South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1883-06-08

From Osr Rsysiar Correspondent.
WASHINGTON, ID. -, June 3

a mother declsio.. 10y the Secretary
of the Interior in favor OF "A land
grantrailroad recalls the words of Mr..
Henry George some years ago, that
the governments must own the rail.
roads 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 Sec
rotary Teller is upon the application
OF the Central Pacific railway for pat.
ents to certain lands belonging to the
original grant. but forfeited by the
failure OF the company To complete its
line within the time specified. In a
similar case tue Supreme court dc.
cided that the provision. for the com.
pietlon or the road within certain
time was condition subsequent;
that although the time for building
the road had expired, the grant re
manned unimpared, and the land did
not aud could not revert without the
Intervention of legislative or judicial
action, and without such action no el
feet whatever could be given to the
forfeiture clause. The Secretary says
that, in view of this decision, which
was made more than eight years ago,
and has been often rcailirmed, and of
the future fact that, although the at.
tention OF Congress has been repea-
tcdly called to the effect of the decis.
ion and no action has been taken by
that body, it must be presumed that
Congress intends that the land grant
companies shall have tho benefit OF
the decision; that at all the events
his action as an executive officer must
be controlled by the decisions of the
Supreme court So FAR rs the Sccre,
tary is concerned bis position is sound;
AMI the court has doubtless cnuncia-
ted good law also. The responsible.
~ rests with Congress, which has
neglected or refused to take the ne
cessary action pointed ont by the
court to give effect to the law regard.
ing forfeiture. And why has Con-
gross failed To act? Is il the railroad
lobby that stands in the way?
In this connection, the statements
Of Mr.. Geo. W. julian III recent ar.
tlcle in the North American Review
have new interest, even ii not nov re
ferrcd to for the first time. The IN.
tluence which Mr. Julian 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 Hi
nois Central railway, that the first
grants OF public lands were made. So
loose was legislation, SO grasping The
demands OF the procedures Of the va.
rious lines, that In some instances the
grants were given with mo lateral
limit This waste of public property
became SO extensive that ut last the
people were alarmed, and about eic
ven years ago halt was called. but
it was not until more than Zoo, ooo,-
900 acres Of the peoples patrimony
had been appropriated-aA area ~
large as that OF the thirteen original
states Since these righte were gi
ven by the nation, OF course there is
no use in dlsruting these claims, but
1t would be interesting TO note by
what means the railroads have been
upheld in many cases in lltigations
with private partie, rs to the owner.
ship OF lands to which the railroads
had no possible CLAIM. In some spc-
cial cases it seems evident that the
decisions of the Supreme court have
been overriden by the railroad com.
panies. The simple ring Of certified
lists las been considered equivalent
to patents, and that in this way COM
panics have had awarded to them
All illegal excess Of indemnity lands
amounting to moro than 10000. 900
acres, or enough to make 6l,5oo
farms of 100 acres
These lands might have been open.
ed to settlers at government prices,
instead of becoming the spoil of cor
poratc monopClies and sold at rates
imposed by themselves In such liti-
CATION as may arise, AZ far rs a pri.
yate person is concerned, avery pre-.
SUMPTION IS against INN and no mis-.
takes are ever made in lis favor Iu
the endcavor TO correctly define lands
claimed by railroads, awaiting settle.
ment under various acts Of Congress,
Mr.Jullan estimates that there arc TO.
day not less than 10000 900 acres
Withdrawn. But the worst examples
OF these grants are cases where rail.
ronds hold lands whore lines have ne.
YER been built at all The Coosa
and Chattanooga railroad had lands
grants which expired in 1856. All
the public lands along this proposed
lie, III odd sections thirty miles in
width, have still been reserved since
1888 No portion OF road called
tho Pensacola aud Georgia railroad
has boon built: still tho land along
the whole length OF the contemplated
road for twelve miles ia width was
withdrawn from the public in 1857,
and rcmSins so to-day. The St.