Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-02-12
THE NORTHERN PACIFIC.
The Law which Determine the Rights of
tho Railroad Company to its Land
Grant.

The Law Which Determines the Rights OF
tho Railroad Company to It's Land
Grant.
From the New York Times,l
l beg to submit to your readers the
following statement IN Ration to the
land grant of the Northern Pacitia Rail-
road Company This corporation was
created and its land grant conferred by
act of Congress (l3 Statutes at Large,
page 1861, containing the following pro-
visions of the charter:
"Sec. s. And be it further enacted, That
here be, and hereby is, granted to th~ North
ern Pacific Railrond Company, its successors
.nG assigns, for the purpose OF aldiug IN Inc
construction of said railroad and telegraph
line to the Pacific coast, and TO secure the safe
and speedy transportation 1.-THE mails, troops,
muditlons of war, and public stores, over the
roure OF sad line of railway, every alternate
section of public lands, not mineral deslgna
ted bv odd numbers, 10 The amount OF 70 al
ternate sections per mite, on each side OF salo
railroad line, as said company may adopt,
through the Territories of the United States,
and 10 alternate sectiont of land pei mile on
each side OF said railroad whenever II passes
through any State. INK
.sSec. 0. And be it further enacted, That
the United States make the several eondltlon-
FL grants herein, and that the salG Northern
Pacific Railroad Company accept the same,
upon the further conditions that Inc salu
company make any breach OF the condluons
hereof, and allow the same to continue for
Tlpw2rd of one year, then in such case, at any
time hereafter, the United States, by is Con-
eress, NAV do any and all acts and things
which NAV he needful and necessary 10 insure
speedy completion of the said road"
The power or right reserved by Con-
gsess to alter, amend or repeal the CHAR
ter is as follows:
Sec. 90. And be it further enacted, that the
better to accomplish the object Of this act,
namely, to promote the public interest and
welfare by the construction of said railroad
and Telegraph line, and keeping the same IN
working order, and TO secure to the govern
ment at all times (but particularly in time OF
war tue uses and benefits OF the same for pos
tai, military and other purposes, congress may
at any time, having due regard Tor IAe rights
of said Northern Paciht railroad company,
add to, alter, amend or repeal this act.
This charter is contract between the
United States and the railroad company,
and is to be treated and construed ny the
same rules that govern contracts between
private persons, except only that with re-
spect to the subject matter Of the grant
that IS to say, in ascertaining what IS
grented and what is eXcepted-it viii DC
construed IL favor of the government and
against the company.
The grant 10 the Northern Pacific rail-
road company was an absolute grant M
,7yrSepti. The supreme power OF GlspOs-
INC of the public lands vests solely IN
Congress, and its grants convey the high
est title. In such case the title does not
depend on and is not conveyed by a pat
ent. though ror convenience in the land
office, and as a matter of record evidence
patent is usually provided for and is
sued
That the language CT this act operated
as a present grant IS no new doc
trlne, as some imagine. 1t was
held by the supreme court of the
United States IN 1917, IN the case Of
Rutherford against Green's heirs, IN the
unanimous decision of the court, deliver
ed by Chief Justice Marshall, and It has
ever since been adhered to by that high
tribunal in numerous cases and without
any exceptions.
In case decided in 1875 l92 United
States supreme court reports, page TAI,
the court says: 10 There be and is hereby
granted are words Of absolute donation,
and report a grant IN present.. This
court has held that they can have no
other meaning, and the land department,
on this Interpretation of them. has uni
formly administered every previous SINH
lar grant, The court was unanimous
on this point; for, in the dissenting opin-
ion ION another branch of that casel the
nonconcurring judges say: "These words
were sufficiently comprehensive to pass
whatever interest the United States pos
sessed in the lands
1t does not, in the slightest degree,
initiate against the force of the law that
the same court held in other cases that
grants containing such language did not
operate as present grants, because in
those grants congress expressly enacted
that the title should not vest until the
performance OF certain conditions.
1t is now matter Of no Importance
what was the time specified by Congress
in various amendments Of the charter for
the construction and completion of the
Northern Pacific Railroad, for it is adj
mitted that that time has now expired.
But il is important to consider what are
the consequences Of failure to complete
the road within the time.
It follows from what has already
been said, namely that the grant
was a grant 5n present land
10 the same effect are the de-
cisions of the Supreme Court, that the
construction and completion OF the road
are conditions subsequent And, not
withstanding failure to perform the
conditions within the time specified, the
title 10 the lands remains unlmpalred IN
the grantee until Congress SEES TT to en-
force forfeiture on that ground. 81
Wallace, United States Supreme Court
Reports, page Gil Until then the right,
title or estate granted remains IN the
grantee as completely as it ever existed
before breach of the condition, without
any impairment of It's original qualities
or incidents.
But in the grant to the Northern Pa
c;fc Railroad company there is mot only
no provision for reversion TO
the United States, but there
isl clear declaration by Con-
gress that the lands granted are absolute
" appropriated to the completion Of the
road. Sections 8 and 20 of the charter
above quoted, show an express
intentionl Eof Congress to make an
irrevocable grant of the lands
embraced within its limits for
the purpose Of the construction and
comnletion of the road. and to pledge the