The daily gazette., 1883-06-02
DatlualsIllEg gazrttr
wnmxeroS. SATURDAY. 1UsE .
Government VS.. Railroads.

1
some years ago that 'the government must
own the railroads or the railroads will own the
government" is called TO mind by another
decision Of the Secretary of the Interior In
favor of a railroad land grant, and the uitss
mate truth of the remark will stand 10 fair
way for verihcation un.ess some check to the
rapactty OF railroad corporations is soon
given. The case which has just beeR de-
eided by Secretary Teller is upon ule
aupl.cation Of the Central Pacific railway
for patents to certain lands belonging to the
original grant, but forfeited by the failure
of the company to complete its line within
the specified time. Some years ago The
Supreme Court of the United States, IN
passing upon similar case decided that the
provision for the completion of the road
within a specified time was subsequent to
the original grant and that although the
time for building the road had ex-
pired, the grant remained unimpaired |
through virtue of the inviolability of con- |
tracts, and that the land did not and could |
not revert TO the grantor without the inter
vention of special legislative or Judicial ae- |
ton. In the absence of such action no |
effect whatever could be given to the for
feiture clause. In the light of this decision
which was made more than eight years ago
and has often been reaffirmed, and in
view of the further fact that although the
attention of Congress has been repeatedly
called to the effect of the decision no action
has been taken by that body, it must, the
Secretary says, be presumed that Congress
intends that the land grant companies shall
reap the benefit of all the provisions of the
original grant as sustained by the decision
referred to. III all events he holds that his
actions as an executive officer must be con-
trolled by the decisions of the Supreme
Court.
1t appears to us that SO far as the Secre-
tary is concerned his position is not only
sound but unavoidable, and the Court has
doubtless enunciated good law. The re-
sponsibility of this whole thing rests with
Congress, which has either through neglect
or design failed to take the steps indicated
by the Court as necessary TO give effect
to the law regarding forfeiture. To those
familiar with the ins and outs of Congress
sional proceedings the railroad lobby at
once rises before the mind as a sufficient ex-
PLANTATION OF the continued inactiOn with ref
erence to this most important matter.
In recent article in the North american
ReView Mr. George w. Julian throws CON
siderable light upon the methods by which
the public land is squaHdered. The influ-
ences 10 which Mr.. Julian refers 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.
at was in 1850, for the 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 somt
Instances the grants were given with
A'no lateral limits" This waste of public
property became SO extensive that al
last the people were alarmed, and abou
eleven years ago halt was called, but it wa,
not until more than 100000, 900 acres O.
the peoples patrimony had been appropr
ated-an area as large as that of the thir
teen original States. Since these right,
wee given by the nation, OF course there ii
no use iu disputing the claims, but i
would be interesting to note by what mean
the railroads have been upheld in man,
Gases in litigatious with privat
parties as to the ownership OF lands to whcl
the railroads had no possible claim. Ii
some special cases it seems evident that tn
decisions Of the Supreme court have beeI
oyerridden by railroad companies. Tn
simple printing of certified lists has beel
considered equivalent to patents, an,
that in this way companies have ha
awarded to them an illegal exces
of indemnity lands amounting 10 more thai
1O,OO0,00J acres, or enough to make 62 ,5Ot
farms of Sl6O acres.'
Instead of becoming the spoil
of corporate monopolies and sold a
rates imposed by themselves, these land
might have been opened to settlers at gov
ernment prices and become source of ben
eht to the people instead of al
instrument OF extortion in the hand
of the railroads. In such litigatio
as may arise as far as private person /
concerned "eyery presumption is again,
him and no mistakes are ever made in hi
favor" In the eudeavor to correctly defin
land claimed by railroads, awaiting settl,
ment under various acts of Congress
Mr.. Julian estimates that there al
ioO1OOb1OOO
withdrawn. But the worst exampl,
of these gratis are the cases whel
railroads hold lands where lines have nev,
been built at all. The Coosa and Chsttanoog
railroad had land grants which expired /
1856. All the public lands along this PR
posed line, in odd sections thirty miles
width, have still been reserved since 1855
No portion of a road called the Pensacol
and Georgia railroad has been built; sti
the land along the whole length of tf
contemplated road for twelve mil,
in width was withdrawn from the pull
In 1851, aud remains to-day. The s
Louis and Iron Mountain railroad had
grant made in 1866 but the road abandone
the proposed line for another location, an
still the reservation for twenty miles {
each side of the line, originally proposes
is held. Innumerable other cases, all
the same character, might be presente
"These illustrations of the management
railr, ads by the Land department are
fact illustrations of the management of Il
Land department blythe railroads."
In view of these facts the remark Of N