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

inequitable operation of the land law
such as might be remedied by statute
so that tie entire system should vorl
justice in different cases where i, nov
works iBjusti,e.
A. II Is not legislation thai "a van.sf
in all cases.
In reply TO your general ouestion
could refer to some lines of decisiops
which have caused iniastice to settl ,rs
In the case of Gates VI. California ar
Oregon Railroad Company il was hslT
ny the Secretary in 1878 f5 Copp.. I50
that when pre-emption settler vas or
iand within raiiread limits at the datf
VI tne attachment Of railroad right and
afterward abandoned his claim or trans
iefred MS improvements to another. the
Iormer pre-eniption claim did not ST
esIf 1ne iand from the grant, and that
the subsequent settler purchasing tins
former settlers improvements or othsr,
wise occupying the land after the former
sstue pad abandoned IL could not have
hIs claim recognized.
Inc same rule had existed previous
70 the decision IN the Gates case, and
PRIOR 20 lsIb, and had carsed mach
complaint, az II was Of wide applica.
'ieh ano Affected great numbers of
cases.
In 1876 Congress ATTEMPTED 10 eorrsc,
TINS and some other rulings of the De-
paftnent by positive legislation. The
hct OF April II OF that year tl9 Stat. 35 J
wss mandatory act requiring the De
partinsnt to recognize the validity of
subsequent entries where land had been
covered by former claims of the date of
withdrawal OF lands for railroad grants.
Ihis act did not have the effect which
was shown by the Senate debates 10 have
been expected by the legislative mind.
Ine oates decision was rendered with
out reference to the act of 1876, and was
afterward modified upon snch fact be
ing shown. Bot the unmodified deci-
sion appears to have been the rule usu-
ally followed in the Land Office dewn TO
a recent date. The regulations adopted
by departmental concurrence or instruc-
tions and tbs rulings made uader the
act OF 1876 had the effect in all cases
70 make the relief contemplated by
that act difficult of availability, and,
In most Gases, to render the act inep-
operative.
IL was held, for example, that the act
could have no prospective effect because
It's language implied n past tense. Then
1t was held that it could have no retro
active effect, because that would DO un
constitutional. Again, II case arose
that IN the view of the Office could be
recognized as coming within the provi-
slons OF the act, the claim Was rejected
unless the party was careful to state that
he expressly claimed it. A great many
Cases nave been adiudicatsd in this way,
and the parties who had An absolute
legal right to their land under the in.
demnity provisions of the acts granting
land for railroad purposes, aud had such
rights irrespective of the act of 1876.
were defeated in their claims under the
given to an act design, d
for their protection.
In continuing his speech Mr.. Slater
said:
Mr.. President, have made reference
to these facts for the purp $50 of show
ing some Of the evils and abuses that
have grown up under these railroad
grants; for the purpose of calling atten-
ton to the fact that these evils and
abuses are not confined to any particu-
lar grant, but are the usual and insepa-
rable concomitants of each and all of
them. In Congress after Congress. for
the last twelve or fourteen years. petit
tioa after petition has been presented
here and in the other branch for a re-
dress OF these grievances or for relief
from some of the expressions and
wrongs which have grown out of these
grants, and, in the main, these petit
tions have been unheeded, or at least
no adequate relief has been devised.
Ii Is true. We cannot undo all that has
been done; we cannot reclaim all these
vast areas of the public domain 30 i'm
and unwisely given away;
We cannot interfere with vested rights
which have been acquired under the
terms of these various grants. But We
may do something in the way OF OF re-
TO settlement 50 much OF these
grants as have not been earned by the
of the contemplated roads
within the time liked in the granting
acts for their construction, or such fur
ther time as may have been granted for
that purpose. The life of each and all
of these grants has long since expired.
In fact, by the delay OF Congress in not
promptly acting in this matter and so
that, "a soon as the time liked
in these grants within which the road
might be completed, the
lands embraced in the grants should be
restored to settlement. the right OF Con-
gress to act in that direction has become
more and morscomplicated and smbar-
rassed with difficulty.