railroad not now constructed and in operation, and declares the lands forfeited to be a part of the public domain, excepting, however, from the forfeiture the right of way and station grounds heretofore granted. The second section provides that all persons, who, at the date of the passage of this act, are actual settlers in good faith on any of the lands forfeited, and are otherwise qualified, on making due claim on said lands under the homestead law within six months after the passage of this act, shall be entitled to a preference right to enter the same under the provisions of the homestead law and this act, and shall be regarded as actual settlers from the date of actual settlement or occupation.

It is clear that this clause of the section allows the actual settler, if qualified, to make a homestead entry of the tract upon which he had made settlement, and this as a preference right to be exercised within six months after the passage of the act.

It is further provided by said section that any person who has not heretofore had the benefit of the homestead or pre-emption law, or who has failed from any cause to perfect the title to a tract of land heretofore entered by him under either of said laws, may make a second homestead entry under the provisions of this act.

The language of this clause of the section authorizing "a second homestead entry " refers only to those persons who have heretofore made a homestead entry, but failed from any cause to perfect the same.

In other words, the object of this clause is to allow any one qualified, who had not theretofore secured a piece of land under the homestead law, to obtain a tract of these forfeited lands under that law, and at the same time to take these lands out of the operation of the pre-emption laws.

No pre-emption entry will, therefore, be permitted for these lands, and applicants under the homestead laws will be required to make oath that they have not heretofore secured a piece of land under the homestead law, and if an entry has been made under said law that was not for any reason perfected, the facts in relation thereto should be fully set forth.

The third section provides: That in all cases where persons, being citizens of the United States, or who have declared their intention to become such, in accordance with the naturalization laws of the United States, are in possession of any of the lands affected by any such grant, and hereby resumed by and restored to the United States, under deed, written contract with, or license from, the State or corporation to which such grant was made, or its assignees, executed prior to January first, eighteen hundred and eighty-eight, or where persons may have settled said lands with bona-fide intent to secure title thereto by purchase from the State or corporation, when earned by compliance with the conditions or requirements of the granting acts of Congress, they shall be entitled to purchase the same from the United States, in quantities not exceeding three hundred and twenty acres to any one such person,

at the rate of one dollar and twenty-five cents per acre, at any time within two years from the passage of this act, and on making said payment to receive patents therefor; and where any such person in actual possession of any such lands, and having improved the same, prior to the first day of January, eighteen hundred and ninety, under deed, written contract, or license as aforesaid, or his assignor, has made partial or full payments to said railroad company prior to said date, on account of the purchase price of said lands from it, on proof of the amount of such payments he shall be entitled to have the same, to the extent and amount of one dollar and twenty-five cents per acre, if so much has been paid, and not more, credited to him on account of and as part of the purchase price herein provided to be paid the United States for said lands, or such persons may elect to abandon their purchases and make claim on said lands under the homestead law, and as provided in the preceding section of this act.

Where parties, persons and corporations, with the permission of such States or corporations, or their assigns, are in possession of, and have made improvements upon, any of the lands resumed and restored, and are not entitled to enter the same under the provisions of this act, such parties, persons, or corporations, shall have six months in which to remove any growing crops, buildings and other movable improvements from said lands.

It is provided that the right of purchase granted by this section shall not apply to any lands situated in the State of Iowa, on which any person in good faith has made, or asserted the right to make, a pre-emption or homestead settlement.

All the roads situated within said State have been constructed, except the portion of the Sioux City and St. Paul Railroad between Le Mars and Sioux City.

The grant for this company was made the subject of departmental decision of July 26, 1887 (6 L. D., 47), and a portion of the lands south of Le Mars was by said decision directed to be restored; but, as far as the same are opposite unconstructed road, they will come under the provisions of this act.

An applicant for purchase, under this section, of lands in lowa, will, therefore, be required to show that no person has in good faith asserted the right to make a pre-emption or homestead settlement upon the land sought to be purchased.

