The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1880-04-02
NORTHERN PACIFIC LANDS NOT
PoRFEIrABLE.

| some INTEREST the proposed iorieituIo VI,
the Northern Pacific Land Grant recent
publications show that the Company doea
not consider its grant in jeopardy and ID
resting serenely In view Of what 1t terms
"a vigorous construction Of the law. II
appears that early In the session the Senate
adopted resolution Of inquiry asking the
Secretary OF the Interior /. What grants
Of public lands to Railroad Companies re.
manned incomplete through failure TO com.
ply with the conditions Of the grant /; Q
What companies had partially complied,
and to what extent have they complied, and
what just cause there Is why Congress
should not forfeit their lands 3. Where
just cause for forfeiture exists, and where
bona fds conveyances have been made to
purchasers for value, what legislation ID
needed to secure such purchasers In their
rights. ...
In response to this Secretary Schurz sub
mitted list OF sixteen roads whose grants
bad lspsed, but did not include the North
ern Pacific. the Atlantic and Pacific and
the Southern Pacific roads, which he held
"vers not considered a. falling pithin the
eatsgory Of grants liable to forfeiture" In
all other grants provision was made that
In case the roads were not completed with
In certain specified time the lands unsoid
or unpatented should revert to the United
States, and the Supreme Court Of the
United States had held that the grant was
void IL the conditions subsequent were not
performed. In the case Of tho three roads
cited, their charters provide shat in case
the companies fail to co1ply with the
conditions Of the charter, and such failure
continues for one year, then or thereafter
"the United States may do any ana all
such acts aud things which may be needfnl
and necessary to insure speedy complexion
of the roads. In the decision Of the In
terror Department under the acts and res
olutions Of Congress, it Is held that the
time for the completion Of the Northern
Pacific did not expire until July 4, 1879,
and by the terms Of the act Congress can
not take any action on 1t whatever until
July 4, 1880, and then only in such way a.
to ENSURE the speedy completion Of the
road"
The Secretary thereupon recites the diff.
hculties and embarrassments encountered
by the Northern Pacific and other roads,
and offers some cogent reasons why compa-
mics that have theoretically and honestly
endeavored to comply with the require
ments Of their charter should not be dis
possessed Of tho aid originally extended to
them ~ an encouragement to undertake
these great national enterprises, but con.
ours in the project to forfeit the lands OF
those companies that have made no effort
to construct their roads.
The Philadelphia New Northscsst, the
official organ Of the Northern Pacific Com.
pany, in comm snting on the above holds
that Congress, the Attorney General and
the Supreme Court must, and will, sustain
the view OF Secretary Schurz that after the
4th Of July, 1880, Congress cannot forfeit
the lands Of tho Northern Pacific land
grant, and can only enact such legislation
a. In necessary "to secure the speedy CON-
pletion Of the road" 1t says confiscation OF
lands, sale ut auction to the highest bidder
or at ten shillings an acre, or loading, limit
ing or restricting the Company in any way
will not encourage its " completion" but
to take temporary possession Of the unfin-
ished line and build it with government
money, or to say to the company, go on
and build rs fast a. yen cam" IL the only
legal way It can be reached.
Fortunately these are not the only ways
Congress can secure "the speedy mple-
ton OF tho road, )" ~ 1t Is, apparently, like
wise fortunate that Congress cannot for
felt the grant II Secretary Schurz 10 COR
rect In his Interpretation OF the charter
act, the continuous construction and early
completion Of the road IL assured.
But Congress can expedite the building Of
the road, do an act Of justice to the people,
bring the lands under revenue and comply
with all the demands now made by the
Northern Pacific Company by legislating As
suggested In this paper last week. The
Company should be required to definitely
locate its entire line this year and complete
1t In specified time or suffer penalties for
failure. Then the alternate sections held
in reserve for the Railroad Company should
be put on the market at once at 90. 80 per
acre, and % fast a. the Company entities
itself to this money It should he paid to It,
As 1t IL now the Company only gets it,
lands as Il builds each fifty mile section.
It has to build before 1t can get title to the
lands, and then, rs the Union Pacific does.
1t only takes out its patents as the lands
are sold and the remainder lies untaxed.
BY the method suggested the government
would be "insuring the speedy completion
OF the road" the Company would have
settled up the line in advance of the roads
construction, the embargo would be lifted
of the railroad lands, those who have set
tied upon and purchased the even numbered
sections would be secured, and the question
Of the eventual location OF the road would
be determined beyond doubt.
II this Ii not an equitable and just solu.
ton OF the problem within the terms of
the grant, We would be glad to have the
defect pointed ont.
..
We remember to have read OF an H.
land somewhere, tho residents of which are
all women, who have their own government
and live exclusive OF the outer world. In
view OF the Christiancy scandal aud the
probable divorce suit that will otherwise
ensue with all its filth published to the
world, II would Be blessed thing for the
United States government TO seek out this
feminine isle and entreat the admission
thereto Of Mr.. and Mrs. q. Age and ser
would render them harmless refugees, and
a. - 81