St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-12
The Oregon Central Land Forfeiture
Bill Occupies the Time OF
the Senate,
Together With the Dakota Admission Bill,
Which is Strongly Advocated by
Senator Harrison.
Nothing of Importance Done in the House
Both Houses Take a Recess
Until Monday.
THE FoRTY-EIGHTH CONGRESS.
The Senate.

o4bCl Vic iOullD6 DuslUGbe OCUdLOI v du
Wyck offered the following:
WHEREAS, com mercial treaty of great
importance has been negotiated betweeen
the United States and Spain, which was made
public by the king of Spain to such an extent
that it was cabled from Madrid by the Times,
of New York city, and given the American
people by that journal before the same was
presented with becoming solemnity and Sc
crecy to the senate, and,
WHEREAS, the provisions of said treaty
materially affecting the subject OF revenues
and taxation and involving no serious ques-
tons of diplomacy and state secrets, the dis
cussion thereof should be in open session,
so that the people may be fully appraised OF
tie reasons why said treaty should be ratified
or rejected, therefore;
ReSOlyed, That the com mittee on rules be
directed to report an amendment or an adj
ditionaI rule requiring that treaties whic b
concern matters of revenue be considered in
open session.
On objection Of Senator Wilson the mat.
ter went over one day.
On motion of Senator Coke, the bill pro-
viding for the improvement of the Galveston
harbor, was made the special order for Jan
uary s.
The consideration of the Oregon Central
land forfeiture bill was resumed.
The amendment of Senator Dolph was
agreed TO providing that all settlers, in good
faith, on the lands forfeited, who are other
wise qualified, shall be entitled to the prefer
ence Of right to enter the lands in accord
ance with the homestead or presumption
laws, and shall be regarded as having legally
settled such lands from the date Of settle
ment. And in case such settler be not
so entitled, under the existing laws, he
should be permitted within year to pur-
chase, not to exceed 100 acres at S1.25, and
reducing to $1.25 the price Of even number
sections along the line Of the uncompleted
portion of the road.
The amendment offered by Senator Plumb
was agreed to by a vote of thirty-three TO
eleven, repeating the act of March 3, 1875,
which allowed settlers on railroad lands sub
sequently forfeited TO locate to the amount
equal TO the original entry without additional
cost
Senator Sherman, in some remarks favor
ing this, said the land was open to home
stead entry, which was enough. It would
not do to permit spectators to get hold of
these lands, and hold them from settlement.
He (Sherman) would favor in this bill the
repeal of the presumption laws, as they had
long outliyed their usefulness.
Senator Morgan inquired Of Senator
Dolph whether there were any other parties
affected by the forfeiture than the United
States government and the railroad company.
Senator Slater did not think there were.
He believed there had been no effort made
by the company to sell the lands. Senator
Dolph believed there was a mortgage, and
perhaps, deed trust, which embraced in their
description all the lands of the company,
both earned and unearned, but supposed
that the grantee of the land grant made up
on the conditions subsequent could only
take or mortgage such rights as existed, and,
if the conditions had not been performed,
there could have existed no right which a
mortgage could take. There were no ques-
tons involved that would not be fairly and
equitably settled by the provisions of the
bill.
Senator Morgan had understood in the
committee there were no mortgages or in
cumberances, or that anybody's rights were
affected except those of the company and
the government. If mortgages existed on
the lands the company matter should be
looked into and the rights of all parties af-
fected ascertained. 1t might be that the
mortgagee's rights covered the right to take
the lands and build the uncomp eted portion
of the roads. He moved to recommit th e
bill to the committee on public lands for
further examination.
Senator Blair supported the motion.
Though member of the committee he did
not know until this morning that mortgages
existed on these lands.
Senator Doph said be had made in the
committee the statement just made by him
Senator Morgan remarked he had not
heard it, and inquired of Senator Slater when
he Slater had first heard it.
Glafar rapliaH ha ,Of ~
having heard it before this morning, but
thought the bill protected the rights of all as
it stood.
Senator Van Wyck said day after day until
midnight the attorneys of these railroad COM
panies appeared before the committee and
made every conceivable objection to these
forfeitures. Everybody knew that every land
grant railroad company had put g mortgage
on its entire grant, and it could have been
safely assumed from the beginning this COM
pany had followed that course. II Senator
Morgan's position was correct, Senator Van
Wyck argued, not only would every mort
gage have to be heard. but every judgment
creditor, too.
Senator Morgan thought the bill should
provide a complete method of settling before
the courts all questions of rights that may be
involved, as had been done with the Atlantic
and Pacific forfeiture bill. He insisted on
his motion for recommittal He expected
to vote for the forfeiture, as he had voted for
the Atlantic and Pacific forfeiture, and he
expected to vote for the Texas Pacific for
ieiture, but he wanted to see carefully pro-
yided for the rights of the mortgagee, the
settlers and innocent people who bought the
bonds of land grant roads.
After further debate the BILL at 2 O'Clock.
laI 10 NJ al 20, g.; .lal
day, being the bill providing for the admis-
sion of Dakota.
Senator Harrison took the floor to reply to
Senator Vests objections, and said he would
consider it imputing disgraceful thing to
the senator to assert he could only look at
this question from a political party stand
point. twas true, that before the war, when
slavery was making its aggressive and per-
sistent fight for the mastery of the politics
of this country, and maintaining the doc
trine that the slave states and free states
should be kept at an equality, there were
controlling political considerations involved
in the discussion of this character. But since
slavery had disappeared, ne had supposed
that exigency no longer existed for the ad-
mission of states by pairs. He asked Sena-
tor Vest what number Of people a territory
should contain in order to entitle it in his
(Vest's) opinion TO admission in the Union.
Senator Vest replied, while not attempting
to prescribe any rule, he would say the spirit
OF the constitution required at
least the ratio of population sufa-
Gent to entitle ii to a member in the house
OF representatives. But even if it had that
ratio of population, it would not follow It was
entitled to admission. There were many
other circumstances TO be taken into ac-
count, and each particular case would have
to be judged Of by its particular circum-
stances.
Senator Harrison said Senator Bogy, Of