The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-05-11
THE PUBLIC LANDS.

During the past nineteen years, since 1854,
the United States government has made
land grants to western railway corporations
aggregating 1872, 100000 acres An idea of the
magnitude of these donations may be had
when it is borne in mind that it is equivalent
to two and half times the area of En-
gland, Ireland, Scotland and Wales In
other words, to stimulate the development of
the West, two and half times the area of
the United Kingdom of Great Britain were
pledged, under conditions, to companies
that undertook 10 construct certain
lines of railway through what was then
an almost uninhabited region. The incen-
tive for such magnificent subsidies was
the civil war. Everything that tended to
strengthen the Federal government, to in
crease the population and wealth of the
North, was regarded as imperative, and the
passage of such measures by Congress was
generally approved In the case of one line
of railway that received aid from the gov
eminent, the Union Pacific, its construction
was regarded as a national necessity, since it
was not improbable that we might become
involved in war with some foreign power, in
which event it would have been necessary to
have some speedy way of Strengthening our
Pacific coast defenses.
But times have changed since then. The
great unknown West has rapidly de-
veloped. Lands that were comparatively
worthless, on account of their remoteness,
are now valuable as farming lands. 1t would
be regarded as preposterous for the same
companies now to demand the same subsi-
dies When these vast donations were made,
it was under conditions, and these conditions
have not been met. The lands in question,
therefore, should rightfully revert to the
volyed are so great, the value of
these lands is now so enor-
nous, that the corporations which
forfeited them by failure to fulfill their part
of the contract, will make big fight to re-
tain them. The question is simply this:
The Federal government, desiring certain
| railways, offered certain lands on condi-
ton that the roads were built within
specified time. The corporations accepting
the offer failed to construct the lines and in
some instances made no effort to do so. In
equity that ought to settle the matter at
once, aid it would were not so much in
volved. But despite the fact that they have
no equitable title to these lands, the railway
companies propose to make a fight for them,
and have employed the best legal talent i'll
the land to defend their claims
The present legal status OF this important
question is this: The various railway COM
panies seeing how valuable these lands have
become, decided to attempt their possession.
In some instances they got an extension of
time in which to perform their part of the
contract, and then failed again. Then they
threw aside pretension and made a direct
movement for the possession of the lands
Attorney-general Devens gave an opinion to
the effect that until Congress should formal
ly declare the forfeiture, or do some act
equivalent thereto, the right of the company
patents should issue. In accord
ance with this. patents were issued,
and the practice has continued to this date
In 1875 the Supreme Court decided that the
lands granted to these companies passed to
them by virtue of the act making the grants
on a condition subsequent-that is, the COM.
pletion of the railway within the time speci-
fed; and that if the company failed to COM
plete the railway within the time specified,
notwithstanding the provision that ''the
land shah revert to the United States"
there must be either judgment declaring
the forfeiture or an act of Congress declaring
it, II is apparent from this that Congress
must take prompt action in this matter The
patents already issued would probably prove
valueless after such an act by Congress. but
if this vital question is allowed to
go undetermined until all the lands are pat
ented to innocent purchasers, it would be
well nigh infamous to dispossess those who
have made cry natural mistake through
the culpable neglect of Congress. 1t is esti-
mated that by prompt action on the part of
Congress, as suggested by the Supreme Court
about 90 600, 900 acres of the public domain
can be recovered. This is equivalent in extent
to four and half times the area of the State
of Indiana. The interests at stake are worth
fighting for and cannot be ignored without
blame. The railway companies have no
claim in justice upon these lands, and they
should not be allowed to retain possession
Of them. The welfare of the nation
demands that the West, like the East, be