The Colfax chronicle. [volume] (Colfax, Grant Parish, La.) 1877-1981, 1913-02-15
The Case of e. w. Pollard VS.. N. o.
Pacific Railroad Company.

MI. JULIUS L. Lung, dttOTIlcy
for E. w. Pollard in his suit with
the N. o. Pacific Railway Co. for
land included in the famous
Backbone Land Grant, sends us
a very lengthy copy of the recent
decision rendered by the Secre-
tary Of the Interior, and his dis
cussion of the same. The docu-
ments make too lengthy a bulk
for US to think of publishing the
entire decision, but as great
many of our people are interest
Ell in the decision, we will try to
give the gist of the matter in as
few words as possible.
After a statement of the pecu-
liar complications in the case,
brought about by the railway
company's counter claims, the
opinion is expressed, that:
The action so taken did not validate
the patent which had been enormously
issued to the railway company, or vest
in that company title to land which
had never been granted it; and. it may
be, that, upon a proper presentation
of the case, the officers of the land de-
partment will see their way to the re-
instatement of Pollard in the position
that he occupied before his relinquish-
ment was executed and filed.
We are of opinion that the judgment in
this case should go no further than to
decree that the plaintiffs, claiming the
land, have exhibited no title, and that
their claim should be rejected, with
such damages as defendants have sus-
tanned, leaving the question of Pol
lard's title, as between him and the
United States, to be acted on, prima-
rily, by the proper officers of the Inte-
rior Department.
''It is thus seen that the suit was
not for cancellation of the patent, but
to determine the title purported to be
conveyed by the patent, and the hold
ing of the court was that no title passed
by the patent. In other words, that
the patent was a nullity for want of
authority in the land department to
issue it for this land. 1t is
obvious that if patent is nullity and
conveys no title, the land does not
cease to be public land.
Gin Nelson VS.. Northern Pacific Rail-
way Company, 1873 U. S., 10S, the suit
was one of ejectment by the railway
company claiming under a patent OF
the United States land which had been
in the possession of Nelsoe, as set
tier claiming right of homestead en-
try from prior to the date that the rail-
road company made definite location OF
-. line. Although the railway compa-
nv Kad a patent, it was adjudged by
the court to be void, Conveying no title
because the land was excepted from
the grant prior to definite location Of
the road and no title passed by the
patent.
"The present case is one OF similal
character. The Commissioner OF the
General Land Office and the Supreme
Court Of the State of Louisiana have
afirmatively found that, February 8
1887, when the grant was confirmed
opposite to this land to the present
company, Pollard was in possession
holding under bonajfde settlement ant
claiming right of entry. The Stat'
court further found that he was In
duced to relinquish this right by fraut
of the railway company and was no
bound by his REIMBURSEMENT. The rail
road company has not appealed tina
Judgment to the Supreme Court OF tn
limited States, although a fedora
question was involved, and it nigh
have invoked that jurisdiction. Tn
Judgment has become final and tn
railway company is concluded agains
asserting title under its patent, whicl
Is the same thing as being concludes
against asserting that it ever acquires
title. 1t follows that the railway com
pany and all persons under it are b.
this decision, rendered by competen
court in q suit between proper parties
concluded and estopped to assert tina
the land has never ceased to be publ
land of the United States. All partie
in interest being concluded by judg
ment of court of competent jurisdit
A.. Tho land denartment NAV accep