The Hood River Glacier, Hood River, OR., June 7, 1906, page 6
N.P. SETTLERS MAY TAKE LIEU LAND
Settlers who have taken up the land in Klickitat county upon the old Northern
Pacific grants, secured under conditions of building the branch line from
Ainsworth to Tacoma and the main line from Wallula to Portland, will not be
compelled to surrender their present holdings under the latest instructions from
the acting commissioner transmitted to Register Gillis, says a Walla Walla
dispatch. The settlers are given the option of electing to retain the lands
entered upon, or to surrender them and take lieu land instead.
The overlap of the railroad grants and the subsequent
rulings, reversals and supreme court decisions served to completely mix the
titles and claims and the tangles have resulted in the new instructions, given
as follows:
“The land herein described are within the primary
limits of the grant of the Northern Pacific Railroad company for the constructed
branch line for its road between Ainsworth and Tacoma and was listed by the
company on account of the grants July 27, 1887. These lands are also within the
withdrawal on general grants for the unconstructed main line between Wallula,
Wash., and Portland under the forfeiture act of September 29, 1890, for the
reason the listing therefore was canceled by letter “F” on June 23, 1893.
“On April 25, 1905, the secretary of the interior
issued instructions in this class of cases which are to the effect that in the
adjustment of the grant to the said company within the overlap in question, the
company must be credited for the full amount of the odd-numbered sections within
the primary limits and such said sections as were disposed of under the former
ruling that the company was entitled to a moiety of said lands and are to be
listed for relenquishment by the company under the provisions of the company act
of July 1, 1898.
“Now, therefore, the homestead claims described,
appearing to come within the provisions of the said act, you are hereby
instructed to notify each entryman, or his transferee, if any, that he will be
allowed 60 days after notice within which to elect to retain the land covered by
his entry, or to relinquish the same and take other lands in lieu therefore in
matter and formed prescribed by office circular of February 14, 1899, issued
under said act, and that should he fail to file his formal election after due
notice, such failure would be covered by his entry, in which event the lands
will be listed for relinquishment by the company without further notice of the
claimants.”