The Greeley tribune., 1910-01-20
SUPREME COURT DECI.
SION REACHES GREELEY

Nj tOe utmONt importance n the
citizens Of Greeley and OF Weld coun.
ty II the decision of the United states
supreme court In the case OF the I'm.
ion Pacific company against Harris
A copy Of the decision has just reach.
ed Greeley Thursday and because
Of the intense public interest which
attaches to the subject that the lrib.
une believed il worth while to go tC
the bottom Of the Case 50 that clear
and true light might he thrown upon
the decision with reference to bear.
ing upon the city OF Greeley and In.
tiividual property owners.
Following is concise statement
OF the decision from the pen of Attor.
ney John T. Jacobs.
To the Greeley Tribune:-ln re-
gard to your inquiry concerning the
recent case of the Union Pacific Rail.
road company vs. Harris ct. al
would say that In that case the su.
preme court OF the United States q
week ago last Monday. In an appeal
from Kansas. has made a decision
which is of vital importance to tn,
case OF DeBolt vs. Union Pacific Rail
way company. in fact is vital to ev-
cry property right owner within tn,
4OO-foot right Of way through Gree
ley. This case decides two very i'm
portant points. viz:
% That where land had beer
entered upon under the homestead
or presumption statutes prior to tht
taking effect OF the grant, II is moi
public domain. and tho right of way
does not attach, even though recsiS-
er's receipt and patent might not
J. ~ D..
grant
t2) The acts of 1859 and 1861
did not grant any right OF way tc
the Kansas Pacific company west OF
the Tooth meridian. and that any
right OF way 1t might have tand th'
court does not say what the width
thereof wast was not initiated prior
to the act OF July 3, 1866"
The bearing OF this case to our
situation here in Greeley is that II
is now practically decided that not
until the act of March 3. 1869, was
the Union Pacific authorized to adopt
the Denver Pacific grant through
Greeley. In the light of this prece-
dent II is practically certain that the
supreme court of the United States
will hold that the Denver-Pncitc
Railway company's claim OF right
OF way between Denver and Chey-
enne does not date back OF March
3, 1869. Practically all of the land
through Greeley through which the
Denver-Pacific ran. had been entered
by individual locators prior to March
3. 1869. and therefore same was not
public domain and no 40o-foot right
OF way WAS granted by congress
thereover.
The only exception to this condi-
ton OF affairs is the South Half OF
the Southwest Quarter of Section .
in which DeBolt's property is situat-
ed. This is the eighty acres south
of Ninth street.
The case OF all property in TINS
eighty acres. however. is reall!
stronger than the case of lots in the
other portions. because in this por-
tion of the Denver-Paciic land grant
there was an unqualified patent -
sued from the government to the
railroad and the railroad COMPANY
Itself atterward executed deed IN
compromise for the purpose OF get
ting right OF way across the lands
where it did not claim any rights. +.
inasmuch as the Denver-Paciiic had
undoubted right to mortgage thlH
property, and have acuuiesced 'o'
thirty-ninc years in sales and I'M
provements there is little doubt that
the courts will maintain the loO-ioo'
restriction.
The property owners along the Al
legged i00-foot right of way have no
reason for becoming panic-s'rickeh
over the position OF the Union "a
cific for the claims OF the Union IA
cific Railroad company are so con
trary to every principal of justice
and common decency that there Is
no doubt that they will be repudiated
by the courts.
JOHN r. JACOBS,