The Pascagoula democrat-star., 1911-10-27

HOMfSTfAOS Af1fR 1906
ARE HELLO IS WORTHLESS


One ~ The most important court |
decisions ~ decade vas that ren.
defed In the fsdefal court at Biloxi |
oD Thursday Afternoon VI last week. |
THIS decision 1esls with the titles ~ |
thousands " acres " land IN jackson |
county and along the gulf coast, an5 |
goes back ~ the transfer by the gov
erbmeDt t0 the state " the swamp
and overflow lands.
During the war, IL is maintained,
much Encouragement and negligence
10 the land office ~ JacksoD caused a
buDVliDg ~ the records VI sales and
transfers, and the reconstruction
period appeared just as bad. Because
OF the condition into which matters
had oeen allowed 10 drift, Senator
McLaurin introduced aud had passed
through congress an act, known as
the McLaurln act, that confirmed the
passing VI these lands To the state
| and invalidated all homestead entries
following that act
THE DECISION.
The daily papers OF Friday morning
carried the following account " the
hearing Gf the case at Biloxi and the
decision rendered:
The suit OF the United States
against r G. Galloway & Sous, OF
Jackson county, involving a claim OF
3l7,500 for the value OF timber cut
from lands claimed 10 be government
lands, and for such cutting running
back over a period OF years as fal
back as 1904, was before the Fedora
court this afternoon.
The defendants by special pie;
alleged that the United States hat
no right Of action, averring that th,
lands were in 1862 sold by the state a
swamp lands under the act OF con
gress of 1850, and that the title OF th
purchaser from the state had beel
/. ratified by an act Of congress OF 1870
known as the McLaurin act, ratifyin
! and confirming the title and claim 0
such purchasers as OF the date OF sal
by the state.
GOVERNMENT LOSES
The COVER Dment. ny District At,0l
n ney Amhrecht. came back at thl
plea with demurrer, and the dt
murrer was ovprruled. the court hole
ing that the plea was good, and the
: District Attorney Ambrecht. by repI
II cation, set up 10 defense Il provis
}. OF The McLaurin act by which IT WA
e provided that the act should not b
l. construed as affecting any valid It'll
n OF claim existing at that time undt
r. the public land laws. and set up sp,
ciIically that all, or nearly all, OF I'll
ic land was In March, 1905, the subjet
is OF homestead entries, but that the
ID had all been Cancelled or rclinquishe
ID aud other entries made since 1906
e. To his plea the defendants d,
e, INJURED and cnntended that no entl
1e was valid uutIl compliance with Il
ri homestead laws: that the act did q,
" Interfere with the entry u any perst
e. claiming the land when the a
s- passed, and subsequent entries cou
ed not prevail against the McLaur
ce act. This demurrer was sustaine
n the court holding the plea bad.
1t is said this act is OF considerab
Significance, involving many thou
=. ands OF acres OF public lands in Miss
y sippl that we're sold by the state Sc
III enty years ago, and the title Of T.
III purchasers confirmed by this a,
A. which the court has by this decisit
IN sustained.
!. District Attorney Ambrecht stat,
~ that he would appeal this case to /
VI circuit court OF appeals at New
r. leans. The defendants were repI
sented by II. b. Everitt Of Past
goula.
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