The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1884-03-07
THE MEASURES BEFORE CONGRESS.

We yield large portion Of space In thi.
issue 10 matters relating 10 the Northern
Pacific Railroad, viz, the decision of The
Supreme Court Of Montana relative TO tax
alton Of its right Of way; the action Of the
House Committee on Public Lands relative
to forfeiture Of its grant, and the bill before
the Senate declaring certain granted lands
subject 10 taxation, that our readers may re.
fer the more readily TO them In considering
/ their merits and the relation they bear 10
each other.
The decision Of our Supreme Court, II sus.
tanned, as 1t probably will be, judicially de-
termines that which was heretofore generally
admitted, that the grade, ties and rails and 400
feet width Of land are exempt from taxation.
The charter Is sufficiently clear on this point
to settle the question In this Territory. The
decision does not 60 to the extent Of deter
mining upon whether buildings on the right
Of way are subject to taxation; and II we are
rightly informed that Is held to be an open
question by legal representatives OF the com
pany, on which issue may at some future
time be raised. Neither does It touch the
question whether under State government
this easement" with It's "personal articles
attached TO the soil" will be taxable. We
have not copy of the charter for reference,
bat IL would not be surprising If that fear
fully and wonderfully constructed instru-
ment is so drawn that the State will be
rs powerless rs the Territory to tax the
Northern Pacific right Of way.
We understand It to be held by the COM
pany that Its charter right to build aud oper-
ate It's road releases 1t from responsibility
Tor damages for stock killed In operating the
road, unless the owners Of such stock prove
that the killing was the result Of the care
lessness or negligence Of its employees.
Here, then, we have corporation operating
seven hundred miles Of road In Montana,
with four hundred feet right OF way, ex-
empt from taxation, and the alleged right to
run down anything that gets In Its way.
In addition to this, 1t has granted to 1t the
equivalent Of solid strip Of land forty miles
wide and seven hundred miles long, on which
1t pays no taxes-nearly eighteen million
acres. For It is well known fact that, al
though title TO such land must be secured
through 1t, and by payment to 1t, It does not
take out Its title from the Government until
IL is prepared 10 convey It to purchaser,
who then pays the taxes. This is a very
smooth arrangement for the railroad CON-
pany. II has many and illustrious prece-
dents for this method in all the land grant
companies west Of the Missouri. IL is not
so smooth for the inhabitants of traversed
regions where local governments have to be
maintained TO protect these great land own.
ers as well as themselves, and the tide has
rs will subject their lands to taxation as
other lands. This Is the object of the bill
reported by the Judiciary Committee of the
Senate, and 1t 10 to be hoped 1t will become
a law. It effects not alone Montana and the
Northern Pacific Company, but all land
grant roads that have been pursuing this
course, and several States aud Territories.
1t Is the only method by which Montana
Territory can hope to derive any consider
able share Of the cost of maintaining the
local governments from q corporation that
has by the nature Of Its franchise and land
grant been gigantic evil in this Territory
for many years.
There is still another measure before Con-
gress-one TO declare forfeited all lands of
the Northern Pacific not earned before the
expiration Of the grant under the charter
and Its amendments. II is we'll known the
Of time expired several years ago.
The position Of the company has been that
under the terms of that fearfully constructed
charter Congress had TO declare the forfeit
ure, and could only do II To hasten construc-
lion of the road. 1t has also held that the
Of the company by the United
States In the Grow treaty recently, revived
any land-acquring functions Of the company
that might have lspsed. But 1t appears the
House Committee on Public Lands has ar
rived at different conclusion. 1t is really
to see Congress taking hold of
these questions with at least some show Of
earnestness and asserting there is power In
The land able to cope with and control the
creatures Of It's creation. This was becom-
Ing matter Of considerable doubt, and Il
will not become entirely manifest until the
Legislative and Judicial branches Of the
Government have passed upon It.
or the two measures before Congress we
wish to see the Senate judiciary bill pass,
and In that event the forfeiture bill fail. The
road has been built, and 1t was not the fault |
,f the company that Congress gave 1t an al
most omnipotent charter But as the policy
II the company has developed so far 1t has
shown such disposition that in the failure
,f the judiciary bill we would have little re.
yret II the forfeiture bill passed.