New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-03-07
L1PSEU LAND GENTS.

The Joint resolution offered by Mr.. Joyce,
of Vermont, declaring forfeiture OF land grants
to RAILWAYS where the conditions OF those
grants have not been met, receives general
approval. What criticism of it has appeared
has not been creditable or intelligent. by
some il il supposed that the resolution aims
to deprive solvent and active companies of a
nlrt,G the. layd 52 which they are really en-
resolution may be aimed at particular COM
pany. But these are complete misapprebenslons
The resolution simply supplies technical de-
feet in existing statutes, and gives force to pro-
visions of law which were originally intended
by Congress TO be, and have been accepted by
the companies as essential conditions OF the
grants made to them. Ii affects no company
which has not according 10 the terms OF its
grant, clearly forfeited its right to the land
condItionally given. The Commissioner of the
Land Office, LII his last report, states very
clearly the reason for this resolution. He saws
that most, if not all grants, contain clauses
Limiting the time within which the work Of
building the roads shall be performed, and
"recite that. in the event of the failure on
"the part of the companies to con,'lS with
" the conditions imposed" the lands Shall re-
vert to the Government. "a case EVOLVING
this question was brought to the Supreme
Court from Wisconsin, and tina. body,
cat It's October term of 1874, declared
THAT such clause is condition subse-
"quent" The propriety of such a condition
will by no reasonable person be denied. The
Government might make, and has in fact
made, grants to companies which proved finan-
cially unable to carry on the work contem-
plated even with the Government aid. NO
one will pretend that, in such case, the
lands should remain forever at the disposal of
the parties whose inability had been proved
or whose project had been found impractIca-
bic.
The need of the resolution springs from the
decision lust mentioned Therein it was stated
by the Court that " Ill the present case no ac-
ton has been taken. either by legislation or
judicial proceedings, to enforce forfeiture Of
" the estate granted" The forfeiture is com
plcte. in contemplation of the law making the
original grant, and yet some legislative dec
laratiOn or judicial ascerainmcnt Is nee
essary to restore the title to the Gov
eminent. Judicial proceedings in every case
would be obviously unnecessary and costly.
Separate acts Of Congress applicable to each
case would be absurd. The resolution simply
provides the legal form for enforcement OF the
original condition of the grant, and the for
fixture which has already taken place.
The only intelligent objection to the resOlu
ton which we have yet seen is made by The
Railwav Age, journal not uEnaturally III
strong sympathy with the projectors of rail-
WAYS. II points ont the benefits which have
been conferred by such grants i'll some cases,
shows that the value of the lands remaining
to the Government has been enhanced by the
building of the RAILWAYS, and pleads that the
grants should not, therefore, be forfeited as
long as there is reasonable prospect that
other contemplated roads may be built But
this is a complete and understandable change
of the policy of the Government. That policy
has been TO make that the country should
reap the benefits resulting from a completed
road as a condition of Government aid. But
the theory of The Age, if adopted, would
leave lands subject to the manipulation of
railway projectors for an indefinite term OF
years on the bare chance that they might at
some future time become able to build. III the
reasoning suilices to prevent postponement for
one year. after the original condition creates
a forfeiture, it may as well warrant postpone
ment forever.
The true policy undoubtedly is that in all
cases where a railroad has failed to comply
with the conditions of the grant, the land 80
granted should revert to the Nation. Justice
to the people demands the rigorous enforce
ment of the bond The National domain was
recklessly squandered Oh certain conditions,
which have not been fulfilled To reclaim
these lapsed land grants now for tho bene-