NTERIOR LETTER FROM THE ACTING SECRETARY OF THE INTERIOR AN CROFT Digitized by the Internet Archive in 2007 with funding from IVIicrosoft Corporation http://www.archive.org/details/fromactingletterOOunitrich EDWARD W. NOLAN i Ex. Doc Ut Session. i \ No. 126. 49th Congress, ^ SENATE. i Ex. Doc. LETTER FROM THE ACTING SECRETARY OF THE INTERIOR, TRANSMITTING. In response to Senate resolution February 23, 1886, a report of the Com- missioner of the General Land Office, relative to the lands granted to the Northern Pacific Railroad Company. April 20, 1886, — Laid on the table and ordered to be printed. Department of the Interior, Washington, April 17, 1886. Sir : I have the honor to acknowledge the receipt of Senate resolu- tion of February 23, 1886, as follows : That the Secretary of the Interior be directed to furnish the Senate with copies of all official correspondence to the Interior Department with the Northern Pacific Rail- road Company, its officers and agents, concerning the payment by said company of the cost of selecting, surveying, and conveying or patenting of lands granted to said com- pany by act of Congress to aid in the construction of its road, together with a state- ment of the approximate amount of lands to which said company claims to have be- come entitled by reason of the construction and approval of sections of its road, the amount of lands heretofore surveyed within the limits of said grant, the number of acres of land in place and of indemnity lands which have been selected by the com- pany and for which lists have been filed in the local land office and transmitted to the General Land Office for approval, the date when each list was received at the General Land Office and the number of acres contained in each list, the number of lists ap- proved by the Secretary of. the Interior and the date of such approval ; the number of acres patented to said company and the dates of such patents ; the number of acres for which the cost of surveying has been paid by said company, the number of acres for which the cost of selecting and listing has been paid by said company, and the number of acres for which the cost of patenting has been paid by said company, whether or not any patents are ready for delivery to said company, and whether the company has been notified of the same, and whether said company has, at any time, refused, after being notified of the approval of an 5^ certified list of selected lands and of the cost of the survey thereof, and of the readiness to issue said patents, to pay the cost of said survey and patent, and, if so, when. Said resolution was on February 25 referred to the Commissioner of the General Land Office for report, a copy of which, dated the 14th in- stant, with its inclosures, is herewith transmitted, and will furnish the information called for. Very respectfully, H. L. MULDROW, Acting Secretary. The President pro tempore of the Senate. Z NOKTHERN PACIFIC RAILROAD COMPANY. Department of the Intirior, General Land Office, Washington, J). C, April 14, 1886. Sir: Iain in receipt, tbrough reference by the Department on the 25th February last for report, of Senate resolution, passed tlie 23d Feb- ruary, directing the Secretary of the Interior to furnish the Senate with: (1) Copies of all ofiScial correspondence of the Interior Department with the North- ern Pacitic Railroad Company, its officers and agents, concerning the payment by said company of the cost of selecting, surveying, and conveying or patenting of lands granted to said company by act of Congress to, aid in the construction of its road. (2) A statement of the approximate amount of lands to which said company claims to have become entitled by reason of the construction and approval of sections of its road. (3) The amount of lands heretofore surveyed within the limits of said grant. (4) The number of acres of land in place and of indemnity lands which have been selected by the company and for which lists have been filed in the local land office and transmitted to the General Land Office for approval, the date when each list was received at the General Land Office, and the number of acres contained in each listi (5) The number of lists approved by the Secretary of the Interior and the date o such approval. (6) The number of acres patented to said company and the dates of such patents. (7) The number of acres for which the cost of surveying has been paid by said company. (8) The number of acres for which the cost of selecting and listing has been paid by said company. (9) The number of acres for which the cost of patenting has been paid by said com- pany. (10) Whether or not patents are ready for delivery to said company, and whether the company has been notified of the same. (11) Whether said company has at any time refused after being notified of the ap- proval of any certified list of selected lands and of the cost of the survey thereof, and of the readiness to issue said patents, to pay the cost of said survey and patent, and if so, when. In reply, I have to report as follows, answering the several inquiries in the order hereinbefore set forth : (1) I transmit copies of all correspondence on tile or of record in this office between the office and the officers and agents of the Northern Pacific Eailroad Company concerning the payment by said company of the cost of selecting, surveying, and conveying the lands granted to it by act of June 2, 1864. The papers transmitted are fully described in the schedule herewith marked A. (2) Said company claims, by reason of the construction and accept- ance of the several sections of its road, to have become entitled to forty sections per mile whenever the road is located in a Territory and twenty sections per mile when it passes through a State, and that if there is not within its granted and indemnity limits in any State or Territory the amount claimed to have been granted to aid in the construction of its road in such State or Territory, that it is entitled to make up the defi- ciency from its indemnity limits In any other State or Territory. Said company has constructed 2,021.38 miles of its road, all of which has been accepted by the President. Of the road so constructed 351.80 miles are within the States of Wisconsin, Minnesota, and Oregon, and 1,669.58 miles within the Territories of Dakota, Montana, Idaho, and Washington. If the company's claims were tenable, it would be entitled, by reason of the construction of its road through the States named, to 4,503,040 acres, and to 42,741,248 acres for its road through the Territories, or 47,244,288 acres in all. This office, however, does not admit that the whole of said 2,021 miles is land-grant roa'd. On January 12, 1886, I held, in the case of Donald McKae vs. Northern Pacific Railroad Company, that the joint resolu- I I NORTHERN PACIFIC RAILROAD COMPANY. ^Uh 3 tion of May 31, 1870 (16 Stat., 378), did not make a grant of lands to said company to aid in the construction of its road between Portland, Greg., and Tacoma, Wash. The length of the road between said points is 142.40 miles, of which 30.30 miles are in the State of Oregon and 106.10 miles in the Territory of Washington, and should said decision be sustained tiie amount claimed as above set forth would have to be reduced by 3,200,800 acres. While no decision has been made as to the quandty or volume of the grant, it is, in my judgment, what is known as a grant in x)lace, i. c, a grant of the odd-numbered sections within 20 or 4(» miles of the road, as the case may be, with the right to supply from the indemnity limits such deficiencies as may exist in the grant by reason of sales, pre-emp- tions, &c., prior to the location of the road j but should no land be found in place no indemnity can be allowed. Neither is the company, in my opinion, entitled to indemnity for all losses which it may sustain in its granted limits. The joint resolution of May 31, 1870, as understood by me, restricts the right of indemnity to losses which occurred between the date of the grant and the location of the road, and the selection in satisfaction of such right to the particular State or Territory in which the loss occurred. Waiving all question of forfeiture which ,has arisen by reason of the failure of the company to locate and construct its road within the time 8i)eciiied in the granting act, an adjustment on the basis last described would result in a very large reduction from the full quantity stated above, but as no adjustment has been made, I am unable at this time to give the amount of such reduction. (3) The amount of land surveyed within the 20 and 40 miles limits of the withdrawal for said road is established at about 21,732,542 acres, distributed as follows : Acrea. Wisconsin 785,482 Minnesota 2, 837, 060 Dakota 5,561,200 Montana 3,569,650 Idaho 70,007 Washington 7,370,818 Oregon 1,538,325 Total 21,732,542 (4) I transmit herewith (marked B) a tabular statement showing the number of acres in place and of indemnity lands selected by said com- pany ; the date of the approval of each list by the local land officers; the date of the receipt of each list at this office ; the number of acres contained in each list; the number of acres selected each year in each of the several States and Territories in which the grant is situated, and the total number of acres selected each year. An examination of said statement shows that said company has se- lected 7,903,026.25 acres within its granted limits, and 3,343,395.07 acres of indemnity lands, or 11,246,421.32 acres in all, distributed as follows state or Territory. Granted limits. Indemnity limits. Total. Wisconsin Acres. 2, 19.5. 30 1,334,189.30 5, 442, 840. 70 98r, 440. 58 A cres. 6, 436. 75 694, 163. 30 1, 104, 438. 13 648,019.62 9, 450. 13 635, 500. 75 245, 386. 