The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1880-03-13

The Commissioners Of the Gerersl
Land Office sfter referring TO the an
ou.lous chasasesr of the grants TO the
Northern Psei1c, the Southern Pscadc
and the Atlantic & Pacific roads, Gays:
"In other grsats provision was made
that. in case the rosds were not COM
pleted within certain specified tiDe..
the lands unsold or uDpatcnted should
revert to the United Ststes. and the
eject Of such Q reservation was consic.
cred ard eIaborateiy discussed BY the
Supreme Court in Schulssberg against
Hsrrimsn (21. Wallace, page ~, where
j, wss held that the provision VS. no
more than Q psovisioa that the grant
sbsuId be void II the ceodition subee-
ouent b not perfo. msd. Bat no such
provision 10 incorporated in the scts
granting lands to the Northern PeeiAc
and Atlantic & PsciAe (1ais hos) rail.
roads. In thess grsuts the only power
or right sesesyed to the 0ovsrnnsDt
will be fousd in the eighth and ninth
sections thereof. The first Of thoss
sections imposes certain conditioCs re-
ouired to be performed, and the second
declares that il csse the co0panies
make any breach thereof and allow the
came to continue Sor upward Of one
YEAR, then, in such cass. q any tine
thereafter, the United 6ea1es nay do
any ana all acts and things which nay
DO nesdfal and necessary 70 insure .
speedy eompletion Of ths roads. The
tine los the ceOplseioo Of the Atlantis
dePesiAe rosa ex pised. sedes its char
ter, July 4. 1873. It he'd then CON-
plesed 1875 miles. 80 Of which srs
situated within the Indian territory.
Nothing further. 20 far - this o@cs il
advised, has besn dSne toward CON-
pletien Of tho road. The time for the
con plotios Of the Southess Psei6e
RsilroAd expired also On said 4tb d
July. 1873. II had then constructed
232 miles. lying betweea San Jose and
Tres Piuos. In san Bsniio county. and
bet wecn Huron. in Tulare county. and
Molavs in Ksrn county. leaving On
intervening seetioo 81 ssbout 80 miles
to be constructed 10 order - make Z
continuous lins from San Jose to No.
have. Il bsd also fail. d to construct
its road from this last named point q
the eastern boundary OF the State. %
estimsted distsncs Of about 200 miles
The question a. 70 when tho time fol
the com plstion Of the Northsrn Paci6'
Haiirosd expired Vas fully coasidsysd
and kAssrd upon By tho department Il
the decision II June IL. 1879. It VA
held that under section 8 Of the act o.
July 2, 1864, ~ modified and amended
by Joint resolution Of NAY I, 1860 "a
stats. 355). and joint resolution Of JULY
i 1858 tl5 stats. 255). the time for th'
0mpletion Of tho rnsd did not sxpir'
until July 4. 1879. and that undel
section 8 Of the original act. DO pro-
ceediDgs can be taken until one yea,
thereafter, namely. July 4, 1850. Thi
appears TO Be the only proper construc
ton 10 be pl.ced upon the grant, and i
that DO 50, then the time when Con
gress can take action has not arrive d
But, as stated above. the grant ceno
clearly within the purvisw Of the drs
inquiry of the resolution. for the tim
within which the road Vas required 4
have been completed hes already pass
cd. Tho company was met sooo ate
beginning operations By the Anaocia
depression OF 1873. BY which it was o
crippled - to interfere for ssvefa
years with the progress Of its work. ]
is. however, rs.estsblished. end Il pros
scuting the work begun IN 1871. On,
there 10 rssson 20 believe that the roat
will b completed % son - practice
ble."