The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1883-09-05
DAY DISPATCHES.
A Move Against Lapsed Land
Grants.
Judge Payson's Opinion Con.
cerning Them.
The Singers have a Little
Consultation.
MISCELL LANEOU5, ETJ. ETC
MISCELLANEOUS, ErJ. ETC
A Raid on Lapsad Land Grants.

a 4s1Au OA halSoN A0AA N4AesAA1 Vs.
CHICAGO, Sep. IA Washington
special says Judge PaysOn is prepar-
ing an argument against the transfer
Of the Texas Pacific land grant to the
Southern Pacific railroad, to be filed
with the Secretary of the Interior,
The Judge has fortified himself pret-
ty thoroughly with private and pub
lie documents. There is belief on
the part of many persons who have
watched the course of Mr.. Teller,
that he will decide against the trans
fer, and would do SO wi hout any ar
gument. There is room for plenty OF
doubt about the Southern Pacific
claim and the Secretary has generally
denied the benefit of doubt to claim
ant corporations. There are about
100000 acres of land in this grant,
and udge Payson is determined to
secure it to the settlers if he can. He
takes extreme ground in the case
of these grants, and will not admit
that even in the case of
the Northern Pacific there is any.
thing new that can be done. In the
first place the Northern Pacific has
several subsidiary grants that it has
not earned, and has no intention, for
the present at least, of earning.
Abeut 100000 acres Of the best land
in Oregon was granted for the Port
land and Astoria line, which the COM
pany shows no inclination to con-
struct. There are 5000 600 acres along
the Columbia, on both sides Of the
river, which the the Northern Pacific
will never make a route through. be-
cause it has come into possession OF
the road already built there by the
RECON Railroad and Navigation COM
pany. There are about 1.25O,0O0 acres
along the proposed Cascade line,
where no road has yet been made.
Obviously these tracts aye still with
in the reach of Congress.
Even in the case of lands granted
to the main line, though the line has
been completed where patents have
not been issued to railway Companies,
Judge Payson holds that Congress
can still declare them forfeited. This
is denied by many persons, even those
who would be glad to see the grant
forfeited if possible. But Judge Pay
son concurs with Mr.. Holman, of In
diana. in the belief it is not yet too
late to declare the lands forfeited.
He will, as soon as Congress meets,
offer this bill declaring the forfeiture
OF all unpatented land grants OF the
Forty-seventh Congress under con-
sidera ion, including the claim of the
Texas Pac fic Railroad company to
the lapsed land grant of 15,OOO,0OO
acres of land of the Southern Pacific
company.
Judge Payson, of ILL.,, and Proctor
Knott. of Kentucky, were originally
the only two members OF the commit
tee who opposed the legality OF the
transfer. Subsequently Knott was
taken sick and Pa,sOn was left to
fight the scheme alone. This he did
SO we'll that when the final vote was
taken the transfer was defeated by
IA to 1. and the bill declaring the
grant forfei ed and returned to the
public domain was reported to the
House, but failed to pass.
After adjournment it was stated to
Judge Paysen hat Messrs. Hunting
ten Il Crecker, of the Southern Pacific
road, would endeavor during the sum.
mer to induce Secretary Teller, to rec
ognize their company as a land grant
road, and certify to the Southern Pa-
cihr it's land grant. In order to fore
stall this action, Judge Payson re-
quested the Secretary Of the Interior
and Attorney General to notify him
if the company attempted any such
action, in order that he might pre-
sent an argument in opposition:
During his absence in California,
Judge Payson noticed in the neWspa-
pers a paragraph that Messrs. Dunn,
Rosecrans and Cobb had filed pro-
test against the transfer OF the grant,
and subsequent item to the effect
that Mr.. Hill, claiming to represent
them, had made an lnettectual at
tempt to withdraw the protest. Sup
posing that something had been done,
he came to Washington and found an
elaborate argument had been filed by
Tweed, OF the law firm of Tweed Y
Choate. of New York, asking that the
Texas Pacific grant be transferred to
the Southern Pacific company.
Judge Payson Immediately set
about preparing a reply to this. and is
now engaged at the Interior Depart
ment in collecting evidence the con
to file in support of his statement
thatthe Tex IS Pacific has no legal
claim whatever to the land grant OF
the Southern Pacific Company.
In conversation tonight he said he
came as the representative OF the
people to fight gainst this effort to
steal 100000 acres of the public
domain. This, he said, is only one
case out of MANY involving upwards
of lSS,OOOOOO acres of lapsed land
grants, which up to the present time
lave received far too little attention
from the press of the country, and
which will certainly become a
feature of discussion in The next
Congress.