The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1881-05-27
THE RIGHT OF WAY.
Title Being Acquired Slowly on the Northern
Paeihc.

Mr.. Shaw, Right Of Way agent of the
Northern Pacific Company, has conferred
with nearly all the land owners betwe, n
Mouth of Little Blackfoot and Bear Mouth
~ to securing title to the lands of settlers on
even numbered sections over which the road
Is located. He has found them uniformly
courteous, but has been able TO procure title
TO only few, as he deemed the prices they
demanded for the land too high-ranging
from $50 TO 500 an acre for the ground re-
qured for the company. The actual amount
Of ground taken does not In all instances rep
resent the loss sustained by the land own
in its being taken. In fact, this is the case In
but exceptional instances The segregation
Of different portions OF farm by railroad
track, especially where there are heavy cuts
OF fills, and the isolation of limited area OF
good land from the body OF which 1t was
part, with the necessity of new fences, eros
sings, etc, come into account, and this IN
more particularly the case where cuts are
made through lands that have TO be irrigated
In some instances bodies of land will be rem
dered practically valueless, except for grar
zing, from this cause. But when all these
things are considered and estimated for, land
owners should remember that the law only
requires the railroad company shall pay what
such lands would be worth provided the rail-
road were not built. There are many instan-
ees In which the remaining lands after the
Road IL built will be worth more than the en-
tire body without the road, and any read be-
Ing constructed would have the same rule for
acquiring them that the Northern Pacific has.
We are assured, however, that no desire ex-
lists on the part Of the company to drive hard
bargains with land owners, and we counsel
the latter to endeavor to agree without the
interposition of commissions and courts.
However, IL terms cannot be agreed upon,
there liz no necessity for forcible opposition
to the grading or building Of the road. No
rights are waived or lost because the Com
pany trespasses upon private lands In con-
structing Its road The company il guaran-
teed the right to take a certain amount Of
land on which TO build its road and will have
20 secure title for the paymento of the same ut
last, III not ut first. III ut first 1t is done by
mutual agreement between the owners aud
agent, or agreed submission to arbitrator
IL mt last, by adjudication of q commission
appointed by the court or by other legal
course.
The question OF the right Of the company
70 roadway without recompense over even
numbered section lands taken up since the
location of the road was filed in the local
land office has not been determined and there
IN diversity Of opinion concerning IL. The
company holds they have such legal right;
the persons having such locations, especially
where they have perfected title, hold they
have not. And yet IL Is considered too 81.
gantic an undertaking for isolated owners to
contest with railroad company like the
Northern Pacific. The sooner the issue is
made the letter, let the result be what II
may. We think proper way would be fol
all owners Interested IN the twenty miles
now being constructed 20 make psol sum
aent 10 meet the expenses and with the rail-
road company submit an agreed case; or pos
sibly submission OF the issue In proper form
10 the Commissioner of the General Land
Office, or the Attorney General or Secretary
OF the Interior through the land officers would
elicit ruling or opinion that would settis
the question. II La merely one OF genera
principle of the law, and II is well II should
be determined. An application TOD. H. Noe
Register OF the Land Office, Helena, woult
elicit Information M 70 the methods By which
the Commissioners ruling could BE- hid. I
II IL not considered necessary bv tho lane
owner 70 ascertain what rights they havs, !
y net probable any one slse will institats a.
qniry.