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Show A Settler Wins His Rights. Washington, December 24. In the case of William J. Hamilton vs. the Northern Pacific Pa-cific Railroad Company, involving the claim of a settler to a tract of land within the limits of the grant, which wag resisted by the company-on a technical ground respecting the original' settler's qualifications as a pre-emptor, Commissioner Sparks holds that the settlement claim is proven by occupation and improvement, although al-though not placed on record, excepts the land from withdrawal, and that the railroad rail-road company cannot be held to attack settler's set-tler's qualifications or compliance with the laws under the public land law of the United States. The principle of this decision is that the lands occupied by actual settlers, as well as lands held under claims of record, are exoepted from railroad grants and withdrawal, with-drawal, and being so excepted -at the proper time "would not pass to the railroad,, even if the settlement claim should afterwards prove to be in any manner defective as against the United States. Commissioner Sparks further holds that the question would" then be between the original or subsequent settler, set-tler, as the case might be, and the Government, Govern-ment, and can never be made a question between be-tween the settler and the railroad company. In other words, that land grants to railroads cannot pursue settlers and challenge the validity va-lidity of their claims as against the United States. : |
