the true construction of the grant which required partition to desig-,
nate the land that each should
Th3 Hwali
and is sustained by authority.
It is argued by counsel that this severally hold.
No such estate was created by
WIDNK8D a Y MAY 15 18 5
is a grant of an undivided interest
in a tract of land; that the odd this grant. The right of the c< m-
pepartment of the in - section granted, whether surveyed pany did not attach to any partic­
y
tekiob .
or unsurveyed, not having been se- ular section until after selection,
grated by selection, are held under and the construction of the road 1
Waahinntion, D C., March 28, 1895. the joint right of possession with and filing of map of definite loca
Wi l.n>etle Valley and Cascade , the other odd sections, until selec­ tion did not operate to withdraw
Mountain Wagon Road Co. v George, tion is made by the company of the the lands from settlement and en-
W. Hagan.
try.
particular section.
The Commissioner of the
But a withdrawal of laud by the
The grant is of ‘‘alternate sec-
General Land Office,
Sir- This case comes before the tions of public lands designated by Secretary, in the exercise ef his
department on the appeal of the odd numbers, three sections per authority, for the purpose of enab­
Willamette Valley and Cascade , mile, to be selected within six ling the company to satisfy the
Mountain Wagon Road Companv miles of said road.’’ It is not a grant by making selections in ac
from the decision of j our office of, grant of an undivided interest in cordance with the granting act was
November 1G, 1893, rejecting the any tract of land, nor is there any equally as effective to with-holdthe
claim of said company to the N.-J expression in the grant to indicate lands from settlement and entry
of the NE i and the NE 4 of the j that a joint holding of any tract of as if it had been provided by the
NW 4. Sec. 19, T. 16 S., R. 19 E., land bv the government and the act.
This withdrawal did not become
The Dalles, Oregon.
, State was contemplated.
Upon the application of the com
As stated bv the Secretary, in effective, as held in the case of
I -----
have considered with this the case of Rinenart heretofore cited, Rinehart, until it was filed in the
pany, 1
appeal the cases of Edward R. Tay­ “the act makes no provision for local office, but after such with-
lor and George L. Myers, now pend filing of map of definite location, dra al took effect it operated to re­
ing on the several app* als by said nor for any withdiawal of lands serve, for the benefit of the com­
company from the decision of your ¡from entry for the benefit of said pany, the odd sections within the
office rejecting the claim of the road, but it is the completion of the 3ix mile limits that were at the date
company to the tracts involved , road that gives position to the six of said withdrawal free from any
therein, it being alleged that every i miles limits within which selections claim or right, and thereafter the
important principle controlling the may’ be made.” After the line of odd sections affected by such with­
adjustment of this grant is involved the road is definitely fixed by ac- drawal would not be subject to set
m one or the other of said cases.
' tual construction, the right is gi en tlement and entry under the home­
There are practically but two to the company to satisfy its grant stead and preemption laws, nor)
questions presented by these sever- by making selections, to the extent could any right be acquired by set­
al appeals:
! of three sections per mile from all tlement and occupation upon such
First, as to when the right of the ,the odd sections within six miles lands that would defeat the right
company attaches to the odd sec- on each i-ide of said road, unless of the company to make selection
tions granted.
I excepted or reserved by the act. ef the same.
Second, as to when the withdraw- (That the land was unsuryeyed at
TO BE CONTINUED.
al for the benefit of the road be- the date of the grant can make no
comes effective, and wh ther any difference. It was not a grant of a
Persons who sympathize with the
claim to any of the odd sections half interest in all the odd sections, afflicted will rejoice with D. E.
withdrawn can be perfected as nor of an undevided moiety in any Carr of 1235 Harrison street, Kan­
against the right of the company tract of land, but right to select a sas City. He is an old sufferer
that was not initiated prior to the given number of odd sections with from inflammatory rheumatism,
but has not heretofore been troubled i
date of said withdrawal.
in defind limits. As stated by the in this climate. Last winter he
It is contended by the company Secretary, in the Rinehart case went up into Wisconsin, and in con-1
that when the route of the road (page 653),“the lands that Congress sequence has had another attack.
granted or intended to grant could ‘“It came upon me again very acute
act withdrew from entry every odd only be ascertained when they were and Bevere,” he said. “My joints
swelled and became inflamed; sore
section within six miles on each actually selected within the limits
to touvh or almost to look at. Up­
aide of the road, which was not ex of six miles of the road.”
on the urgent request of nty mother-
pressly excepted or reserved bv the
The distinction between a grant in-law I tried Chamberlain’s Pain
grant, and that thereafter no right of an undivided moiety and the Balm to reduce the swelling and 1
of pre-emption or homestead right grant of a right to select from cer­ ease the pain, and to my agreeable
could be subsequently acquired to tain designated sections ia i lus- surprise, it did both. I have used
three fifty cent bottles and believe
any of the tracts withdrawn.
