Page:U.S. Department of the Interior Annual Report 1873.djvu/50

730 been adjusted in connection with other branches of business. This resulted in complications and delays which are obviated by the new arrangement.

The examination of settlers' claims in conflict with those of railroad companies forms a. large part of the business of the new division. Under the ruling of the Department made in 1871, known as the Boyd decision, this class of claims is largely increased.

By the former practice of treating all reversions of alternate sections within railroad limits as inuring to railroads, the only question relating to settlement likely to arise was determined lay the date of its inception. If the settlement was made prior to withdrawl, and the requirements of the preemption law had been complied with, the claimant was permitted to acquire title. Upon his abandonment, at any period, of his right, the land passed to the use of the grant.

But since that decision the adjustment is no longer narrowed to the question of the right of the first settler or homestead claimant, to consummate title. The time when the right of the railroad attached must be ascertained and the right of the parties is to be determined by the exact status of the land at that time. If the party originating the claim still holds the right to consummate title, he is permitted to make an entry. If, however, he abandoned his claim prior to the time the railroad right attached, the lands are awarded to the railroad when it fully complies with the conditions of the grant. If the abandonment was subsequent to such time the land reverts to the United States and is again subject to appropriation under the preemption and homestead awe.

Hearings for the investigation of these conflicting claims have accordirgly been ordered, and trials are in constant progress before district officers for their settlement. Upward of eleven hundred cases of conflict have been entered upon the dockets of this Office, of which about one-half have been decided during the year, and about one hundred have been examined and remanded for further hearing, the testimony not being sufficiently explicit to justify an award.

The Supreme Court of the United States, at the late December term, decided, in the case of the Kansas Pacific Railway Company vs. John H. Prescott, that the requirement of the act of July 2, 1864, providing for the payment of the costs of survey, extends to the lands granted by act of July 1, 1862, within ten miles of the Pacific Railroad and branches. Modified instructions to meet this construction of the law have been issued.

During the fiscal year ending June 30, 1873, 6,083,536 acres of land have been certified for railroad purposes, an increase over the amount certified the previous year of 2,528,649 acres.

The records of the Office show an aggregate construction of two thousand two hundred and seventy-eight miles of road, distributed as follows: in Michigan, one hundred and eighty-six miles; Wisconsin eighty-nine miles; Iowa, fifty miles; Minnesota, seven-hundred and twelve miles; Missouri, ninety-seven miles; Kansas, four hundred and sixty-four miles; Arkansas, two hundred and forty miles; California, forty miles; Colorado, two hundred and forty-five miles; Indian Territory, one hundred and fifty five miles; total as above, two thousand two hundred and seventy-eight miles.

Portions of the roads included in the foregoing report of construction were actually completed prior to the commencement of the last fiscal year. This report will be understood as referring more particularly to the official record of construction, and to the acceptance by the proper