Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1884-04-09
me P0ST.IETEtlIceNceR PUB. CO.
Ixsy
land GRANT REPORT.
..x.r.e 20 the Company. as Was
Expected.
seattle. June 10 l%3.

w,su,yGTos. March 3l.-The Com
;,,a. IN Public Lands has completed
-. ,.oort on, the bull to forfeit the grant
.hs Northern Pacific. and will make
.o the House tomorrow. II an oppor-
..r;,v ia given. The ~ embera OF the
r,m,,tee saw: "Ihev are satisfie /
.bat the grant was one in present. upon
.ana,,ion subsequent that by breach
- srcb condition the grant along tho
.n,re line, 50 far AS II was nncom-
sls,.d on the 4th dav of July. 1879. ia.
pp.d has been since that date. subject to
sa,tsiture. and that justice to the
rn;,sd States and her CT iZens now de-
msnds that forfeiture and restoration
~ the lands to the public domain
should be declared by An Act OF Con
o,sss. To accomplish this result, and
Al the same time protect purchasers Of
the company's title prior to January /.
1894. and actual settlers and owners of
valuable improvements and the SEC
t;nns adjacent to the completed pOr-
ron of said road, who hold or made
sncb improvements with bona nde in
wnt TO secure title through the COM
pauy. the committee has prepared
snlstituts for the bills referred to it.
and report it for passage. The text Of
this substitute was agreed to some
veeks ago, and WAS given in
these dispatches. In view of the
fact that the conclusion to which the
committee has arrived was earnestly
combatted bv learned counsel ia elabo-
rate arguments and briefs. the commit
Tee deems it proper To refer somewhat
INFINITELY to what il considers the most
material points of the case, especially
A. il was urged that the grant to this
company was an exception from the
otherwise unbroken line of forfeitable
Grants. and was held AZ An example OF
unparalleled generosity ON the part OF
the United States III giving away mill
ions of acres of the public domain with
ont any provision for resuming its title.
even upon absolute failure of the com
pauy to fulfil its psrt Of the contract.
The act of Congress containing the
grant to this company WAS approved
July 2, 1864, and the grant was in extent
the most muniflcent of all the princely
Donations made in the era of liberality
10 aid in the construction OF railroads,
being for 70 miles along the entire line
in all the States, and 10 miles in all the
Territories through which the line
might be located. The land subject to
is operation was in fact all odd mum
bered sections in the public domain.
extending over 1000 miles from Lake
Superior to Puget sound 40 miles in
width in all the States and 20 miles in
width through all the Territories
throughout which the line should be
located.
THE CONSIDERATION.
The consideration of this munifioent
grant AZ specifically declared by the act
| itself was to secure the snfe and speedy
transportation Of the mails, troops, mu-
ntions Of war and public stores over
| said railway, to promote the public in
ierest and welfare by the construction
/ Of said railway and telegraph line. to
keep the same in working order and TO
secure to the government at all times,
more particularly in times of war, the
ass and benefit Of the same for postal.
military and other purposes. The com
mittse then quote sections B. B, and
Of the granting act and continue:
The period fixed by the eighth sec
ton OF the granting act, within which
the road was required to be completed.
vas subsequently extended to the 4th
day of July. 1879, as appears from the
following facts: The joint resolution
Of May Z, 1866, extended the time two
yasrs, and the joint resolution of July |,
lHGS. amended section eight of the orig
mai granting act, 40 "a to read July
4, 1877, aud June IL. 1879" The Score
tary Of the Interior held that the effect
Of these two Joint resolutions was to ex-
tend the time to July 4. 1879. In this
vlsw the committee concurs, and adopt
that period as the expiration Of the Pc
riod Of limitation. The total length of
line. ~ located and proposed. Including
The Washington Territory branch, was
eI0 miles. Prior to July 4, 1879, there
lad been completed 53l miles OF the
oad, leaving liza miles uucompleted at
he expiration Of the time of limitation.
70 round numbers, ii Is estimated TO-
i N5,aO acres were earned prior to said
late. and 81. $50 800 acres remain subject
to forfeiture. The consideration of the
ase involved two general and leading
positions: First, the power of Congress
declare grant of the public lands
'offeited for breach of condition subse-
;uent; second, whether, this p'wer be-
"'Sus sACsc hkC any AoeahusVS hA s"s"
articular case excepting the grant
iom the general rule. The power of
congress TO declare forfeited a grant OF
We public lands made to corporation
ga State by an act containing clause
aosiding that the lands should revert
upon failure to build the road within n
pecihed time, is established beyond all
Ssontfoversy BY repeated decisions by the
Supreme Court.
AUTHORITY TO FORFEIT.
me committee then recites LARGE
Tumoer OF cases. among them the
salted States VS.. keportigry. and Farms
su1o VI. The Minnesota 4 Pacific Raj
sa Company. The committee con-
ssues that, following its authority, ex-
ruons of the Law, as well as the rea-
III properly involved, il has uniformly
z m mat Jurisdiction existed in Con.
~ ~ 10 declare these grants forfeited,
~ ~ mas reported several bills to accom-
s.so mat purpose. some of which have
m;,s ;sady passed the House. The com
s.aa es adhere to this position in the
~ under consideration. 1t is also of
ropinion that there IL nothing in the
ro'islons Of the Northern Pacific Act