National Republican. (Washington City (D.C.)) 1872-1888, 1874-03-31
SECRETARY DELANo AND THE BUR.
LINGT0N AND MISSOURI RIVER
RAILWAY, GRANT. - - ial.-5 !

IChieAeo lntsr-0eean, March NJ fg
10 ne Bduer u he Istes-0esas. q
SIN: On the 18th Of December, 1871, Secre-
tary Dclano rendered . decision in relation to
the grant Of land made to the Burlington and
Missouri River Railway Company to enable Il
to make . connection between its road and the
Union Pacific railway ct Q point not further
west than the Tooth meridian of longitude.
Referring to the section making the said grant,
he said: ,E ~ t-s
"said section grants to said company every
alternate section Of public land (exceptng
mineraD designated BY odd numbers to the
amount Of ten sections per mile on each side Of
said road on the line thereof, etc., etc. In con-
strung this language, Mr.. Secretary Harlan,
In his letter TO your Office Of March 8, 1855,
held that said granted sections were to be st-
uated - near TO the line Of said road q prSc-
tieable, 20 - 10 include quantity equal to
twenty sections pr mile for each mile Of said
road. Neither the Get nor his order makes
any mention Of the lateral Limits within which
said sections must lie. 81, ....-. -. +. 3 n;
"Secretary Browning, however, In his letter TO
your Office Of December II, 1865, held that said
grant must be construed - embracing only
such odd numbered sections Of public land Is
lie within twenty miles on each side Of tho line
Of road designated on the map fled BY said
company. On the 25th Of January, 1857, he
expressed his adherence to the interpretatiou
Of the 18th December. In view Of these con.
hictin2 decisions, am asked to review the
question involved. Amer the best consideration
have been able to give the subject, am Of
the opinion that Mr.. Secretary Harlin's con-
struction Of the section of the act was.the cor
rect one; that no lateral limits having been
specified In the act, the department has no
authority 70 hx any and that the company
should b allowed to 60 - far on each side Of
.s ss soaa :. may Ss p. to obtain the
Mr.. Secretary Delano has been severely and
unjustly censured by eome of the correspond
euts Of the press in this decision. Tho facts
relative TO the grant arc these: Th9 grant was
made BY an amendment % the Pacific railway
act Of 1854. The amendment vas first drawn
giving to the Burlington and Missouri River
Railway Company for the purpose Aforesaid
the same grant Of lands and United State:
bonds that was given TO the other branches Of
the Union Pacific Railway Company. The
Hon. Thaddeus Stevens was then chairman of
the Committee on the Pacific Railway, and
when the amendment was presented to him he
objected to II on account of the provision grant
ing United States bonds. He said: ave will
not load the bill down with another bond, but
We WIN give you al the land you want II you
will only make thu road"
form above described, was considered and sp-
proved BY the committee, and became part Of
the act. As no bonds were granted, and - the
grant would be overlapped by the one to the
Union Pacific railway, 1t was deemed necessary
and proper to enlarge the limits within which
selections could be made, in order TO make the
concession one of value. The Immediate OBJ
jects Of this grant were to secure to southern
Iowa direct connection with the Union Pacific
railway, and to do this through the salt regions
of Nebraska, which were much talked about at
that time, and which the not distant future
will show to be Of vast importance to this Yves
tern country. ..-.-9,. rH.s
Tho legislation relating to this grant was
had without consultation With the company to
which Il was made Il was effected q .
matter Of great public concern to the people of
Southern Iowa and Of Nebraska. The company
did not ask Il, and long hesitated about &C.
cepting n, nor did II take active steps to secure
and render Il available until It had ssut COM
mission out 10 examine the country, In order
to determine whether or not the grant was Of
value, % little, Ct that time, was known of the
real worth Of the country through which the
linz pasaes.- The grant was accepted, and
with It, aid, Southern Nebrasks has has run
ming from the Missouri river to Fort Kearney,
via the capital Of the State, ono Of the bet
constructed railways In the West. The COM
pany owning Tho roed b hbefal in IL general
policy and Ia IT, treatment of Immigrants. II 10
doing moro to settle MP and develop Neoraska
than all other Agencies comhinAd. 3I4ESF
Last year Il spent t2o0, 900 In bringing Ne
braska, he land, and advantages, to the knowl-
edge Of the people Of this country and Of Eu-
rope. Tho construction given to the grant by
Secretaries Harlan and Deiano was undoubtedly
correct; and, whatever may be said Of the wis
dom or policy Of tia grant, has nothing to do
with their action. Il was their duty to admin-
istsr ne law, not 70 make Or 70 rnmake +; l
facts, and - matter Of dmple justice to .
public oacer who has, IN this regard, been I'm
Justly attacked. Such attacks have become %
common In this country that Il seems 10 me 10
be the duty Of every citizep whom be knowsons
to be unfounded to give the facts TO the public,
even ct the risk Of bringing censure upon him
self. JAnIs r. WusoH.