Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1884-06-04
PTrALLrP sRAxCa DISCUSSION.

From the Co.grsssio--al RsaOri Of Ma,
18th We take the following report o
, proceedings In the Senate the day be
fore GA the Van wyck resolution re
questins the Interior Department Il
withhold from the Northern Pacih.
Company patents for lands on sccoun
OF the construction of the PuyalluI
coal road:
eo.tiHasS from sestsrIsy.l
| Mr.. Van Wyck-I win eheerfully sub.
stitute the word requested" There
fore. with the consent of the Senate
l Will modify the resolution so as &c
read requested " instead of direct
ed"
Mr.. Morgan-That resolves pam OF
my objection TO this resolution, but not
all of II. / think this resolution ought
10 go to the Committee either on Public
Lands or on the Judiciary. There seem
TO be some controyerted facts about II.
The two Senators from Oregon are not
precisely agreed in their view of the
| facts upon vhieh our action should de-
pend. or the policy or propriety of the
| action proposed sv the Senator from
Nebraska. Not much harm, / conceive,
can be done by allowing the executive
officers of this Government to execute
the law as We have enacted il. We have
quite enough TO do to enact laws, and
then transfer the question of their con-
struction and their execution to the
proper officers of this Government.
There has not been a session of Con-
gress since have been here that some
bill has not been introduced to forfeit a
land grant; not one has ever yet passed,
| and | am not quite SO clear in my con-
victlon that shall stay here long enough
to see one passed. There is great deal
Of NOISE made about land grants; bills
are introduced, numerous bills, hun
dreds of bills, for their forfeiture and
for all manner of declarations concern
| ing them. but there Is very little action
taken, notice.
object to suspending the duties of
any of the executive officers of this
Government otherwise than by law.
| We enact laws; We impose duties on the
officers. judicial or executive, of this
Government. Let those laws remain in
force until We get our consent to modify
or repeal them; and it is an improper
Interference for one of the legislative
bodies of this Government to come in
between An executive officer and the du-
ties that We snloin him by law to per-
form. Suppose, after all, he should de-
cline our request, what condition are we
left inf He could say, I" l consult the
laws of the United States, and my sworn
duty to execute those laws, and one
House of Congress comes to me with a
request that | shall not proceed to the
execution of that duty" If one House
of Congress can III this manner exempt
an officer from his sworn duty and obi
CATION to execute the law of the land in
respect of land grant roads, why not
in respect to the tariff or in respect of
any other laws We put upon the statute
book?
ltmty bs. think il is very likely that
There ol9 ht to be a Congressional decla-
ration here that this railroad company
never had right to these lands under
any land grant, or, having q right at
any time, has forfeited that right; but
| do not wish to decide that question in
adv nce of the action of Congress, and
| must interpose my objection to this
body interfering with the execution of
the laws upon the statute book of the
country otherwise than by amendment
or repeal. | hope the motion to refer
this resolution to the committee will
prevail
Mr.. Harrison-Mr. President, voted
to take up this resolution now because
thought it to be that character of public
business which demanded present at
tention, and thought it better that we
Should address ourselves now to that
action which was presently appropriate,
but | am very clear and was all the time
III NV mind that this resolution was not
one that should be hastily acted upon
by the Senate without the advice of the
appropriate committee. Itinvolves both
questions of law and question of fact.
The method itself is one which is sub
ject to challenge and has been chal-
lenged upon the floor of the Senate with
very strong reasons. / hope, therefore,
the Senate will consent to make this
reference, and that We shall have from
the Judiciary Committee of this body
report which will enable Us to proceed
intelligently with the consideration of
the subject matter presented by the
resolution.
Mr.. Van Wyck-Supposing the facts
to be as the Senator from Oregon Mr..
Delphi has stated and the legal prope-
sition as the Senator from Alabama
any reason why this resolution should
not be passed by this body. The ques-
ton of fact is to be- considered in the
consideration of this whole question
when it comes before the Senate. In
deed, the questions of law and fact are
being considered by the appropriate
committee nov; but pending that con-
sideration these gentlemen are reaching
out their hands to grasp more of the
public domain at the very time when
the Congress of the United States is
considering the question; and no mat
ter what the facts may be, no matter
what the law may be, all we are asking
for by this resolution is TO suspend ac-
ton until these vexed questions may
be settled by the proper tribunal, and
that is the Congress of the United
States.
My friend from Alabama says we
hasten slowly here in Congress. So we
do. but he will adu it that, had Congress
fastened little more rapidly in the
years gone by, we should not now be
placed i'll the attitude we are in today.
But no matter about the facts, no mat
ter about the law, one thing is apparent,
that the American Congress is consider
ing the question of the forfeiture of
certain lands granted to this railroad
company. That, take it, is not dis
puted: and while the American Con-
gress ia considering that question, this
railroad company is reaching out its
hands to grasp more of the public do
main. take it that that fact is not
disputed.
Those are the only two facts necessary
in the consideration of this resolution,
and we injure no railroad company be-
cause they siHmbered six or seven years
before they dared present right or
claim to this land. Then two Of the
facts necessary to sustain the resolution
are in the case. The merits of this
claim will not be preiudiced by short
delay. Suppose they were proceeding
now to obtain other lands besides these.
would IL not be competent for as to say:
Stop. let this question be examined by
the American Congress?" That is all
there IL in the resolution.
The s,a ,tor from Oregon said, as /
II,l' F-t1,d him, that this branch was
,ulIt by the railroad oofnn IA a ma "A