Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1884-07-18
SENATE REPORT
-. Ferfeiturs Of the Northern
pae,fic Land Grant.

90 following il the foil text OF th'
y. made by Mr.. Slater. fronf th'
T,,,se on Public Lands, to th'
S ..a... Of the United State" ~n the he, '$'tf =.
N accompany Senate bill No
So: p,,,,,I.nds >,
lHe as referred the bill IS. 3LS6 e.
snon .hs unAarned lands gr snfed to
| iorsg.,hsrn Pacific Railroad COMPANY
ihs - the construction of railroad
,.o,n Lake Superior to Puget oo1nd
hOS 20 restore the same TO settleineut
lr tor other purposes, have considered
anS .aros and report as follows:
y, - b,ll provides f0s the forfeiture oil
.!bs ia lands adjacent to and cOtermln
h =. -;,h the uncompleted portions Of
90 Ea,,hsrn Pacific Railroad, both on
ihe ain line and branch. Its prosl-
Ns snnly TO that portion OF the main
EOb', ,r.,,n WalIula, w. f., To Portland,
gns distance of PA miles, and To the
M.s.omulsted part of the branch line
s.S,~ Ilussorth TO Puget Sound, W. L.,
TUE ...ace of about $50 miles. lts pas
iii restore to settlement lO,OOO,OJU
a Land now covered bv tue grant
s0 -. yorthern Pacific Railroad Com
and release from Withdrawals from
p..isr,ent made by the Interior Depart
ri for indemnity purposes, 2,Z1O.OO
tcfes more.
Two questiops are presented Tor con-
sSers,ion 10 thls case;
E,st = DOES Congress possess the
,nssr to declare forfeiture OF these
80 SSssnnondly-If the power TO declare the
,.ts,tnrs exists, does sound public
"@Iisy require that 1t should be exer-
sedi -.,,..
"a, eomnittee, after careful inyestiga-
non are fully satisfied that the power
s,i.t. in Congress to resume tue title To
,hss4 lands by declaring them to be for
ri,sd for condition broken; and upon
~, ,se1nd proposition your committee
,,s eoually we'll satisfied that every con
s'5s,ation of y wise public policy rs
oai,es that the power should be promptly
Ths first section OF the act of July 2,
1894 provides for the creation OF the
.orn,ration to he known by the name,
,yie and title Of the - Northern Pacific
g,iIrood Company" and defines the
rarposs of It's creation. Section 2 of
al act grants TO said corporation the
fSht OF way through the public lands
Ior the construction of tue proposed
railroad and telegraph line, and the
rpht 10 take from the public lands ad
iscen. 10 the line of its road materials
ion its construction. The right Of way
vas 70 be two hundred feet In width
anon each side OF tbs road, and 10 in
slude all necessary grounds fer stations,
sorkshops, depots. M achine shops, side
tracks, switches, turntables and water
stations The right OF way Was made
exempt from taxation III the territories.
section makes a grant of land to aid
10 the construction OF said road, and the
graht is as follows:
Sec. 8. And be II further enacted,
That there bs and hereby IL granted to
tho Northern Pacific Railroad Compa-
NJ iss successors and assigns, for the
purpose Of aiding in the construction oi
aid railroad and telegraph liue To the
Pacific coast, and To secure the safe and
speedy transportation of the mails
troops, munitions of war, and public
stores over the route of said line Of rail
way, every alternate section of public
lands, not mineral, designated by ode
numbers. to the amount of twenty al
lernate sections per mile, on each sid,
Of said railroad line, as said oompan,
nav adopt, through the territories oi
The United States, and ten alternate sec
tons Of land per mile on each side oi
aid rsilroad Whenever it passes through
apy State"
The grant was based upon condition,
to be subsequently performed. which
Conditions are contained in section 5 oi
said act, aud are rs follows:
SEQ. 8. And be II further enacted
That each and every grant. right and
privilege herein are 30 made and RiveI
TO and accepted by said Northera Pacific
Railroad Company, upon and subject Il
the following conditions, namely: thai
The said company shall commence til,
sofk on said road within two year.
from the approval of this act by th,
President, and shall complete not les,
than tfty miles per year after the seconC
yeaf, and shall construct, equip. furnish
and complete the whole road by the Ill
day OF July, AID. 1876"
In addition to the conditions con
hined in section 8, a further ooudi
ton was imposed Ia section 9, Al
follows:
"Sec. 3. Aud be il further enacted
That the United States mako the sew
sfAl conditioned grants herein, and tina
The said Northern Pacific Railroad
Company accept the same, upon th,
further condition that If the said com
pany make any breach Of the condi
Hons thereof. and allow the same I,
ontinne for upwards Of one year. then
10 That case, AT any time hereafter, tn,
unlted States, hy its Congress. may q,
any and all acts and things which may
~ needful and ne cessary TO insure I
SPEEDY completion of the said road"
Hwili be seen that the grant was 1,
p'g@Hti, but IL was also a grant mad,
upon conditions TO be subsequent,
rterned. The words of the grant ar,
spt words, wher, by a present estat,
night be and in this case WAS aetuall,
surveyed 20 the grantee; their impor
Ning Too plain TO be mistaken. The
sonuition upon which the grant oi
Ands and indeed all the grants con
Sineu IN the act were made, are alss
aeariy aud explicitly stated. in Ian
suage not TO be misunderstood, and
1ese conditions are that said company
saOaid commence the work on said
Nad within tive years after the ap
prosA OF the act: should complete not
'es not less than fifty miles of sail
uau Zach year after the second year
anu iaily complete the whole of th,
July, 1876 > WA
lae necessary import Of which Is
.as' u these conditions were not per
sOsmed as stipulated. the grant wouls
A. subject TO a defeasance; not oni,
Nv grant OF lands, but each aud ever,
aaos, right and privilege" in the &C
,athed, Tor such IL the express word
~ I the Introductory clause in sectiol
:, Ihs iife of the corporation. the righ
oe ss well as the right 10 the land
-, - made dependent upon the fol
s..ofmance of the conditions subse
ny tne second section of joint reso
IA NSn approved May Z, lS66, ia sta,
Was provided
iuss The time for the commencinI
n. Nv completing the Northern Pscif
soaa. and all its several sections
Tended for the term of two years
the joint resolution of july 1, 1865
~ ~ e.at. SaSl amended section s o
80 scs hereinbstore quoted - as .
ana mat each and every grant. righ
So pnsiiege herein are 80 made an
S'en 10 and accantei nv said Norshar