Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1884-05-20
DAILY POST.INTElLlGENCER.
vuHoUr AUTHORITY of Law.

WITHOUT AtEhOhtft VI sAW
Elsewhere in this issue is Published /
the debate in the United States Senate, !
as published in the Congressional Record
of May 10th, upon the resolution intro
duced by Senator Van Wy>k, OF Ne
braska, directing the Secretary OF the
Interior not 10 grant patents TO, OF rec
opnize any claim Of the Northern Pa
cific Railroad Company for lands claiIn-
cd to be earned by constructing the
Puyilup coal read, pending Congress
sion.L actinn upon the subject OF for
feit,ne The unearned land grant to that
..upsny. To the remarks of Senator
Slater. of Oregon, attention is especially
directed. The position taken by tho
posr-IsIE1LIsKScER as TO the legality
of executive action in accepting sections
OF the Northern Pacific railroad com-
pleted after expiration of the time
vbsn. under the limitations of its char
tar and subsequent Congressional reso-
,nt;ops. the railroad should have been
completed, ia ably and conclusiveiy up
bsld Nv the Hon. Senator. IL IL, We be-
Iieye. the first time that this view OF the
case has been presented for considera-
tim in the Senate. Senator slater puts
the question plainly as follows: III,
then. this statute WAS law q. g., the
granting act of 1884 the Law vas that
this road should be complsted In ten
wears, or in 1876. Not being completed
in that time, should like to ask the
ouestiop by what authority the depart
ment or the President Il the United
States made appointments to receive
any subsequent section of the roadf
His conclusion is that "the President
Of the United States had no right aud
no authority to appoint commlsaiol
1, receive ANY section of the road afteI
the expiration Of the tune the statnt'
prescribed within which the road shouiG
be built, and ia that there was All exercise
of authority not granted to the Prssi
dent Of the United States"
We have heretofore briefly discusses
the legal aspect of this question. To q
IL In clear that from and after tho da
upon which, uRder the terms Of tn
granting act, "a modified and amende'
by subsequent resolutions Of Congress
the road should have been completeo
the appointment Of Commissioners, &C
ceptauce Of sections completed subst
auent 10 that date. and issuance OF pal
ents to lands claimed to have been carr
cd thereby, were each and all OF theI
executive acts unauthorized by Law, An
therefore illegal and void. The Pres
dent 10 not the Government, nor Al
acts Of the Executive Department. nc
coming within the scope Of its conssitt
tional powers, acts Of the Cove rnmen
The inspection and acceptance OF sec
ton of the Northern Pacific railroad
neither q constitutional power nc
duty of the President. Whatever G
either he possesses is obtained from III
statute, which limits his power, Will
defining bis duties Hereunder IN plai
language. As we'll might it DO assume
that the President has power to enlarR
the grant OF lands made by Congress
the Northern Pacific "a TO extend th
time In which its railroad must be- com
pleted in order 10 earn them. To d
either In TO do an act rnwarranted
the constitution or the law under whic
In this case he is acting. Referring
this. Senator Slater well says the la
had ceased to have force by reason G
it's limitations, and the power to receiy
and act upon it THAT portion of Oh
read completed after the time expired
was certainly by the strongest implics
ton taken from the Executive Depart
msnt when the time expired With
which ths road was to be oonstructe
according to the conditions contaiue
In the grant" Now that the matter
before the Senate. IL will not be sui
fered TO pass from view without "a
discussion, which, we believe, is all tina
10 needed to convince any intelligen
and unbiased man, even though he
not learned in the law" that tn
claim Of this company to over 30.UO0,O0
acres of public land is AZ absolutely lille
gal M 1t il ineqaitable. II IL high tim
the people were given the benefit of
little legal construction of executive du
ties. The land grant corporations hav
already been teo long the benefioiarie
In oil doubtful cases, and, we NAV add
In many where the law was cIearl,
against their claim. Such, we believe