Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1884-05-03
The correct pla, for 10 miles vas re


north boundary of tp. = north.
The next withdrawal, IL order Of time
vas that nov known as withdrawal o.
Feb. Z. 1872. ordered by Commissions
by telegram Feb. 10. 1872. received her,
Feb. II, 1872, ION Feb. l4th plat and IL
structions by mail forwarded by q. l. %.
and plat received here March 10. 1872.
This Is the Withdrawal extending &
Bellinghsm Bay. The next withdrawal
that of Aug. -, 1873, was by the Skagi'
Pass. The plat aud order were received
here Oct. y. 1873, and unde. insiruc
tions this Office advertised restoration Of
lands to take effect. and it did take IF
feet, Dec. /, 1873. This Is the first with
draval from the branch line. and Is tn.
one We are no 3 acting under. The mex
plat OF withdrawal was received hers
Feb. II, 1874. This took effect Sept. l3
1873, and IL the definite location fol
lands from Kalsma 20 Tenino.
The next plat received Was for definite
location, T-nlno to Tacoma, received
Dec. Is. 1874, took effect May IA. 1874.
The next plat or diagram was read
Iustment Of northern line Of definite
location: diagram received here July 10
1870.
such is a full history Of the with
dravals a. shown by records here.
have no further Information, either of
ticiallv or otherwise, III relation to map
filed Nov. -. via Naches Pass.
Your lette! of tue 9Th only came u
hand to4ay. Very respectfully.
J. /. BEowS.
From this II appears that in February,
1872, on the haIama and Tacoma line,
lands we're Withdrawn from the south
erp boundary line of the Territory Ia
BeilIn9ham Bay, within "A few miles of
the British Possessions. The center
line of this Withdrawal was nearly mid
way between the Pacific ocean and the
Cascade Mountains. embracing nearly
the whole OF Western Washington.
On the 18th of August, 1873, the first
withdrawal was made for the Cascade
branch on "A line leaving the main line
at or near Pen d'Drel,le, thence by a
meandering course westwardly across
the Cascade Mountains to the head
waters of the Skaelt river, bv the most
northern pass, known As toe Skagit. and
thence, after reaching the Sound, south
along tho valley of the Sound until a
connection was foand with the main
line at Tacoma. The lands were with
drawn on this route until 1879. or, as
appears by this letter, until 1881.
In 1879 the other Withdrawals iOr the
Cascade branch by line from near
Twin Wells, through the Cowlitz Pass
to- Tacoma, was made, aud the lands on
the Skagit were restored to the public
domain; the distance from the CowlItz
Pass to the Skagit Pass being about $50
miles.
Section 3 OF the act of July "a, 1864.
provides That there be and Is hereby
granted" describing the land at the
time the line Of said road IL definitely
fixed, and pat thereof filed in the office
of the Commissioner of the General
Land Office" And section provides
- That tue President Of theC United States
shall cause the lands to be surveyed for
forty miles III width on both sides of the
entire line of said road, after the general
route shall he fixed"
Now, MIR. Chairman, l maintain that
these sections afford no basis for the
filing of more than one map, or author
iZe more than one withdrawal. The
charter act and joint resolutions do not
provide for proposed lines, trial lines or
lines AZ they have been flied
and allowed IN the General Land Office
1t cannot reasonably be supposed that
Congress intended to give IA grant that
could be tloated. at the will Of the Com
pany. all over the States aud Territories
through which the road was to run. No
fair Interpretation of these sections will
show authority to put the definitely 10
Gated lines outside the limits of the first
withdrawal, or that they contemplate
any material v .riation from the line of
the general route.
am informed that the Supreme Court
has held that such thing could not be
done. in recent case. This authority
have not had time to look up. but will
do SO, and cite it when ! have this areu-
ment printed for your use. The filing
of tue Skagit Pass route map on the 18th
OF August, 1873, definitely fixed tho line
aud the withdrawal of the lands On that
route by the Secretary Of the lnteri"r,
at the COmpany's request, WAS ipso fdctO
an accept tnce by him of the line. and
such action irrevocably bound the Com
pauy and the Department.: their au
thority in the preislses was functus, and
nothing except legislation could change
the line.
The Company long since abandoned
the Skagit route. and i'll 1879 definitely
located their line through the Cowlitz
Pass.
But, Mr.. Chairman, the minority and
our own Delegate report III favor OF for
feittng the grant appurtenant to the line
do Sn the Columbia river. Qul.e gener-
GUS indeed for the State Of Oregon. but
Of what benefit to tho Territory OF
Washington!
You will observe that the Withdrawals
on the branch line lap over and include
almost the same lands in the Territory
that the Withdrawals on the Colunbia
river line would include. reaching with
the lieu limits to within ten or fifteen
miles of the Columbia river, and MIR.
Chairman, n great portion of that ten
or fifteen miles between the south line
Of the branch withdrawal and he Co
lumbia river cons,s of sand hills and
bas.ltic mountains, and Is totally worth
less.
What. Oregon is to have all the bene-
hts of transcontinental commune
over this road. without giving one acre
of land to aid in its construction.
No matter, Mr.. Chairman. what the
Senate of the United States may do. or
WuaI Odt lSttCkteS AoN HN'tSp' w 49,
hope that you will not allow this wrong
to be perpetrated On the people Of Wash
ington Territory.
Whv, to construct this branch road as
they propose to construct 1t includes
within the limits of withdrawal the
riches, valley in Washington Territory.
the valley Of the kittitas; n valley ca
pable of supporting fifty thousand PEG
pie, and Vet II gives these people no
practical railroad communication what
ever. because high ridge of hills, rising
To the magnitude of mountains, lie be-
tween them and the road, and the line
of the road Is more than - miles from
the heart of that valley.
Mr.. Chairman, the majority OF the
committee furnish to me the strongest
reason for the forfeiture of this uranch
line.
They say, on page .: Might not the
forfeiture Of the grant IN the hands oil
this Company. and the consequent crea
ZION of an open field for open competl-
ton, best conduct 10 the speedy, uisi'
mate completion of the entire liner!
The city of Seattle stands ready today
to subscribe 81 900 .0O. and Eastern
Washington a like amount, for the pur-
pose of constructing a railroad through
the Suoqualmie Pass, by the rich valley
of the kittltas. thence through Eastern
Washington to "A connection with tht