The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1881-10-04
ETTTT TTTTTDT-TE
VIOLATION OF LAW AND
rs, qtls K. JUSTICE, M ss,L aa,
The Northern Pacific Railroad Lo-
cation in Montana.

LutOT butte N Htcf 3.
The Directors of the Northern Pacific Rail-
road Company nave heretofore enjoyed a
reputation for fair and honorable dealing;
but at the very last meeting of the board,
whose term of service expired on the 18th, a
resolution was passed which fair dealing men
to the location of The road through Hell
ena, passing outside of the limits of
their land grant that has been reserved for
them more that eight years.
The Com pany was chartered by Congress
to build a railroad upon the most feasible
route from Lake Superior to the Pacific
Ocean. They were allowed till the 1st of
July, 1879, within which time TO locate and
build The road. Upon filing a map of their
location with the Secretary Of the Interior, he
was to set apart and reserve Tor them every
alternate section of land for forty miles on
each side Of that location, to be held till they
| should have completed their railroad, in sec
| tons of twenty-five miles, when a patent
would be granted to the Company, and that
those more directly benefited should pay for
a portion of this improvement. Other acts of
Congress provided that settlers who pre-
empted lands from the government within
the limits reserved should pay twice as much
for their lands as those who settled o ltsiae
these limits.
In 1873, the Company filed maps OF their
location for the entire length of the read, and
the alternate or odd numbered sections for
eighty miles in widtb were withdrawn from
market and have now been held for eight
years for the benefit of this Company. Set
tiers have gone on the even numbered sec
tions, and have taken up and paid a double
price for their lands, with the understanding
that the Northern Pacific Railroad, when
built, should be built on or near its original
location. The time allowed by Congress for
the building Of the road expired more than
two years ago; yet the I onpsny has not only
the audacity to say that they will not build
the read within the limits contemplated by a
location of their own choice, while they had
a right to make a location, but that they will
build where they have no right, and ask the
government TO give them new lands on that
route. Ought the setrftary of the Interior to
| S'fc viz A"'No oH oH'o "e'S va" NV
be treating settlers who have preempted the al
ternate sect ms and paid a double price for
their lands iu 'ly? 1t would seem that he
would have no right to do il, and that it
would be his duty to say to the Company :
i f you hnilt your road at all, you must
build it within the location selected by you
eight years ago; if you will not, you have no
| -.l.t. l>.:lt .,l ..l 7 Ia,o 80 x,-lt
to give you lands"
If these conclusions be correct, there is
then another point the Company would dc
we'll to consider as to whether they are moi
seriously affecting the security Of theil
bonded Indebtedness, and involving them.
selves in serious risks in that way. What are
; the reasons for the Railroad Company making
, such a change of route? As hear as can be
learned the action of the Directors was based
> upon the report of their Division Engineer
Colonel J. L. Dodge, who claimed that the
I Helena route was so far superior to all Others
= that there should be no doubt that that lin.
, should be adopted at all hazards. Such wa
2 his prejudice in favor of the Helena rout,
u that he had decided in its favor, and ordered
the work to be prepared for construction be-
fore he bad learned the result Of surveys thel
u in progress for a line passing directly through
l the middle of the reserved land grant. Cal
such an opinion be relied upon? Men Q
Judgment and experience, who have exam
med both routes, say that he is wrong; tia
the route has no material advantages over tn
Butte route, which would comply with Tn
conditions of the charter of the Company.
Z 1t is not necessary to enter into a compari
{ son of the two routes at present. The SUI
veys Of the Butte route showed it to be a
extremely feasible one. cheaply constructed
one requiring no tunnels or expensive strut
lures OF any kind, with favorable grades, an
noted for its freedom from heavy SHOWS i
winter. 1t is difficult to see what advantage
the divergent route possesses that should Wal
5, rant The Company i'll refusing 10 build With
the limits of their land grant.
The people of this portion of the countr
would like to be more fully informed as
what caa justify such an outrage upon then
II there be no good reason, IS Il not propt
II self protection to take such steps as lie
their power to compel the Company to bull
their road where they are bound by the
charter to bui,d it? 1t is clearly within tt
G. power of the citizens OF Butte to compel Il
Company to do them justice.
in JUSTICE.