Monopolies -- United States; Railroads and state -- United States
A war upon pre-emption and homestead claimants was begun, and the
representation to the department that a claimant had abandoned his claim
was sure to pass the title to one hundred and sixty acres to the
company. But something more must be done to get hold of the claimed
land. The question as to the regularity and validity of the settler's
claim is raised by the companies, and then they apply again to the
secretary of the interior. While the statute respects and protects the
occupancy and rights of the claimant, the secretary, to aid the railroad
companies, interpolates the word, "valid," and holds that if the claim
is invalid, the railroad companies can drive off the claimant and take
his land. The action of the department gave the companies an advantage
over the claimant which was almost equivalent to the destruction of his
claim. Many claimants became alarmed, and did just what the companies
desired,--they abandoned their claims to their oppressors, and the
companies made large gains. But the claimants were not yet entirely in
the power of their oppressors, and resort is again had to the
department, and the settlers are placed entirely at the mercy of these
monopolies. The interior department issued an order under date of June
22, 1872, allowing railroad companies to contest the right of
pre-emption and homestead claimants to their quarter-sections. While the
act of congress absolutely prohibited railroad companies from
interfering with the rights of these claimants, the interior department,
in the interest of these giant monopolies, in violation of the statute,
by interpolation and a forced construction of the law, allowed these
corporations to appear and dispute the claim of the poor pioneer who had
gone in advance of railroads, and pre-empted a small tract of land for a
home for his family, before the company disputing his right was
organized, or had thought of locating a railroad in his vicinity. The
pre-emption and homestead laws were passed for the benefit of the actual
settlers of the country. If they get their lands, they pay the
government the price fixed by law; but if the railroad companies get
these lands, they aid in building up and strengthening a monopoly
already too great for the welfare of the country. The department having
lent its powerful aid to this monopoly, and, by unjust rulings,
interpolations, and decisions, assisted in turning these poor men adrift
and depriving them of their lands and years of toil, already more than
one million of acres that of right, and under the law, properly
interpreted and administered, would have belonged to actual settlers,
have become the property of these railroad companies. Claimants are
becoming alarmed at the action of the department, and are leaving their
lands, choosing to lose their claims and the years of toil expended upon
them, rather than defend against these companies, backed by the
department.
Public-domain text, read in full here on John Shaqi.
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