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thereof was given by the district land officers at Marquette, Mich., June 27, 1873, to take effect August 6, 1873. · In a letter, dated July 10, 1873, addressed to the Secretary of the Interior, the then governor of Michigan claimed that as Congress had never annulled the grant, or the legislature of Michigan authorized the surrender of said lands, their surrender was made without authority of law, and that the lands rightfully belonged to the State of Michigan.
The order for their restoration was thereupon, on July 30, 1873, suspended, and has never been carried into effect.
The time for completing the said road from Ontonagon to the Wisconsin State line expired June 3, 1866. No portion thereof was completed within that time.
On September 17, 1880, the board of control of the State of Michigan, ignoring the release to the United States, declared the grant to the Ontonagon and State Line Railroad Company forfeited to the State, and conferred the same upon the Ontonagon and Brule River Railroad Company.
The action of the board of control was confirmed by the legislature of the State on June 7, 1881.
On February 24, 1882, the governor of Michigan certified to the completion of 20 continuous miles of the Ontonagon and Brule River Rail. road, commencing at Ontonagon and running thence southwestwardly by the way of Rockland to a point in section 10, township 50 north, range 38 west.
The question as to whether the title to the relinquished lands along the line of this road is now in the State of Michigan or in the United States, has not been fully determined.
RAILROADS IN IOWA.
SIOUX CITY AND SAINT PAUL.
The grant for this road was to the State of Iowa by act of May 12, 1861, to aid in the construction of a railroad from Sioux City, in said State, to the south line of the State of Minnesota at such point as the State might select between the Big Sioux and the West Fork of the Des Moines River, and was of every alternate section of land, designated by odd numbers, for ten sections in width on each side of said road, with a provision for indemnity for lands lost within the granted limits to be taken within 10 additional miles.
The fourth section of the act provided that if the road was not completed within ten years froin the date of the acceptance of the grant, the lands should revert to the State, for the purpose of securing the completion of the road, and if the State should not complete the road within five years from the expiration of the ten years aforesaid, then the lands should revert to the United States.
The State accepted the grant April 3, 1866, and conferred it upon the Sioux City and Saint Paul Company, and the company accepted the grant September 20, 1866.
The road was located definitely in 1867, and the line as located was 83 miles 52 rods in length.
On February 4, 1873, the governor certified to the construction of 561 miles of the road, extending from the Minnesota State line to Lemars, Lowa. No road has been constructed beyond Lemars. The area of the grant upon a basis of 82 miles of road as given in a
H. Ex. 144-2
former report of this office was 524,800 acres. The area for 564 miles of road is 360,000 acres.
There have been patented to the State for this company 407,910.21 acres, but it is understood some 85,000 acres have been withheld from the company.
This office is now in correspondence with the governor of Iowa, in pursuance of instructions from you, looking to the reinvestment of the United States with title to the lands patented to said State in excess of the quantity earned by the railroad company.
RAILROADS IN WISCONSIN.
WEST WISCONSIN, FORMERLY LA CROSSE AND MILWAUKEE, AND TOMAH AND SAINT
CROIX RAILROADS, KNOWN SINCE AUGUST 8, 1878, AS CHICAGO, SAINT PAUL AND MINNEAPOLIS RAILWAY.
By act of June 3, 1856, a grant was made to Wisconsin to aid in the construction of a railroad from Madison or Columbus, by way of Portage City, to Saint Croix River or Lake, between townships 25 and 31, of every alternate section of land for six sections in width on each side thereof. Madison was selected as the initial point, and the road was definitely located therefrom. By act of May 5, 1864, the grant was in. creased to ten sections per mile between the town of Tomah and Saint Croix Lake or River, with the usual provision for indemnity, and the time for the completion of the whole road was extended five years from that date.
By joint resolution of July 13, 1868, the time for the completion of the road from Tomah to Lake Saint Croix was extended three years, or until May 5, 1872. The road from Portage to Tomah was certified by the governor as completed January 25, 1869, and from Tomah to Lake Saint Croix April 16, 1872.
That portion of the road between Madison and Portage (39 miles) should have been completed May 5, 1869. The governor on December 16, 1874, certified to its completion in January, 1871.
The estimated area of the grant is 1,305,600 acres. The State has received 842,866 acres; of this amount 40,049.11 acres were certified for the Wisconsin Railroad Farm Mortgage Land Company, under the act of July 27, 1868 (which is amendatory of the act of June 3, 1856), but is properly chargeable against the grant.
There has been no restoration of the lands withdrawn under the act of May 5, 1864.
SAINT CROIX AND LAKE SUPERIOR RAILROAD AND BRANCH TO BAYFIELD, AFTER
WARDS THE NORTH WISCONSIN, AND NOW KNOWN AS CHICAGO, SAINT PAUL, MINNEAPOLIS AND OMAHA.