39 Acres. 8, 63^ 05 2, 028, 352 60 6, 547 278. 83 1, 629, 460. 20 9, 450. 13 777, 861. 12 245. 386. 39 Minnesota Dakota Montana Idaho Washington 142, 360. 37 •Oregon Total 7, 903, 026. 25 3,343,395.07 11,246,421.32 4 NORTHERN PACIFIC RAILROAD COMPANY. (5 and 6) Six lists embraciug 746,589.52 acres, of which 743,573.44 acres are in the State of Minnesota, and 3,016.08 acres in the Territory of Washington, have been approved by the Secretary of the Interior. Following the approval of said lists the lands embraced therein were patented to the railroad company. I transmit herewith (marked C) a statement showing the date of ap- proval and the nnmber of acres included in each list, and the date of and the number of acres included in each patent. (7) The cost of surveying, amounting to $42,686.50, has been paid by said company on 1,131,221.19 acres, of which 746,589.52 acres have been patented to the company, and 384,634.67 acres have not been patented. (8) The regulations of this office make the payment of the cost of selecting a condition precedent to the approval of the lists of selections by the local officers j hence the number of acres selected (11,246,421.32 acres) is the number of acres for which the cost of selecting and list- ing has been paid. (9) The cost of patenting is assessed at the rate of 30 cents per 100 words (15 for writiuir and 15 for recording), and $1 for the seal of the office, and is payable w^hen patent is ready for delivery. The cost of patenting, amounting to $168.85, has been paid on all the patented lands, viz, 746,589.52 acres. (10) No patents are ready for delivery, as the issue of patents to said company is, and has been for several j^ears, suspended on account of the failure of the company to locate and construct its road within the time required by the granting act. (11) Said company has not at any time after being advised of the readiness of this office to issne patents directly refused to pay the cost of survey and patent, but it did fail to make its selections, and thereby to put this office in a position of readiness to issue patents. It could at any time between 1873 and 1880 have received patents for its lands in Minnesota, and, as fast as surveyed. East of the Missouri River in Da- kota, had it made its selections and paid the fees. It did, moreover, for several years refuse to pay the cost of surveying 743,573.44 acres in the State of Minnesota which were patented in 1873, when this office overlooked the act of July 15, 1870, requiring such payment, and only paid the same when instructions were issued to the local land officers to refuse to receive its selections. The resolution is herewith returned. Very respectfully, your obedient servant, WM. A. J. SPARKS, Commissioner, Hon. L. Q. C. Lamar, iSecretary of the Interior. A. Schedule of papers relating to payment of costs of selecting, surveying, and conveying lands granted to the Northern Pacific Railroad Company, accompanying letter from the Com- missioner of the General Land Office to the Secretary of the Interior, April 14, 1886. (1) Copy of letter dated May 23, 1874, from W. K. Mendenhall, attorney for North- ern Pacific Railroad Company, asking that patent be issued to said company for cer- tain lands in Dakota (2) Copy of office letter of May 27, 1874, to W. K. Mendenhall, declining to patent lands to company until fees had been paid, not only on lauds asked to be patented, l>at on "those already patented. NORTHERN PACIFIC RAILROAD COMPANY. 5 (3) Copy of letter from W. K. Mendenhall, June, 1874, asking repayment of fees paid by Northern Pacific Railroad Company for selecting certain lands afterwards awarded to Saint Paul and Pacilic Railroad Company. (4) Copy of offi'jo letter of Jiiuo 27, 1874, to W. K. Mendenhall, that the money re- ferred TO in his letter of June 26, having been covered into the Treasury, was beyond the control of this office. (5) Copy of letter from W. K. Mendenhall, June 29, 1874, asking that the company be allowed credit for selection fees referred to in his letter of June 26, 11^74. (6) Copy of office letter to W. K. Mendenhall, July 14, 1874, that company will be allowed credit for selection fees, as requested in his letter of June 29, 1874. (7) Copy of office letter to W. K. Mendenhall, March 29, 1882, requesting payment of $26,18;i!!:?8, being cost of surveying and conveying certain lands patented to North- ern Pacific Railroad Company in 1873. (8) Copy of letter of argument b^-^ George Gray, general counsel, Northern Pacific Railroad Company, April 3, 1882, claiming that said company was not required to pay cost of surveying and conveying. (9) Copy of office letter to Secretary of the Interior, April 28, 1882, transmitting Mr. Gray's argument aud recommending that steps be taken to secure payment. (10) Copy of letter from Secretary of the Interior, June 5, 1882, directing that no further patents be issued until cost of selecting, surveying, and conveying lands cov- ered thereby has boen paid; that further patents be witliheld until the $26,182.38 then due should be paid, and that the company's right of selection be not recognized until such payment should be made. (11) Copy of ofJice letter to George Gray, June 10, 1882, advising him of Secretary's decision, and that the company's right of selection would not be recognized until the $26,182.38 had been paid. (12) Copy of office letter to W. K. Mendenhall, June 10, 1882, advising him of Sec- retary's decision, &c. (13) Copy of office letter of June 10, 1882, to the local officers for the several land districts in which the grant to the Northern Pacific Railroad Company is situated, directing them to decline to receive selections by said company until further orders. (14) Copy of letter from George Gray, September, 1882, stating that the company had that day paid the $26,182.38 then due. (15) Copy of office letter to George Gray, October 6, 18 "*2, requesting that the da- plicate certificate of deposit be forwarded to this office. (16) Copy of letter from Secretary of the Treasury, December 5, 1882, transmitting certified copy of certificate of deposit No. 27, O" O, by Northern Pacific Railroad Com- pany, for $26, 182. 38. (17) Copy of certified copy of certificate of deposit No. 27,030. (18) Copy of office letter of December 14, 1882, to local officers, recalling instruc- tions of June 10, 1882, against the company's right of selection. (19) Copy of office letter to W. K. Mendenhall, December 14, 1882, that instructiong of June 10, 1882, have been recalled. (20) Copy of letter from Robert Harris, president of Northern Pacific Railroad Company, February 12, 1886, asking that the surveyor-general for Dakota be in- structed to furnish said company with statement of cost of surveying lands in Cass County. (21) Copy of office letter to Robert Harris, February 19, 1886, that statement of cost of surveying lands in Cass County, Dakota, will be furnished. (22) Copy of letter from Robert Harris, February 24, 1886, inclosing copy of reso- lution ])assed by directors of Northern Pacific Railroad Company, that said company is ready to pay cost of surveying, selecting, and conveying, and requesting thati)at- ents be issued for lands already selected. (23) Coj)y of resolution transmitted by Mr. Harris. (24) Copy of office letter to Robert Harris, March 9, 1886, containing statement of cost of surveying certain lands in Dakota. NORTHEKN PACIFIC RAILROAD COMPANY. B. Statement showing the nnmher of acres in place, and of indemnify lands selected by the North- ern racijic Railroad Company, the date of approval of each list of seletiion by the local land officers, the date of the receipt of each list at the Genei'al Land Office, and the number of acres included in each list. .2 1? Land district. Dat«» of approval by local otficers. Date of receipt at General Land Office. Granted limits. Indemnity limits. 1 WI8COK8IN. Bay field Sept. 13, 1883 do Sept 21, 1883 do Acres. 2, 195. 30 Acres. *^ do 6,436.75 MINNESOTA. Alexandria .. July 1 1872 .TnW 1Q 1»79 1 74,371.98 83. 055. 07 32. 897. 70 89. 850. 88 112,724.38 94, 682. 48 106, 573. 90 110, 428. 57 70,641.72 3, 925. 28 17,919.32 98, 664. 73 78, 489. 9i} 16,396.41 28, 517. 85 ""32,'686'i9' 9, 735. 62 81,788.53 108, 989. 21 ""'59,' 230." 23' MiS. 1 Oak Lake Auff. 27,' 1872 1 Sept. lo! 1872 Sept. 30, 1872 ■ Oct. 11. 1872 Dec. 20,1872 Feb. 26,1873 Feb. 8, 1873 Mar. 14,1873 Feb. 20, 1873 Mar. 1. 1873 Mar. 10 1873 Mnr 17 1R73 9, do 1 Saint Cloud 3 Oak Lake ? Saint rioud . . . . 4 Oak Lake 3 Saiut Cloud Jkiar. 11,1873 Mar. 21, 1873 Mar. 22, 1873 May 17,1873 Apr, 10, 1873 Aug. 4,1873 Mar. 18. 1873 Apr. 9, 1873 Apr. 10. 1873 May 23, 1873 Apr. 10, 1873 Au?. 9, 1873 . do 2 1 Alf xjindria Diiinth 1 5 Taylor's Falls 0:ik Lake 4 ' Saiut Cloud 5 do Duluth ... 2 May 27,1876 June 3,1876 do 3 do 21 498. 33 A Detroit May 21,1877 May 26, 1877 Feb. 14, 18*0 Sept. 27, 1880 Feb. 8, 1881 Mar. 15,1883 Mar. 16,1883 ... do ... do May 28, 1877 June 4,1877 Mar. 23. 1880 Oct. 19. 1880 Feb. 14,1881 Apr. 3,1883 do 3 Fergus Falls . . 6 7 Saint Cloud do f Taylor's Falls ..." ... 2, 28a 50 7 8 do do Duluth 62, 376. 19 9 .. do 19, 853. 13 5 May 4, 1883 do 47.34 1,080.00 6 do do Saint Cloud .. do 7 ....do Mar. 22, 1883 do . .do 10, 084. 13 g Apr. 17, 1883 do 3 27.3.88 9 ^9. do 11,996.82 do ...do ... do 80.00 13 do do do 40.00 14 do do ..-.do Mar. 31, 1883 Apr. 23,1883 June 18, 1883 June 22, 1883 ...do .. do May 4,1883 July 9,1883 June 28, 1883 . . . do . . . . 7, 346. 42 542.50 15 8 Duluth Saint Cloud 15,974.57 30, 717. 08 18 2, 645.' 75' 3 Taylor's Falls »> do 7, 392. 10 10 Saint Cloud July 30, 1883 do Aug. 21, 1883 do 165, 304. 64 19 do 19, 308. 51 91 do .. do ... do 3, 030. 56 11 do Taylor's Falls «lo do h ei gus Falls Crookston Duluth do do Sept. 20, 1883 1 Sept. 29, 1883 do Oct. 26.1883 Oct. 6, 1883 do 30, 846. 