Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1884-05-08

s.sstie. June 10 lsss.
....xs or RAILs0ADs WITS
rag GOVERNMENT.
"A. Ceupanies are Favored q
,se Expense Of she People.
,.b;s sreat speech Of April l7th. ii
- AZ forfeiture of unearnsd iant
~..,,. ssnsior Slater dealt plainly will
Z. ,.nner in which the conpanie'
s.,s been treated by Congress and thu
,..s,,er Department. These grants, h
"a h.ss been the fruitful source oi
aals in and out of Congress; they
- t,rouQht distrust upon every de
'.,.snt ~ the Government charged
- sse administration of the land lawi
= - esuntry. 10 great has this dis
- came 70 be that among the peo IL
"a bsye been seeking homes upon pub
: lsnds il is boldly asserted that the
1870 4 - of the railroad corporati'.ns
1.ssinsse and control the rulings OF the
ssrd Iluartment; and il IL TO the shame
- aisrredit Of the country that the
...asstion ia teo we'll sustained by facts
ss,sh sre NOT 10 be denied. The rulings
= shst Department have been 80 vacil-
hsiuc, 40 often changed, modihed, OF
,ggassd, and 80 often made IN the face
4 s,II recognized principles Of law, az
q ,uscset gross incompetence. or, what
/. xarss. oorruption and colluslon.
Ths settled principles OF Law which
saairs public grants TO be most strictly
aassrusd against the grantee have been
aa,riausly ignored in the constructions
s,ssn tkose grants by the Land Depart
nspt, A IL shown by numerous deci-
soos. ]. W. L.e Barnes, one OF the law
serks Of the General Land Office, IN his
,rsiuopy before the Senate Committee
a Public Lands In the Forty-seventh
Congress tessi6es as follows before thai
sgmmiltee:
0. Have the laws generally been liter
slJ construed in favor of the rail-
hadsf
4. Yea, sir. The principle of law ap-
aieable 10 public grants - that they
oueht 10 be construed strictly against
tAs rrsntees--has not been observed, al
though the exceptions TO the grants are
ssgy strictly ruled against.
d. That IL 10 say, that the grants have
bsa construed very Literally to the gran
" and against the settlerf
A. Yes, cir.
In another part of his testimony this
witness says, Ia speaking of the class
81 Gases which come before the law
sIsrks for their examination, as fol-
losE
q. Are these questions that go before
yea for adjudication such as are not sat
sfassory 10 the corporations interested
IA lhemf
4. Its the other way. The cases in
skieh the decisions that have been made
30 satisfactory TO the corporations are
lAs ones that usually come before the
NV olefks' division.
V How IN thatf
4 In nresiewing the office decisions the
aaass that may be thought to have been
sfansously decided according to the
usss Of the law division are usually
lhoss where the decisions are favorable
70 she corporations. Ii is not usual to
make mistakes In favor Of the settlers.
II Is In the revision of this class of
sofs and the detection Of what seems 10
yos 70 Be injustice toward settlers that
he qatsttons arisef
A. Yes, an; aud in the same way where
As Interests Of the United States are
eenesfned.
And In speaking OF the way in which
o'natets between settlers and these COR
pofasions are brought up, heard aud de-
kfnlned, and before whom determined,
als witness SAYS:
v Before what tribunal or what class
minus are these questions heard in
ne int iEstances
a Before tho clerks having that mai
" U charge.
Before ordinary clerks?
l. Yes, sur.
v 70 these counsel have access in
nsiiy 10 these clerks in private con-
1sson and otherwise, and endeavor
9 pss9 their views upon these clerks
~ sacn means as they see tit 10 sxer-
~ upon thsms
a : mink II has usually been the fact
- tns view Of railrsad attorneys and
49, oonslructaons Of the law have been
- - Impressed upon the minds of clerks
upon cases In which the corpora
- - efe Interested. l he regulations
saloat conferences between attorneys
,s.ssetksexcept upon permission. Such
as.ns aons have not always proved ef-
ss ~ although they are now more
- enforced than formerly. Attor-
oase. however. full access to chiefs
AxI sAyG
.,s aase are no formal hearings. The
- drought upon clerks is the pres
s,,..sa me power and influence of great
~ sstssions II case involving rail,
saaserssts adverse 10 settlers right
{ paoiie interest happt ms 10 come
49,. atsention of the Commissioner
~ ~ lnAi decision, the attorneys usu.
- - " cot aud interview the Com
- = ef on The subject. They also look
49, s.oseiy after cases thas may in the
manner come before the Law clerk
1s opiniou.
Ssn.ss. ssese statements of this witness,
a. c.ater says.it appears too plainly
st,ss.s ,ss.seupasd that the rulings and con.
hssssss y of the Land Department, al
srssl.s.a .ne ians grant corporations and
ss;ss.s mas been steadily and almost
u -. IN the direction of enlareins
-. knss OF these corporations by ie.
rsAs.s .ne settled principle of Law thai
alssa ktanss ought 10 be strictly con.
- kAinst the grantee, and giving
sm an6 The most liberal construc
u 'ss"r OF the railroads, and q,
tsn ~. ame restricting by construc-
hisss ~ .ese*ptions and limitations con
h.,ss - tnese grants 10 the narrowesi
a. soie. 10 is little remarkable
go aost u the mistakes in ,he ruling,
"a, =. asooruinate clerks of the Depart,
silssss made against the settler. The
a,uslss II is not usual to make
ka...s. N favor of settlers" The
zn.I ) ..en, must be true, that it II
lsur. ~ we subordinate clerks of ths
q ssss,sns -, 10 make mistakes against
49, And this, sir, il iast whal
4tksssn everywhere where she mannel
alress assine of these grants betweeE
tnasr vfporations and settlers arr
ssav 1a understood. And this il IL
hss - lily where these grants hav,
n>ees ana have had an actual ex
Rsps~s songress passed An act for th.
u IN furnishing remedy for sons
sesisss -, =. 9iering wrongs suffered b,
zen lands under the ruling
~ c.sua ua Department, and the Wit
sS.1 trom gives q most interest
O. how this law has beel
y = sn defeated by construotio,