The Colfax chronicle. [volume] (Colfax, Grant Parish, La.) 1877-1981, 1911-09-09
The Backbone Land Grant Fraud.

Bentley, La, Aug. 81, 1911
Editor Colfax Chronicle:
In case decided few years
ago, Justice Land said with refer
ence to the act of 1887: The stat
ute was a donation of public lands
for railroad purposes and the pro-
viso in section two expressly ex-
cepted from the grant all lands &C.
capied by actual settlers and de-
clared such lands subject to en-
try. The actual occupancy of
such lands excepted them from
the operation of the grant. and
aud the rights of settlers in this
towards the government, did not
concern the grsntee-L isso VS.. De
Villier, 118 La. SCI.
In this case we have a clear cut
decision in case where settler
was on land claimed under the
grant made to the New Orleans
Pacific Railway Co. at the time
the grant would have applied, and
Judge Land gave judgment against
the railway company.
Under the law we can not see
how he or any other judge could
possibly do otherwise. 1t is only
a matter of proof, if the settler
was on the land claimed on the
18th day of November, 1882, and
he, his heirs or assigns remained
on the land, or in possession of
the land, until Feb. 8, 1887. This
being the date of the passage of
the act, and the closing of the
question as to. the rights of both
settlers and railway company.
there can no question arise(at this
late date as to the extent of the
rights of the claimants. tits plain
that it all depends on the proof
made in each case. If the settler
can and does prove that he was
in possession or those from whom
he bought the claim was in pos
session at the time the grant would
have applied, there is nothing left
to be decided by the court, since
it is law that the settler have the
lands SO occupied, and the railway
company have the land unoccupi-
ed by actual settlers at the time
of the filing of the location of the
road in the Office of the Secretary
of the Interior, in Washington.
This was the intention of the
Blanchard Robinson compromise
made with the railway company
Jan. A, 1882; and the act of Feb.
8, 1887, confirms the title to the
New Orleans Pacific Railway Co,
provided that all lands occupied
by actual settlers at the date OF
definite location of said road and
remaining in their possession or
in possession of their heirs or as
signs be excepted from said grant,
aud shall be subject to entry un-
der tho public land laws of the
United States"
We notice the latter part of this
says, shall b. subject to entry, bul
does not say it shall be entered by
any one person. This simply
makes all lands occupied at the
time the grant would have applied
public land, and subject to entry
by the first legal applicant. All
lands so occupied were excepted
from the grant expressly for the
settler, and must be secured BY
homestead or presumption entry,
and no other way. Until Con.
qress has seen st to- pass an acl
permitting title to this land to bs
secured in some other way, there
will be no title that will stand ex'
cept through the homestead route
and all lands compromised, where
one party holds the timber ane
the other the quit claim to The
laud, can be. if the proof can b
made, contested by any legal ap
rI;cant for n homestead. This be