60 9, 996. 85 7 9 2,857.94 10 . do Oct. 15,1883 ...do Oct. 16,1883 Oct. 17,1883 . do .. do Oct. 22,1883 Oct. 31,1883 Nov. 20, 1883 do 200.11 1, 443. 87 6 12 24, 264. 25 9 5, 629. 93 10 27, 880. 93 11 .. do .. 7, 032. 86 14 do do ... do 24, 899. 46 15 do do do . 4.3, i>18. 12 20 S!<int Cloud Ci'ookston ..do Oct. 20,1883 Nov. 7,1883 do Oct. 31,1883 do 137. 278. 92 13 7,529. 13 22 Dec. 14,1883 do 8l'3. 00 23 do 1, 084. 52 26 .. do do do 274. 35 16 Duluth Nov. 9.1883 Dec. 12,1883 Dec. 13,1883 Dec. 14,1883 ..do Nov. 20, 1883 Jan. 23,1884 ....do Dec. 21,1883 do 4,199.02 16 Crookston do 480. 00 17 14.35 80.00 20 Duluth 21 do . . ... 74.83 12 Taylor's Falls Dec. 17, 1883 Jan.. 24, 1884 Apr. 27. 1885 May 28, 1885 do .- do Jan. 28,1884 May 2,1885 June 28, 1885 do 40.00 14 .... do . do 1, 352. 25 17 604. 79 29 Saiut Cloud 40.00 80 do 32. 12 Total 1, 334, 189. 30 694,163.30 NORTHERN PACIFIC RAILROAD COMPANY. Statement showing the number of acres m place, and of indemnittf lands selected by the Nm'th- ern Vacific liailroad Company — Coutiuued. i Land district. * Date of appioval by local officer's. Date of receipt, at Gcueial Land Office. Granted limits. Indemnity limits. 1 DAKOTA. Penibiuci - Feb. 28.1874 Jiilv 30. 1875 Juiie2i». 187« Sept. 7, IKTe Mar. 31. 1877 Mnr. 19.1.-8:} Apr. 9.1883 do May I4,18a3 Julv 7, 18»3 ... do . July 12,1883 do Aug. 8,1883 do Sept 29. H3J33 Oet. 8, If'H.t Nov. 9,1883 do Mar. 6,1874 Aug. 7,1875 July 1(1, 1876 Oct. 11,1876 May 24, 1877 Sej.t. 13. 1883 Apr. 7,1884 do . Aug. 1.5,1883 Apr 7, 1884 . . do ... do . do Sept 27, 1883 Nov. 3. 1883 Dec. 3, 1883 Apr. 7, 1884 Dec. 3, 1883 do Dec. 3,1883 Apr. 7,1884 do . .. AcrfiH. 3. 773. 77 5. 234. 37 40. 205. 60 29, 816. 47 Acres. 2 l-'argo do do do do 3 5 6 1,790.46 438, 9x3. 48 7 do do Bismstrck l^'urijo ............ 69 696 58 8 .... 38. 304. 48 1 67, 527. 11 9 1,011,734.84 1,287,705.62 "241.012.77 475. 978. 99 660. 249. 23 499,314.75 34,802.16 92, 097. 07 10 do do 11 20, 443. 44 12 <lo -. 2 Bismiiick .... do do Fargo 3 4 13 5 1, 108. 60 (^ do do Fargo do ...do Mar. 5.1884 do 647.29 14 .%. . . 23, 467. 88 15 28, 170. 94 1H ..do do do 44, 688. 20 17 do ... do ....d.» 19, 341. 22 238.93 g JBismavck .. . .... Mar. 6,1884 do Mai. 31,1884 .. do do Apr. 10, 1884 Apr. 11,1884 ... do do ... do do Mav 20, 1884 ... do q ... i\o do ; do. do do do 91, 868. 52 ""61.107.47 21,538.86 34. 642. 76 35.031.74 46. 093. €6 124.780.02 116,030.36 10 11 7,520.93 \9, 13 14 15 do do do do ... do ..do ... do 16 Apr. 11.1884 June 13, 1884 do . Aug 30. 18.-i4 vSept. 311. 1884 Oct. 14, 1884 Oct 18,1884 Oet. 29.1884 Nov. 12.18^4 Dec. 16,1884 Dec. 19.1884 l).c. 29, 1884 Jau. 8, 1885 . «lo June 2.5, 1884 do 17 18 22, 093. 80 19 Sept. 18. 1884 Nov. 12. 18M •S. pt. 22. 1885 Dec. 3, 1881 Sm)t.22, 18^5 Dec. 8,1884 Sept. 22, 1885 Jan. 10, 1885 .. do Feb. 7.1885 do 11,. 557. 41 206, 429. 70 ?0 do Fargo 1H 13, 476. 98 34. 903. 68 n BisniHrek Fargo . . 10 38 070 43 ft 45, 922. 34 ?(i Fiir»'0 . . 46, 798. 08 22.8.52.15 93,116.86 4, 291. 14 ?H Bismarck do ?4 ?i do do ?« 15,761.54 V7 do . Mar. 7,1885 do Apr. C, 1885 do 32, 825. 93 ?8 do 71, 943. 46 i8,"859.*i2 29 ?1 do Fargo do . . Mnr. 24.1885 do Mar 31, 1885 Apr. 27! V885 Auir. .5, lh8.'> Aug. 24, 1885 do .. do Sept. 22, 1885 - . do Apr. 6, 18.-'5 (l«i M..V 9.1885 Sept. 8, 1885 ...do do 12, 027. 80 954.60 5,' 709. 04' ?'' do RO Bismarck . • ...... 107, 540. 20 81 do .... do .... do do GO 32 33 7, 653. 24 10, 971. 89 34 43. 879. 83 4, 690 93 H5 Total .5. 442, 84(1. 70 1,104,438.13 MONTANA. Helena MileHCity do Nov. 14. 1882 June 23. 1883 May 20, 1884 Se|>t. 30. 1884 Ct. 31, 1884 Nov. IX. I8.«<4 Dei". 18, 1X84 l)e»-. 2.i, 1884 .Fan. 31,1885 Fel.. 11.1885 K.-l). 26, 1885 Mar. 25, 1885 Nov. 22, 1882 July 21,18}-3 June 9. 1^84 do Oct. 23,1884 Nov. 17.18X4 Dec 12,1X84 ,Ian 15. 18X5 Jan. 17, lSJ-5 Fell 14, I8^5 Mar. 13. 1885 ....do Apr. 10, 1885 1 320. 00 1 196.2.34.21 106. 917. 15 99, 74". 23 ^ 3 4 do do do 71 977.33 f> 1,718.63 640 80 ] Helena 7, ... «lo 4,'4.5n.i() 30, 094. 98 25, 334. 20 ^ 7. do Helena 3 74 471. 76 4 5 .... do do 219,596.51 59, 364. 68 8 NORTHERN PACIFIC RAILROAD COMPANY. Statement showing the numher of acres in place, and of indemnitif lands selected by the North- ern Pacific liailraad Company, 4^c. — Contiuued. i i 1 Land district. Date of approval by local officers. .Granted limits. Date of receipt at General Land Office. Indemnity limits. 3 6 MOKTANA— continued. Bozeman Miles City. do Mar. 25. 18(55 Apr. 17. 1885 Apr. 22, 1K85 Apr. 24, 18H5 M «y 4, 1885 June TA, 1885 June 27, 1885 Apr. 14, 1885 May 12,1885 du Acres. Acres. 17, 181. 79 22 887.89 60, 549. 27 17, 474. 83 2, 528. 05 10, 500 92 39,' 948.' 76 23,524.20 Helena May 1.3, 1885 June 16, 1885 June 30, 1885 July 9.1885 July 24, 1885 July 27.1885 Aug. 13, 1885 Nov. 21. 1885 Nov. 11, 1885 ...do- Jan. 18,1886 Bozeman Bozeniau do 174, 681. 67 ""i21,i93.'6i' Bozenidn Helena July 20, 1885 July 28. 1885 Sept. 4, 1885 Oct. 17, 1885 Oct. 2:{, 1885 Jan. 12,1886 8 ! Mih-sCitv i66, 925. 91 G28. 36 6, 446. 22 134,122.74 Helena do Bozeman Total 10 10 981, 440. 58 648, 019. 62 . IDAHO. Lewiston Aug. 1,1885 Aug. 17, 1876 Dec. 20,1877 Mar. 2,1882 Dec. 17, 1883 Jan. 5. 1884 Feb. 26. 1884 Mar. 20, 1881 May 14, 1884 Au>:. 27, 1884 Dec. 8, 1884 Dec. 31, 1884 do Aug. 18, 1885 Aug. 29, 1876 Jan. 7. 1878 Mar. 20, 1882 Jan. 3, 1884 Jan. 23,1884 Mar. 8,1884 July 23, 1884 Sept. 14. 1885 Sept. 6.1884 Feb. 3, 1885 Jan. 23,18«5 ... do do 1 9, 450. 13 WASHINGTON. Olvmpia 1 2, 200. 00 2 do Colfax 3, 140. 32 1 2, 840. 00 59, 548. 74 73,395.26 3, 743. 01 26, 666. 81 ?, Spokane Falls •. 1 Walla Walla Vancouver T B Spokane Falls 4 do 6,311.98 10, 923. 05 8 Olympia 1 Yakima 360 00 9, Vancouver 3, 931. 15 8 do 1,430.27 37, 135. 12 4 do . do .. fi do ... do .. do . . 78 54 6 do Oly nipia Feb. 2. 1885 Feb. 2.-., 1885 Mar. 31. 1885 Apr. 20, I88.-> May 12, 1885 Mav 14,1885 May 14. 188.5 May IG. 1885 May 18 1885 Feb. 16,1885 Mar. 11,1885 Apr. 10. 1885 Apr. 29.1885 May 22, 1885 ....do May 28, 1885 480. 00 4 1, 933. 84 36, 435. 41 7 Vancouver 3 Walla Walla 12,946.69 20, 6.=i4. 21 27, 455. 67 54. J-91. .52 5,791.84 92 049 81 6 Olympla 4 Walla Walla 5 Spokane Falls 7 Olvmpia 4^ Vjincoii ver H.I « Olympia May 22*1885 .Timia '-?. IRR.^ 9 Vancouver May 23, 1885 Mav 2.^, 1885 do 25, 733. 03 90. 378. 57 28, 224. 99 26 334 61 6 Spokane Falls .Tnnn d IRR.'^ 1) Olvmpia Juno 5,1885 June 17. 1885 Junel3, 18>«5 Ji.lv 3,188:) July 14.1885 July 24. 1K85 July 16,1885. Julv 25,1885 July 31. 188.-) Au;t. 11, 1885 Aug. 3.1885 Aug. U. 1885 Sept. 12. 1885 Sept. 22. 1885 Nov. 20, 1885 >J"v •A\) iSK.'S ? Ysikima 7 Spokane Falls 14 757 "^O 10 Olympia 3, 976. 75 934 16 11 do 8 Spokane Falls "36, 211.' 28' 8, 839. 00 80 00 1? Olympia 1? Total 142, 360. 37 635, 500. 75 OKEGON. La GraT'de Mav 7,1885 May 8,1885 May 16.1885 May 28, 1885 1 70, 549. 33 174. 837. 06 1 The Dalles Total 245,386.39 NORTHERN PACIFIC RAILROAD COMPANY. RECAPITULATION. Number of aores in place and of indemnitif lands neleoted in each State and Territory. State or Territory. Wisconsin .. Miunosutu .. Ditkutii Muntiina — liljiho Waab jngton . Oregon Total. Granted limits. Acres. 2, 195. 1,334,189. 5, 442, 840. 981,440. 142, 360. 37 Indemnity limits. Acres. 6, 436. 75 694, 163. 30 104, 438. 13 648, 019. 62 9, 450. 13 635, 500. 75 245, 386. 39 7,903.026.25 3,343.395.07 Total. Acres. 8, 632. 05 028. 352, 60 547, 278. 83 629, 460. 20 9, 450. 13 777, 8f;i. 12 245, 386. 39 11, 246, 421. : Statement showing the nnmber of acres in place and of indemnity lands selected by the North- ern, Pacific Ilailroad Company each year in the several States and Territories in which said company^s grant is situated. State. Wisconsin. Minnesota . Year. Granted limits. Acres. 2. 195. 30 Indemnity limits. Acres. 6, 436. ' Total Dakota 1872 1873 1876 1877 1880 1881 1883 1884 1885 280, 175. 63 710,446.69 28, 517. 85 43.415.81 190, 777. 74 21,498.33 81, 815. 58 40. 66 1, 334, 189. 30 2, 288. JiO 668.387.31 1, 352. 25 636. 91 1874 I 1875 1876 1877 1883 1884 1885 3, 773. 77 5, 234. 37 70, 022. 07 Total Montana... Total . Idaho Washington Total Oregon 1882 1883 1884 1885 1885 1876 1877 1882 1883 1884 1885 4, 302, 895. 43 956, 53.5. 79 104, 379. 27 5, 442, 840. 70 196, 211, 439, 134, 234.21 113.48 970.15 122. 74 694, 163. 30 1, 790. 46 636, 711. 04 233.2U7.18 2a2, 729. 45 1,104,438.13 320. 00 99, 670. 96 548, 028. 66 981. 440. 58 ! 648, 019. 62 j 9,450.13 .T7~.. .77" I 27200706" 3,140.32 I I 2.840.00 59,548.74 55,800.42 I 108,174.77 83,419.63 1 462,737.24 ! I 142,360.37 j 635,500.75 Total. Acres. 8, 6.'<2. 05 280, 175. 63 710,446.69 50, 016. 18 42,415.81 190, 777. 74 2,288.50 750, 202. 89 1, 352. 25 67G. 91 2, 028, 352. 60 3, 773. 77 5, 234. 37 70, 022. 07 1,790.46 4. 939, 606. 47 1,189,742.97 337,108.72 6, 547. 278. 83 320. 00 196,234.21 310, 784, 44 987, 998. 81 134, 122. 74 1, 629, 460. 20 9, 4.n0. 13 245, 386. 39 2, 200. 00 3, 140. 32 2, 840. GO 59, 548. 74 163, 97.5. 19 546, 156. 87 777,861.12 245. 386. 39 10 NORTHERN PACIFIC RAILROAD COMPANY. RECAPITULATION. Number of acres in place and of indemnity land selected each year. Tear. Granted limits. Acres. 1872 : i 2811,175.63 1873 , I 710,446.69 1874 I 3. 77H.77 1875 1 5.234.37 1876 98,539.92 1877 I 45,5.16.13 1880 i 190,777.74 1881 1882 i 1883 1 4,583.140.52 1884 ! 1,223,449.69 1885 1 627.8(9.05 1886 i 134,122.74 I ! Total j 7,903,026.25 Indemnity limits. Acres. 23, 698. 33 1, 790. 40 2,' 288." 50 3. 16". 00 1,371,0^3.84 442.40.5.16 1,498,968, 3, 343, 395. 07 Total. 11,246,421.32 Statement showing the ntimher of acres of land approved by the Secretary of the Interior and subsequently patented to the Northern Pacific IxaUroad Company, the date of approval of each list, and the date of tach patent. ■ GRANTED LIMITS. No. of list. State or Territory. Acres. Date of approval. Date of patent. No. of patent. 