Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1884-06-03

| Rress ttforfeit the land grant Of tbs
Northern Pacific Railroad. and while
tins 10 going on the Noi thern Pacific
Railroad, IN relation 60 one OF its little
branches, have made application to the
President OF the United States for tbs
1ppplntnsnt of commissioners 70 exam
Inc the construction OF its road, and n
that commission report TO the President
OF the United States that the road il
built In conformity with the Law, then
the next step IS to issue to these gentle.
men certificates showing their title 10
tbs lands lying along the branch.
That II one part of the proposition.
he other ID that the Congress of the
| United States are ordering a halt IN this
matter, and they have for consideration
| today before both branches. a. | have
said, bills looking 10 the forfeiture Of
the land grant, OF portion Of tie land
grant, of this road.
| All that il asked today ia that the Sec
retary of the Interior shall not prs siudpe
THIS matter; that the Secretary of the
Interior stall not issue patents, shall
not issue certificates, shall not pass on
the night of this railroad con- pang to
this land until Congress shall have ad-
1udicated upon the matter. X ought
not 20 be question, and there has not
been IN the past a murmur of disaepro-
baton TO pursuing this course. Why
We are nov IN change the policy Of the
| Senate, which has been manifested time
and time agsin-wty at this juncture we
should change the policy of the Senate,
| cannot fully understand.
This railroad cou4pany at this very
day Is seeking to get 'ecognition Of
| their title 70 these lands by patent
when at the very same time the matter
Is being investigated with view of
legislation by Congress. Nothing more
need be said about 1t; but this is in con
nection with this little branch tn It they
are seeking now To obtain a certifioation
of lands for, running from Tacoma up
the Puyallup valley, thirty-ope miles TO
reach their own coal field. desire to
say here, a. question of fact, that
when tue road WAS built, six or seven
years ago, by the Northern Pacific Com
pany, there WAS no pIetense, and they
did not build II with the expectation
taat they would ever obtain land grant
for IL. They built it for their own con
venience, 10 develop their own coal
| fields. They did not then pretend, ~
| the proof shows, that this little branch
line, or on the Cascade brsach, for each
| of which they were entitled to receive
lands, but they bNllt II To develop their
own coal felds, and. after the lapse of
SIX or seven years, then for the first
time do they come TO the President Of
the United States and ask him tn ap-
point commissioners with view of To-
| eating these lands to which they nov
| claim to be entitled.
| Mr.. President, these, AZ | understand,
are plainly the facts OF this case. and If
| they are. then there IL no reason for the
resolution going to the Committee on
the Judiciary or any other committee of
this body; bat Congress should do as 1t
has done in other cases, merely ask stay
| of proceedings on the part ot the execu-
| tive officers until Congress itself may be
heard in the matter.
| Mr.. HAwley-I voted against taking
up the resolution because of the 1nwrit-
ten Law which requires US 10 follow the
| Appropriations Committee, unless IN
| extraordinarily exceptional oasos, when
they desire to consider bill; but, ON
looking at the resolution now, | see
something rather unusual IN IL. IL di-
recta " the Secretary Of the Interior To
| suspend action upsn a law-an enact
meut passed by both Houses of Congress
and signed by the President. | am 40
ill-lnformed on the subject shat doubt
very much whether You have any right
TO direct him or even to request him to
stop executing law; but We have had
| plenty of instances In the history Of
| Congress when both Houses, finding
| that some injustice WAS being done un-
der law, have joined In joint resolution
To suspend action. IL the Judiciary
COMMITTEE will recommend that action
10 US, will cheerfuliy vote for IL; but
do not know anythlng about the subject
of the resolution except the sr Jadrte brief
| statement of the Senator from Nebraska.
made just now.
do not know that can vote for the
resolution ANYHOW. but / certainly can
not without something more of advice
from the law committee of the Senate,
or without more full argument than We
| have had.
Mr.. Wilson, desire TO offer an amend
ment TO the motion submitted by the
Senator from Michigan in the form OF
| instructions TO the committee; that the
| resolution be referred To the Committee
ON the Judiciary with instructions To
report to the Senate at an early day its
| opinion whether or not II IN compe
| tent for the senate TO direct an exc
cuiiye officer 20 suspend the execution
of n Law.
Mr.. Dolph-Let them report the facts
also.
The President pro tem.-The Senator
! from lows moves To amend the motion
to refer it. adding instructions, which
| will be read.
The Chief Clerk-It is proposed 20
/ add to the motion of Mr. Conger the
following words;
with instructions to report 10 the
| Senate At an earlyday its opinion whether
| or not It il competent for the Senate 10
/ direct an executive officer to suspend the
execution of n law"
Mr.. Conger-I accept the amendment,
il have power TO do sd.
Mr.. Dolph-Mr. President. do not at
/ this time propose To discuss the question
which has been suggested, as To whether
1 IL Is proper for one branch of Congress
/ 10 direct the head of Department as
/ 10 the performance of his duti under
a law; neither do propose at this time
10 discuss the power of Congress To for
felt A grant heretofore made to aid In
the construction of railroad, or the
policy of doing so. But, haiiinR from
tne section OF country where this road
il located, and believing that ! know
something about the facts, feel it In
cumbent on me TO state 10 the senate
what understand the facts To be.
The facts la ais case, as understand
them, are as follows: The road ia qoes-
ton from Tacoma eastward, called a
branch or q coal read by the senior SEN
ator from Nebraska. Mr.. Van Wyck !
was constructed some ten years AGO. At
ssast long before the tiEDe had expired
| within which the Northern Pacific kAii
read Company was authorized to con
strucs its nam line aud branches. IL
was construvted on the general route
OF the Cascade branch of It's road and
inteneed as d part of inst branch. At
ter the company bad obtained the right
10 mortgage iis road and lands. IA l-lO.
il commenced the construction OF its
road on both the eastern and western
ends. and built portion OF Its nam
| linz from the Columbia River 10 Puget
Sound al Tacoma, and also commenced
the construction of the Cascade branch
eastward toward the Cascade Mountains
When the revulsion Of ISIS came the
company ceased % build ou botn ends