Omaha daily bee., 1912-04-26
WOULD LIMIT RIGHT-OF- WAY
Norris Files Report of Committee
on Union Pacific.
MUCH PROPERTY Is INVOLVED
Interior Department Decides Much-
Mooted Land Case of samuel
Martin of broken Bow
Against Him.
frrom a stnff cnrrssnnnden.,

tFrom q Staff Currespondent)
WASHINGTON. April "a, special Tai.
egram, Representative Norris flied the
report from the judiciary COMMITTEES to-
day on the bill TO limit the width OF the
right-of-way Of the Union Pacific rail-
road In Nebraska and Colorado. IL oon-
tains an exhaustive discussion Of the
various acts Of congress under which the
rlght-of.way was secured and decisions
OF the supreme court In cases arising
hereunder. all 10 the effect that the rail-
road has no equitable right to the aadi-
tional land claimed in the two states
along its right-of-way.
II is claimed In the report that the
proposed law Is necessary ana Just in
order TO quiet title to those who for
forty years have held the land either by
deed or under the law Of adverse possess
sion. II is pointed out that the road has
no need for right-of-way 400 feet wide
and that no other railroad in the country
has as great width as that.
Furthermore. II Is declared that ths
Union Pacific does not desire the add
tional ground for railroad purposes, and
that in fact under its charter II could
use no greater width than 300 feet for
railroad purposes.
The report claims that conditions in
Colorado show even greater need for tho
proposed legislation than those in Ne
braska and urges that its passage would
in no sense injure the railroad company
In the operation of It's business. while II
would be Of vast benefit to persons isv-
ing along the right-of-way by auietinT
title TO valuable property on which a
cloud has been east by the claims Of tho
Union Pacific.
Complex Case settled.
A decision Just rendered by the Interior
department. whereby the entry of Samuel
j. Martin of Broken Bow for half sec
ton of land In the Broken Bow district
is cancelled and the entry OF James w.
Taylor 10 reinstated, Is the elimination OF
q controversy that has extended over
eight years and In which five DEPART
mental decisions have been rendered on
various phases Of the case. The whole
controversy turns upon a single point,
whether Martin was residing upon his
original entry at the time he filed an
The record OF facts Ia long and COM
plex. Martin, however. based his case
upon proof OF residence. II was shown.
according TO the decision. that while ha
had a sod house on the land In dispute.
his wife and family we're living in a
frame house but short distance away
on a separate tract Of land; and thar
while the frame house was in excellent,
condition. the sod house was not In con-
dition to afford shelter at all times, espe-
clally In stormy weather, and that as a
matter Of fact Martin had really made.
his home in the frame house with his
family.
The department Is convinced beyond
q doubt" says the decision, that tina
Of Martins residence was not
such as to entitie him to the preference
right claimed. II was merely colorabIe
occupancy. with no bona fide attempt ton
comply with the homestead law
The case was therefore decided against
him.
Representative Kinkaid appeared be-
lore the public lands committee this
in support Of his bill to open
he abandoned military reservation az
Fort Niobrara to settlement II is UNDER
TODD that the subcommittee TO whom the.
ill was referred this morning Will re-
'ort IL favorably. Its passage has been
by the secretary Of the i'm
erior In letter received by the commit-
ZEE.
An important item in his letter IS his
Igreement to the position taken by Mr..
itnkaid that the lands be opened for
rec settlement. rather than sold at ap-
,risal value, as is usual In many cases,
iotably in Indian lands that are opened
or homestead. There are about 1900
lcres in the tract il is proposed to open,
4 which about 500 acres will be eligible
o settlement under the quarter section
Ict. the balance being subject TO the pro-
tsions Of the Kinkaid or one-section act.
The secretary recommends that proper !,
gaterpower reservations be retained by
he government. These reservations, 1t is
Understood. Will not interfere with such
Faterpower sites as are now controlled
y priyOte parties.
Representative Sloan today recon-
tended to the Postoffice department thu
ppointment as postmaster Of F. ]. Gee
IN at Seward.