The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1877-06-25

pugna1t 70 prior One. necessarily re-
pea!s the former. slth7ugh i 10 not 10
80 III terms And s.ain the same au-
thor say. 1t has been repeatedly de-
clare,i thai every statute l., by implica-
ton. repeal of ell prior statutes. 50 far
as il i contrary and repGgnant thereto,
and this without repealing CLAUSE. etc
See Sedgw.ck on the construction of
statues etc, rage loi
Again, If twO sta.utts relate 10 thc
same subject matter. though not in
terms Fepugnant or inconsistent. If the
latter one Is plainly intended 20 pre-
scribe the Only rule that shall govern,
it will REPEAL the earlier.
See Sacramento ". Bird, 18th Ca.
page 29i
Swan rs Buck, 4oth Mss, page
26s.
Weeks vs. Tslcot. 18th Grey. page
"a
Blt if the position of Judex as TO the
limitation Of time for the completion Of
their road. i satisf ,ctory to the North
ern Pacific Railroad Company, let them
act upon it.
We know full well. however. that
this bomba>t Is tut blind and that at
an early day Of tile first session of the
next Congress. that company will re-
new their efforts for further extension
Of time
No newspaper or individual tina: We
are aware OF, opposes al extension Of
time. with suitable restrictions. on any
line of road that company in good faith
propose 10 build.
What our people complain Of and ob
Ject To. Is the withholding of the public
lands from settlement, OH lines that the
company have abandoned or do not pro-
pose 20 build
1t i true that the grant 10 this com-
pany Was a grant ia Prsse'sts. which took
effcc: and attached to particular and~,
upon the location OF the road, and the
filing of plat thereof. in the office Of
the Commissioner Of the General Land
Office. 1t Is also true. as claimed by
Julex that this title can only be dives;-
ell, upon breach Of the c0hiuioas sabsc-
qaent, by All act of Congress or the
OF competent court.
See ScSulenberg 1t. al. RS. Hartman,
2lst. Wallace. page Al.
For that reason among others, the
people Of Washington Territory. d.
mand a> an act of justice. that all lands
on the maiu line of said road north Of
the adjusted limits of the earned lands at
or near Tacoma. and all the lands on the
branch road shall be restored TO the gov
crnment 10 be dealt with AS other pub /
i.c lands. This must be made one of :he !
conditions of an exteniion of time, and
incorporated INTO the act granting such /
eXteution
Judex says. the company propose 10
build n road over the Cascade Mount !
friivIer, We say they DO not. The com.
pany have said SO repeatedly. and .
all their action, and doincs
CO firm this repeated statement. True, /
on the aith of May last, they filed a
map of new branch line from Tacoma
to the mouth of Snake river ria the .
Natchess Pass. but every one knows +
tha. this was for the purpose of laying
the foundation of claim 10 earned .
lands for the building of the Tacoma
Coal Road that the route is entirely /
and So completely SO
that no survey even was made of this
route This c0al road is wholly within
the limits Of the earned lands of the .
upon their main liue, AMI If
lands are secured by the company for
the building Of this coal road. they
must be obtained north of Tacoma, in
King, ki,sap and Snohomish counties.
The article of May llth last past, in /
the Daily Pacife Tribnne. to which
Judex refers was mainly in opposition
to this scheme. and yet Judex without
touching the main question. flies off on .
Il tangent upon a legal quibble. and
one entirely immsterial TO the main .
point At that
Perhaps Judex will favor us with Ar
other learned di.quisition justifying
this attempt on the part of tue y. i. .
K K Co. 10 obtain 90. 600 acres Of
the public lands in King, kitsap and .
Snohon.,sh counties. foI building thirty
one miles If local coal road in Pierce
county, within the limits of the earned .
lands of the company on their main
line MALVERN.