New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-02-23
RECOVERY OF LAND GRANTS.
TWELVE MILLION ACRES AT STAKE.

A CHANCE FOR THE GOVERNMENT 10 HECoNfE
TurN-BuL BEFORE CoNGREss-GRANTs TO
PACIFIC ROADS.
[FRoM THE REGULAR CORRESPONDENT oF THE TRIBUNE
WASHINGTON Feb. Representative Joyce, OF
Vermont has introduced IN the House JOINT reSo-
luton "declaring forfeited all grants ol donations
of public lands to railroad aud other corporations
where the conditions Of the grant have been Vio-
lated or not fulfilled and approprating said landH
30 forfeited to the use Of actual settlers aud TO edit
cation in the several States and Territories az may
hereafter be provided by law, with protection to
bona iide purchasers
The portion Of this resolution which declares n
forfeiture OF grants to railroad companies when
have not fulfilled the conditions Of the gift OF the
United States is very necessary one. Although moro
than eighty railroads have obtained Government
aid in the shape OF land grants, and the
amount of land thus contingently given
away is more than 21jO0O,o00 acres, the
grants 10 only FIVE roads have been fully
adjusted and those to only four Others have been de-
clared forfeited Out of the 900 900 acres OF land
granted only AZ S47, 403l2OO acres have been GER
tilted and patented, and of these a portion have
never been earned.
The necessity of passing resolution like that pro-
posed by Mr. Joyce, is shown bv decision OF the
Supreme Court of the United States to when the
commissioner of the General Land Office calls at
tention in his last annual report. He says:
large number of grants for railroad purposes rave
expired by limitation, the TO IDS Tor whose behc. 'ntS
riod nrescIihrd bv law and desire to invite attention
10 this subject, witch. though d Sewing OI spcA Con
sideraOn has hereto ore never been preseh'" 10 No"
-,-.- ,...,,,,.a. .I,a
Most if not all, grants contain clauses limiting me
time within which the work of building the roads snail
a performed, and recite that, in the event OF iInfs
on the part of the companies to comply WIN
the conditions imposed "the lands sh, reT rcs
70 the Government" case involving inns qucS
tinn was brought to the Supreme Court IRON
Wisconsin, and that body, at It's oci3 ,I
lands upsod shall revert to the Government or the
road be not completely is condition subsequent peiIg
in eject provision that the grant to the extent OF the
lands unsod shall be VOID II the WORK desishaeu "o ~
done within The period prescribed. l., ,,.,, ..o
After some discussion 20 the manner IN whlcn ile
reserved right OF the gTantOr for breach OF the condition
must he asserted 10 restore the estate, hc t0urt
saws: the present case no action Las "ccn llh'n
either by legislation judicial proceedings To enforce
forfeiture of the estate granted (5ehuIehpers e' al
agt. Hartman, 81 Wall, 44D -.
conditions subsequent, and cannot operate nhlla
declaration OF forfeiture either by some Jndcii Ioceeu
ngs authorized BY law or ~ irSSatte a.,c[@9 th d
be not enforced the title remains unimpaired III the
grantee.
table condensed from one published "a an ap-
pendix 10 the last report Of the Commissioner oil
the General Land Office shows which of the railroad
companies having grants Of land have failed to
comply with the conditions Of the grants; the guam
1tv OF land originally conceded the length OF road
built the amount of land earned and the amount
certified and patented. II will he seen from this
table that of the last TWO items. the second Is the
greater. This is explained 10y TIE fact that IT was
AT ore time the practice of the Land Office TO issue
patents TO railroads before the lands were earned.
This is no longer done. The table is az follows: