Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1874-06-13
OLYMPIA. SATURDAY MORNING. JUNE IS, lNi
SETTLERS ON RAILROAD LANDS.

settlement was made after the filing OF
the Mat of the Northern Pacific Railroad
with the Commissioner of the General
Land Office and before the order and
notice of such action was reccived at the
district land offices, was published by
us several weeks ago without comment,
rs the provisions seemed so plain that
anybody possessing ordinary intelll-
gence could understand them. Since
that time, however, our attention has
been drawn to an article i'll the Walla-
walla Union, on the subject, which be-
trays either the ignorance of the VIII
ter or malicious intent to injure Judge
McFadden, who introduced tie bilt:'
The ruling of the Secretary of the In
terror on the railroad land grant, created
no little alarm, among the claimants
whose interests were affected by it.
1t would, if enforced. have deprived
hundreds Of settlers of their homes and
labor. 1t is not strange, therefore. that
the decision is odious to the people.
The editor of the Inion. prompted
doubtless by sectional jealousy or parti-
san spite, endeavor to create the I'M
preston that Judge McFadlen's bill
legalizes the ruling of the Secretary in
the premises. He says:
THE first section, in effect, gives legisla-
tive sanction to the ruling of the Secretary of
the Interior, that withdrawal of lands for
railroad purposes took effect on the day the
CompanV filed. with him. Il map of the sup
posed route. 1t gives the force of an act of
Congress to an eJpGJte decision OF the Sccrc-
tary. that has deprived thousands of settlers
OF the labor of years of toll on the frontiers
Now this statement is made by one
who had before him at the time of max
ing it the bill itself. containing this Ian
guage: "And provided further, That
this act shall not be construed so as i'll
any manner to confirm OF legalize any
decision or ruling of the Interior De-
partment under which lands have been
certified to any railroad company when
such lands have been entered by pre-
emption or homestead settler after the
location of the line of the road and prior
to the notice to the local land Office of
the withdrawal of such lands from mar
ket." After this showing, the following
statement even will scarcely create sur
prise in the minds of those familiar with
the subject:
cit does this by providing that all the pre-
emptors and hoinesteaders affected by that
ruling may take other Government land
prorided, that they will give up all right to
the land they have occupied for years.
The reverse of this true. as will be
seen by the bill itself, which we publish
elsewhere. The railroad company may
take otLer lands in lieu of that in pos
session of actual settlers, by first relin-
gushing whatever rights it may have
acquired under the grant, and the set
tiers remain in possession and perfect
their titles under the presumption and
homestead laws. This is the only con-
struction the language of the bill war
rants. 1t is in accordance with the
plain and ordinary meaning of the words
used, and it effectuates and carries out
the object of the bill as expressed by its
title-to relieve settlers on the public
lands-which no other construction
would do.
The Union published the greater por-
ton of the bill, and that it understood
the object to be for the relief OF settlers
is indicated by the fact that it omitted a
portion which, if given, would have
make its construction appear ridiculous,
and at once have satisfied the public that
it was bearing false witness against its
neighbor. The portion omitted reads
as follows: "Provided that nothing
herein contained shall be in any manner
be SO construedas to enlarge the grant to
said railroad" This proviso. when i'll
serted where Improperly belongs, would
make the bill read. under the LntOn S
construction. that the actual settlers,
pre-emptors and homesteaders. may
take other Government lands within the
grant not otherwise appropriated, pro
vided that nothing herein contained
shall be so construed as to enlarge the
grant of said railroad" It is evident
that unless the words "actual settlers
and "such railroad" are convertible
terms, that there can be no sense in the
construction contended for by our con-
temporary. Again, if the settlers are
required to give up their lands because
situated within the limits of the railroad
grant, then, as a matter of course, the
railroad grant remains intact, just us
Congress fixed it, and is not affected by