Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1884-02-03
POST IHTElLIeEncER.



In an article on the Cascade laad
ar.nt. TIE Taooma Ledger Of recent
daee takes The position that forfeiture
ana restoration 10 the public domain Of
that portion Of the lands not earned BY
the srsutes 10 not within the power OF
Congress. Il says:
"But q TO tho power Of Conersss 10
the premises, il may be edifyine -
neruse the report Of the HOuee yeoa-
sisrv (snmmitfee ct the session OF lSol-I.
n Nh ~ aoen that one thing ID perfect
+ cieay. which =, that IL Congress nas
~ norer 10 divest the Northern Paclnc
Rsiirosd Company Of this land grant,
4 M M the power - restore the for
S.;t~d Iande % the public domain.
Those lands are applicable solely ~ the
eonst ruotiou of the road. The granting
~ expressiy and clearly appfopriatss
the lands in question ~ q means OF
hniidino the railroad The giant IN
ehis ee1nse Il without qualification; II
al,oolutA. Thoee 10 no provision Tor
reversion 20 tie United States"
Opinions differ. Let us examine the
mates. The Land was granted BY ACT
Of Congress approved Jolly 2. 1854, upon
the following conditions:
80. 8. That each and every grant,
riohf and privilege herein, are 20 made
IA ciyen 70 and accepted BY the North
ern PaOifo Railroad Company upon and
snbiec4 TO the following conditions,
naynelv: That the said company shall
eommsuee the work On said road with
In to veaxo from the approval OF this
- s. tho President, and shall CON-
IN mot less than 80 miles per year
after the second year, aud shall m
etruck. equip, furnish and complete tho
whole road By the lth day Of July. Ammo
Domini 1876.
-. 8. That the United States make
the several conditional grants herein,
and that the said Northern Pacific Rail-
road Company accept the same, upon
the further condition that II the said
company mako any breach OF the con-
ditione hereof and allow che aame 70
oonfinue for upwards of one year, then,
ia suoh case, ne any time hereafter, the
United 6tstss by il Congress may de-
sny and all scts and things which may
b nsedful and necessary 70 insure .
speedy completion Of said road.
Il d admitted ON all hands shat the
company has failed TO comply with the
conditions imposed b. Section 8. Il has
mot completed the road within the time
speeiAsd. This being the case, bat for
the language used In section . the estate
Of the company would now b deter
minabls ct the pleasure Of the United
States. Il 10 claimed. however, that the
eject OF the concluding CLAUSE in sso-
tion . u 70 limit the right Of the United
States In these lands " "aots which may
b needful and necessary to insure the
speedy oomplstion Of the road" The
Judiciary Committee, from whose re-
port the Lsdger quotes, use this Ian
guaRe:
II Congress deems tho forfeiture Of
the lands nesded for the speedy CON-
pletion Of the road, IL would have q
right 20 to forfeit the lands. Il might
give them 70 another company, or soil
them and apply the proceeds, provided
Il adiudeod such course eneedful and
nooossafy to secure the speedy compile
ton 81 the road"
No o1hes conclusion could b logically
reached. The lands being forfsitable
because Of breach of the conditions
upon which thsy we're granted. the best
method Of completing the road speed
~ u Z matter solely for the discretion
and action Of Congress. With its SUBJ
ssqusnt acts the grantee has nothing TO
Do. BY ~ laohes its right to the land
u forfeited, and Congress 10 to use ~
dissrssion 10 insure the completion Of
The road. Il did not contract with the
Northern Pacific Railroad Company to
build the road. II u had 70 done that
eoatract would have bssn anLu.led by
The breach Of its provisions by the party
Of ths ssssnd part. II any contract to
build or help build railroad nov ex-
tsts By operation Of the statute Of 1884,
Il u enc which the government has
made with IL people. or in other words
With itself. Certainly II cannot b
claimed that tho Northern Pacific Rail-
road Company has any legal or equi-
table interest," In contract 10 which Il
was party, and which was broken by
IL own negligence. The title 10 these
lands 10 in the United States. In the
moat liberal view OF tho casa that title
y - perfect - before the Law Of 1854
was pasasd. ave that upon il rests the
obligation that the road ahall 10 speed
ily completed. But 70 whom does that
obligation lisf Certainly not to the
Northern Pacific Company. for its
rights 70 the land are forfeited, or -
the committee Gay. dsterminabls q
pleasure Of Oongreas, because Of il
failure 10 comply With the CON-
ditions spon which only could Il
claim The grant. There b no othsr
party in interest save Congress, the
efautor. Can Congress not revoke aa
cot when no vested rights arc inter-
fsrsd with : Has the Northern PAsifo
Railroad Company any vested right in
fosfsitsd lands Can IL take benefit
b IT, own laehsaf Certainly not. Az
70 the unsasned land. q stAuds exactly
10 the poaitisa II every other citizen OF
corporation In ths country. Tho only
pasdGe-n ahs language u section .
b % oonstsusd-made therein 10 that
OouRrsas may do any and al acts and
thinsD vhteh may b nssdful and nsoss
asy 70 Insure . speedy eomplssiou Of
~ road" THIS b nos pledge IL b .
reservation. Il was Hos uads Tor The
bene0t Of the grantee, but for The safety
Of The asanlos. Il was nos Z promise
70 the company, but saving CLAUSE for
The pge1eetiou u The people. II =
broad nd eenpsshsnsivs. II iueludss
nd only ths right to declare The lands
forfeited, bat 10 RESTORE them TO the
putlio dsmain or ell them TO iudividu-
a1s-in short. 10 do With IL own prop
ssty whatever In IL Judgment will b
bes1 for tn publio who's iutsrsat. vill