The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1883-09-14
PACIFICaRAILRoAD LAND GRANTS.
The Forfeited Grants to be Contested In the
Next Congress.

WASHINGTON, Sept. Judge Payson is
preparing an argument against the transfer
ofths Texas Pacific land grant to the South
ern Pacific railroad, to be filed with the Sec
retarv of the Interior. The Judge has forth
he'd himself pretty thoroughly with private
and public documents. There is belief on
the part of many persons who have watched
the course of Mr.. Teller, that he will decide
against the transfer, and would do so with.
ont any argument. There is room for plenty
of doubt about the Southern Pacific claim,
and the Secretary has generally denied the
benefit of doubt TO claimant corporations.
There are about fifteen million acres of land
In this grant, and Judge Payson is deter
mined to secure it to the settlers If he can.
He takes extreme ground in the case of these
grants, and will not admit that in case of the
Northern Pacific, there is nothing now that
can be done. In the first place, the North
ern Pacific has several subsidiary grants that
1t has not earned, and has no intention, for
the present at least, of earning. About l.
granted for the Portland and Astoria line,
which the company shows no inclination to
construct. There are three million acres
along the Columbia on both sides of the
make route through, because it has come
into the possession of the road already built
there by the Oregon Railroad & Navigation
Company. There are about 1880, 900 acres
along the proposed Cascade line where no
road has yet been made. Obviously, these
tracts are still within the reach of Congress.
Even in the case of lands granted to the
main line, though the line has been COM
pleted, where patents have not been issued
to the railroad company, Judge Payson holds
that Congress can still declare them forfeited.
This is agreed to by many persons, even
those who would be glad to see the grant
confirmed if possible. But Judge Payson
concus with Mr.. Holman, of Indiana, in the
belief that II 10 not yet too late to declare
the lands forfeited. He will, as soon as
Congress meets, offer o bill declaring the
forfeiture of all the unpatented land granite.
The Fory-Seventh Congress had under
consideration the claim Of the Texas Pacific
Railroad Company to the lapsed land grant
Of Is, 100000 acres of land Of the Southern
Pacific Company. Judge Payson,of Illinois,
aAd Proctor Knott of Kentucky, were origi- |
nally the only two members of the commit
tee who opposed the legality of the transfer.
Subsequently Knott was taken sick, and Pay
son was left to fight the scheme alone. This |
be did so well that on the final vote the |
transfer was defeated by IA to !, and bill |
declaring the grant forfeited and returned |
to the public domain was reported to the
House, but failed TO pass. After adjourn
ment it was stated to Judge Payson that
Messrs. Huntington and Crocker of the
Southern Pacific, would endesvor, during
the summer, TO induce Secretary Teller to
recognize their company as a land grant
road, and certify to 1t the Texas Pacific land
grant. In order TO forestall this action,
Judge Payson requested the Secretary of the
Interior and the Attorney General TO notify
him If the company attempted any such ac-
tion, In order that he might present an argu-
ment In oposition. During his absence in
California, Judge Payson noticed In the
newspapers paragraph that Messrs. Dunn,
Rosecrans and Cobb had filed a protest
against the transfer of the grant, and SUBJ
sequent item to the effect that Mr.. Hill,
to represent them, had made an IN
effectual attempt to withdraw the protest.
Supposing that something had been done, he
came to Washington and found al elaborate
argument filed by Tweed, of the law firm of
Tweed 4; Cboate, of New York, asking that
The Texas Pacific grant be transferred to the
Southern Pacific Company. Payson imme-
diately set about preparing reply to this,
and is now engaged at the Interior Depart.
ment in collecting evidence there on file in
support Of his statement that the Southern
Pacific has DO legal claims whatever to the
and grant "f the Texas Pacific company. In
4 COMPENSATION last night he said be came as
! representative of the people TO fight against
his effort to stea! 100000 acres Of the
public domain. This he said Is only one
,ase out of many involving upward of 1885,.
100000 acres of lapsed land grants, which
Up to the present time have received far too
little attention from the press of the country
md which will certainly become feature
VI discussion in the next Congress.
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