236 



CONGRESS. (LAND-GRAXT FORFEITURE.) 



Land-Grant Forfeiture. This old subject 

 was taken up and an important measure was 

 passed " to forfeit certain lands heretofore 

 granted for the purpose of aiding in the con- 

 struction of railroads." The bill was intro- 

 duced in the Senate and passed that body April 

 29, 1890. The House of Representatives passed 

 a substitute by way of amendment July 17. 

 The Senate non-concurred in the amendment, 

 and conferrees were appointed. They reported 

 in favor of the following measure : 



That there is hereby forfeited to the United States, 

 and the United States hereby resumes the title there- 

 to, all lands heretofore granted to any State or to any 

 corporation to aid in the construction of a railroad 

 opposite to and conterminous with the portion of 

 any such railroad not now completed and in opera- 

 tion, for the construction or benefit of which such 

 lands were granted ; and all such lands are declared 

 to be a part of the public domain: Provided, That 

 this act shall not be construed as forfeiting the right 

 of way or station grounds of any railroad company 

 heretofore granted. 



SEC. 2. That all persons who, at the date of the 

 passage of this act, are actual settlers in good faith on 

 any of the lands hereby forfeited, and are otherwise 

 qualified, on making due claim on said lands under 

 the homestead law within six months after the pas- 

 sage of this act, shall be entitled to a preference right 

 to enter the same under the provisions of the home- 

 stead law and this act and shall be regarded as such 

 actual settlers from the date of actual settlement or 

 occupation ; and any person who has not heretofore 

 had the benefit of the homestead or pre-emption law, 

 or who has failed from any cause to perfect the title 

 to a tract of land heretofore entered by him under 

 either of said laws, may make a second homestead 

 entry under the provisions of this act. The Secretary 

 of the Interior shall make such rules as will secure to 

 such actual settlers these rights. 



SEC. 3. That in all cases where persons, being citi- 

 zens of the United States, or who have declared their 

 intention to become such, in accordance with the 

 naturalization laws of the United States, are in pos- 

 session of any of the lands affected by any such grant 

 and hereby resumed by and restored to the United 

 States, under deed, written contract with, or license 

 from, the State or corporation to which such grant 

 was made, or its assignees, executed prior to Jan. 1, 

 1888, or where persons may have settled said lands 

 with bona fide intent to secure title thereto by pur- 

 chase from the State or corporation when earned by 

 compliance with the conditions or requirements of 

 the granting acts of Congress they shall be entitled 

 to purchase the same from the United States, in 

 quantities not exceeding 320 acres to any one such 

 person, at the rate of $1.25 per acre, at any time 

 within two years from the passage of this act, and on 

 making said payment to receive patents therefor, 

 and where any such person in actual possession or 

 any such lands and having improved tne same prior 

 to the 1st day of January, 1890, under deed, written 

 contract, or license as aforesaid, or MB assignor, has 

 made partial or full payments to said railroad com- 

 pany prior to said date, on account of the purchase 

 price of said lands from it, on proof of the amount of 

 such payments he shall be entitled to have the same, 

 to the extent and amount of $1.25 per acre, if so 

 much has been paid, and not more, credited to him 

 on account of and as part of the purchase price herein 

 provided to be paid to the United States for said 

 lands, or such persons may elect to abandon their 

 purchases and make claim on said lands under the 

 homestead law and as provided in the preceding 

 section of this act: Provided, That in all cases where 

 parties, persons, or corporations, with the permission 

 of such State or corporation, or its assignees, are in 

 the possession of and have made improvements upon 

 any of the lands hereby resumed and restored, and 



are not entitled to enter the same under the provis- 

 ions of this act, such parties, persons, or corporations 

 shall have six months in which to remove any grow- 

 ing crop, and within which time they shall also be 

 entitled to remove all buildings and other movable 

 improvements from said lands: Provided further, 

 That the provisions of this section shall not apply to 

 any lands situated in the State of Iowa on which any 

 person in good faith has made or asserted the right to 

 make a pre-emption or homestead settlement: And 

 provided further, That nothing in this act contained 

 shall be construed as limiting the rights granted to 

 purchasers or settlers by " An act to provide for the 

 adjustment of land grants made by Congress to aid in 

 the construction of railroads and for the forfeiture of 

 unearned lands, and for other purposes," approved 

 March 3, 1887, or as repealing, altering, or amending 

 said act, 'nor as in any manner affecting any cause of 

 action existing in favor of any purchaser against his 

 grantor for breach of any covenants of title. 



SEC. 4. That section's of an act entitled "An act 

 for a grant of lands to the State of Iowa in alternate 

 sections to aid in the construction of a railroad in 

 said State," approved May 17, 1864, and section 7 of 

 an act entitled " An act extending the time for the 

 completion of certain land-grant railroads in the 

 States of Minnesota and Iowa, and for other pur- 

 poses," approved March 3, 1865, and also section 5 

 of an act entitled '' An act making an additional 

 grant of lands to the State of Minnesota in alternate 

 sections to aid in the the construction of railroads in 

 said State," approved July 4, 1866, so far as said sec- j 

 tions are applicable to lands embraced within the in- i 

 demnity limits of said grants, be, and the same are I 

 hereby, repealed ; and 'so much of the provisions of I 

 section 4 of an act approved June 2, 1864, and en- 

 titled " An act to amend an act entitled k An act 

 making a grant of lands to the State of Iowa in alter- 

 nate sections to aid in the construction of certain rail- 

 roads in said State,' " approved May 15, 1856, be, 

 and the same are hereby, repealed so far as they re- 

 quire the Secretary of the Interior to reserve any 

 lands but the odd sections within the primary or_6 

 miles granted limits of the roads mentioned in said 

 act of June 2, 1864, or the act of which the same is 

 amendatory. 



SEC. 5. That if it shall be found that any lands 

 heretofore granted to the Northern Pacific Kailroad 

 Company and so resumed by the United States and 

 restored' to the public domain lie north of the line 

 known as the " Harrison line," being a line drawn 

 from Wallula, Wash., easterly to the southeast corner 

 of the northeast one fourth of the southeast quarter 

 of section 27, in township 7 north, of range 37 east, 

 of the Willamette meridian, all persons who had ac- 

 quired in good 'faith the title of the Northern Pacific 

 Kailroad Company to any portion of said lands prior to 

 July 1, 1885, or who at said date were in possession of 

 any portion of said lands or had improved the same. 

 claiming the same under written contract with paid 

 company, executed in good faith, or their heirs or 

 assigns, as the case may be. shall be entitled to pur- 

 chase the lands so acquired, possessed, or improved, 

 from the United States, at any time prior to the 

 expiration of one year after it 'shall be finally de- 

 termined that such lands are restored to the public 

 domain by the provisions of this act, at the rate ot 

 $2.50 per acre, and to receive patents therefor upon 

 proof before the proper land office of the fact of such 

 acquisition, possession, or improvement, and pay- 

 ment therefor, without limitation as to quantity: 

 Provided, That the rights of way and riparian rights 

 heretofore attempted to be conveyed to tl 

 Portland, in the State of Oregon, by the Northern 



A strip of land 50 feet in width, being 25 feet on each 

 side of the center line of a water-pipe line, f 

 same is staked out and located, or as it shall !>< WT* 1 

 after finally located according to the provisions of w 



