The Colfax chronicle. [volume] (Colfax, Grant Parish, La.) 1877-1981, 1912-11-09

- 49, = = =
SAT uRDAY, NOV. 9, 1912.
fAdvertisement)
In portant Homestead Decision Reject
ing Application Tor Entry.
DEPARTMENT OF THE INTERIOR,
Washington, June II, 1912. /,
p-20999.
Wvlie O. Williamson VS.. NewNOrleans
Pacific Railway Company.
"F''-Baton Rouge 04301 : Rejection
of Homestead Application Affirmed
Appeal from the General Land Office.
Wylie o. Williamson has appealed
from decision of January 10Th, 1912, by
the Commissioner of the General Land
Office, affirming the action of the local
officers rejecting the application OF
Williamson to make homestead entry
foc lots and 2, Sec. SO, 7. NJ, r. 2
f.. La. H., Baton Rouge, Louisiana,
land district.
laid action was taken for the reason
tl..t the tracts applied for are within
tie twenty or primary limits of
the grant by act of March 3, 1871 Q6
Stat, 575-579), to the New Orleans,
Baton Rouge and vicksburg Railroad
Company, which company assigned its
rights under the grant to the New Or
leans Pacific Ry. Co., and which assign
ment was confirmed by the act of Feb
ruary 8, 1887, ga Stat, 1917, as to that
portion of the grant between White
castle and Shreveport The line of the
road opposite this land was definitely
located October 28, 1881, and patent to
the company was issued March 8. 1885.
for the land herein applied for.
The applicant claims present possess
ion of the land in himself, acquired by
transfer of the alleged rights of prior
settlers back to 1879. He bases hi,
claim upon the provisions of the sale
act of February 8, 1887 The provist
to section 2 Of said act reads as follows
THAT all said lands occupied by &C
tual settlers at the date of the definite
location of said road, and still remain
ing in their possession or in possession o.
their heirs or assigns, shall be held ant
deemed excepted from said grant, ant
shall be subject to entry under the pub
lie land laws of the United States. I"
Section of said act also provides:
THAT the patents for the lands con
veyed herein that have already been is
sued to said company be, and the sam
are hereby confirmed; but the Secretar,
of the Interior is hereby fully author
lied and instructed to apply the provis
ions of the second, third, fourth, an
fifth sections of this act to any Of tn
said lands that have been SO patented
and to protect any and all settlers d
said lands in all their rights, under tn
said sections of this &C"
This land was patented under tn
railroad grant in 1885, prior to the pas
sage of the act of 1887, and from dat
of patent ceased to be public land 0
the United States, subject to homestea
entry. By the act Of March 2. 1896 e
Stat, ~, It was provided:
THAT suits by the United States t
vacate and annul any patent to land
heretofore erronecusly issued under
railroad or wagon road grant shall onl
be brought within FIVE years from th
passage Of this act, and suits to vacat
and annul patents hereafter issued sha
only be brought within six years afte
the date of the issuance of such pal
ents.
The period within which suit migl
have been instituted to set aside tn
patent and reinvest the Departmer
with jurisdiction over the land has Ion
since expired, and it therefore becom,
unnecessary to inquire as to wheth,
the settlement claim, which Williamsc
asserts, is within the protective pr
visions of the act of 1887, but for tn
he is alone to blame. Had he MAJ
timely assertion of his claimed RICH
it would have received careful conside
alton, and if sustained, steps wou
have been taken to secure to him Il
full benefits of the relief act of 1888
After the lapse of twenty-five year
and the Intervention of the repose 8
cured through the act of 1896, the D
partment is now powerless to give
claim consideration.
The decision appealed from is ther
fore affirmed.
(Signe0 SAMUEL ADAMS,
First Assistant Secretary.
8-3O-9oM'E. U. S. LAND OFFICE,
Baton Rouge, La.
Oct. 8, 1912.
We hereby certify that the foregoi
has been compared with the records
this Office, and is a full, true, and Ct
rect copy.
(Signed) LOUIS T. DUGAzoN.