National Republican., 1883-04-19
RAILWAY LAND GRANTS.
One Hundred and Thirty-Eight Million Acres 10
Which the Companies Are Not Entitled.
Judge Payson Thinks Congress Should
Take Some Action to Recover.
He Believes the Garland Bill Would Intensity the Bvi
II Processes 10 Cure.
The Two Glasses OF Grants by which this
Railways Have Pronted.

Probably no member of the next congress
will be better qualified to grapple with the
railway question than Judge Payson, of 1lli-
pois. He has been making study of the
subject for the past four years, and in tho
language Of the budding generation Of states
men, "he has it down fine" He has made
a speciality of the land grant phase Of the
question, and will put in his vacation draw
ing up bills concerning the case Of each rail-
way which is holding on to unearned lands,
his aim being to restore forfeited land grants
to the public domain. He is outspoken
in his opposition to the Garland bill, and de-
clares that an examination of its provisions
shows that it would have the practical effect
of renewing the grants rather than providing
for their forfeiture. AS this bill is certain to
be revived next winter, his observations are
pertinent and touch upon an issue that is
alive to-day--very much and decidedly alive.
He further says "In the senate bill the rights
of the people are not considered. The bill as
sumes that rights forfeited by railway COM
panies still snbsist, and not only should not
be interfcrred with, but should be placed'be-
yond the power or control of the govern
ment"
The following interview with Judge Pay
son on the subject Of railways and railway
land grants will be found to contain great
deal of very valuable and we'll digested infor-
nation. 1t will we'll repay a careful perusal
II have given the matter a great deal of
patient labor" he said, regarding it as OF
great importance to the people, and one which
had but little attention Cooking to practical
results from members of congress. As to the
status of the public lands which have been
granted by congress in aid Of railway con-
struction, the title to which is not absolutely
vested in the grantee, it may be briefly stated,
that there are two classes of grants one to the
states to aid in tho construction of railways, in
which cases the states, respectively, were
treated as trustees and the duty of disposal of
the lands TO the corporations entitled TO them
was left with the state. All the earlier grants
were of this character, and the practice at the
Interior department was, as soon as the line
Of road was established so that the limits of
the grant could be definitely fixed, to at once
certify all the lands to which the road would
ultimately be entitled to the state. In every
instance to which my attention has been
called an excess of land has been certified,
owing generally TO the fact that the oertifca-
tion was always based on the claim Of the
railway company, and this for the largest
possible allowance.
"The other class, the later grants, were
made directly to the companies. In all of
them, of course, was the condition that the
roads should be completed within given
period. Default has been made in the per-
formanco Of the condition by a very large
proportion of these companies. 1 have the
figures at hand as to the different grants in
this condition, showing approximately that
about 13S,000,000 acres, to which the compan-
les are not legally entitled, and the title
stands in allegiance for these reasons, are
a1 hxyH al
"When the bills passed making these grants
1t was believed by congress that unless the
roads were completed fully within the period
named that the lands geanted would revert
to the United States, and that no subsisting
right would remain in the companies. The
question got into the courts, and in Schulen-
berg VS.. Hartman, 81 Wall. "A, which is re-
garded as the leading and decisive case on the
question, the court held that if the condition
be not enforced by the United States, the
power to sell the lands continued in the state
as fully as before the breach of the condition,
limited only by the object of the grant.
So that SO long as that decision stands and its
logic is followed by the Interior department
and by the attorney general, unless formal
forfeiture is declared OF some act tantamount
thereto done by congress, these lands must
continue to be not only withdrawn from the
market and withheld from settlement, but by
part performance by the companies year by
| year they will be given pro rata lands based
on such partial performance, and this, too,
remember, irrespective of final completion
of the roads. The doctrine announced by
| the court in that case as to the status
of lands so granted is mere dictum.
| 1t was not involved in the case at all not
necessary to be divided to determine the real
question involved in the litigation, and in
the Judgment of very many of the best law
yers in the country it will not be adhered 20
when, if ever, case shall arise presenting
the precise question. But SO long as the
matter stands as it does, and congress avoids
action, all these grants are liable to go, as in
the case of the Gulf and Ship Island railway.
| This grant was made in 1856, the road to be
completed in 1856; 652, 800 acres of the best
| timber land in the south was granted in aid
| of its construction not dollars worth of
work was done under the charter; its rights
| by the terms Of the act were forfeited seven
teen years ago, and yet the charter is being
hawked about for sale, and a syndicate OF
New York capitalists arc to-day considering
the project OF taking hold and building the
road and claiming the grant as though the
| time had not expired. About thirty millions
of acres are in similar condition.
"In all these cases tho power should be
| placed in the hands of the government, and
affirmative action be necessary to divest it OF
| the public domain, instead of as now resting
| in the corporations interested and liable to be
wholly lost by inaction ON the part of con,
gress. Beyond declaring forfeiture in proper
cases, as suggested to you, nothing is pro.
posed to my knowledge except the Garland
bill in the senate, which intensifes the evils
ii processes to cure"
-