1 Minnesota 190, 290. 70 184, 595. 06 255, 832 09 17,919.32 94, 936. 27 Jan. 13,1873 Apr. 7.1873 June 12,1873 July 12,1873 Oct. 13,1873 Mar. 24, 1880 Jan. 18,1873 Apr. 24, 1873 July 7, 1873 Aug. 7.1X73 Nov. 4,1873 Apr. 8,1880 1 2 3 do do 2 3 4 5 do do 4 5 Total 743. 573. 44 "Washington 1 3,016,08 6 RECAPITULATION. Arres. Minnesota 743.573.44 Washington 3.(ii6. 08 Total 746,589.52 (1.) Northern Pacific Railroad Company, Land Department, Washimjtoii, D. C, May -23, 1874. Sir: The Northern Pacific Railroad Company are deHirons of obt«ining y)atent for the lauds selected by them in Dakota Territory, a list of which is now on your files. If no objection exists, I respectfully ask that the same may be passed into patent as early as possible. Please iuform me of your action in the premises. Very respectfully, W. K. MENDENHALL. Hon. W. W. Curtis, Acting Commissioner General Land Office. (Indorsement :) L. 3186. W. K. Mendenhall, Washington, D. C, May 23, 1874, asks for patent for Northern Pacific Railroad Company for lauds in Dakota Territory. NORTHERN PACIFIC RAILROAD COMPANY. 11 (2.) Department of the Interior, General Land Office, Washington, D. C, Maii 27, 1874. Sir : In reply to yonr letter of 23d instant, stating tliat tlie Northern Pacific Rail- road Company are desirous ofolitaininp at an early date patent for the lands selected by them in Dakota T« rritory, a list of which is now befoie this office^ I have to state that, in accordance with the act of Congress approved July 15, 1870 (Stat. IC, j). HOo), requiring the company to i)ay the cost of surveying, selecting, and conveying tln-ir lands before receiving patents, I decline to certify any more lands for patent to the company until such fees are paid, not only on the lauds asked to be patented, but on those already patented. Very respectfully, W. W. CURTIS, Acting Commissioner. W. K. Mendenhall, Esq., Attorney Northern Pacific Bailroad Company, Washington, D. C. (3.) Northern Pacific Railroad Company, Land Department, Washington, D. C, Jvve ^i), 1874. Sir: The Northern Pacitic Railroad Company paid fees to the amount of |;3,7H8,60 on certain lands in the Oak Lake and Alexandria land district, Minnesota, for which lands the company have failed to receive patents for the reason that in the oj)inion of the Seci< tary of the Interior the lands inure to the grant for the Saint Paul and I'acitic Railioad Company (Saint Vincent extension). The company now asks that this money may be refunded to them, but desire it to be distinctly understood that this aiqtlication is not to be construed as in any way a relinquishment of the Ian' in question, and is not to i»rejudice the right of the comyjany to renew at any future time its apjdication for the lands, should the courts give a fivorable decision to their right thereto. I I herelore respectfully ask that you will give such instructions to the company and the district land officers as will enable us to obtain the money. Very respectfully, \V. K. MENDENHALL, , For Northern Fatific liuilroad Company. Hon S. S. Burdett, Commissioner General Land Office. (4.) Department of the Interior, General Land Office, Washington, />. C, June 27, 1874. Sir: In reply to your letter of 26th instant, respecting certain fees paid by the Northern Pacitic Railiond Company on selections uia<l> of lands in the Oak Lake and Alexandria land districts. Minnesota, but subsequently awanled by the hofu.raltle Secretary of the Interior to the Saint Paul and Pacitic Railroad Company (Saint Vin- ceit extension), I have to state that the money has been paid and covere<l into the Treasury, and therefore is beyond the control of this office. Very respectful! v, S. S. BURDKTT, Comnii.:isioiter. W. K. Mendenhall, Esq., Washington, D. C. (5.) Northern Pacific Railroad Company, Land Department, Washington, D. C, Jiine'Z\i, 1874, Sir : In my letter of 2Gth instant relative to f^es paid by the Northern PaeiMc. Rail- road Company for lands subsequently awanled to the Saint Paul and Pacific Railmad Company it was my iuteiition to have asked, in case the money could not be leturned, 12 NORTHERN PACIFIC RAILROAD COMPANY. that the company shouUl be allowed credit for the same upon future selections under their f^r;int, as Itas been the rul^ in other like cases ; I refer yon particnlarly to the case of the Saint Paul and Sioux City and Winoua and Saint Peter Railroads case. I therefore now ask that you will accord to this company the same privilege hereto- fore granted other railroad companies under similar circumstances. Very respectfully, W. K. MENDENHALL, Attorneij Northern Pacific Railroad Company. Hon. S. S. BURDKTT, Commissioner General Land Office. (6.) Department of the Interior, General Land Office, Washington, D. C, July 14, 1874. Sir: In reply to your letter of 'iOth ultimo respecting the fees paid by your com- pany on certain lands afterwards found to be in the limits of the Saint Paul and Pa- cific Railroad, Saint Vincent extension, and therefore rejected from the lists certified for your road, I have to state, that we will credit you with that amount on selections hereafter to be made on account of your graut. There is no provision of law which authorizes this offi(;e to return the amount thus erroneously paid. Very respectfully, S. S. BURDETT, Commissioner. W. K. Mendenhall, Esq., Attorney Nortliern Pacific Railroad Company, Washington, D. C. (7.) Department of the Interior, General Land Office. . Washington, D. C, March 29, 1882. Sir: By a proviso to the act of Congress approved July 15, 1870 (16 Stats, 305), the Northern Pacific Railroad Company is required to pay the cost of surveying, seleot- iny:, and conveying the lands granted to it by the act of July 2, 1854. Upon examination, I find that said company has not paid the cost of surveying and conveying 743,90o.(i4 acres of land in Minnesota, for which patents issued in 187J. Said costs amount to $20, 182.38, and 1 have to request through yon the payment of that sum into theTrt-asury, as reqtiired by the act cited. Stated in detail, the costs are as follows : Survey, including field and office work, of 190,290.70 acres in patent No, 1, dated January 18, 1873 ^ $6, 645 16 Conveying same 24 42 |6, 769 68 Survey, &c., of 184,928.26 acres in patent No. 2, dated April 24, 1873 5,399 71 Conveying same 39 77 5,439 48 Survey, &c., of 255,832.09 acres in patent No. 3, dated July 7, 1873 10, 180 68 Conveying same 53 86 10,234 54 Survey, &c., of 17,919.32 acres in patent No. 4, dated August 7, 1873 424 09 Conveying same 8 96 433 05 Survey, &c., of 94,936.27 acres in patent No. 5, dated November 4, 1873 3,270 89 Conveying same 31 74 3, 305 63 Total - 26,182 38 I have to ask, further, that yon communicate this request to the proper officers of said company, and that speedy action be taken thereon. Very respectfully, N. C. McARTHUR, W. K. Mendenhall, Esq., Commissioner. Attorney for Northern Pacific Railroad Company, Washington, D. C. NORTHERN PACIFIC RAILROAD COMPANY. 13 (8.) Office of the General Counsel of the NoRTHKiiN Pacific Railroad Company, No. 2 Nassau Street, New York, Jpril 3, 1882. Sir: Yonr letter, F, dated 29th ultimo, to W, K. Mendenliall, esq., attorney for Noitberu Pacific Railroad Company at Washin<,'ton, reqneatinj^ Hiroufrh him pay- ment into the Treasury of $2f),182.:i8 as the costsof survej inj; and conveying 74:^,1)06.64 acres of land iu Minnesota, for which patents issued in 1873, which costs, yon state, the company is required to pay by a proviso to the act of Congress approved July 15, 1870 (16 Stats., 305), and asking him further to communicate your request to the proper officers of said company, and that speedy action be taken thereon, has been forwarded to me. Your letter above mentioned is the first demand or request received directly or in- directly from any one for such payment, and is the first intimation given that it would be required or expected to be made. Since receipt of your letter on Saturday last, the subject has had due and respectful consideration. The patents to which you refer were issued long after the passage of the act men- tioned, and they were issued without any demand or request for payment of costs. The provision of the act is to the effect that before any land granted to this company by the United States shall be conveyed to any party under any of the acts incorpor-. ating or relating to said company, there shall first be paid into the Treasury of the United States the cost of surveying, selecting, and conveying the same, by the said company or party in interest. The act was passed more than six weeks after the passage of the joint resolution No. 67, approved May 31, 1870, authorizing the company to issue its bonds and to se- cure the same by mortgage on its property and rights of property, including the granted lands. The words '^ party in interest," as used in the act, refer to mortgages or purchasers under the company. There is no obligation or liability of the company or "party in interest " to the United States created by the provisions of the act to which you refer. The lands were mortgaged by the company July 1, 1870, two weeks prior to the passage of the act requiring the costs of surveying, &c., to be paid to the United States before patents should be issued, and the moitgages or subsequent purchasers are the parties in interest. But their interest or estate cannot be bnrthened by the costs of surveying the lands. Neither can it be justly or lawfully claimed that they or the company are indebted to the United States for those costs by reason of the act referred to or the issuance of the patents. If the company were to pay the money now demanded it would only be at the ex- pense of the mortgages; and it cannot legally