Helena weekly herald. [volume] (Helena, Mont.) 1867-1900, 1884-12-18
Helena, Montana, Thursday, December 18, 1884
Oregon Central Land Forfeiture.

oregon CentraI Lana OTieiture.
WASHINGTON, December lin the
Senate the amendment of Mr.. DOlph's was
adopted providing all settlers in good faith
on the lands forfeited who are otherwise
qualified shall be entitled to preference,
with the right to enter the land in accord
ance with the homestead or pre-emption
laws, and shall be regarded as having legal
ly held such land from date of settlement,
and in case such settlers be not so entitled
under existing laws, he shall be permitted
within a year to purchase not to exceed
16O acres at $125, and reducing to S125,
the price of even numbered sections along
the line of the incompleted portion of the
road.
The amendment offered by Mr.. Plumb
was agreed to by vote of 33 to II, repeal
ing the act of March 3, 1875, which allow
ed settlers on railroad lands subsequently
forfeited to locate an amount equal to the
original entry without additional cost.
Mr. Sherman, in some remarks favoring
this, said that the land was open to home
stead entry which was enough. 1t would
not do to permit speculators to get hold
on these lands and hold them for settle
ment. He Sherman would favor the bill
to repeal the pre-emption laws, for they
had long outlived their usefulness.
Mr. Morgan inquired of Mr.. Dolph
whether there were any other parties af-
tected by the forfeiture than the United
States Government and the railroad COM
pany.
Mr.. Slater did not think there were. He
believed there had been no effort made by
the company TO sell lands.
Mr.. Dolph believed there was mort
gage and perhaps deed of trust, which
embraced in their description all the lands
of the company, both earned and unearn-
ed, but he supposed that the grantee OF the
land grant made upon "cOndltiOnst subse-
quent" could only take or mortgage such
rights as existed, and if the conditions had
not been performed there could have ex-
listed no right which a mortgage could take.
There were no questions involved, Mr..
Dolph said, that would not be fairly and
equltably settled by the provisions of the
bill.
Mr.. Morgan had understood in the COM
mittee that there We're no mortgage or in
cumbrance or that anybody's rights were
affected except those of the company and
the government. II mortgages existed on
the lands of the company the matter
should be looked into. 1t might be that
the mortgage rights covered the rlgnt TO
take the lands and build the uncompleted
portion of the road. He moved to recon-
NIT the bill to the committee on public
lands for further examination.
Mr.. Blair supported the motion. Though
a member OF the committee he did not
know until this morning that mortgage
existed on these lands.
Mr.. Dolph said that he had made to the
committee the statement just made by
him.
Mr.. Morgan remarked that he had not
heard it, and inquired OF Mr. Slater when
he Slater first heard of it.
Mr.. Slater replied that he was not sure
of having heard of it before this morning,
hut the bill protected the rights OF all as
it stood.
Mr.. Van Wyck said that day after day
until midnight, the attorneys of these rail-
road companies had appeared before the
committee and made every conceivable OBJ
lection to these forteitures, and everybody
knew that every land grant railroad com
pany had put mortgages on its entire grant,
from the beginning that this company had
followed that course, and if Mr. M0rgan's
position was correct, Mr. NanWyck argued
that not only would every mortgage
have to be heard but every judgment cred
itOr too.
Mr. Morgan said that the bill should pro-
vide a complete method for settling before
the courts all questions OF rights that may
ue involved as had been done with the At
lantic and Pacific forfeiture bill. Tie in
sisted on his motion for recommittal. He
expected to vote for this forfeiture as he
had voted for the Atlantic and Pacific for
feiture, and he expected to vote ior the
Texas Pacific fort rfeiture, but he wanted to
see carefully protected the rights OF
all mortgages, settlers and innocent peo-
pie who bought bonds of land grant roads.
After further debate the bill went over
and the bill for the admission of Dakota
was taken up.