Show RAILROAD LOSES BIG LAND CASE Washington Jn Jan 7 In the United States supreme court today opinions were handed down by Justice Harian Harlan in several cases involving the question whether it was competent for the secre secretary secretary tary of the interior upon receiving ami approving the map of definite location of the Northern Pacific road in the states slates of North Dakota and Washing Washington ton to make an order withdrawing from settlement odd numbered sections of the lands within the indemnity limits The test tet case in the list came from f coin North Dakota the title being Fred Hewitt plaintiff in error versus Emil EmilId Id Fredericks The land In question was settled upon by Hewitt in 1882 but his hie proof of settlement was rejected on th round that the land had been withdrawn In is 1878 by the see sec secretary rotary of the Interior an as within the limits of the Northern Pacific indemnity The then sold soki the land to Schultz and his wife the they entered upon possession of it Hewitt immediately began proceedings to recover the Rind and de elision which is final was in his favor avor reversing the supreme court of North Dakota The decision of the court supported the holding of Secretary Vilas ren rendered dared dered In IMS 1818 which decision has bias since been followed by the Interior depart department mont ment The court stated that while it was true that previous to that date the department had pursued the opposite course still the department had con consistently held forth to Its findings since that time At best therefore Justice Harian Harlan said the contention of the rail railroad railroad road people was wag one of doubt Many titles have been acquired said he since Mr Vitas Vilas opinion was rendered and the court did not think the secretary should be reversed The opinion s neM The rhe practice of the land department if wrong at all cannot be said to be so plainly wrong M as to Justify the court alter after the lapse of so many years in ad adjudging adJudging judging that it had misconstrued the act of July 2 The order of with withdrawal withdrawal by the secretary upon which the title of the railroad company de depends depend pend being out of the way there was no ground to question the title of plaintiffs plain plaintiffs tiffs to the land In dispute Justices Brewer and Shires united in a dissenting opinion The decision affects affect a large number of land entries |