Monopolies -- United States; Railroads and state -- United States
different amendments, and learn the duties of the secretary of the
interior respecting their construction and the issuing of bonds and land
certificates, and he will conclude that the secretary was ignorant of
what the law made it his duty to know--that he was inexcusably negligent
in the discharge of his duty, or what is most probable, that the same
potent influences that controlled congress in aiding these companies,
found their way successfully to the chief parlor of the interior
department. Without the secretary's approval of the companies' work and
accounts, they could not possibly have committed such gross frauds upon
the government.
If additional proof of the fact that the secretary of the interior was
influenced by, and used his official position to assist the railroad
corporations, in the raids upon the treasury, was needed, we have it in
his action relative to the homestead and pre-emption rights of settlers
upon the public lands, within the limits fixed by congress for the
selection of lands by the different railroad companies. In all cases
where lands have been granted to railroad companies, lands to which
pre-emption rights attached at the time the line of the road was fixed
have been saved to the pre-emption and homestead claimants. In many
instances the railroad companies have not been able to find, within the
limits fixed, the amount of lands granted to them belonging to the
government. This has caused them to make war upon pre-emption and
homestead claimants. If these claimants could be forced from their
lands, some millions of acres would be thus seized by, and allowed to,
the railroad companies. The practice of going upon the public land
under the pre-emption and homestead acts had become so common, that
these claims had been recognized by the public and the government as
vesting in the claimant a title, which could only be defeated by his
failure to comply with the provisions of the law respecting the
perfection of his title. No one, save where two or more pre-emption
claimants were contending for the same tract, could interfere; nor is
there any provision of statute by which railroad companies can call in
question the pre-emption or homestead right. In the absence of any
contest between pre-emptors, the claimant has only to show a substantial
compliance with the law, pay the required amount, and obtain his title.
So, also, in regard to homestead rights. Nor did any difficulty arise
until railroad companies began to interfere. The acts granting lands to
railroad companies made no provision for the selection by them of lands
held by pre-emption or homestead claimants at the time the lines of
their roads were fixed, and subsequently abandoned. The companies
applied to the secretary of the interior, and procured from him a
construction of the statutes, giving them the right to select as
railroad lands all such so abandoned. This was the first decision in
their favor, and committed the secretary to their interest.
Public-domain text, read in full here on John Shaqi.
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