The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1881-07-15
THE Hloar or WAY.

The question Of right Of way without
compensation by the Northern Pacific Rail-
road Company over lands entered since Its
charter Is not yet determined. But Il has
now reached point from which legal So
luton can be had, 30 far as settlers on the
He'll Gate are concerned, without any trou-
Bile having ensued and To the best interests
OF all concerned. We hare heretofore given
all the facts bearing on the question that
came TO our knowledge. To recapitulate
them briefly: The Northern Pacific Co.
sent an agent here, Mr.. Shaw. to purchase
from settlers having title quit claim TO the
lands required by the Company for their
roadway. There were thirteen Of them on
the twenty mile contract. Mr.. Shaw pur-
chased of three; with the other ten he could
not agree upon the price and asked the
Court TO appoint commission TO assess the
amounts. The commissioners were appoint
ed, but before they proceeded to their work
the Attorney Of the Company telegraphed to
suspend action, as 1t was believed under de-
cision Of the Supreme Court Of the United
States the Company had this title In their
charter without compromising settlers who
had acquired their titles subject to this re-
served right. Proceedings were suspended
and Mr.. Shaw's occupation was gone.
The settlers knew they had entered their
lands In good faith, had acquired govern
ment title without knowledge of any such
reservation, or any such being expressed In
the government conveyance. They had
paid the double price because Of the railroad
grant, had paid for every acre decided to
them and found the construction Of the road
would not only take away valuable acres,
but would seriously interfere with irrigatsng
systems, segregate different portions Of
farms, entail the expenses Of new fencing and
frequently render tracts unavailable or in
convenient Of access. They deemed the
claim of the railroad company unjust and
oppressive, II not illegal, and were disposed
TO prevent such wrong by forbidding the
officers of the road To proceed over their
lands.
Fortunately they were excellent citizens
and the Company Is represented here by ex-
cellent officers. Wise councils prevailed.
Mr.. Morgan, Superintendent of Construc-
tion, was not here to determine legal ques-
lions nor to enforce oppressive measures, al
though desiring to expedite work. The set
tiers agreed TO take the advice Of counsel
and submitted the question to w. w. Dix
on, ESQ.,, as their attorney, one or more Of
them having previously submitted the gues-
t,on to Thomas L. Napton, Esq. They were
advised to offer no hindrance to the con-
struction Of the road; that no rights were
waived, jeopardized or impaired by the con-
struction, and that whatever legal rights
they had could be determined hereafter as
well as now. This, we are informed, has
been accepted, and work will continue with
out interruption, while the legal business In
volved will be submitted to adjudication.
Certainly this is much the better course,
and having progressed to this extent we
think the railroad company can do no better
or wiser thing than to waive whatever legal
advantages 1t may think il possible to estab-
lish, reopen the purchase of quit claim title
and pay these land owners fair compensa-
ton for the lands taken and damage done.
There are not enough lands In Montana sub
feet to these rights TO make 1t worth the
while Of the Northern Pacific Company 10
resort to course that Is oppressive and in
equitable and that will inspire hostile feeling
toward 1t. We wish too see amicable feel
ings prevail toward that company and we
wish TO see the company assume such an at
titude In the matter IS will command them.
Er sohisRblatsd, wfftRhShtn fsssalss ID s Tie ss
courts, and, II proposed, should be met in
like spirit by land owners.