or equitably so dispose of any part of the fund appropriated in trust for the payment of the moneys lent by them on the security of the lands. The foregoing is deemed a sufficient reply to the demand for payirent into the Treasury of the $26,182.38 mentioned; but inasmuch as the question may again arise, under the act of Congress approved Jnly 31, 1876(19 Stats., 121), I beg leave, re- spectfully, to submit the following additional statement : (1) Congress in the grant to this company (13 Stats, at Large, sec. 4, p. 368) expressly enacted : ''That patents shall be issued to the company, confirming to it the right and title to the granted lands situated opposite to, and coterminous with, the completed sections of the road, whenever commissioners appointed by the Presi- dent shall verify the same ; " and (sec. 6, p. 369) ''That the President of the United States shall cause the lands to be surveyed for 40 miles in width on both sides of the entire line of said road, after the general route shall be fixed, and as fast as may be required by the construction of the said railroad." (2) When the bill for this act was under consideration iu Congress, several amend- ments were projiosed in the Senate, among which was the following, numbered 24, namely : " Sec. 21. And he it further enacted, That before any land granted by this act shall be conveyed to said company or party entitled thereto, under this act, there shall be first paid into the Treasury of the United States, by the said company or party in interest, the gross cost of surveying, selecting, and conveying the same, which amount shall, without any further appropriation, stand to the credit of the proper account, to be used by the Commissioner of the General Land Office for the prosecution of the sur- vey of the public lands along the line of said road, and so from year to year until the whole shall be completed as provided under the provisions of this act." (Congres- sional Globe, first session Thirty-seventh Congress, 1863-'64, p. 3290.) The Senate adopted this amendment, but after the report of a coirimittee of con- ference it agreed to recede and it did recede therefrom. (/&., pp. 3459 and 3482.) Precisely such provision was, however, incorporated in the other Pacific railroad act, approved the same day (13 Stats., pp. 356,365); but it will be observed that the 14 NORTHERN PACIFIC RAILROAD COMPANY. grantee in that case received a money subsidy in addition to a grant of lands, and that the provision was incorporated in the grant itself, and was accepted by the grantee. Tlie Northern Pacific Railroad Company, therefore, is exemptedby law from the pai/- metit of suck costs. The proviso in the act of 1870 is repeale<l by that in the act of 18r<), for the reason, in the hiugnage of the Supreme Court, that even where two acts are not in ex|>ress terms repugnant, yet if the latter act covers the whole subject of the tirst, and embraces new provisions, plainly showing that it was intended as a substitute for the first act, it will oi)erate as a repeal of th it act. (U. S. v. Tynen, 11 Wallace, 88, 92, and cases cited by the court in the note.) (:i) The charter of the Northern Pacidc Railroad Company is a contract between the United Stales and the company, and in respect of the grant cannot be altered by either without consent of the other. (Davis r. Gray, Iti Wallace, 203, 232, and cases cited; Home, &c., v. Rouse, 8 H., 430, 437; Bank v. Skelly, 6 Black, 43d, 448, &c,) The very question now under consideration was decided by the supreme court of the State of Minnesota (The Northwestern Rei)orter, vol. 9, p.' 761) in a case where a purchaser from the company claimed that his lands were not subject to State or mu- nicipal taxation under the authority of Railway Company v. Prescott (16 Wallace, 603) and Railway Company v. McShane (22 Wallace, 444). The court, after quoting the provision in the act of July 15, 1870, tliat before any land granted to the com- pany shall be conveyed the costs of surveying, &c., shall lirst be paid by the com- pany or party in interest, say: "If, then, we leave out of view the provision before quoted as to the payment of the cost of surveying, «fec.-, the case is one in which, under repeated decisions of the Federal Supreme Court, the right and title of the company to the lands became such that they ceased to belong to the United States, and are, therefore, subject to taxa- tion in accordance with the laws of this State. Is this result affected by the provi- sions as to payment of cost of surveying &c., in the act of July 15, 1'570 ? We think not. These provisions seek to impose a new condition upon the grant of lands made by the act of 1864. They require the company to do something more than that act required it to do to earn the lands, viz, to pay the cost of surveying, &c. To that ex- tent the contract of the United States with the company is attempted to be impaired, and all hough the Federal Constitution contains no limitations (in so many words) upon the power of Congress to pass laws impairing the obligation of contracts, the fifth amendment contains a clause declaring that no person shall be deprived of property without due process of law. This covers the case of a contract right, whether the contract be executed or executory, for a contract right of either kind is property. (Rice V. Ry. Co., 1 Black, 358; Clark v. Mitchell, 64 Mo., 564; Twitchell v. Com., 7 Wall., 321). "We are therefore of opinion that it was not competent for Congress to pass the pro- vision requiring the company to pay the cost of surveying, &c., as a condition prece- dent to its right to patents for the lands granted to it by the act of 1364, and that that provision is therefore not binding upon the company and does not affect its absolute, complete, and perfect right to such lands, and to the i^roper evidence of such right ui)on compliance with the terms in that act specified. The power of amendment re- served in the twentieth section ot the charter obviously fails to embrace any authority to attach any such new condition to the grant. This case is distinguishable from Railway Company v. Prescott (16 W^alL, 603) atid Railwaj' Company v. McShane (22 Wall., 444). In both of these cases the enactment requiring payment of the expenses of surveying, locating, and selecting the lands granted to the company, as condition precedent to the issue of patents, was one section of an act so amending the original charter of the Union Pacific Railroad Company as largely to increase its original grant of lands. That act was one whole, and in accepting and availing itself of the increase of its land grant the company accepted the whole act, thereby assenting to the im- position of this new condition attached to its right to its original land grant." I respectfully submit that the foregoing presents ample reason why the Govern- ment has not heretofore demanded payment from this company of the costs of survey- ing and conveying the lands, and why the company has not paid them. Yonr obedient servant, GEO. GRAY, General Counsel, Northern Pacific Railroad Company. Hon. N. C. McFarland, Commissioner of the General Land Office, Washington, D. C. (Indorsement :) 28108. Received April 7, 1882. George Gray, No. 2 Nassau street, New Yrtrk City. Date, April 3, 1882. Ref. to our letter 29th ult. to W. H. Men- denhall, regarding payment of $26,182.38 as cost for surveying lands granted to Northern Pacific Railroad Company, and is of the opinion that it was not competent for Congress to pass proviso requiring company to pay said cost. To Secretary, with letter of April 38, 1882 ; copy retained. File with Northern Pacific Railroad pjipers. S. R. E. Returned by Secretary June 5, 1882. NORTHERN PACIFIC RAILROAD COMPANY. 15 Department of the Interior, General Land Office, IVashington, D. C, Ajml'ZS, 1882. Sir: A proviso to tbe act of Congress making appropriations for sundry civil ex- penses of the Government, approved Jnly 15, 1870 (16 Stats., p. 30.')), declares that before any land granted to the Northern Pacific Railroad Company shall be conveyed to any i)arty entitled thereto under any of the acts incorf)orating or relating to said company, "there shall first be paid into the Treasury of the United States the cost of surveying, selecting, and conveying the same by said company or x>arty in interest." Beiijg in an apj)r(>priation act, this proviso appears to have escaped attention in tlie division of this ofhce charged with the adjustment of grants for railroad purposes nntil 1874, as I find no reference to it in the records relating to such grants until that year. It does not appear in the table of acts relating to railroad grants published in the annual reports of this office prior to the report for the fiscal year ending June 30, 1''74. Between Janiiary 18 and November 4, 1873, patents were issued to said corapanj' for 74:^,906,64 acres of land in Minnesota, upon which the costs of surveying and convey- ing have not been paid. The cost of surveying these lands, including office work, is $26,020.53, and the cost of conveying the same is $161.85, making a total of $26,182.38. • By letter from this office dated May 27, 1874, W. K. Mendenhall, resident attorney for said company, was in- formed that no more patents would issue until said costs were paid. The cost of select- ing the land was p.iid at the time the selections were filed, such payment being also required by the general law of July 1, 1864 (13 Stats., p. 335). Until very recently no further action appears to have been taken to secure the pay- ment of these costs. It is understood that the company sought relief by Congress, and this is probably the reason no demand for payment was pressed at the time, and the matter, being laid aside, escaped attention. It