Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1884-10-22

stsss. IN sstinated distance Of abost
800 miles
The question e to when The Tina for
Cha oou kietioa Of tho Noxknern Pacific
Railroad expired wAs fnlly cOuaidered
and pasesd upon by the departnnenS n
the deciaion az luna IL, 1872 Is VS.
hsId that under section Of the ace q
July 2. 1854. a. modified and amended
by ioint resolution Of May Z. 1896. IA
Stats.. 1851 and joint resolution Of July
1858, Us Stats, 255) the time for the
compilation Of the road did not expire
until July 4. 1879. and that under section
8 Of the original act no pF0cssdinRs can
b. taken until one year thereafter, VIZ,
July {. 1851 This appears 20 be the
Only proper construction 70 BE- placed
upon tbs arast, and il that be 50. then
the time when Congress can take action
hiss not arrived; but, ~ stated above. tne
grant comes clearly within the purvisw
Of the first inquiry OF the resolution, Tor
the time within which the road vas TO-
quired to have been conpleted has al
ready passed
The company vas met, soon after be-
ginning operations. by the financial de-
precision Of 1873 By which u Vas 20
crippled as 10 interfere f0f several years
with the progress Of its works. IL II
however, re-established and 10 prosecut-
ing the verk begun in 1871, and there
il reason to believe that the road will be
completed as soon as practicable. IL
hss NOT alone confined is operations TO
the eastern end of it's line, bat has built
and graded many miles upon the Pacific
coast, and il nsw engaged in construc
ton both In Dakota and washington
Territory.
The resolution asks, What reasons
of justice, equity, or Of public faith or
public policy are there Why Congress
should abstain from declaring for
feiturs Of such grants In whole or In
part?"
The grants were made to aid in she
construction Of railroads deemed at the
time by Congress feasible and neces-
sary. They were made in . few in
stances for the purpose OF opening up
the vast territories Of the west, and in
others for the purpose of facilitating
inter State commerce. In some In
stances work was retarded and inter
fered with by the rebellion; in other
By the general business depression oil
the whole country for q few years past
As sigma of prosperity return. evidences
/ of renewed activity in the construction
of railroads also appear. The liberaiity
Of Congress has been manifested by ND
merous acts of late years extending thu
time for the completion of railroads
and, In my opiuion, it would be unwise
at tins time to deprive any company
which has built part OF its line and u
nov engaged In completing the balance
of the aid heretofore bestowed. and still
held in its favor, especially where the
rights Of third parties are not jeopar
diced. Il sheuld also bs borne il
mind that numerous settlers, in
duced by the proposed construc
ton of these roads and the ben
d Gifts 70 be derived therefrom, entered
| upon the reserved alternate sections I'm
der she pre-emption and homestead laws
and acquired title, either by increases
payment under the former or TO restrict
ed quantities under the latter laws. 1,
be sure, Congress has attempted by re
| cent legislation to extend relief to suc
settlers (see acts of March 3, 1874.
| Stats, $40. and March 8, 1879, ~ Stats
472) hut these enactmsnts afford no ad
equate relief to the majority of the pei
sons who have made their claims valu
able by the improvements placed up0
them.
While think that the aid original
granted for the purpose of building rail
roads should be continued in cases wher
the companies have as far as practicabl
constructed their lines in the face q
unantioipated difficulties and embal
rassments, ana of opinion that, If fui
Their time is granted for the compietio
of such roads, the rights of person
who have settled upon the lands inclui
ed in such grants should be protested
Large bodies of land have been with
dawn and are still held in state q
reservation to satisfy the grants mad
when the roads are completed. Will
withdrawn, such lands were not and al
not subject to settlement and entry, bu
the roads not having been completed
and the time for sucs completion ha,
ing long since expired, persons desirou
of acquiring homes have settled upo
such lands in the belief that the sam
would ultimately become public land
.. and subject to sale and disposal undo
! the laws providing for the sale and di
posal Of the public domain. II suc
grants are now extended, and addition
time given for the completion of Oh
roads for whose benefit they were mad
think it should be on the conditio
: that the settlements thus made shout
! be recognized.
/ know of no reason, however, VIII
there should be an extension of thos
grants where thus far no effort has bee
made to construct any portion Of th
road contemplated, or, ii any work ha
been done, the enterprise was long sinc
= abandoned and is not now being prose
cuted. In all such cases l think earl
legislation should be had declaring
, forfeiture of the grants. am not POI
' sessed of any information bearing upo
the inquiry presented in section 3of th
resolution; but if it be deemed advise
BILE by Congress to declare any of "a
!. grants forfeited, am of opinion thu
! provisions should be incorporated pre-
!. tecting such persons as may have pul
!. chased any Of the lands r. be affectet
! by either confirming the titles acquire
in that manner, or giving to such Pc
soma preference right 10 purchase Cd
Z same from the government, limiting, 9
: course. the time 10 which they should
required in either case to make know
their claims.
Though the resolution calls for sue
| July as - ooutniICu -
: books and papers of the department,
have been compelled TO draw from otht
, sources, and present matters not comm
. literally within the call.
submit statement showing Ia d,
tail the names Of the grantees State
8 in which the grants are situated date
I of the laws making the. graats, wit
} amendments thereto dates when CD
|, grants expired estimated quantity {
I lands granted I; length of roads cor
! structed, and estimated length Of road
|. proposed. Very respectfully. your OBJ
dent servant, j. NJ. ARMsTRoNG,
Z Acting Commissioner.
Hon O. ScHuRz, Secretary of the II
: terror.
Il The voters of WASHINGTON Terri.or
have only 10 read this opinion TO see Ii
utter absurdity Of sending Armstrong
represent them in Congress II the pc,
! L IL. L. ~-.ll.,- A. zsuU