The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1882-01-25
q, 0O0, 900 acres Of land have already &c
q, ned 70 the 0onlpony.

81, O0O, 900 acres OF lana nav ssEe~0y ~
O, ued 20 the company.
! For causes over which the company
had no control, it foresaw 1t could n"'
complete the road within th"time speci'
fed for its completion under jts charter
and it applied to Congress for an extern
sion of time. This was granted BY a
Joint resolution approved May Z, 1885,
This resolution provided THAT the time
for commencing and completing the
Northern Pacific Railroad, and all Its
several sections, is extended for the
time of two years." still more time
was asked for by the company, and
Congress again granted it by the pass
aye of u joint resolution approved
July LIST, 1863, which reads rs follows:
"R. II rcxo'rtl by the &nate aMc!
! IlowxC Uf Representatives 81 tie tM!tees
.Ny0;.,xvj .Au,tvictl in (D:lyreas UsscN,bIed:
Tl,:,, section eight If al act entitled.
An act granting lands to aid in the con-
struction OF u railroad and telegraph
line from Lake Superior to Puget Sound,
on the Pacific coast. is hereby ~ amend
ell a. to read us follows: That Cssf'h and
every grant, right ami privilege herein
ARR. n, made ans! given to and accepted
ty said Northern Pacific Railroad Co.,
unon and subject tO the following con-
ditions. namely, that til. said company
shall commence the work on said road
! within two years from and a!ter the
second day Of July. eighteen hundred
and Sixtv-ciyht, and shall complete not
! less than on. hundred miles per year
after the second year thereafter. aud
shalt c"l,st rurt, equip. furnish ana CONF
picic the whole road by the fourth day
Of July, Ammo Domini eighteen hundred
and seventy-scven'
In conses ,ucnce of the panic of 1873
the company was compelled to suspend
work upon its line, and thus certain con-
,iitions included in the last resolution
granting the extension Of time for its
completion were not complied with.
Finally a demand was made that the
lands grantee! under the act should r.
vert to the public domain. \ bill was
introduced in the House Of Representa-
tivts January 18th, 1873, declaring the
forfeiture. 1t went to the Committee OH
Public Lands aud was never reported
lack to the House. About this time the
managers of the r.ad appealed tn Mr..
Schurz to decide whether the failure Of
the com'any to comply with the provi-
sions of the granting act worked u for
fixture Of its lands, or whether the .um-
l,any was entitled to possession in the
absence Of any adverse legislation by
Congress. Mr.. Schurz asked an opinion
about it of Mr.. Edgar N. Marble, then
Assistant IAttOrney-(;en.rsll Of the Uni
ted States. In accordance with Mr..
Marbles opinion Mr.. Shurze gave his
decision OF which the following are the
Z .<ential features:
1t must bc held thai said company
Was to commence work OH said road
within two years from the second day |
ri July, 1865. ami to cOn,l, lete the same |
Ill or before the tuurt!, day OF July, 1877,
nd that slicl, must 10 taken ~ the |
:.'!nIs Of the original! charter u said !
company.
u It'll the terms o.: the charter thus !
,iS.a!, the joint resolution Of l>,a cx-
/, n.ls the time for the completion of the
ri;H ilntil july +, 1917.
1t will bc observed also, that this act,
unlike most Of the acts making grants
/" the railroad companies, does not pro
vide that at the expiration OF the time
fixed for tn; completion Of the reads
&c lands granted shall revert t." The
h: nitci States, IN, docs provide '',i,a,
# the said c"s!'.any make amy breach, Of
he conditions and allow the same to con-
frNni aI,(.. "a.
such ease, nj any time hereafter, the
ANY and all acts and things Wi,icI, may iw
ir>rif,ii and necessary to- insure Il speedy
.nnl l,!.!iOn Of said road"
Ii vii. thus lie seen that 10 proceed
''"> can he taken, even hy Goa yrv,::, 10
;*s':.r:' II forfeiture o.! this grant, j:
thereof !laIv occurred. until
nae year after the ti,Dc fixed for the
:'nil'icti' "i the ROAD viz. July !>.,u.
Thus IT,. matter has stood until Tie
PRESENT thine. y" action has lecil taken
~ Congress to declare Il forfeiture of the
an'l~. ';'l'c company has been rcorga-
']''' and work vigorously prosecuted
'nrins The past Few years. Within two
cars The r.H,d viii bc completed. .\c-
sui:ng t" the statement Of IT,. conf
ANY there arc eight thousand stock
holders IL the enterprise VIII" have i'll
''Sit't III The aggregate $4O,Nn,'aM in
Is construction. Ii il hardly probable
u view Of the near completion Of the
";d that Congress will h.-i~l:.;. all
rr@cIv t" The interest q: The com ,.anv.