The teller. [volume] (Lewiston, North Idaho) 1876-1878, 1877-06-02
RAILROAD LANDS.

give the masses correct understandin
of the situation of the land grant to th
Northern Pacific Railroad Company
Here comes the Historian, which
generally we'll informed sheet, wit
r the following erroneous statement, OF
cupying the most prominent place i
the paper:
'The Northern Pacific Railroad gran
expires next month. The extra session
Of Congress has been postponed unit
next October. The land grant the
must expire in June and the lands re
vert to the Government; and will b
open for settlers. AS we understan,
the matter this gives immigrants
good chance to settle on the best land
and get them cheap. If Congress re
news the grant in October, it canno
effect those who shall settle on the land:
between juno and the time of renewal
Good lands arc open for settlement al
the way from Hampton to Lewiston
along the Columbia"
1t is impossible for us to SO regard
the situation. The original grant to
the N. Z. Il. r., which was approved
July 2, 1864, provided (l3 U. S. Stat,
utes, p. $40, sec. 81 that the company
should construct, equip, furnish, and
complete the whole road by the fourth
day of July, A. ID. 1876"
On the 7th day If May, 1866, the
President approved "a resolution ex-
tending the time for the completion
of the Union Pacific Railroad, Eastern
Division" There are two sections to
:his resolution. The second section is
Us follows: Sec. 2..-And be it further
resolved, that the time for commencing
aud completing the Northern Pacific
Railroad. and its several sections, is cx-
tended for the term of two years" Ii
u. S. Statutes, p. 355, sec. % The
plain meaning. of this resolution is that
the company were given until July 4th,
1873, to complete the road. This res
oiatton has neuer been repealed. On
tnc lst of July, 1868, resolution
amending the eight sectioa Of the or G.
inal act of July 2, 1864, was approved.
(l5 u. S. Statutes, p. 1850 1t pro-
vidcs that the company ''shall construct,
equip, furnish, aud complete the whole
road by the 4th day of July, A. D.,
1877" but it fails to expressly repeal
all acts or resolutions which conflict
with it. This commission, the railroad
company claim, works to their advan-
tase, aud gives them the right to hold
the grant until the 4th of July, 1878.
We deem their Claim legal as we'll as
al equitable onc, and We have no boubt
the courts will Sustain their view of the
matter.
To advise immigrants that they
can go upon the odd sections within the
limits Of the railroad withdrawal, with
the hope and expectation of obtaining
title to the lands under the presumption
or other land laws of the United States,
is to cause all who follow the advise GER
tain disappointment, and almost endless
litigation. The statutes Of the lands
covered by the grant of the N. p. Il. r.
Co., has been q matter Of special study |
with us for several years, and we are |
sorry to state that, in our judgement, if
the time for the completion of the road
expired without question next July, it
would be years before the land covered
by the grant, could or would be restored
to settlement. There are but two ways
in which they can be restored; first, by
act of Congress; second, by the decision
Of the Supreme Court of the United
States. History records the fact that
both of these bodies move slowly in
such matters.