Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1884-06-04
.vxvu LAND HELD Bf RAIL
ROAD CORPORATIONS.
,.,sueuut and Live Issue-Cerpo'
80. Means and Methods OF OBJ
,,Iaing Vas, Areas Of Public
Lands - Claims OF the
Northern Pacific.

Lands - Claims OF the
Northern Pacific.
ros ov THE PEOPLE OF wAsHIS0ros
TERRrToRY.
oh. members OF the National Re
Zen Convention This map IL an
poo.o copy. 90 far as scale and lines of
ei.bd,sval are concerned, OF q map Of
W'sb,noton Territory, published by the
''.sr;ar Department in the year 1888.
I'll be observed that the lines of
- ual embrace about two thirds
,s;s extensive Territory. These
Sds ~ are withdrawn in alleged compli
.a nns With the Act Of July 2, 1864 (13 U.
STATUTES at Large, 1861, granting
1n,Js 70 aid in the construction of
.rnII,oad and telegraph wire from Lake
.nnsyior 10 Puget Sound, on the Pacific
Capst nv the Northern Route" and the
Vosointions of April 10. 1863, and May
d $50 amendatory thereof. The said
A., authorized the Northern Pacific
Railroad Company to lay out and con
.,,nc, its main line frocn a point on
lake Superior to some point on fuget
sonnd with a branch Uid the valley OF
the Columbia River to point at or near
portland, in the State of Oregon, ieav.
mo the main line not more than three
bnndred miles from the western termi-
nus. :, .o .oo,
Authorizes the Company ito extend its
brauch line from a point at or near
Portland to some suitable point on
pneet Sound, and also to connect the
same with its main line west of the
Cascade Mountains in the Territory of
Washington" Congress justly think
inc. no doubt, that il had been sufi
GENTLY generous with the public domain
towards this corporation added this
provision
Procided, That said Company shall
no. be entitled to any subsidy in money,
Londe or additional lands of the United
states in respect to said extension of its
branch lines as aforesaid, except such
lands az may be included in the right Of
vay on the line of such extension as 1t
may be located"
THIS COMPANY OF MENDICAsTs,
Having no money of its own, or il it
had. having no intention of embarking
II in the construction of the road, ap
peared before Congress the very next
wear aud asked for aud secured the pas
sape OF a resolution eatitled. A Reso-
lution authorizing the Northern Pacific
Railroad Con- pany to issue it's bonds for
the construction of its road and to go
cure the same by mortgage, aud for
other purposes !" which resolution after
authorizing the issue of its bonds pro-
cseds az fellows:
al 80 and fnnQf ~
der the provisions and with the pripH-
sqes, grants and duties progided IN its Act
Of Incorporation. its main road to some
point on Puget Sound, ufa the valley OF
the Columbia River, with the right tn
locate and construct its branch from
some convenient point on its main trunk
line across the Cascade Mountains TO
Puget Sound"
An ingenious device by simply chang
ing the names of branch aud main lines
one 10 the other, to secure an immense
grant of valuable lands which the year
before Congress had expressly said the
Company should not have. Will any
reasonable man pretend to say that
Congress intended any such result, or
that the language Of the resolution,
above quoted, legally aocomplishes III
The Interior Department has 30 ruled.
Bat shall that ruling be permitted to
stand without question: No new line
was chartered by this resolution; and
does not its language. when strictly con
strusd, clearly oontine the Company to
the specific grants proVided IN its Act Of
Incorporation
In Leavenworth, Lawrence and Gal
weston II. X. Go. VI. u. g., (32 u. 5. 740)
the court says: "All grants of this des-
eription are construed strictly against
the grantee" And further: "A grant
like this should be neither enlarged bg
Ingenious reasoning nor diminished by
strained construction. III the terms
used are plain and unambieuous, there
can be no difficulty ia interpreting
them; IL they admit OF different mean
ings one of extension and the other of
limitation-they must be accepted in n
sense favorable To the grantor. What
Ia not expressly QipeH or .folloses bv neees-
sdry implication Is iCithheid."
One hundred and five miles Of this
extension of what was originally the
branch line, viz: from kalama to Ta-
coma, was completed in 1873.
NO LAND GRANT WAS NECESSARY
10 secure the construction of this sec
ton of the line, and, as We have seen,
Congress did not intend to give any.
The lands withdrawn on this part OF
the line, and which are treated by the
Company as its ewn, embrace some Of
the finest coal, timber and agricultural
lauds in the United States, aud are
alone worth more than $3000o,00O.
This piece Of road ia the only part of
tie conpany's chartered lines CON-
s.ructed in this Territory during the
lifetime OF the grant, even as extended
by Congress. and II is the only part OF
those lines even now constructed on
either main or branch lines west of
Ainsworth on the Columbia river
though TWENTY YEARS have elapsed
since the grant was made, and FIVE
YEARS since the expiration of the ex-
tended time limited In the charter.
There is no pretence that the line down
The Columbia (now occupied by the con
siructed line of another company
built Irithoat the aid of land grant) Ia
to be built, nor is any work being done
In good faith toward the construction OF
the branch across the Cascade noun
tAins.
Is there any reason WHY this vast body
OF land should be longer withheld from
entry aud settlement, with no power
either IN the Government or Railroad
Company 10 give title TO one acre OF u
hh right that the settler on the even
sections should have his burdens or tax
alion doubled in order 10 give this IRE.
sponsible Company IA few more years to
speculate upon its chances 10 securely
iasten Its ravenous clutches ON this fair
portion OF ths peoples patnmony IN
consideration of the mere bailding OF =
railroad that responsible men would be
gao 10 build without the aid of any
grant we're this heavy incubas of with
o'awai removed from our Territory
Learned lawyers have appeared be
,oie the Committees of Congress IN be
naii OF this cooperation, and argaed
seai The grant is not conditional, that
S"n9ress has no power to restore these
lands to the public domain.
THE HEAD OF EVERY TRUE AMERICAN
should hang in shame that hsir-split
an9 congressman have been found
sno' regardless of the duties of theii
olnce, have, at the command of theil
oIporation masters, supported this con
'euuon by their arguments. their voies
aa1 sheir obstructive tactics.
=, lhose Who can read and understand
VIC English language shall judgs
WuctlHr thaaa aer - 49,.