1 (rated bv the opinion of the Attor it to be the finest thing for rheuma­
The position of counsel is pre-1
[
. ney-General, in the Portage City tism, pains and swellings extant.
dieted upon the theory that the act'(:aBe. 8 Ops. A. G., 255.
. That was For Bale by druggists.
of July 5, 1866 (14 Stat., 89) mak- a grant to the state of Wisconsin,
If King Solomon was alive he
lng the grant to aid in the r con- for the purpose of improving the would now say. “Go to the travel­
^ruction of this road, created J a Fox and Wisconsin rivers, of “a ing man, learn his ways, and be
nanc\ in common between the quantity of land equal to one half wise.” Mr. C. W. Battell, a Cincin-
<e States and the State of of three sections in width on each natti traveling man representing
the Queen City Printing Ink Co.,
w-A°n a8 t° »11 of the odd sections -ide
of the
the said
said Fox
Fox river.
river. ” 1 ‘‘Heie
utie ”
ide of
after suffering intensely for two or
th /V €
°f the grant, and (aB stated by the Attorney General) three days with lameness of the (
tixe l" 1 h t'" r * 1
i “iB not a grant if land along abbi- shoulder, resulting from rheuma­
and ' cre vcsted tn the grantor trary lines unascertained, like those tism, completely cured it with two
the t*r?,ltee’ 38 tenante in common, of unlocated railroads, nor a grant applications of Chamberlain’s Pain
the 1’ ’ tG
°^d section within at large in a whole State,but a grant Balm. Thia remedy is gaining a
wide reputation for its prompt
Ut‘° sixniileson each side within limit« geographically deter- cur<»8 of rheumatism, lame back,;
of the road, not <
expressly excepted | mined by the act, and needig only sprains, swelling«, and lameness.',
c- reserved by the act.
surveys according to established 50 cent bottle« are for sale by drug­
t is apparent that this theory
gist«.
I
statute rules to possess absolute
e»n not be sustained, without over­ precision of locality, and then, re­
A lady at Tooleys La., was very
ling the decision of the Depart-
I
sick
with bilious colic when M. C.
quiring but to be equally divided
7.? ln the ca8e of the Willamette
Tisler.
a prominent merchant of the
between the United States and the
town
gave
her a bottle of Chamber-
} and Casoade Mountain (State.” In that case the State
|ain’e Colic, Cholera and Diarrhoea
(5 L 47
¡j ¡650)
1 JR ,nPan* * ^‘ne^art i held
iwiu as tenant«
lenaum in common with Remedy He says she was well in
tly held tl"
H U wa8 the United State« the title te all forty minutes after taking the first
^ r'mi and^thV11*®°n*tr"Ct‘?nlands within lhe Hmit. “geograph- dose. For sale by druggists.
®»P°f definite location ng “did
of the | ically determined by the act,” for
For whooping cough Chamber-
..J not the reason that the grant to the lain’« Cough Remedy i« excellent.
J1* grant to attach
to any State was for an undivided half By using it freely tl^ disease is de­
•P^ific tract of land,
or of its own interest in the quantity of lands prived of all dangerous conse­
°P«rat:on withdraw w the
quence«. There is no danger in
Lllf* lands
lavida frnr>»
*1_ — J
_ ___ _ _1
tl’l_ it
from thus
designated.
»» hen the survey giving the remedy to babies, as it
*6,.rT’ but that the
taeh-j .
grant umy
only at was made it gave absolute precision contains nothing injurious. 50 cent
soecifi 7 &ctu“l »election of the | to the grant, but it did net indicate bottle« for sale by druggists.
•*e>nc tract.
or determine the particular land
Lxi,Uination °f ,his question
that the State should hold in sever­
distort
' d,8c'oee *ny reason for
alty. It might have selected either
* ^rUHng’ bUt’ °n lh‘ odd
------------------------
w on ini JI- ..
or even sections. - It was seized 1 1 f i ■
v.iv 41411 v. u i
v
'
—__ 1__
_ a
'
Now
the
v-vn^*vuw
a
A
$2 S2
*
am connneed that it ¡a of an interest in the entire
— -------- i estate,
U ||
™
Qg W CwroftirPH»«.
■ BH MB
D ux 241&,
,<■
York City.
THREE GOOD REASONS.
1ST-11 IS ONLY $2 A YEAR, YOU CAN
AFFORD TO TAKE IL
3d--lt is the largest
Paper in the County A
¡has the largest circu­
lation.