Further provision is made that nothing in this act shall be construed as limiting the rights granted to purchasers or settlers by the act of March 3, 1887, providing for the adjustment of land grants made by Congress to aid in the construction of railroads, nor as in any manner affecting any cause of action existing in favor of any purchaser against his grantor for breach of any covenants of title.

The fourth section merely repeals certain sections in acts making grants to aid in the construction of certain railroads, in so far as said sections require the Secretary of the Interior to reserve lands within

the indemnity limits of such grants. This section does not restore the indemnity lands, but removes any obstacle to the restoration by the Department, and steps will be taken at once to secure a speedy restoration of any such lands now withdrawn and not included in pending selections.

The fifth section provides: That if it shall be found that any lands heretofore granted to the Northern Pacific Railroad Company, and so resumed by the United States and restored to the public domain, lie north of the line known as the "Harrison line," being a line drawn from Wallula, Washington, easterly to the southeast corner of the northeast one-fourth of the southeast quarter of section twenty-seven, in township seven north, of range thirty-seven east, of the Willamette meridian, all persons who had acquired in good faith the title of the Northern Pacific Railroad Company to any portion of said lands prior to July first, eighteen hundred and eighty-five, or who at said date were in possession of any portion of said lands or had improved the same, claiming the same under written contract with said company, executed in good faith, or their heirs or assigns, as the case may be, shall be entitled to purchase the lands so acquired, possessed, or improved, from the United States, at any time prior to the expiration of one year after it shall be finally determined that such lands are restored to the public domain by the provisions of this act, at the rate of two dollars and fifty cents per acre, and to receive patents therefor upon proof before the proper land office of the fact of such acquisition, possession, or improvement, and payment therefor, without limitation as to quantity.

Having determined that the terminal originally established upon the Northern Pacific Railroad as constructed to Wallula, Washington, properly separates the lands earned by the construction of the road to that point, from those forfeited by the first section of this act, this section will have immediate application upon the promulgation of these instructions.

This section also confirms to the city of Portland, in the State of Oregon, the right of way and riparian rights heretofore attempted to be conveyed to the city of Portland by the Northern Pacific Railroad Company, to a strip of land fifty feet in width, through certain described sections.

The sixth section provides that no lands forfeited by this act shall inure to the benefit of any State or corporation, to which lands may have been granted by Congress, except as provided by this act, nor shall the act be construed to enlarge the area of land originally covered by any such grant, or to confer any right upon any State, corporation, or persons, to lands which were excepted from such grant.

Provision is also made against the moiety, in conflicting limits of grants for a main and branch line, appertaining to unconstructed road and forfeited by this act, inuring to the benefit of the completed line.

Section seven relates specially to the grant to the State of Mississippi, to aid in the construction of the road known as the Gulf and Ship Island Railroad, and, upon the condition that said company, within ninety days from the passage of this act, shall accept the provisions of this act, and file with the Secretary of the Interior a valid relinquishment of all said company's interest, right, title, and claim, in and to all such lands as have been sold by the officers of the United States for cash, or with the allowance or approval of such officers, have entered in good faith under the pre-emption or homestead laws, or upon which there were bona fide pre emption or homestead claims on the first day of January, eighteen hundred and ninety, arising or asserted by actual occupation of the land under color of the laws of the United States, then the forfeiture declared in the first section shall not, until one year after the passage of this act, apply to or in anywise affect so much and such parts of said grant as lie south of a line drawn east and west through the point where the Gulf and Ship Island Railroad may cross the New Orleans and Northeastern Railroad in said State.

Other lands, in lieu of those relinquished south of said point, may be selected within the indemnity limits of the original grant, nearest to and opposite such part of the line as may be constructed at the date of selection.

Special instructions under this section will be given to the proper officers, when the point of crossing provided for shall have been determined and those lands upon which the act has immediate application are formally restored.

Section eight makes special provision in relation to the grant for the Mobile and Girard Railroad Company of Alabama, and as the questions involved are peculiar and will require some consideration, instructions thereunder will not be issued at present.

