Omaha daily bee., 1914-10-18
Nebraska
FIXING LINES IN The WEST
Land Commissioner Making Great
Progress in This Work.
ENLIsTs GOVERNMENTS AID
Substantial Progress Made 70 Dis
entansle Land boundaries
Mixed Up in the sand
hill Region.
CFrOm a Staff Correspondent

braska has had a great deal of trouble
In the years past in the matter OF the
surveying VI township section and other
lines. but In the last two years, during
the administration of the office of land
commissioner by the present incumbent,
Mr.. Beckman great progress has been
made in definitely fixing many OF these
lines, especially those of contested school
sections in Grant, Hooker and Gradeu
counties, according to State Surveyor
Robert Harvey, who for many years has
been connected with the land commits |
Eioners office and who formerly assisted
in the original survey of the state.
During the last year. said Mr.. Har-
vey this morning, the State Board Of
Educational lands and funds sent AS
sistant Attorney General Frank e. Edger- /
ton to Washington to urge upon the |
commissioner of the general land office |
the necessity of surveying out the To-
cations of school sections in the three
named counties. Recognizing the Just |
ness of the request of the state board |
government surveyors were sent to de-
tcrmine the lines and have been working |
upon the same during the summer and
the same will soon be completed.
by this means, tho state authorities
have hoped definitely to determine the |
location OF its school sections in these
counties as they were surveyed out on
the ground by the first government sur
veycrs. OF course, the statee of Nebraska
has no claim to any other tracts of land
except the two school sections 10 and SO
in each township, as they wore surveyed
out in the first survey.
Survey Signs Obliterated.
During the intervening years the
weather and the sandy soil have operated
almost to obliterate signs of that first
survey. Few corners of the first govern
ment survey were discernible during the
early settlement OF these COUNTESS. The
result was the resurveying by locators
and county surveyors and the establish
ment of corners by them. Settlers occu-
pied their land. basing 1t upon surveys
made by locators. The result was con-
fusion as to the exact location of sections
a6 and Sc
About 1895 congress authorized a resur-
vey of this land, but provided that no
bona fide occupant should lose his land
through such survey OF course, the state
of Nebraska was bona fide owner and
occupant, but in the making Of this sur
Vey in 1885, and the following years. the
Interior department paid no attention to
the rights Of the state of Nebraska The
state government had no actual notice OF
this second survey until its plats and
field notes had been approved by the
commissioner of the general land office
at Washington. The state did not knTw
that it's rights to scores OF sections of
school land were being impaired and
clouded. The state could not know what
was being don until the government sur
veyor had completed his work and It had
been approved by the national govern
lrent. Claims Of settlers were surveyed
out of the land which the state OF Ne
braska claims was a part of sections IL
and 49, Notwithstanding the priority of
the states title and OF leases made before
the resurvey overlapping claims were
pcrmitted and surveyed out of the best
lands in the section. mostly hay lands.
state LOses Land.
Not content with this. three townships
InH ooker couny were resurveyed by
hrowing eli of the deficiency or shortage
Into the east tier Of sections instead of
the west, as In the original survey, thus
y causing a loss 70 the state OF over $50
acres Other townships were surveyed
from the north, throwing all the shortage
Into the south tier of sections. instead Of
The north tier. where 1t belonged, accord
Ing TO the original survey causing alb
normal sections where they did not be-
long.
I'm one township in Garden county
moro than 140 acres Of valuable hay land
are cut IN strip forty rods wide out
Of the heart of section s. leaving a strip
of school land on eaho side. In another
township 100 acres of hay land were cut
out slick and clean from the heart of the
good land. When the nature OF these re-
surveys came to the attention of the state
land office In 1904 1t made complaint and
filed an application for a resurvey of the
school sections according to the original
survey.
Land Under Lease
These school lands are under lease
contracts and II the lessee complies with
the terms of the contract he can purchase
the land upon which he has been paying
rental by paying the appraised price In
the case OF rnutilated sections. and there
are many OF them. having claims cut out
of their very vitels, the state is unable
TO comply with Its contract to convey
good title. If the state should convey
according to the terms of the contract,
the purchaser is entitle to full posses
sion Of the tract. on failure Of which he
has cause of action for breach Of war
ranty and Is entitled to relief.
The matter of purchase of sections
according to contract has come squarely
before the state officers where overlap
ping claims were cut out, and wnere re-
survey sections do not occupy the same
ground as the grant OF the original sur
vey. In these cases the state would be
conveying land It did not own and ada
cent diners would be holding land be-
longing to the state. The adjoining
owner has no assurance that he is not
occupying land that belongs 10 the state.
to which he cannot obtain title except
by purchase, though he may have had
possession or had it under his control.
Need of Perfect Title.
THE states deed to purchasers OF
school lands must be a perfect title. and
until the question OF the states title
TO its land. impaired by the second gov
eminent survey. Is settled by the proper
as that Of the adjoining ocmfwy ocm
as that OF the adjoining owners. So 1t is
of paramount Importance to all that the