By act of June 3, 1856, there was, among others, a grant made to Wisconsin to aid in the construction of a railroad from a point on Saint Croix River or Lake to the west end of Lake Superior and to Bayfield, to be completed within ten years. By act of May 5, 1864, a new grant was made by which the old was increased from six to ten sections per mile, the time for the completion of the road extended five years from its date, and the State authorized to select a point on the main line for a junction with the Bayfield branch. The usual provision was made for indemnity, No road was constructed under the original grant. The legislature of Wisconsin, by an act approved March 4, 1874, conferred the grant for the road from Lake Saint Croix to Bayfield upon the North Wisconsin Rail
way Company, and the grant from the junetion of the Bayfield branch, as located, upon the Chicago and Northern Pacific Air Line Railway Company. No road has been built by the latter company.
The North Wisconsin company under its original name constructed 80 miles of road, and after its consolidation, on May 26, 1880, with the Chicago, Saint Paul and Minneapolis Railway, under the name of the Chicago, Saint Paul, Minneapolis and Omaha Railway Company, constructed 40 miles more, making 120 miles, all built after the expiration of the time when the road should have been completed.
The constructed road begins in the north half of the northeast quarter of section 20, township 29 north, range 19 west, and is continuous to the southeast quarter of the northwest quarter of section 18, township 43 north, range 7 west.
The estimated area of the grant is 1,408,452.69 acres. The State has received 843,497.56. The area of the grant for 120 miles (constructed road) is 768,000 acres. One hundred and six miles of the road as located are now unconstructed. The lands along the unconstructed road are still reserved from sale or entry.
WISCONSIS CENTRAL, FORMERLY PORTAGE, WINNEBAGO AND SUPERIOR.
The grant for this road was made by act of May 5, 1864, and required that the road should be completed in ten years. The original definite location by way of Ripon and Berlin to Stevens Point, and from thence to Bayfield and Superior, covering a distance of about 367 miles, was authorized by the act of June 21, 1866 (14 Stat., 360). By act of April 9, 1874, the time for the completion of the road was extended until December 31, 1876. By act of March 3, 1875, the company was authorized to straighten the line of its road between Portage Čity and Stevens Point, but it was provided that no lands south of Stevens Point, which might be found beyond 10 miles from the modified line when located, should go to the company under its grant, but such lands should revert to the United States and become part of the public domain, to be disposed of as other public lands, and that the acceptance of the provisions of the act by the company should be held to be a relinquishment of the same; and further provided that the act should not be construed as increasing the grant, or as granting to the company any lands whatever.
By straightening the line of the road between the points mentioned the length thereof was decreased about 26 miles, leaving the line as thus finally located about 341 miles long.
The estimated area of the grant for 341 miles, after making a deduction because of the proximity of the line to Lake Superior, is 1,800,000 acres. By accepting the act of March 3, 1875, the company lost between Portage City and Stevens Point about 251,680 acres. The road constructed by the company from Portage City, by way of Stevens Point, to Ashland is continuous, and is 257 miles in length. As shown in the accompanying table, 231 miles thereof were built within the life of the grant, and 26 miles were constructed after it had expired.
The area of the grant for 257 miles is 1,644,800 acres, which, decreased by the lands lost between Portage and Stevens Point, leaves 1,393,120 acres. There has been approved to the State for this road 575,844.56 . acres. No road has been constructed beyond Ashland.
The lands relinquished by the company in accepting the act of March 3, 1875, have been restored to homestead and pre-emption entry.
There has been no restoration of the lands withdrawn north of Stevens
RAILROADS IN MINNESOTA.
The act of March 3, 1857, granted to the (then) Territory of Minnesota, for the purpose of aiding in the construction of certain railroads therein specified, every alternate section of land designated by odd numbers for six sections in width on each side of each of the roads so authorized. The act provides indemnity for lands within the primary limits of the grant that were sold, pre-empted, or otherwise appropriated prior to the definite location of each road. It also provides that the lands granted to the Territory "shall be subject to the disposal of the legislature thereof, for the purpose aforesaid and no other", also
That the lands hereby granted to said Territory or future State shall be disposed of by said Territory or future State only in the manner following, that is to say: That a quantity of land not exceeding 120 sections for each of said roads and branches, and included within a continuous length of 20 miles of each of said roads and brauches, may be sold; and when the governor of said Territory or future State shall certify to the Secretary of the Interior that any 20 continuous miles of any of said roads or branches is completed, then another quantity of land hereby granted, not to exceed 120 sections for each of said roads and branches having 20 continuous miles completed as aforesaid, and included within a continuous length of 20 miles of each of such roads or branches, may be sold ; and so from time to time until said roads and branches are completed; and if any of said roads or branches is not completed within 10 years no further sale shall be made, and the lands unsold shall revert to the United States.