Very respectfully,

Approved:

JOHN W. NOBLE,

LEWIS A. GROFF,

Commissioner.

Secretary.

AN ACT to forfeit certain lands here tofore granted for the purpose of aiding in the construction of railroads, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby forfeited to the United States, and the United States hereby resumes the title thereto, all lands heretofore granted to any State or to any corporation to aid in the construction of a railroad opposite to and coterminous with the portion of any such railroad not now completed, and in operation, for the construction or benefit of which such lands were granted; and all such lands are declared to be a part of the public domain: Provided, That this act shall not be construed as forfeiting the right of way or station grounds of any railroad company heretofore granted.

SEC. 2. That all persons who, at the date of the passage of this act, are actual settlers in good faith on any of the lands hereby forfeited and are otherwise qualified, on making due claim on said lands under the homestead law within six months after the passage of this act, shall be entitled to a preference right to enter the same under the provisions of the homestead law and this act, and shall be regarded as such actual settlers from the date of actual settlement or occupation; and any person who has not heretofore had the benefit of the homestead or pre-emption law, or who has failed from any cause to perfect the title to a tract of land heretofore entered by him under either of said laws, may make a second homestead entry under the provisions of this act. The Secretary of the Interior shall make such rules as will secure to such actual settlers these rights.

SEC. 3. That in all cases where persons being citizens of the United States, or who have declared their intentions to become such, in accordance with the naturalization laws of the United States, are in possession of any of the lands affected by any such grant and hereby resumed by and restored to the United States, under deed, written contract with, or license from, the State or corporation to which such grant was made, or its assignees, executed prior to January first, eighteen hundred and eighty-eight, or where persons may have settled said lands with bona fide intent to secure title thereto by purchase from the State or corporation when earned by compliance with the conditions or requirements of the granting acts of Congress they shall be entitled to purchase the same from the United States, in quantities not exceeding three hundred and twenty acres to any one such person, at the rate of one dollar and twentyfive cents per acre, at any time within two years from the passage of this act, and on making said payment to receive patents therefor, and where any such person in actual possession of any such lands and having improved the same prior to the first day of January, eighteen hundred and ninety, under deed, written contract, or license as aforesaid, or his assignor, has made partial or full payments to said railroad company prior to said date, on account of the purchase price of said lands from it, on proof of the amount of such payments he shall be entitled to have the same, to the extent and amount of one dollar and twenty-five cents per acre, if so much has been paid, and not more, credited to him on account of and as part of the purchase price herein provided to be paid the United States for said lands, or such persons may elect to abandon their purchases and make claim on said lands under the homestead law and as provided in the preceding section of this act: Provided, That in all cases where parties, persons, or corporations, with the permission of such State or corporation, or its assignees, are in the possession of and have made improvements upon any of the lands hereby resumed and restored, and are not entitled to enter the same under the provisions of this act, such parties, persons, or corporations shall have six months in which to remove any growing crop, and within which time they shall also be entitled to remove all buildings and other movable improvements from said lands: Provided further, That the provisions of this section shall not apply to any lands situate in the State of Iowa on which any person in good faith has made or asserted the right to make a pre-emption or homestead settlement: And provided further, That nothing in this act contained shall be construed as limiting the rights granted to purchasers or settlers by "An act to provide for the adjustment of land grants made by Congress to aid in the construction of railroads and for the forfeiture of unearned lands, and for other purposes," approved March third, eighteen hundred and eighty-seven, or as repealing, altering, or amending said act, nor as in any manner affecting any cause of action existing in favor of any purchaser against his grantor for breach of any covenants of title.

SEC. 4. That section five of an act entitled "An act for a grant of lands to the State of Iowa in alternate sections to aid in the construction of a railroad in said State," approved May seventeenth, eighteen hundred and sixty-four, and section seven of an act entitled "An act extending the time for the completion of certain land-grant railroads in the States of Minnesota and Iowa, and for other purposes," approved March third, eighteen hundred and sixty-five, and also section five of an act entitled "An act mak