The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1882-08-24

powerful I'd urier the Interpretation OF law
against tho plaincst dictates Of common sense:
II accepts tue grant on the condition that ltA
whole road shall be completed by the All
dsy OF July, 1870, and II II breaks its contract
then the United states may do what u neces-
ssry ito insure q speedy completion OF said
road Well, suppose this corporation forfeited
it's lani grant by failing to complete its road by
the h day OF July. 1879, for the time was ex-
tended by the joint resolution OF May Z, 1866,
to that date without any other change in the
con-, itions, and Congress declared, as right
fully might and should, the remaining lands
forfeited TO the United States, certainly the
Government might complete the road II II
thought proper and had the constitutional
power, or might regrant the lands for that pur-
pose but does this ninth section confer =
power or impose duty on tho United States?
Does ii mean that Congress cannot declare tho
forfeiture under the eighth section without
providing for the completion Of the road2
No, SIR; it means simply that tho United
states might do exactly what II might have
done II this ninth section had not been part
Of the law. This corporation will have to b6
stronger than Congress or the Federal
judiciary before 1t will be able to OBJ
tain a decision that the United States cam
not declare the forfeiture under the eighth
section until they assume the obligation to coM-
plete the road under the ninth &c .tion Per-
haps this corporation will have the efrroatery
to claim that under the ninth section IL 1t for
fcits the grant, then the United States are COM
PEELED 10 complete the road for its benefit. And
yet this extraordinary claim would not DO more
startling than the claim that II the corporation
forfeited its rights then the United States were
bound to provide for the completion Of the
road for the benefit OF the United States. But
happily the last section OF the act leaves the
Whole subject under the control OF Congress.
II provides
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 Government at al
times (bnt particularly in time Of wary the use
and benefits Of the same for postal, military
pnd other purposes. Congress may at any tine,
having dLe regard for the rights Of the North
ern Pacific Railroad Company, add to, alter,
amend or repeal this act.
The stump speech in favor Of this imperial
grant embodied in this last section, craf.lly
framed as il il, will deceive no one ii has but
one meaning, ana that is "that Congress may
at any time, having due regard for the rights
OF said Nor hern Pacific Railroad Company. add
to, alter, amend or repeal this act In view
OF the forfeiture when occurred Of this grant
on the 4th Of July, 1879, what rights have that
corporation which the United States are bonrd
either in law or equity to regard?
1t might have been fairly presumed that. as
II, corporations were entitled to patents for
the | nd as each successive section Of the road
WAS completed, the land remaining Win II The
period for the final completion OF each road ex-
pre- would ut once become 4 part OF the pub
| c donna II ; but the Supreme Court holds OH
erwise. that tho law vested in the corporation
the right to the land, that the condition of or
feiture for failing to complete the road within
the time specified was "condtion sub.c-
quenf. and hence an act OF Congress was nec-
essary to declare the forfeiture aud restore t. o
la MI ~ hitsS 0ivy Il
statement OF the several grants winch have
been forfeited. The last Of these grants, that
TO the Texas Pacific Railroad COMPANY. cx-
PR, 4 on The ID dav Of Nav. lss2.
fNr. Holman here presents . table OF land
grants which have been forfeited by the faisrve
OF the corporations to complete their rosa
wit.ia the time specified by law. Tais table
shows that the totai number of acres embraced
n these for tilted grants is l2s Ala, l6l acres !;
lnsth in miles or railroads AZ definitely located,
" nsl: numoer OF miles OF road completed be-
lore expiration OF grants, 81
Il viii be seen that this statement embraces
many Of tue earlier grants and three Of the
great grants made within the fourteen years,
many Of the older grants having been extended
and Greatly cnlargei within the last eighteen
vars. These twenty-three grants embrace
ias,i72, l6l.l3 acres The aggregate length Of
~ railroads for which these grants were made
i l2.0s niles, and the number OF miles COM
l,l-tcd when the grants expred 3,l5l miles. 70
that fraction over one-iourth of the roads
was completed snd the companies were entitled
10 ouiv their proportion OF the LIS AZ. l6l Is
acr,s when the forfcltures occurred, aud in
god faith AMI common honesty the rest Of this
enormous body OF land reverted to the United
States. Not a mile Of some OF these railroads
has been constructed up to this day. TIE fol-
lowing table shows the number OF mites which
had been constin ted by each OF the great cor
pnratons above named when their grants
expired. and the time OF their expiration. in
clu lin; the Southern Pacific OF California,
VII ell il no. embraced in the report OF the
Commissioner Of the General Land Office made
to the House on the 2sth day OF March, 1882
(H.use Executive Document No. LA, first ses-
sion, Forty seventh Congress-:
TABLE or CERTAIN IxrIREp GRANTS &C.