Copp's land owner Volume 10 - Softcover

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 Excerpt: ...to Commissioner McFarland, September 14, 1883. (F. L. C.) I have considered the application, filed in this Department on the llth inst., by Messrs. Curtis and Burdett, attorneys for the St. Paul, Minneapolis and Manitoba Railroad Company, for an order instructing you to certify up for my consideration and direction the proceedings had in your office relative to certain pending homestead applications. The lands involved are, as appears from the petition, the S. E. of S. W. £, the S. E.J,and lots 2,3,4,5,6,10,11,12, and 13, of Section 19, township 150, range 45, Crookston,Minnesota; and the homestead applicants are Albert, Alexander and Joseph Beaudette, respectively. It appears that the lands are within the indemnity limits of the grant to the railroad, the line of which, opposite said tracts, was definitely located in 1871, and the lands were withdrawn from market in 1872. The homestead claimants allege settlement in 1876. The company opposes their applications on the ground that they are in conflict with its selections made January 17, 1880. You, on the first of August last, ordered a hearing to determine the date or dates of settlement by the respective applicants, and held that if their settlement was prior to the passage of the act of the Legislature of the State of Minnesota, of March 1, 1877, the tracts covered by their applications were by said act of the Legislature, excepted from the graai. From your decision the railroad company appealed, setting forth as one of the reasons for the appeal, that you erred in ordering a hearing. You declined to recognize the right of appeal on the ground that the ordering of hearings is a matter within the discretion of your office, and from which appeals do not properly lie. Hence this application for certiora...