An act of Congress, approved March 3, 1865, increased the grant for all roads and branches provided for in the act of March 3, 1857, to ten sections per mile, enlarged the limits within which indemnity lands might be taken, provided that said indemnity lands should in all cases be indicated by the Secretary of the Interior. Said act also provided for the patenting to the State of all lands selected thereunder, to the extent of ten sections per mile, extending along and opposite sections of 10 consecutive miles (in length) as fast as constructed and the construction certified to by the governor, and that the lands granted by this and prior acts should not be disposed of in any manner, except as the same were patented under the provisions of the act. The time for the completion of the several roads and branches was extended to eight years from the passage of the act, or to March 3, 1873, and in the event of failure to so complete said roads or branches, the lands undisposed of are to revert to the United States.
The following-described roads were provided for in the act (March 3, 1857) first named:
SAINT VINCENT EXTENSION OF SAINT PAUL AND PACIFIC, FORMERLY BRANCH LINE
OF SAINT PAUL AND PACIFIC, NOW SAINT PAUL, MINNEAPOLIS AND MANITOBA.
This road was authorized by that portion of the act which provided for a “branch” (of main line Saint Paul and Pacific) “ via Saint Cloud and Crow Wing to the navigable waters of the Red River of the North, at such point as the legislature of said State may determine." The northern terminus of said branch was fixed by the legislature of said Territory at Saint Vincent. An act of Congress approved July 12, 1862, authorized a new branch line to extend northeasterly to the waters of Lake Superior, in lieu of that part of the original branch extending “north westerly from the intersection of the tenth standard parallel with the fourth guide meridian.” An act of Congress approved March 3, 1871, provided
That the Saint Paul and Pacitic Railroad Company may so alter its branch lines that instead of constructing a road from Crow Wing to Saint Vincent, and from Saint
Cloud to the waters of Lake Superior, it may locate and construct, in lieu thereof, a line from Crow Wing to Brainerd, to intersect with the Northern Pacific Railroad, and from Saint Cloud to a point of intersection with the line of the original grant at or near Otter Tail or Rush Lake, so as to form a more direct route to Saint Vincent, with the same proportional grant of lands, to be taken in the same manner along said altered lines as is provided for the present lines by existing laws.
Said act also provided for a proper release by said company of all lands along the abandoned line. By, an act approved March 3, 1873, the time for the completion of the road from Saint Cloud to Saint Vincent was extended nine months from the time limited by previous acts of Congress, or to December 3, 1873.
An act of Congress, approved June 22, 1874, extended the time for the completion to March 3, 1876, upon certain conditions to be accepted by the officers of the road before the act should become operative. Said conditions were not accepted by the company, and the act has been held by this office and the department to be inoperative.
The road was definitely located November 7, 1871, for a distance of 314 miles, between East Saint Cloud and Saint Vincent; 140 miles were constructed prior to December 3, 1873, and the remaining 174 miles December 23, 1879. It is proper to state, in this connection, that the legislature of Minnesota, by an act approved March 1, 1877, extended the time (so far as the State was concerned) for the completion of the road to January 1, 1881, upon the condition that the company should not, in any manner, directly or indirectly, become seized of any right, title, interest, claim, or demand in or to any parcel of land lying and being within the granted or indemnity limits of the road, to which legal title had not been perfected in the company, upon which any person or persons had, in good faith, settled or acquired valuable improvements thereon prior to the passage of the act. Acceptance of the provisions of the act by the company was to be considered as a relinquishment of all the lands, to the extent of not to exceed 160 acres for each settler, 80 occupied by actual settlers. I have not been advised of the acceptance of the provision of said act by the company. Up to the present time 1,174,330.03 acres have been patented to the State for the benefit of the road. No portion of said amount (lands) was patented in advance of the construction of 10 miles opposite thereto. The whole road has been accepted by the department. (See Secretary's decision, June 10, 1880, General Land Office Report for that year, page 124.)
WESTERX RAILROAD, FORMERLY BRAINERD BRANCH SAINT PAUL AND PACIFIC.
This road was authorized by that portion of the act providing for a ** branch” (of main line Saint Paul and Pacific)“ via Saint Cloud and Crow Wing, to the navigable waters of the Red River of the North, at such point as the legislature of said State may determine," and embraced that portion of the original Saint Vincent branch located from near Saint Cloud (Watab) to Crow Wing, together with a “line from Crow Wing to Brainerd to intersect with he Northern Paictic Railroad," authorized by the act of March 3, 1871, which also provided for tbe same proportional grant of lands, to be taken in the same manner as provided in the acts of March 3, 1857, and March 3, 1865, as above quoted. The act of March 3, 1873, extended the time for the completion of the road until December 3, 1873.
The act of June 22, 1874, referred to in connection with the Srint Vincent road, also applied to the Western Railroad, but is inoperative for the same reason as stated in said connection. The act of the legislature of Minnesota approved March 1,1877, and above referred to, also em