Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1884-10-29

rW. W Watchmsr1

ure OF the land grant 20 the Norshern
Pacific Railroad, there Is question OF
very great importance to citizens OF
Eastern Washington involved 10 the
settlement OF the rights Of the connpa-
Az under the grant The third section
OF the act Of July 2, 1864. grants to
the road twenty alternate sections on
each side Of the line Of the road
through the Territories, whenever the
United States shall have full title, not
reserved, granted or Otherwise appro
prinsed and free from presumption,
or other claims of right. az the time
the line Of said road Is fixed; and
whenever, prior to said time. any Of
said sections shall have been granted,
sold, reserved. occupied BY home
81 sd settlers, or pre-empsed, or 9th
erwise disposed of, other lands shall
be selected by said company IN lieu
thereof, under the direction OF the
Secretary Of the Interior. in alternate
sections and designated by odd mum
bers, not more than ten miles Beyond
the limits of said alternate sections.
There vas no provision 10 the grant
authorizing the company TO mortgage
the lands granted. In the spring OF
1870, the company applied 10 Con-
gress for such authority. and on May
81. 1870 Joint resolution was passed
authorizing them TO mortgage, and at
the same time placing certain iimlia-
tons upon the grant. among which
was one requiring the selection oil
lieu lands to be restricted 10 the state
or Territory in which the loss occur
red. Under that limitation the COM
pany would be entitled TO make selec-
lions In this Territory for only 50
much as they can show to have been
lost by them in the Territory. Near
Nv all the entries of land within the
Territory made prior TO December ),
1870, were in the immediate vicinity
of WalIa Walla- All of Eastern
Washington, with the exception OF a
portion of Klickiiat county, was en-
braced in the Walla Walla land dis
trici when that district was first Or
ganized. and the records of the land
Office show all the entries that had
been made within the district at the
time Of the withdrawal for the railroad
West of the Cascades there were I'M
doubleday few entries made, by
which the company lost small
amount of their land. But il is esti-
mated by those best competent TO
Judge, aud has been frequently pub
lisheu, that in the entire Territory
the losses do not amount to $4,000
acres. North and east of Dayton, in
Columbia and Garfield counties, and
along the eastern border of the Terri
tory north of Snake river, lie some OF
the most valuable farming lands in
the northwest. Most of these lands
are within the ten mile indemnify
limits of the Northern Pacific. That
company claims To have the right TO
select these lands as indemnity for
losses made IN Idaho and Montana,
and has already made applications
for the listing of about las. 900 acres
OF these lands, although it is entitled
to not more than 10 900 acres. Other
lists are being prepared by the CON-
pany. and IL is the intention to take
all of the valuable lands. If the rail
road company was willing TO sell
them at the government price, the
parties occupying them would not Oh
iect, but railroad appraisers have put
the price on them as high as SIS and
$40 an acre, In adjusting other
grants the Secretary of the Interior
requests the grantees to show the loss
by describing the land lost, and show
why the loss occurs, before indemnity
will be allowed. This is the case in
grants 10 States of sections sixteen
aud thirty-six Why should differ
ent rule hold with railroad compa-
niesg The Northern Pacific some
years ago laid claim to the lands in
Bitter Root Valley, Montana, the
whole of which were within the fifty
mile limit OF the grant claimed along
the line of the road. Under the Stew
ems treaty of 1851 this valley was re-
served for the joint occupation of the
Flatheads and whites until such time
as the President should issue his
proclamation declaring the valley
open for settlement. The President
did issue such proclamation 10 1876,
and the railroad company attempted TO
stretch It's grant over that fertile val.
ley, and even announced the intention
OF taking away the lands OF those who
had obtained title from the govern
ment. The settlers pooled their is
sues, employed competent attorneys,
aud organised vigorous fight against
the common enemy, and won, as peo-
pie will everywhere who have the dis
position to assert their rights. And
Ii the people on the so called lieu
lands will collectively employ an at
torney 10 present the case To the Sec
Rotary of the Interior, there can be no
question that the rule that holds
against States in the matter of indem-
nifty selections for pre-occupied school
lands would be made 10 apply to
railroads, and il will be restricted in
its selections 10 the losses shown To
have been sustained in the Territory i.
The government price Of these lands
is $l25 per acre, and the settlers
would get them at that price, provid-
ed the railroad company is not per
mitted to steal them.