Webster City freeman., 1913-10-21
MORE Of RIVER
LAND HISTORY
Navigation Company Successful in
Litigation Brought by the
United States Gov
ernment.
INDEMNITY LAW WAS PASSED
List of Those in Hamilton County
Who Claimed Indemnity
Under Law.
INDEMNITY LAW WAS PASSED

County by f. @. and J. w. Lee:
number of law suits between th'
Navigation company and the settler:
were appealed to the supreme courr
/ OF the United States and in these ap'
peals the navigation company was
On account of the peculiar circum.
stances of each case, successful. At
tempts were made to get congress tC
authorize suit in behalf of the gov
|crnment, against the River Land
company and to promote this enter
prise, B. E. Boynton was sent to
Washington by the Settlers union.
At one time an act authorizing a
suit was passed but President Cleve-
land vetoed it. In 1891, authority
for a government suit was finally
granted, and D. C. Chase of Webster
City was appointed special assistant
to the district attorney, for the pros
ecutiOn of the case. The case con-
templated a contest of the rights of
Des Moines Navigation G Railroad
company to the lands claimed by the
settlers. 1t was first tried in the
United States circuit court and the
Navigation company being success
full, it was appealed to the supreme
court of the United States. A brief
filed by Mr.. Chase in the circuit
court, attracted the attention Of the
attorney general and he wrote to
Mr.. Chase asking for copies of the
brief and stating that he desired to
make the brief part of his argu-
ment. In the supreme court, the
Navigation company was again Sue
cessful In maintaining it's right to
the lands in controversy and moth
ing was now left for the settlers to
do but to buy of the River Land
company or move off, Many settled
with the River Land company but
some gave up In despair.
AS soon as it had been settled be-
yond question that the Navigation
had title to the river
lands" movement in favor of gov
indemnity for the settlers
was started and in 1894 an indem-
nifty bill was passed by congress. The
Freeman of January %, 1895, gives
the following description Of the bill
and Of the steps taken by the inter-
ior department to distribute the in
THE INDEMNITY BILL.
Briefly, the bill appropriates
S404, 4,22S.0O to be used by the secre-
tary Of the interior to secure the re-
of titles to the lands
in question, which may be held by
the Des Moines Navigation and Rail-
road company or persons claiming
title under it adversely to persons
holding said lands under either pre-
emption or homestead entries
That the secretary shall require
the persons whose names are en-
braced in the report of the commits
sioners, heretofore appointed to as
certain the value of said lands or the
persons found by examination to be
entitled to the benefits Of this act
TO furnish proof of the character Of
the claim to each OF said parcels Of
land, and when such proof shows to
the satisfaction of the secretary that
the party making the claim has COM
piled so far as possible, with the
laws and regulations for the acqui-
sition OF public lands under which
parties would. in the absence of any
conflicting claim. be entitled to re-
ceiye absolute title thereto. he shall
cause to be paid a sum not to exceed
in amount the appraised value of
such land, to the owners, in cases
where a relinquishmen to the Unit
ed States of their titles can be pro-
cured for that amount; but other
wise the same amount shall be paid
to the persons emitting themselves
to the same by max ing the proofs as
aforesaid. taking the receipts Of said
parties for the same. The bill pro-
vides that a patent duly issued shall
be conclusive evidence of compli-
ance with the provisions of this sec
tion relating to proof. and that in
payments Of indemnity un-
der this act, in all cases where the
government price has not been paid
by the purchasers at the time of, or
under this act, in all cases whore
the government price has not been
paid by the purchasers at the time
OF, or subsequent to the entry Of the