came up in connection with the preparation of a recent report to the Department respecting land-graut railroads which were not completed within the statutory period. In my letter of the 29tli ultimo (copy inclosed), a demand for payment of the amount diie, as above stated, was made through Mr. Mendenhall. I have received a communi- cation, dated the 3d instant, from George Gray, esq., of New York Ci ty, general counsel for said company, in reply to said demand. Mr. Gray claims that the act cited created no obligation or liability of the company or party in interest to the United States. He also claims that the company is not liable for costs of this kind, even under the proviso to the act of July 31, 1876 (19 Stats., p. 121), by which all companies to which grants have been made are required, unless ex- empted by law, to pay the cost of surveying, selecting, and conveying lands prior to the issue of patents. I transmit this communication, which is equivalent to a refusal on the part of the company to pay the amount due, in order that steps may be taken to secure payment by judicial proceedings, or such other action had as may be by you deemed advisable. Very respectfully; N. C. McFARLAND, Cammisaioner. Hon. H. M. Teller, Secretary oj the Interior. (10.) Department of the Interior, Washington, June 5, 1882. Sir : The papers submitted to me with your communication of April 28, 1882, show that in the year 1873, between January 18 and November 4, patents were issued to the Northern Pacific Railroad Company for 743,906.64 acres of land in Minnesota, and that the cost of surveying and conveying such lands was $36,182.38. That from the fact that the provision requiring the payment of such cost before conveyance was in an appropriation bill, the attention of the proper division was not called to the jjro- viso nntil 1874, and, in consequence, payment of such cost was not required at the time the patents were issued. That the company now refuses, upon a demand prop- erly made, to pay such cost, and claims further that it cannot be required to pay the ex])ense of surveying, &c., any of the lands granted to it by the act approved July 2, 1864 (13 Stat., 365). Section 4 of such act provides that upon the report of the Commissioners, patents shall be issued confirming to the company the right and title to the lands. 16 NORTHERN PACIFIC RAILROAD COMPANY. Section 5, that the President shall cause the lands to he surveyed for 40 miles in width, on both sides of the entire line, after the general ronte shall be fixed. The act does not contain any provision requiring payment by the grantee of the costs of surveying, &c., the lands grauted. It seems that such a provision was adopted by the Senate when the act was under consideration, but that the Senate subsequently receded therefrom. The act does provide that ''Congress may at any time, having due regard for the rights of said Northei'n Pacific Railroad Company, add to, alter, amend, or repeal this act." The appropriation bill before referred to, approved July 15, 1870 (16 Stat., 305), after appropriating !$95,9d0 for survey of lands within the limit of the land grant to such company, piovides that, before any lauds granted thereto shall be conveyed, there shall be first paid into the Treasury of the United States, by such company, the cost of surveying, selecting, and conveying the same. The act approved July 31, 1876 (19 Stat., 121), provides that before any land granted to any railroad company by the United States under ami acts, unless such company is by law exempted from the payment of such cost, shall be conveyed, there shall be first paid the cost of surveying,' &c. It is claimed by counsel for the company that the effect of the act of July 31, 1876, is to repeal the act of July 15, 1870, in respect to the provision above referred to; this may be true, but it does not appear how that affects the questions arising and the acts done before the act of July 31, 1876. The company claims that it is exempted by law from the payment of all such costs; that the grant of July 2, 1864, is a con- tract, that no new condition can be imposed, and that the acts of July 15, 1870, and of July 31, 1876, requiring the payment of such costs are invalid, and in violation of the provision in the fifth amendment to the Federal Constitution to the effect that private property shall not bo taken for public use without just compensation. This Department cannot disregard the acts of Congress, and treat them as invalid. Congress made the appropriation of 195,980 before referred to, and annexed thereto the provision that before the patents were issued the company should pay the costs of surveying, i&c. The company cannot well refuse to comply with the condition annexed to the ap- propriation. It has not, until the payment of such costs, absolute and complete title to the lands granted. In Railway Company vs. McShane (22 Wall., 434), Mr. Justice Miller says: "That the payment of these costs of surveying the land is a condition precedent to the right to receive the title from the Government can admit of no doubt. Until this is done, the equitable title of the company is incomplete. There remains a pay- ment to be made to complete it. **The title does not pass so as to subject the lands to State taxation until the pat- ents are issued, or at least not uctil the costs of surveying are paid." (-?&•) If the effect of the act of July 31, 1876, was to repeal the act of July 15, 1870, yet the provision in the act of 1876, being general, applies to the grant to the company in question. In the original grant donating to the Northern Pacific Railroad Company a large amount of the public domain Congress expressly reserved the right to " add to, alter, amend, or repeal" the act; The effect of that reservation, or whether under it Congress had the power to enact the provision in the law of 1876, relating to costs of surveying, &c., and apply it to the grant in question, is a subject for the consideration of the courts rather than for this Department. It is further urged by the counsel for the company that payment of such expenses should not now be required, for the reason that the lands were mortgaged July 1, 1870 — prior to the passage of the act requiring such payment— under sanction of a joint resolution of Congress, approved May 31, 1870, and that the mortgagees are the parties interested, and that their interest or estate cannot be burdened with such costs. In answer to the same point made in the case already referred to ( 22 Wall., 444), the court said : " It is not necessary to go into the merely technical question whether the legal title passed from the United States by virtue of that mortgage and the act of Congress which authorized it, nor whether, if it becomes necessary to foreclose the mortgage, tlie rights of the United States in the land would be divested by the proceeding." It is claimed that the opinions given in 16 Wall., 603, and 22 lb., 444, do not apply to the grant in question, because the provisions relating to such expenses as to other grants were in amendatory acts, which enlarged the original grant, and were accepted by the grantees. It can hardly be claimed, however, that the decisions were placed upon that ground. It was expressly held that the provision must be applied to the old grant as well as to the new one. NORTHERN PACIFIC RAILROAD COMPANY. 17 Souie streHS seenis to have been given to the fact, alike true in this case, that the loafl had not been built at the time the amendatory act was passed. (16 Wall., 608.) The fact that the patents issued to the company in 1873 were issued without re- quiring payment at the time of delivery, underthe circumstances before stated, aflfbrds no just or <'(initable reason for a refusal on the part of the company to now comply with the plain requiiements of the acts referred to. It was perhaps as much the duty of the company to offer payment as of the Depart- ment to require it. It is difficult to see how a mere delivery of the patents could be a waiver of pay- ment, or a discharge of the indebtedness of the company to the Government for the expenses incurred. It cannot be found under the circumstances of the delivery that there was any in- tention to issue the patents without payment. If it is true that the act of July 15, 1870, is a valid act, and it must be so held by this Department until otherwiso adjudicated, then there is no good reason why the company should not be held to pay such expenses. The company has not complied with all the conditions of the grant, and is hardly in a condition to refuse to comply with the acts referred to, upon the technical ground that it obtained or received a delivery of the patents without payment of such ex- penses being requested at the time. I am of the opinion that no further patents should be issued to the Northern Pa^ eific Railroad Company without payment of the cost of surveying, selecting, and con- veying the lands covered by th«> patents to be issued. And also, that further patents should be withheld until the $26,182..38 exj^ense of surveying and conveying lands already patented shall be paid. Notice was given by tlie Commissioner of the General Land Office to such company by letter to Mr. Mendenhall, its attorney. May 27, 1874, that no further lands would be certified for patents until the fees for surveying, &c., were paid, not only on the lands asked to be patented, but also on those already patented. I think this view should be maintained, and also that you should not recognize the right of the Northern Pacific Railroad Company to make selection of lands until payment is made as herein specified. Very respectfully, H. M. TELLER, Secretary. The Commissioner of the General Land Office (Indorsement:) 45140. General Land Office, received June 7, 18*2, from Interior De- partment. Secretary, dated June 5, 1882, transmits opinions on papers submitted April 28, 1882, relative to the further issuance of patents to Northern Pacific Railroad Company. Edwards, June 10, 1882, copy to George Gray ; Mendenhall advised. In- structions to railroad along line of grant fri>m Minnesota to Washington Territory, inclusive, not to receive selections until further orders. File with Northern Pacific Railroad papers. S. R. E. Referred to Division F. Gray's argument returned with this, filed in its proper jacket. 