Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1884-07-20
DAILY -INTEILIGEkCER.
sOMs WEAK POINTS.

before the Seattle Chamber OF NoiA
merce last Thursday said, III referring
IN the claims of his company to tue
unearned portion OF it's land grant
ave have great many "aA
points. may be-that u, perhaps
We have; certainly have exposed
our position 80 that If anybody see7
weak point be conld attack H. fof
oncs We are able to agree with North
.rn Pacific official, and do 80 heartily
We will even 20 further than Mr. mar
ris. and concede that the attitude OF nis
comnanv upon this land question 10 not
only full of weak points, but that u i
totally destitute Of any other thai 'ts
whole dependsncs today - upon the
forbearing charity, or criminal lethsfRE
of Congress; that it rests its hopes oil
acquiring 100000 acres OF unefrhed
pubIie lands, not upon the law. nor
upon equities which exist between "
and the people for whom the Govern
ment ia trustee, bat upon possibility
that no. enough honest men can he
found in Congress to make formal de-
cIaration Of public demand. 1t oees
tn he let alone. Itcries hands of TIL
We load our sacks with the plumber
Just prior to admitting the weakness
Of his position, Mr.. Harris asked this
startling question: Nov, in 1873 WIN
did not Congress intervene, and not SIT
stiII until the road was doneI" Passing
over the trifIinR fact that the road Is
not done; that 1T lacks several hundred
miles of that much desired consuinIna
ton, the answer can be given. Il Is not
creditable to Congress, bat has the
merit of being true. 1t can be stated III
a word. Lobby. That is why no action
has been taken; that is the reason why
the Henley bill still hangs upon the
calendar of the House Of Representa-
tives.
Bot propounding such query Is direct
evidence of weakness. There Is not
Law student in the country who does not
know that the Government was not
bound 10 notify the Northern Pacific
Railroad Company that, after the time
specified in the law for completion Of
its road had expired, it had no legal
claim to any lands for road constructed
thereafter. The silence of the q vsrn-
ment il not 10 be taken as consent, GER
tainly it could not operate affirmatiVely
to extend the provisions of a grant.
The company assumes a right because
the Government has filed no protest.
The company built its road aware that
IL was, doing so outside of its charter
provisions; that II had no legal claim
upon the Government; that If 1t con-
tinued construction II did so under gen
eral laws. IL took the chances thai
Congress would continue TO exercise
that superintendent charity which 1t
has dispensed upon that COMPANY ever
since the original charter WAS granted;
that il would continue to give public
lands which the company might mort
gage to continue railroad building AZ it's
convenience. Its mortgage bondholders
took the same chances when they loaned
money TO the company upon the secu
rity OF land grant which could not be
legally earned. II 10 late in the day TO
plead "the baby act" upsn this issue.
The Government is never bound. 10
order 10 save its rights, TO notify n
grantee who takes a grant upon condi-
tions subsequent, of the breach of such
conditions. On the contrary, to perfect
title in the grantee it must be afflrma-
lively shown that the conditions have
been fulfilled by him. IL is the duty of
the grantee himself TO take notice of his
dereliotion and default. The Govern.
meni loses no right by laches. 1t can
not in law DO guilty of neglect. When
Mr.. Harris complains that Congress did
net make haste TO notify his company
that it had violated It's agreement he
exposes very weak point.
Another weak point uncovered by
President Harris is that his company
does not intend to pat up any of its oW n
money to build railroads, that IL ex
poets that Government will provide the
security that money lenders will far
nish funds, and that the stockholders
will. after they have levied enough
forced tribute in the form of passenger
and freight rates TO pay of the mort
gage debt, own and control the road.
This IL fine scheme, truly. We. the
citizens Of Seattle, are tersely told that
II We want a railroad we must put up our
money and build it. Ne must go into
our pockets for money aud collateral.
IL, 10 save this city from injury it is
necessary to have a railroad 20 the
Green River mines, we must build IL
uuaidsd. Yet this great corporation is
even nov avowedly waiting for the Gov
eminent 10 give il 10000 acres of valu-
able land for buildixg a similar rail-
road years ago. so that IT can borrow
money thereon TO construct another
section for identical purposes. This, in
the year 1854, is claim rs Just and
requisite Gift 10 that company for build.
railroad in country which. within a
radius Of 10 miles. numbers from -, 600
to 5000 souls Is il just that the
Northern Pacific Railroad gran, shall
be confirmed 20 il at this late date ? Is
II jus, that We be compelled. in self.
preservation. TO build n railroad with
private capital TO compete with one 20
be constructed from the proceeds Of a
gift of public property ? IL IL jus, that
this company be permitted 10 mortgage
one-third the landed area of this great
Territory for i,s selfish uses Ths, is
what II is endesvoring TO do. and has
partially accomplished.
Mr., Harris said that rex, winter there
will be such showing made AZ the
opening OF Congress that no one can
DENY that bis company is hnrrying the
- Al