Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1884-10-28
- ..<xre AxD TeKFE1TKD LAND
GIANTS.

=. Aside following 10 from " HiiI'
a. Land and Mining Cases." pub
1 q Warrington city in July. lsso
.s.ri,.s eBunsisted in this article
800 With thst 10 which we have
s;v;ue continued usterance in thes'
..,s daring the past year. and viii
s-.slv % 70 establish the truth oi
..r.iou that absolute forfeitore b
- vroposIsion. The article was
...n.d by the issue Of the nov fam
s.usss Dosansnt No. ls2, contain
-. <espouse of .. w. Armstrong
.1<inr Commissioners Of the Gen
sr1ud Ofios, 70 the call Of the Sen.
4. g iuforznstion concerning shs land
~. q shs various railroad oompa-
-b;sh document has already been
.s,.hsd IL its entirety in the Posi-
.r,,oxxcxs, and in which Mr.. ARM
-, 8 On record as taking ths most
..s.ross position in favor Of shs North
p.~i6e Company and against tbs
~ srticls from the Washington pa
- pssriy -four and . half years ago
- lolIows:
..o..rvrxrx AND FoRFxITxp LAND
AM
4. ,esolution adopted on the I'D Of
,'~~~rx insl the senate Of the United
s..s.. s.iIei upou the Seeretarv Of the
.s.s,;ar fer information on the following
!, what grants of public lands made
i. - n Congress 70 railroad oompa
q % States or Territories In aid
a - eompanies. remain incomplete
:. srsson Of the failure OF she grant
q tkair beneiiciaries 20 comply
II IL terms or conditions OF such
sa Ths sssss, II any, where there has
- 1 uartial compliance with the terms
!, suSditions Of the granite, 70 what ex-
~ lkers hss been suoh compliance,
~ q vhss extent 10 there Just cause
~ 1esIsrine the forfeiture OF the grants,
- mat reasons Of justice, equity, or
4 snblie lAith or public policy are there
- fIoaa1ess should abstain from de-
s1,ina / forfeiture Of such grants In
MS o. In part.
81 Il Gases where she States or CON-
uas,vs 10 whioh land grants have been
rais for the benefit of railroads, and 9
lsx sause Of forfeiture exists, and
rkws bona fIde conveyanoes have been
~ % purchasers for value, what pro
ooe5{on. Is near a. may be, Of the lands
onnnisd have been sold 10 such pur-
skessrs, and what further legislation.
4 any. Is necessary 10 secure TO such
psrsons thiir full equitable right 10
isch lsndsf'
Tkses inquiries we're referred to the
(}eosfal Land Oflice, and on the 18th Of
f6hruary the Secretary transmitted 20
~ nsuate the reply Of the Acting Com
mlaxionsr Of that Office. In this docu-
nsnt, which In its printed form occupies
,ioht octave pages, we find as part of
~ response TO the inquiry embraced IN
~ ffst section OF tie Senate's resolu-
tiea table, of which the essential por-
uoas are above presented.
Hiooting mp the column headed es-
tinztsd quantity Of lands granted" II
HIl " found that the estimated aggre-
Ezis Of these lapsed grants is very near
MQc0 900 acres. The total amount OF
h1d withdrawn from entry and subject
b the claims Of states and corporations
III railroad purposes is stated In the
VI annual report Of the Auditor of
ksilroad Accounts at lover 20O, coo 600
sefss,' whence 10 appears that nearly
sns half Of the land granted for rail-
mad purposes Is already subject TO for
isisurs, while additional quantities are
hkAly 70 become 30 threngh the fail
~ Of the grantees TO fulfill the con-
dilions upon which the grants were
nn1e.
When Il is considered that the grants
tIlsady lspsed. as shown In the abovs
hbls, embrace an area nearly half ~
gsAt a. that of the thirteed original
oiAiss, the importance OF deciding
flshily and promptly what can and
shocld be done In regard TO them will
hreadily appreciated. The first twelve
ssfe accompanied by express provisions
ihAt The lands granted should be for.
lslted, OF should revert to the United
bsxtes, In case the grantees or their ben
s1elATies should fail to fulfill the con-
ntensions prescribed; bat IL has been
tscidsd (Sehulen nberg OF al. VI. Harri-
nan, u Wallace ~ that forfeitare. even
sosa incurred, does not take effect un-
- ths erantor asserts his right, when
~ grant Ia q public ene) .by judicial
pocssdinEs authorized by law" or by
pne legislative assertion of ownership.
such - an act directing the possession
snd appropriation Of the property. or
nd . bo enered fer sale or settlement
II last four grants in the list--thosc 70
'1s Oregon Central. the Northern Pa
coo, Atlantic and Pacific and Southern
raeiac railroads--are conditional. like
ms reat, but, unlike them, were not 40
@nesnisd by express provisions for
nssrsson. 70 the United States, and for
soat reason have not been considered by
ms Commissioner of the General Land
unoe ~ subject 10 forfeiture. The last
nfse are spoken OF by Acting Commits
soner Armstrong, in his reply to the
nsosution above referred to, as anon.
soos 10 character" As TO those grants
1a7s Tue only power or right 70
xssd 70 tbs government will be found
sne eighth and ninth sections" of the
uAs!,nx acts. The drst of those sec
I'VE quote from the Acting Com
asslaner's letter -" imposes certain
aalens required 10 be performed
- the second declares that IN case the
psnies make any breach thereof
- allow the same 10 continue for mp
a o. one year, then, in suoh case
= sny time thereafter, the United States
~ 40 any and all acts and thiug'
cl may Be needful aud necessar,
ss asne q speedy completion OF the
ae cannot subscribe 10 the Opinion
49,. msse grants are not subiect TO for
s,. merely because there was ns
s provision that a breach Of ths
l'ons -. should incur 1t, or because il
~ ovided that in ease such breach
ala occur, aud be allowed TO remain
-. yssss the United States might d,
s~.ssf might be necessary 20 thi
49, eonpietion Of the road. II VA
- Sa ss condition of these grants
~ southern Pacific and Atlantic
-. se'nc Railroads should be com
E..se ~ July |. 1878, and that tn
esssn eesn Pacific Railroad should b
49, BY July l, 1879. Not one o
Iciniied the conditions, and evei
l,r oAte Of Acting Commissions
- = s1Rs reply 10 the senate resolu
hsS sanaary - the Northern Pscif'
~ .s .1 iess than one third Of its lime
tos st !. tne cheapest and easiest pof
~. oaiid; The Southern Pacific hai
4. 49, than 2S2 miles out Of so. ans