1882 See 1882. 28, 108 93, 154 (11.) Department of the Interior, General Land Office, Washington, D. C, June 10, 1882. Sir: I inclose a copy of the opinion of the Secretary of the Interior, dated the 5th instant, respecting the liability of the Northern Pacific Railroad Company for the cost of surveying and conveying lands granted to said company. Following the directions therein contained, payment of such costs will be required before the issue of patents to said company, and no further patents will be issued until the amount due upon lands patented in 1873 ($26,182.38) is paid. Neither will further selections of land by said company be recognized until the above amount is paid, and the local officers of the proper districts have this day been instructed to de- cline to receive such selections until further orders. Very respectfully, N. C. McFARLAND, ^ , Covimissioner. George Gray, Esq., ' General Counsel Northern Pacific Railroad Company, No. 2 Nassau Street, New York, N. Y. S. Ex. 126 2 18 NORTHERN PACIFIC RAILROAD COMPANY. (12.) Dkpartment of the Inteuiok, General Land Office, Washington, I). C, June 10, imz. 8iu: You are advised that a copy of the opinion of the Secretary of the Interior, dated the oth iiistaot, respecting the liability of the Nurtheru Pacilic Railroad Com- pany, for the cost of surveying and convening lands granted to said company, has this day been transmitted to George Gray, esq., general counsel, at New York City. 1 have also informed Mr. Gray that following the directions contained in said opin- ion, payment of such costs will be required before the issue of patents to said com- pany, and no farther patents will be issued until the amount due upon lands patented in 1873 (126,182.38) is paid. Neither will further selections of land by said company be recognized until the above amount is paid, and the local officers of the proper districts have this day been in- structed to decline to receive such sele<;tions until further orders. Very respectfully, N. C. McFARLAND, Commissiiyner. W. K. Mendenhall, Esq., A Horn ei/ for Northern I*aoiJic Railroad Company, Washing ton, D. C. H'i.) Department of the Interior, General Land Office, Washington, D. C, June 10, 1882. Gentlemen : Pursuant to the direction of the Secretary of the Interior, in his let- ter of the 5th instant, that no further selections of land under the grant to the North- ern Pacific Railroad Company be recognized until the costs of surveying and convey- ing certain lands patented to the conji)any in 1873 are paid, you are instructed to decline to receive such selectibns if any are presented until further orders. Verv respectfullv, N. C. McFARLAND, Comniiiislott(yr. Register and Receiver, Miles City, Mont. Instructions similar to the above were sent to the local officers for all the land diB- tricts in which the grant to the Northern Pacilic Railroad Company is situated. (14.) [Office of the general counsel of the Northern Pacific Railroad Company, No. 2 Nassau street.] New York, September 18, 1882. Sir: I have the honor to inform you that the Northern Pacific Railroad Co)npany has this day paid to the Treasurer of the United States the sum of |26, 182.38 for cost of surveying, selecting, and conveying 743,900.04 acres of land in Minnesota, for which patents issued to this company in 1873 as per letter of the honorable the Commis- sioner of the General Land Office, of date March 29, 1882, and by reason of your de- cision of date June 5, 1882, a copy of which was transmitted to me by the Commis- sioner, with his letter of date June 10 last. And I beg leave to say that the payment is made by the conipany under protest, and without waiving any rights it may have in the premises. I have the honor to be, with great respect, your obedient servant, GEO. GRAY, General Counsel Northern Pacific liailroad Company. Hon. H. M. Teller, Secretary of the Interior. (Indorsement :) 2802. M. 76835. Department of the Interior. Received Sept. 19, 1882. L. and R. R. Div. Rec'd Oct. 4, 1882. Geo. Gray, general counsel of Nor, Pac. R. R. Co., New York City, 18th Sept., 1882. States that the company has paid to U. S. Treasury $26,182.38 for cost of surveying, &c., lands in Minnesota within grant limits. Oct. 6, 1882, Mr. Gray requested to furnish duplicate C D. File N. P. R. R. papers. S. R. E. NORTHERN PACIFIC RAILROAD COMPANY. 19 (15.) Department ok the Interior, General Land Office, Washington, D. C, October 6, 1882. Sir : I am in receipt, by reference, of your letter of the 18th ultimo, advisinir the Secretary of the Interior that the Northern Pacific Railroad Company had that day paid to the Treasurer of the United States the sum of $:a6, 182.38, as cost of surveying and conveying certain lands in Minnesota for which patents issued to said company, which amount was held by this office in letter to you of March 29, 1882, and by the Department under date of June 5, 1882, to be due from the company under the act of July 15, 1»70. In order that this payment may be made a matter of record here iu due form, I have to request that the duplicate certificate of deposit be forwarded to this office. Very respectfully, N. C. McFARLAND, Commhsimi(T. Geo. Gray, Esq., General Counsel Northern Pacific Ruihoad Company, No.'i Nassau Street, New York, N. Y. (l(i.) Treasury Department, Office of the Secretary, IVashiiigton, D. C, December b, 1882. Sir: In compliance with your request of the 2d instant, 1 forward herein a duly authenticated copy of a certificate of deposit made September 21, 1882, l»y the North- ern Pacific Railroad Company, in amount |26,182.:^8. Respectfully, H. F. FRENCH, Jsaisfaiit Secretarif. Hon. N. C. McFarland, Commissioner General Land Office. (Indorsement :) Treasury Department. Assistant Secretary, December 5, 1882. Forwards authenticated copy of C D made by N. P. R. R. Co., to the amount of $20,182.38. Referred to Div. F, Dec. 8, 1882. ' J. W. D. Dec. 14, l8r-2, to R. & R. along line of grant, recalling instructions of June 10, 1882. Memlenhall advised. File with N. P. K. R. Co. papers. F. R. E. (17.) United States of America, Treasury Department. December 5, 1882. Pursuant to section 882 of the Revised Statutes I hereby certify that the annexed is a true copy of an original paper on file in this Department. In witness whereof I have hereunto set my hand and caused the seal of the Treasury Department to be affixed on the day and year first above written. CHAS. J. FOLGER, Secretary of the Treasury. No. 27030.] Treasury of the United States, Washington, D. C, Sejytembei' 21, 1882. I certify that Northern Pacific RaiI»oad Company has this day deposited to the credit of the United States $26,182.38, on account of cost of surveying 743,906.64 acres of laud in Minnesota under act approved July 31, 1876, 19 Statutes at large, page 131, for which I have signed duplicate receipts. A. N. \VYM4N, Assistant Treasurer United States. $26,182.38. ' ■ The original in all cases to be transmitted to the Secretary of the Treasury at Wash- ington. 20 NORTHER>f PACIFIC RAILROAD COMPANY. (18.) Department of the Interiok, General Land Office, Washinyton, D. C, December 14, 1882. Gentlemen: The Northern Pacific Railroad Company having paid the costs of sur- vey referred to in my letter to you of June 10, 1882, the instructions therein are re- called. Very respectfully, N. C. McFARLAND, Register and Receiver, Commissioner. Miles City, Mont. Instructions similar to the above were sent to the local officers for all the land dis- tricts in which the grant to the Northern Pacific Railroad Company is situated. (19.) Department ok the Interior, General Land Office, Wttfihington, D. C, December 14, 1882. Sir: You are advised that by letters of this date I have recalled the instructions of June 10, 1882, to the local officers along the line of the grant to the Northern Pacific Railroad Company not to receive selections of land by said company. Very respectfully, N. C. McFARLAND, Commissioner. W. K. Mendenhall, Esq., Attorney Northern Pacific Railroad Company, Washington, D. C. (20.) Northern Pacific Railroad Company, President's Office, New York, February 12, 1886. Sir: Application was made by this company to the surveyor-general of Dakota for a statement of the cost of surveying lauds in Cass County, Dakota, in pursuance of subdivision 7 of the circular instructions, November 7, 1879, in order that the com- pany may pay into the Treasury of the United States the sum due for surveying. I am advised the surveyor-general is awaiting special instructions from your office be- fore furnishing the statement. I therefore beg leave respectfully to ask that the surveyor-general of Dakota be in- structed to furnish this company with a statenient of the amount of the cost of sur- veying the said lands, to the end that the company may pay the same into the Treas- ury of the United States. Verv respectfully, your obedient servant, ROBERT HARRIS, President. Hon. William A. J. Sparks, Commiifsioner (General Land Office, Washinyton, D. C. Indorsement: 17386. General Land Office. Received February 13, 1886. Robert Harris, New York. Date, February 12, 1886. Subject : Asks that the surveyor-gen- eral of Dakota inform him of the cost of surveying certain railroad lauds. Referred to Division " F," February 13, 1886. J. E. Answered February 19, 1886. Answered March 9, 1886, with statement of costs. T. C. (21.) Department of the Interior, General Land Office, "trashing ton, D. C, February 19, 1886. Sir : In reply to your request of the 12th instant that the United Slates surveyor- general of Dakota be instructed to furnish you with a statement ot" the costs of surveying Lmds in Cass County, Dakota, in pursuance of subdivision 7 of circular of instructions <f November 7, 1879, you are informed that the statement of costs desired will be immediately i)repared in this ofiiice and transmitted to you. Verv resp» ctfullv, WM. a. J. SPARKS, CommisKioner, Robert Harris, Esq., /'resident Northern Pacific liailroad Company, New York City. NORTHERN PACIFIC RAILROAD COMPANY. 