The south Kentuckian. [volume] (Hopkinsville, Ky.) 1879-1883, 1883-06-12
SOUTH KENTUCKIAN
ADVERTISING RATE.

position is sound and the court has
doubtless enunciated good law also.
The responsibility rests with Con-
gress, which has neglected or refused
to take the necessary action pointed
out by the court to give effect to the
law regarding forfeiture. And why
has Congress failed TO act?. 1t is the
railroad lobby that stands in the wav.
In this connection the statements
of Mr.. Geo. Julien in recent article
in the North American Review have
new interest, even if not now refer
red to for the first time. The influ-
ences which Mr.. Julien refers to in
the government land office are still
more potent in Congress, where the
power Of the people ought to be felt
and their rights protected. 1t was in
1850, for the construction of the Illi-
nois Central railway, that the first
grants Of public lands were made. So
loose was legislation, so grasping the
demands Of the projectors of the va
rious lines, that in some instances the
grants were given with 10 lateral
limits. This waste of public proper
ty became so extensive that at last
the people were alarmed, and about
eleven years ago halt was. called,
but it was not until more than 300
100000 acres of the peoples patrimo-
ny had been appropriated-an area
as large as that of the thirteen origi-
nal states. Since these rights were
given by the nation, of course there
is no use in disputing these claims,
but it would be interesting to note
by what means the railroads have
been upheld inrmany cases in litiga-
tion with private parties as to the
ownership of lands to which the rail-
roads had no possible claim. III
some special cases it seems evident
that the decisions of the Supreme
court have been overridden by the
railroad companies. The simple
printing Of certified lists has been
considered equivalent to patents, and
that in this way companies have had
awarded to them an illegal excess of
indemnity lands amounting to more
than 10,0O0,0O0 acres or enough to
make SO, 900 farms of 100 acres"
These lands might have been open
to settlers at government prices, in
stead of becoming the spoil of corpo-
rate monopolies and sold at rates i'm
posed by themselves. In such litiga-
tion as may arise, as far as private
person is concerned, every presump-
ton is against him and no mistakes
are ever made in his favor. In the
endeavOr to correctly define lands
claimed by railroads, awaiting settle
ment under various acts of Congress,
Mr.. Julian estimates that there are
to-day not less than 100,0O0,0N acres
withdrawn. But the worst exam
pies of these grants are the cases
where railroads hold lands where
lines have never been built at all.
The Coosa and Chattanooga railroad
had land grants which expired in
lSj6. All the public lands along this
proposed line. in odd sections thirty
miles in width, have still been re-
served since 1858. No portion of a
road called the Pensacola and GcOr-
i gia railroad has been built, still the
land along the whole length of the
contemplated road for twelve miles
in width was withdrawn from the
public in 1857, and remains SO to-
day. The st. Louis and Iron Mount
ain railroad had grant made in
1869, but the road abandoned the
proposed line for another location,
and still the reservation for twenty
miles on each side of the line, as orig
Q inally proposed, is held. Innumera-
BILE other cases, all of the same char
| acter might be presented. These IL
Illustrations of the management OF
! railroads by the land department are
l in fact illustrations of the manage
mcnt of the land department. by the
Il railroads. Already the railroads art
practically stronger than the govern
ment. Acts of Congress are over
ridden and all attempts to bring then
to terms, as in the case of the Unior
Pacific, are met with counter move
). ment, subterfuge and almost opel
y defiance. PHoNo.