Democratic Northwest. [volume] (Napoleon, Ohio) 1869-1894, 1883-06-14


EE'r0m Ourre3utar C0iFeSpoAdeat.l
wAsHISGT6N, d. c., June g. 1888.
Another decision by the Secretary of
the interior in favor of Il land grant rail-
road recalls the words of Mr.. Henry
George some years ago, that "the gov
ernment must own the railroads or the
railroads will own the government"
The people are going to find out one of
these days that this is true. The case
just decided by Secretary Teller is upon
the application of the Central Pa
cific railway for patents to certain lands
belonging to the original grant, but for
feited by the failure of the company to
complete its line within the time speci-
fled. In similar case the Supreme
court decided that the provisions for the
completion of the road within certain
time was condition subsequent; that
although the time for building the road
had expired, the grant remained unim-
paired, and the land did not and could
not revert without the intervention of
Legislative orjudicial action, and with
out such action no effect whatever could
be given to the forfeiture clause. The
Secretary says that, in view of this de-
cision, which was made more than eight
years ago, and has been often reatfirmed,
and of the further fact that, although
the intention of Congress has been re-
peatedly called to the effect of the de-
cision and no action has been taken by
that body, it must be presumed that
Congress intends that the land grant
companies shall have the benefit of the
decision; that at all events his action as
an executive officermust be controlled by
the decisions of the Supreme court. So
far as the secretary is concerned hisposi
tion is sound; and the court has doubt
less enunciated good law also. The re-
sponsibility rests with Congress, which
has neglected or refused to take the nee
essary action pointed out by the court to
give effect to the law regarding forfeit
ure. And why has Congress failed to
act? Is it the railroad lobby that stands
in the way?
In this connection, the statements of
Mr.. Geo. w. Julian in a recent article
in the North american ReuieaO have new
interest even if not now referred to for
the first time. The influences which
Mr.. Julian refers to in the government
land office are still more potent in Con-
gress, where the power of the people
ought to he felt and their right pro-
tected. 1t was in 1850, for construction
of the Illinois Central railway, that the
first grants of public lands were made.
So loose was legislation, so grasping the
demands of the projectors of the various
lines, that in some instances the grants
Were given with "no lateral limits"
This waste of public property 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 200,000,000 acres of the peo-
pies patrimony had been appropriated
AN area as large as that of the thirteen
original states" Since these rights We're
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 in
many cases in litigations with private
parties as to the ownership of lands to
which the railroads had no possible
claim. In some special cases it seems
evident that the decisions ofthe Supreme
court have been overridden by the
railroad companies The simple print
ing 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 10000
600 acres, or enough to make 62, 800
farms of 100 acrcs.n
These lands might have been opened
to settlers at government prices, Sin
stead of becoming the spoils of corporate
monopolies and sold at rates imposed by
themselves. In such litigation as may
arise, as far as private person is con-
cerned, "every presumption is against
him and no mistakes are ever made in
his favor" In the endeavor to correctly
define lands claimed by railroads, await
ing settlement under various acts of
Congress, Mr.. Julian estimates that
there are to-day not less than 100000
900 acres withdrawn. But the worst
example 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 1856. All the
public lands along this proposed line, in
odd sections thirty miles in width, have
still been reserved since 1858. No Dor-
ton of a road called the Pensacola and
Georgia railroad has been built still the
land along the whole length of the con-
templated road for twelve miles in width
was withdrawn from the public in 1857,
and remains SO to-day. The st. Louis
and Iron Mountain railroad had grant
made in 1865, but the road abandoned
the proposed line for another location,
and still the reservation for twenty
miles on each side of the line, as origin
ally proposed, is held. Inunmerable
other cases, all of the same character,
might be presented. 'The illustration
Ofthe management of railroads by the
Land department are in fact illustrations
ofthe management of the Land depart
ment by the railroads" Already the rail-
roads are practically stronger than the
government. Acts of Congress are over
ridden and all attempts to bring them
to terms, as in the case of the Union Pa
cific, are met with counter-movement
subterfuge and almost open defiance.
~. PHoNo.