21 (22.) Northern Pacific Railroad Company, Presidknt's Op^fice, New York, February 24, 1886. Sir: I have the honor to inch)8e herewith copy of a leaolutiou of the board of directors of this company adopted at the meeting of the directors on the 23d in- stant, and, in accordance with said resolution, I Ley; leave to represent that the company is ready to pay the cost of surveying, selecting, and conveying the lands appertaining to constructed sections of the road approved by the President of the United States, and to request that you will direct patents to be issued to the com- pany for its lands already selected, and from time to time, as lists of selections shall be approved. I beg to add, that in regard to special application made by me to the Commis- sioner of the General Land Office to be informed of the cost of surveying lands in Cass County, Dakota Territory, with a view to depositing with the United States Treasury the amount of the cost, I am informed by th«i Couuuis^iout•r, under date of 19th instant, that the statement of losts desired will be inimodiHtely prepared in his office and transmitted to me. Very respectfully, vour obedient servant. ^ ' ROBERT HARRIS, President. Hon. L. Q. C. Lamar. Secretary of the Interior, Washington, D. C, (Indorsement :) 22,P41. General Land Office. Received February 27, 1886. Harris, Robert, President, New York, N. Y., February 24, 1886, incloses copy of resolution by Northern Pacific Railroad Companj-, and says the company is ready to pay costs of surveying, selecting, and conveying lands along constructed sections of company's road, and asks that patents be issued for lands already selected, «&,c. A. M. Depart- ment of the Interior, February 25, 1886. Respectfully referred to the Commissioner Oeneral Land Office for report. G. A. Jenks, Assistant Secretary. (23.) Northern Pa<ufic Railroad Company's Office, No. 30 Wall street, Neiv Yoric City, February 23, 1886. 1, Samuel Wilkeson, the secretary of the Northrrn Pacific Railroad Company, cer- tify that the annexed is a true copy from the minutes by me kept as such secretary of a meeting of the board of directors of said company, duly held on the 23d day of February, 1886, and that a resolution, of which the annexed is a copy, was on that day unanimously adopted by said board of directors; and to this certificate, for veri- fication, I affix the Corporate seal of said company. [SEAL ] " SAM'L NICKESON, Secretary Moithern Pacific Railroad Company. Whereas the board of directors, at its meeting held on the 16th day of November, 1882, adopted resolutions, of which the following is a copy, viz : ^^ Resolved, That the company shall proceed with due diligence to obtain patents from the United States, confirming the title of the company to the lands granted to it by Congress to aid in the construction of the road, as provided in section 4 of the charter, and the president is hereby requested and instructed to cause the necessary steps to be taken to obtain patents by reason of constructed r^ad heretofore approved by the President of the United States, and from time to time hereafter as constructed road sUall be so approved. And it is further '^Resolved, That thepiesident be, and he is hereby, authorized and instructed to cause to be paid into the Treasury of the United States the cost of surveying, selecting, and conveying said lands from time to time as such patents are issued or applied for, and^ that he make such payment, either umleK or without x>rotest, as he may deem best for the interests of the company." And whereas since the adoyjtion of the said resolutions the company has repeatedly applied to and requested the Department of the Interior and the Commissioner of the General Land Office to issue patents to the company for lands adjacent to its con- structed road, approved by the President of the United States, but the Interior De- partment and the Commissioner of the General Land Office have ever since the year 1882 uniformly declined to take any steps, or to permit any steps to be taken, towards the issuing to the company of any such patents ; 22 NORTHERN PACIFIC RAILROAD COMPANY. Aud whereas the conipauy is uow, and has been since the adoption of the said reso- lutions, ready and willing to pay the cost of surveying, selecting, and conveying the surveyed lands appertaining to coustructed sections of the road, which have been approved by the President of the United States under the provisions of section 4 of the charter : Therefore, Resolved, That the president be instructed to officially inform the Secretary of the Interior that the company is ready now, as it has been in the past, and will be in the future, to pay the cost of surveying, selecting, and conveying the lands, and to request the Secretary to cause patents to be issued to the company for its lands now selected, and from time to time as lists of selections shall be approved. (24.) DKPA.RTMENT OF THE INTERIOR, GENERAL LaND OfFICK, Washington, D. C, March 9, 1886. Sir: In accordance with my letter to you of the 19th ultimo, I present the follow- ing statement of the cost of surveys of'odd-numbered sections within the limits of the grant to the Northern Pacific Railroad Company in Cass County, Dakota: Field work. Office work. Town. Kange. Selected by Total cost j office and , company. Cost per Total. Cost per Total. field work, i acre. Cents. acre. i . Acres. Cmts. ._. . 1 130 49 4, 827. 80 2i $120 70 . i $24 13 $144 83 i 140 49 10, 902. 83 2| 299 83 54 51 354 34 j 141 49 10,781.39 3 323 44 53 91 377 35 : 142 49 10, 533. 71 3 316 01 52 67 368 68 ; 143 49 9. 800. 08 3 294 00 ^ 49 00 343 00 1 137 50 11,447.61 2i 286 19 i 57 24 343 43 \ 138 50 11,452.62 2I 286 32 1 57 26 343 58 i 139 50 11, 482. 24 2i 287 06 57 41 344 47 140 50 11, 320. 42 2i 283 01 |- 56 60 339 61 ' 141 50 11,554.63 24 288 87 57 77 346 64 1 142 50 11, 477. 14 2i 286 93 A 57 39 344 32 ; 143 50 11,533.52 2| 288 34 ^ 57 67 346 01 137 51 11,541.54 317 39 ^ 57 71 .375 10 1 138 51 11,513.10 2^ 287 83 ^ 57 57 345 40 i 13J. 51 11, .525. 66 2 288 14 \ 57 63 345 77 140 51 11,301.26 2i 282 53 X 56 51 339 04 ' 141 51 11, 612. 88 24 290 32 i 58 06 348 38 i 142 51 11, .525. 70 2i 288 14 1 57 62 345 76 i 143 51 .11,469.66 2 286 74 i 57 35 344 09 i 138 52 11,414.04 2J 313 89 ^ 57 07 370 96 i 141 52 11, 513. 20 2i 287 83 4 57 57 345 40 ; 142 52 11,486.76 2I 287 17 ^ 57 43 344 60 , 143 52 11, 403. 24 285 08 I 57 01 342 09 ! 137 53 11,502.32 2i 287 56 X 57 51 345 07 i ! 138 53 11, 478. 46 2i 286 96 h .57 39 344 35 1 139 53 11, 484. 38 2i 287 11 57 42 344 53 ! 140 53 11,527.47 n 288 19 i 57 64 345 83 i 141 53 11,496.22 2* 287 41 ^ 57 48 344 89 ! 142 53 11, 509. 02 2i 287 73 h 57 55 345 28 143 53 11,465.12 2| 286 63 ■ ■ 57 33 343 96 1 137 54 11,509.18 2i 287 73 57 55 345 28 j 138 54 11,471.47 2; 286 79 1 57 36 344 15 139 54 11,477.02 2; 286 93 57 39 344 32 1 140 54 11,581.04 2i 289 53 1 57 91 347 44 i 141 54 11, 530. 06 2I 288 25 ^ 57 65 345 90 j 142 54 11, 497. 43 ^ 287 44 57 48 344 92 143 54 11,514.48 2i 287 86 57 57 3-15 43 I 137 55 11,477.04 2I 286 93 57 39 344 32 : 138 55 11, 459. 60 2i 286 49 J 57 3^ 57 33 343 79 , 139 55 11,465.88 2I 286 65 ■ 343 98 140 55 11,501.06 2| 316 28 X 57 51 373 79 ! 141 55 11, 542. 92 2I 288 57 ^ 57 71 346 28 142 1 55 7, 666. 90 2 191 67 ^ 38 33 230 00 ; 143 1 55 11, 495. 16 2 287 38 X 57 48 344 86 ; 137 j 52 11,517.12 2 287 93 i 57 59 345 52 1 139 1 52 11,299.00 2 282 48 ; 56 50 338 98 : 140 i 52 11,298.02 2 282 45 56 49 338 94 1 142 ! 55 3. 836. 84 2 95 92 19 18 115 10 137 49 160. 00 2 4 00 80 1 4 80 ; 138 1 49 640. 00 529, 824. 24 2 1 1 16 00 3 20 1 19 00 1 •13,614 63 2,649 13 116,163 76 NORTHERN PACIFIC RAILROAD COMPANY. 23 1 also have to add that at the request of this office, in December, 1883, your com- pany paid into the United States Treasury the cost of surveying a list of 33,368.24 acres, situated in Cass County, Dakota. It now appears tliat the oPfioe erred in computing the cost of surveying the lands in said list. I tbt-refore presint the following statement, indicating th»r jnnount paid and the balance due, according to the readjastment : t 1. 1 |. _ 1 J.. i 1 Mills. 1 It •a 4 A_ ^1 MiUs. 1 1 ^1 Gents. Gents. 138 48 1, 085. 15 19 $20 61 2i $27 13 $6 52 n $162 $5 43 $3 81 139 48 1, 097. 09 19 20 84 . 6 65 83 44 99 H 1 63 5 49 3 86 140 48 1, 476. 35 19 28 05 H 92 28 64 23 H 2 21 7 38 5 17 137 48 686. 74 19 13 04 11 12 01 n 1 03 3 43 2 40 i 141 48 16,88 19 32 4 67 "' 35 H 03 08 05 1 137 49 11. 30.-. 23 19 214 79 2i 282 63 67 84 if 16 95 56 52 39 57 138 49 10, 903. 47 19 207 16 2i 272 59 65 43 H 16 35 ; 54 51 38 16 139 1 49 6, 797. 33 19 129 14 2i 169 93 40 79 n 10 19 33 98 24 79 633 95 923 07 •J90 15 Total due for office work 116 81 Deduct for overpay Dient of fleld work, to wiiship 137, ra uge 48 1 03 Total d ae for fi eld work 289 12 405 93 289 12 Ynrv respectfully, S. M. STOCKSLAGER, Assistant Commissioiutr. RoB.ERT Harris, Esq., President Nor'thern Pacific Railroad Company, New York. -J^