FREE BOOKS

Author's List




PREV.   NEXT  
|<   331   332   333   334   335   336   337   338   339   340   341   342   343   344   345   346   347   348   349   350   351   352   353   354   355  
356   357   358   359   360   361   362   363   364   365   366   367   368   369   370   371   372   373   374   375   376   377   378   379   380   >>   >|  
es for the confirmation of titles derived by purchase from the companies of lands shown to be excepted from the grants. It contemplates a disposition of every tract, described by the granting act, situated within the primary or granted limits; an inspection of each tract certified or patented to the company within such limit, to determine whether such certification or patenting was proper; the listing of those tracts shown to be erroneously certified, and the determination for what tracts lost to the grant indemnity is to be allowed. It is necessary in making such an adjustment that all questions of conflicting claims, either between settlers and the road or between two roads the grants for which conflict or overlap, be finally disposed of, so that a proper disposition of the land can be shown in the adjustment. While adjustments have proceeded with the utmost rapidity consistent with a due regard for the rights of the settlers, of the United States, and the railroad companies, and while to this end the force of adjusters has been largely augmented in the General Land Office, many of the grants yet remain unadjusted. In some of the grants, notably the corporation grants, the lack of surveys up to the present time made the completion of the work impossible. Decisions rendered by the Interior Department in numerous conflicts have been carried into the courts. The construction of the Interior Department has generally been sustained when final determination has been reached, but many of the cases are still pending in the courts, not yet having been decided. Some of these cases, while involving immediately the title to only one particular tract, will when decided furnish a rule of construction to control the disposition of the title to thousands of acres of other lands in the same situation. Until the courts pass upon these questions final adjustments can not be made. By section 8 of the act of March 3, 1891 (26 U.S. Statutes at Large, p. 1099), it is expressly enacted that suits by the United States to vacate and annul any patent theretofore issued "shall only be brought within five years from the passage of this act." This period of five years will expire on the 3d of March, 1896. Of course no suit by the United States to secure the cancellation of a patent in this class of cases after that date would be effective. Indeed, it is now too late to initiate proceedings looking to any such suit, inasmuch as demand has t
PREV.   NEXT  
|<   331   332   333   334   335   336   337   338   339   340   341   342   343   344   345   346   347   348   349   350   351   352   353   354   355  
356   357   358   359   360   361   362   363   364   365   366   367   368   369   370   371   372   373   374   375   376   377   378   379   380   >>   >|  



Top keywords:

grants

 
States
 
United
 

courts

 
disposition
 
settlers
 

adjustments

 

questions

 

construction

 

adjustment


patent

 

decided

 
Interior
 

Department

 
companies
 

certified

 

tracts

 
proper
 

determination

 

control


furnish

 

Indeed

 

situation

 

effective

 

thousands

 
involving
 

demand

 

reached

 
pending
 

immediately


initiate

 

proceedings

 

vacate

 

enacted

 
expressly
 

brought

 

issued

 

period

 

expire

 
theretofore

cancellation
 
section
 

passage

 

Statutes

 

secure

 

indemnity

 

allowed

 

erroneously

 
patenting
 

listing