Rensselaer Union, Volume 10, Number 52, Rensselaer, Jasper County, 12 September 1878 — Sec’y Schurz Adheres to His Former Railroad Land Decision. [ARTICLE]

Sec’y Schurz Adheres to His Former Railroad Land Decision.

A Washington telegram of the 8d gives the following synopsis of Sec’y Scliurz’ supplementary decision in the land-grant railroad question: The Secretary of the Interior to-day rendered an additional decision to the Commissioner of the General Land Office in the wellknown Dudvmott case. An appeal was taken for the reversal or suspension of the former decision. Sec’y Schurz declines to do either, and the former decision, by which large tracts of land, covered by land-grants to railroads, were opened to settlement. Is to stand, unless reversed by a decision of the courts. Immense numbers of applications have been made to enter lands under the former decision. It U. expected the railroads will take immediate steps to appeal to the courta. * Sec’y Schurz says it has been from the earliest history of this Government one of the most Important and benedcieut principles governing its land policy not to favor the creation of large estates, but to put the public lands at such rates and in such quantities within the easiest possible reach of the poor and homeless that the latter might acquire homes for themselves and their families, and thereby promote the healthy development of the agricultural resources of the country. This principle has evidently been kept in view bv the law-making power when aiding the construction of national highways by extensive grants of land, and In accordance with it it was wisely provided in this grant that, unless the lands granted were sold by the companies within a reasonable time, they should be opened to actual settlement under the auspices of the Government of the United States, and under the provisions of the Pre-emption law, so that they might be acquired and settled upon by persons of limited means, while the proceeds of such sales are to be turned over to the companies. I am, therefore, of the opinion that an actnal sale to a bona fide purchaser for a valuable consideration within the time limited Is the only disposition which it was Intended by Congress should exempt any of said lands from sale under the Pre-emption law.

Counsel have filed copies of certain mortgages (called deeds of trust) executed by said companies to secure the payment of a bonded obligation of the same. Counsel urge that the execution and delivery of these mortgages was in effect a sale and conveyance of a legal title of the companies to all lands inuring to them under such grant. For the purpose of determining the question thus presented, it becomes necessary not only to fix the character of the instruments executed by said companies, but also to ascertain whether a legal title to the lands therein described was t>y said instruments conveyed to the Trustees therein named. After quoting various prominent legal opinions on the subject of mortgages, to the general effect that a mortgage is mere security and does not vest in the mortgagee any estate in land, either before or alter the condition broken, and that payment after default operates to discharge the lien equally with payment at maturity of the debt, the Secretary expresses the opinion that the mortgages in the several States and Territories in which land granted by the act of duly, 1863, and the act amendatory thereof of July 3, 1864, are located, are not a transfer of the legal title, but simply a pledge, a security, a lien thereon, and that no estate is by such instrument vested in the mortgagee, either before or after the condition is broken. In each and every one of the mortgages presented in this case the title as well as the rights of sale and disposition of the lands therein described, is retained in the companies, the Trustees indorsing the mortgage with the full knowledge of the limitations Of the right and authority of the companies to make the same. While the companies by the terms of the mortgages had the right to sell and dispose of the lands, the Trustees were to receive the proceeds of ail sales of lands made. The right of the companies to sell landshaving ceased by virtue of the third section of the net of July 1, 1863, the security of the mortgagees will be subrogated by moneys arising from sales when made by the Government. In concluding, the Secretary says: “After full consideration, I am unable to find any reason for the suspension of my decision of July 33,1878, and you will, therefore, without unnecessary delay, cause directions to be issued to the local officers as therein direct ed.’

The Vicksburg Commercial is reliably informed that in the City of Wilmington, N. C., before the war, there were a number of turpentine factories, amd that during the time that these factories were in operation yellow fever was unknown. During the war, while these factories were inactive, yellow fever was a frequent visitor at Wilmington. At the close of the war these factories were again put in operation, and since that time no epidemic has ever attacked that place. —ln a recent divorce case at Norwich, Conn., it was shown that the young wife got drunk a day or two after the wedding, and remained so for three months. The divorce was granted. A shock of wheat doesn’t cause as much damage as a shock Qf earthquake, ' * , 'r : A