The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1884-09-19
TAKING RAILROAD LANDS.


We publish In this issue from the Inde-
pendent the proceedings Of the Commission
ers Convention at Helena, wherein the fol-
lowing resolution was adopted:
Resolred, Tha. the several counties Of this
Territory assess all the surveyed land and
town lots belonging TO said company; and
that Jefferson county Is hereby authorized to
bring suit against the company for the taxes
found to be due on said lands IL not paid by
the company; and that the several Boards OF
County Commissioners at their next session
within their respective counties sign an
agreement TO pay their portion Of the ex-
pense Of bringing the suit. IS
The Commissioners Of Deer Lodge county
voted against this resolution, and were ex-
cepted from Its obligations. IL Is not to be
inferred from this that Deer Lodge county or
her Commissioners are opposed to taxing all
taxable Northern Pacific property, nor to
paying It's proportion Of suit to test the
question when there Is q sufficiently rea-
sonable probability of success to warrant it..
But Messrs. Batterton aud Evans did not see
proper to approve this resolution and we be-
lieve acted wisely. The resolution involves
two propositions which might have been act
ed upon separately: 1st, to assess n. p. prop
erty; I'd, to bring suit In an agreed case to
compel payment Of taxes. Perhaps the con-
vention did not fully comprehend The score
OF this resolution, or perhaps We do not. Ii
II means TO assess this year all the surveyed
lands and lots which the company Is entitled
TO demand patent for on acceptance Of its
road by the President, then 1t includes vast
amount of property in each county, on which
the Assessor will collect his commission for
assessing with but an exceeding slim chance
of ever collecting the taxes. In this, the
counties will be assuming certain expendi-
ture with but very uncertain prospect of
being reimbursed. Ifit does not extend to
such lands and lots, then we believe there are
none TO assess, as we are informed the North
ern Pacific has not yet really taken out patent
for any Of Its lands In Montana.
We have noticed that District Attorney
Johnston and tho Toole Bros. give as their
opinion that ''the railroad company's lands
and other property are taxable" This is
doubtless correct, aside from their right of
way easement. But the question is: Has
the Northern Pacific, in the legal sense of
the inquiry, any lands in Montana In whom
does the title vest2 If 1t is In the railroad
company, 1t can be taxed. II 1t remains in
the United States it cannot be. This is our
view but so far as we have noticed the de-
cision In the cases of railroads acting under
charters and amendments similar TO those of
the Northern Pacific they have been uniform
ly in favor Of the railroad companies.
1t seems to us the people In Kansas, Me-
braska and other States traversed by the
land grant roads have exhausted legal pro-
cedurs to make the companies take out pat
ents and bring their lands under taxation.
They have abandoned that effort and are now
endeavoring TO secure an act Of Con-
gress to compel the railroad cempa-
mics to take on. patents for their earned
lands. The only method Of compilation 10
by act Of Congress, such as introduced last
session, compelling the companies to speed
lily take out patents for their lands or forfeit
them. Our political conventions should
give unmistakable expression on this point
In their resolutions and 1t will be proper
subject for the next Legislature to memorial
lie Congress concerning. 1t will require
strong effort to overcome the combined
strength Of the Land Grant Companies, but
the measure had good support last session and
will doubtless have better next. 1t is just
the thing to make railroad companies pay
taxes under the law; but let us get the law
first. These great railway corporations, mu-
nificently endowed by the government,
should pay their proportion of the expenses
of government, and the temper Of Congress
and the people Is to compel them to do it. If
the law now Is inadequate, as We believe 1t
Is, let US not miss the opportunity Of placing
Montana on record In holding up the bonds
Of those who are making the night.