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



Daitg Oreeonsn of the 2lst ins, an ar
ticle retailing to the Northern P4citil
Railroad Company land grant, sub
scri'.el Judex This Judex. or "on'
who declares The law a. ne styles hia,
elf. evidently claims 10 be i,rgfr
and possessed Il Al tue legal kaowl
edge there Is npon the subject.
+ He very ul5testly commences h:- ar
t.c.c 10y saying that "lhe discussion il
the nea spa pers Of Washington Terrlto
~ Of the Northern Pacitc Railroad
Company's presen, aad prospective titl'
! to the lands claimed by IL un the lins
( OF its branch, and ~ right 20 earn land
on Us located lines Of construction. ha,
/ thus far proceticd on the part Of tht
companys enemies on an astonishing
ignorance Of the law, and Of the com
pany's franchise as created by acts ot
Congress"
Again he says: There is not law
ser in the United States iii TO practice
his profession who will not concur IL
these his Juiex] conclusions"
The assurance of this Judex is GER
tainly refreshing, bat his conclusions
are more ridiculous still. and his CON
Guiding statement that the branch will
certainly be built. I've the cost of over
coming the Cascade range whatever il
may" exhibits astonishing ignorance
of fact on his part; or Strong disposi-
position to preyaricate
The main conclusion that Judex ar
rises at 80 satisfactorily 20 HIMSELF. is.
that the time for the completion Of the
Northern Pacific Railroad does not ex.
pire until the i,h day of July. 1879.
This is great surprise to the compa-
ny no doubt, and if Judex can main
tain this position. he should be most
literally rewarded by the company.
Now. what is the fact BY the Sth
section of the act of Congress of July
-. 1864. i. is provided That the com
pany shall commence work on sad
road within two years from the approx
al Of this act By the President. and
shall complete not less than fifty miles
per year. after the second year. and
shall COTS ru ( and complete the whole
rod 10y he ith day of July, 1876"
by joint resolution OF May .th, 1866,
Congress provided That the time for
commencing and completing the North
ecn Pacific Railroad aud all its several
branches is extended for the term a.
two years"
As the law then stood, after the pas
sage of this resolution. the company
was required to commence work Oh or
/ before July 2d 1868. and complete the
entire road on or before the Ath dar at
Now comes the Join. Resolution Of
Congress of July lst. 1868, changing Z
thestime of commencing the work from
July I'd, 1868. To July 81. 1870. and the
completion If the road from July ith,
1879. TO July 4,h, 1871.
This Resolution does not profess TO
~, and Is not. an erteRSioH OF time, but
"A cj,.lAgc of time for both the commence
men. aud the completion of the road,
aud takes the place of all previous leg
islsiion upon the subject matter of time.
The Resolution reads as follows after
the enacting clause. viz: That each
and every grant, right. aud privilege
herein are so male and given TO. and
accepted by said Northern Pacific Rail-
road Company, to and upon the follow
ing conditions. namely: That the said
company shall commence the work On
said road Wi hin two years from and
after the second day IT July. eighteen
hundred ana sixty eight, aud shall
st.s ha a u
miles per Year after the second year
thereafter. and shall construct. equip,
furnish and complete the whole road
by the i.h day Of July, Ammo Domini
eighteen hundred and seventy seven.
There - certainly nothing ambiguous
about this resolution. and II is not pre-
tended that it has net been accepted by
and Is not binding upon the company.
But Judex says that the time Is ex-
tended from July i'h. lS1. To July ith,
1879 by virtue If the previous reSoin-
ton OF may ,tb. 1866.
Ordinary lawyers would suppose tina t
the resolution Of July lst. 1868. repeales!
by necessary Implication - much OF
any prior act as Was inconsistent there
with, bat Judex insists that the resolu-
tion III July lst. lS6s. is modified and
Smru,ied by the prsfiegs resolution oi
May 1th. 1866,
Now Iet us ,lisSoct his reasoning. or
/ rather bis sophistry.
) lie says tha. as the resolution of July
ist. ls6s. is ameudatory Of the eighth
! scesion If the act Of July I'd. 1864
I the amendment operates retro sipcctivcly
and takes effect IS of July 2d, 1854
that i. that il Was piece # aaaf 81.
lsnf legislation Certainly this Is a
+ new lea. entirely original With Jud,x.
! Bui seriously. 1t requires no very pro-
+ foEud juris, to determine ,he legal
I effect Il the resolution of July ~, 1868
So Ear "a tie at If Juiy 2d. 1864. and
the resolution It ". -. $50. : con
+ cerncd /, i this From sud after
and not prior to luly 1T. ls6s, ,he a.
s Of July ~. 1864, stands amended
- provided by the resolution II
question. There can 5e 10 ioub; aboU;
this proposition /, is not even detat
able. Eyen If Congress had the pow
+ er. there + nothing IL tue Resolution al
llly ist, iSos, giving II a retrospect
i've ess,-ce. " hen the act Of 1aly ad
Is6A. WAS amended liy tie resolution a
jaly !>.. lSjss. Il then hc,elne = ..ea
{ and altered act, differing from anst tot
4 Identical wsih the original Fhe reso
lation Of MAs sth. 1850. newer applied
70 or operated upoa the auiensird oi
changed ac,. oecau<e that sc, wss no'
In eAIstcncc until Jaly l,t ls6> Their
Instead oi the resolution of My .th
1855. operating upon ,ae saoSssa' 81