Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1884-05-02
Company, and the Oregon Tr.nsconti-

Company, and the Oregon Tr.nsconti-
mental Company. The Oregon Railway
and NaviC ,tion COMPANY furnished %
per cent. the Northern P.cit.c .aiiroad
Company 40 per cert. and the Oregon
Transcnntinen.sl Company ~ Der cert
Since Mr.. Wizards downfall. ,h.-s.. com
Fanies are quarrellinR A. to which Of
them shall own that at present uupro-
dIctive road.
Now, Mr.. Chairman, L.. IRE call your
attention to the other los miles % the
road. extending from kalsm To Taco-
ma, built in IS72 %. and living IN tbs
Territory. running IA il dos, through
the graDdest forests Of timber, and oyel
as extensive and as valuable fields o'
coal es are within the United States
and claim that Congress never intend
ed to, and neve- did give anv Of th,
lands on that line OF road 20 this com
PAW, and that today they are claiming
title to over :. 30 Ur acres Of land worth
AT the lowest calculation S3O ,0D0vU. "A.
earned IN lsI3. under y mere ruling 81
the Inferior Department.
SCI ator Slater said n the S-n4:e las,
| THURSDAY: That the sstt!ed principles
Of law which require punlic grants to be
/ most strictly construed against the
grantee. have been noioriOuslv ignored
IN the construction gwen these grants
bv the Land D-par' ,nsnt"
Here IL glaring case IN point. ! will
bnt state the facts. cite the sect,ots of
law, and leave yon TO draw your own
conclusions. and If you reach the con
! clusiOn ! have arrived At. | submit that
p resolution of inquiry may be Ia order
s.D xt..tf H. -, -
| order 10 restore to the Govrrnment that
( which has breu ken from II by forced
cous'rnctiun of the law, bv a mere play
/ upon words.
! IA the claim OF the Northern Pacific
Railroad Company TO a land grant for
constructing that section Of its railroad
between Tacoma and kalama we'll
ba-eG Was IL ever given any land for
building a railroad north from Port
iand>
in July, 1884. Conorrss enacted sec
ton 3, ACT july 2, 1874: That there be.
aud hereby Is granted, to the Northern
Pacific Railroad COMPANY. It's Successors
and assIQnees, for the purpose Of aidlno
In the construction of said railroad aud
telegraph line to the Pacific coast, ever,
alternate section II public land, not
mineral. designated by odd numbsrs, TO
the amount ot twenty alternate
sections per milo on each side
of said railroad line. AZ said
company NAY adopt. through the Terri
tories OF the United States. and ten
alternate sections of land per mile on
each side Of said railroad whenever it
passes through any States" And pro-
vided that IT, prior to the time that the
line Of said road IL definitely fixed and
= plat thereof filed in the office Of the
Commissioner OF the General Land
Office, any of said sections shall have
been granted. sold. Reserved. occupied
by homestead settler, or pre- erupted, or
otherwise disposed Of. other lands shall
be selected 10y said company III lieu
thereof, under the direction of the Sec
Rotary of tle Interior. III alternate sec
tons and designated by odd numbers,
not moro than ton miles beyond the
limits Of said alternate sections"
These are the words of the grant in
ths Act of 1864. upon which the North
ern Pacific Railroad Company predi
oates its claim - pubic lands along It's
line Of railroad. They are ample to
convey that grant, provided the com.
pany had fulfilled its obligations in
CON pliance with other sections of the
Act.
The railroad 10 aid in the construc-
ton of which this grant WAS made WAS.
under Section # the same Act. To be-
gin AT "A point on Lake Super or. In the
State of Wisconsin or Mlnnesot !: thence
westerly within the territory
of the United States, on a liue u3rth OF
the forty fifth degree of latitude, to
some point on Puget Sound, With \
branch via the valley of the Columtia
river to u point at or near Portland. IN
the State Of Oregon, leaving the main
trunk line ut the most suitable place not
more than 800 miles from It's western
terminus.
April 10th, 1863. Congress- by joint re-
solution authorized the Northern Paciiic
Railroad Company 10 extend Its branch
line from a point at or near Portland,
Or, to jmo suitable point on Puget
Sound. to be determined by said
comp my, and also 10 connect the same
with it's main line west # the Ca ca2e
Mouu aims. in the Territory OF Wash
ington :" provided, tat said company
shall not be entitled to any Subsidy IN
money, bonds or additional lands of the
United States in respect to SAID extern
sion of its branch line IA aforesaid, ex-
eept such lands AS may be included IN
the right of way on tue line of such ex-
tension as it may be located.
IL IL evident that bv this resolution
the company received no grant OF lanes
IN exec of those given by the law Of
1854. except only its right OF way.
On May 81. 1870. Conc ress passed
resolution which authorized the North
ern Pacific Railroad Company to mort
gage It's property and issue bonds. to he
secur,d thereby, and also to locate
and construct, under the provisions and
with the privileges, grants and duties
provided for III its act OF Incorporation.
its main road to some point on Puget
Sound via the valley Of the Columbia
River, with the right to constr not Its
branch from some convenient point on
its main trunk line across the & ,scade
Mountains to Puget Sound, and III the
event of there not being III any State or
Territory in which SAID mann line or
branch may b- located 1T the time of
the final location thereof the amount
of lands per mile granted by Congress
To said COMPANY. wltnliI the limits pre-
s.ribed by Its charter, then said coIl-
pany stall be entitled, under tine direc
ton of the Secretary of the Interior, to
receive 50 many sections of land be
longing /, the United Sta'0S and desig-
mated by odd numbers IN such state or
/ Territory, WITHIN ten miles ON each side
of shid road be, oud the limits pre-
scribed Ia nd charter. AS Will make up
suoh de cheney on haid main line or
hrauch t. the amount OF the
lands that have been granted, sold. To-
served. occupied hy homestsa settlers.
IRE empted or otherwise disposed of
+ -ut,sequ-n' To- tue passage of the act III
July =, l-tA
/ IL is under ard by virtue of III" pro
VISIONS Of tn rcsoiutIou til. claim IA
! made b, the Northern Pacific Railroad
Comp my to , 6sS. coo acres OF land SIT
u,,e between kalama and Tacoma,
north aud south. and Nteud're :" alter,
nate SECTIONS fifty miles To the east ana
west Of ii. rotd This land has been
set apart for the benefit of that com
pany for I ,uiteeu years, 10y virtue oil
withdrawal order of the interior De
p4rtment. 1t h Wing been ruled by the
Secretary that SAID resolution granted
lands to the company in addiii II To
thuss alveb b> the 0riglntl Act OF iS"t
So far as We are aware no Judicial con