The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1882-09-09
READ AND JUDGE.
The Judiciary Committee and Inc
Northern Pacific.

The following Is the full text of the judiciary
Committees report on the Northern Pacific Kali
road Land Grant. 1t speaks for itself and is SUM
Gent answer to all aspersions that have been or can
be made on the committee its chairman for their
action in this matter. We bespeak for it careful
reading:
Mr. Reed, from the Committee on the judiciary
Submitted the following report.
The Committee on the Judiciary to whom were
referred sundry bills relating to land grants to ra
report as to the Northern Pacific Railroad as ioi-
lows:
its chartered rights from the act of July q, leo4
{13 Statutes 1861 The road is to be CONSTITUENCIES
from point on Lake Superior to Puget Souna,
with branch via the valley of the Columbia W q
point at near Portland, Oregon. Twenty aiteI
nate odd numbered sections per mile each size Oh
the road in Territories and ten in States were
ed to the company, with right under that ana SUI
sequent statutes to make up out of twenty i l.
limit on either side all losses arising from prior ds
posa by the United States of lands the company
would have otherwise been entitled to. -,
BY the terms of the original act the road should
have been completed July 4, 1876. BY joint peso $
buttons approved May 7, 1877 "a Statutes, BOD,
and July l, 1868 Q5 Stat. 1851 such changes were
made as to time of completion that the Secretary OF
the Interior june 1879 held that the EN- road
July a. 1879. Whether this was the exact date OF
not it is sufficient to say that the time for compile
hundred and eighty miles of the road have been
completed. On the western side it is finished from
Puget Sound to the western boundary of Montana
and ON the eastern side from Lake Superior to -
in Montana. About six hundred miles remain TO De
built These figures we understand to refer to the
main line
Under the provisions of section 8 of the act OF
July q, 1864, the land was granted; under those Oh
sections and the conditions were imposed.
The important granting words OF section 3 are as
SEC 8. And be it further enacted. That there be
and hereby is, granted to thesNorthern Pacific Rail
road Company \ n every alternate section OF pub
The conditions are as follows in FULL
SEC. s. That each and every grant, right and
privilege herein are so made given to and ac-
cepted by said Northern Pacific Railroad Company
upon and subject to the following conditions name
1y: That the said company shall commece the work
on said road within two years from the approval OF
this act by the President, and shall complete not
less than fifty miles per year after the second year.
and shall construct equip, furnish and complete tn
whole road by the 4th day Of July, Ammo Domini
1876.
eral conditioned grants herein, and that the said
Northern Pacific Railroad Company accept the same
upon the further condition that the said company
make any breach of the conditions hereof and allow
the same 10 continue for upwards of year, then
in such case, at any time hereafter the United
States by its Congress, may do any and all acts and
things which NAV be Heedful and necessary to in
sure a speedy completion OF the said road.
Upon this state of facts your COMMITTEES are called
upon state their opinion as to the Legal rights OF
tion if any. ought to be taken.
The legal effect of the sections as quoted above
is to make present grant to the company of the
lands in question: subject to the provisions and CON
dtions stated in sections and 8. The sections
taken together vest in the company an estate upon
condition subsequent. If section had not been
enacted it would be quite clear that the estate OF
the company would have been determlnabie at the
pleasure of the United States on the happening of
any one of three things; list. failure to begin
the road in two years. I'd. failure in any one
wear to build fifty miles. Sd. failure in ten
years to build equip and complete the whole road
10 secure this right of forfeiture it was not
nv to mention it in the act The words upon con-
dition'' were the only words needed. they are as
potent if the words had been added land II these
conditions are not fulfilled the land shall revert to
the United states" But the severity OF the Wor
in section Congress had perfect right to mo1i1y
II had right to say Just what should be the effect
of breach of the conditions of the grant. 1t could
rest its reserved rights upon the words upon con-
dition and the legal effect would be to retain the
right of reverter, or it could claim that right in
SO many words, done in all the railroad
grants made States. Instead of either of these
things Congress enacted section ., limiting and de-
filming the effect of breach of the conditions
named in section s. By that Limitation the
sole right which remains IN the Qnltea states
at the present time is the right by It's
Congress, to do any and all acts which may pc
needful and necessary to insure the speedy compile
ton of the road OF couse this still leaves to Con-
gress wide range of power, but its power is neces-
sariy subordinate to the SPECIFY completion OF the
road If Congress deems the forfeiture OF the LANDS
needed for the speedy completion of the road, 1t
would have right to forfeit the lands. 1t might
give them to another company sell them and apply
the proceeds, provided it adjudged such course |
"nee iful and necessary to secure the speedy COM
pletion of the road.
The purpose and intention of Congress in passing |
the act of July O. 1864, appears throughout all the
act to be the speedy completion OF the road Every
provision has that in view. All the limitations and
conditions are to that end, and the limitations OF
time had that purpose only. Even the right to
amend and repeal is subject to the same controlling
desire.
SEC. 20 Ind be it further enacted, That the bet
ter accomplish the object of this act namely, TO
promote the public interest and welfare py the con-
struction of said railroad and telegraph line and
keeping the same in working order, and to secure to
the government at all times Out particularly IN
time of war; the use and benefits OF the same Tor Il
postal military, and other purposes, Congress may,
at any tme having due regard for the rights OF sau
Northern Pacific Railroad Company add to, alter,
amend, or repeal this act
The United States did not want back its lands lt |
wanted great public throughfare across the CON
tnent, and it took every precaut1on to insure lts
completion,
slider is what is needfu and necessary to insure the
speedy completion of the road?
As has already been stated, ] $50 miles OF the |
road have been completed, 500 or less remain.
Work is going on 1T both interior termini and on
the tunnels in the heart of Montana. 1t appears
that $50 miles wereapproved by President Hayes IN
1880 and 1926 miles by President Arthur last year
The COMPANY assert that by September, 1883, they
viii finish the road that they progressing as
fast as can possibly be done. No testimony or sug
gestion to the contrary has been made by any one
Your committee do not see how the transfer OF the
land to another company could hasten the COM
pletion of the road nor would it be regarded as al
visable for the Government to complete the road by
its own direct action Congress would hardly re-
gard either course needful and necessary TO IN
sure the speedy completion of the road
We can conceive of no legislation which would
hasten the completion of the road, and therefore
recommend none.