Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1884-11-29
..rsssAD IAsD GEAxrs.

n~rablo Secretary 81 tne Interior fos
r. ruussf ysar npon the subject oi
sssd land grants. They are II Rrsat
....l inssssst and importance
rkxxrfcx or RArLBoAD LAxDs.
..rin all attention 10 the necessity
= ssns Iex:slstion 70 0ompe! TIE rsil.
"a sompanifs having earned the land
.sssnfsa 20 them 70 take patent there
= e hat ths States or Territories IN
$50 soeh lands lis msy have the ben
- isriysd from taxing the lands with
.SSir boundaries. On this subject /
ssrf uhss said In my last annual
ssoficn 2l Of the act ef July q,
,6f2fiS SEAT, s5s), ameudasory Of the
800 Rsiirosd act of Jaiy |, 1862 f12
~ l68), IL is provided ~
s7hst before any land granted By
q. ~ shsll bs conveyed fs any com
s.-r II marty entitled khcreto under
:s - fiere shall hrst Be paid into the
s.ssS1 y of fhs United States the cost Of
.-,Ssriua. essecting and conveying the
-. 81 the said company or party IN
;-s<rsrf. e ths titles shall be required
g ma company, which amount shall,
s;1aout any further appropriation, stand
4 ~ credit Of the proper account, to
g e1ed by tho Commissioners Of the
1snernI Land Office for the prosecution
e - eurvsy OF the public lands aioaQ
~ 1ins 81 aaid road, and 20 from year
e 5ny until the wholc shall be CON-
~, q provided under the provisions
e itis net. =
Eyaef Of July 81. 1876. (2l Stat, l2l),
snk9autiaIly the same provision wss
er1uded TO ali railroad companies re-
sriyiuo grants OF land, unless -
srsnpssd By Law from the payment Of
- oost.
81 fbs failure Of such companies 70
- suoh costs and apply for patents, q
Nd by railroad companies under the
sliss and decisions OF the Supreme
Oooft, - enunoiated In Kansas Pacific
Railway Company vs.. Prescott (l6
Wall, 60S). and Railway Company VI.
MeShsne t22 Wall. 444), are aubstai-
tally relieved from State taxation. and
eoniributs nothing 20 the fair sdpport
Il she burden and revenue Of tho local
foysrnments, and at the sams time
deny to the General Government the
de- compensation provided by Law for
- surveys already extended over
porfioD of the Iauds. and the benefit of
10 enlarged appropriations intended to
neufs further surveys along the lins Of
~ roads.
Experiences has shown that, instead
sf aiding the Government and faciIitst-
inc the survey and sale Of the public
lsnds along the routes, and the cOnae
eusnt settlement of the country, the
provision has operated 10 ratard such
hudable results, aud also has served TO
Enable the companies 70 obtain such
valuable parcels Of iand m they may
fnd speedy profit In selling. thus i'm
posing the full burden of taxation upon
thsir grantees and other settlers Who
purchase lands In the Same neighboF-
hood, while refusing 30 take the patents
for the larger body Of lees valuable
lands upon which such burden would
fall in the hands of the companies
themselves.
II is earnestly TO be desired that some
means Of adjustment of shese grants. ~
. whole, be provided, or some method
devised which shall, under cover of leg
islative authority, not only femedy the
evil suggested, but enable this depart
ment 10 reach o hnaiity as to the titles
70 be conveyed 20 these corporations at
the earliest practicable moment, and
thus relieve an anxious and excited pub
lio feeling, already sufficiently aroused
upon the various difficult and compli-
GATED questions connected with the ad-
miniesration of this momentous and
important branch Of public affairs.
Hn ahta nnA Il r..f.aa rxronfix- Va.r.s..
mend that the prompt and serious atten-
zion Of Congress be invited 10 the fore
eoinR Suggestions, and that the several
fos the lands earned, and TO pay for the
suFveys made In accordance with the
provisions Of the statutes heretofore
sitsd.
LAPsxD GRANTS.
In my report for 1882, AZ we'll as In
that Of 1883, called attention to the
necessity of some legislation In refer
snce 20 lapssd land grants. The De-
paltment Is not at liberty 20 declare q
grant forfeited because the road Is not
completed within the time fixed In the
grant. The Supreme Court Of the Unit
ID States declared In the case Of Schu-
lenbcfg va Hartman (2l Wallace, p. A
that failure to complete the road with
10 the time fixed IN the grant did not
forfeit the grant. Under this decision
The Department cannot treat the land 90
eranted to the railroad companies, or 10
the States for the benefit Of suoh COR
porations, as public lands: and 10 all
lntents and purposes, 30 far as the pub
hc is concerned. the grants are private
property Notwithstanding that the CON-
penies IN some instances have not even
attempted TO comply with the condi
lions Of the grant. | again repeat What
said on this subject la my last annual
report:
Itis difficult to make the people an
dersfand that the exec itive depart ment
Of the Government canEot declare
eFAnt forfeited when the corporation
ior whose benefit Il was made hss failed
% comply with the conditions thereof.
feasions are presented 10 the executive
usmandtng the forfeiture Of grants for
nsf-eonplianos with the conditions
saereof. individual claimants declare
themselves outraged because the Com
missioner OF the General Land Ohice
refuses TO allow flinss on the odd sec
nons Of lands within the unforfeited
nlifoad grants. The Government II
eslided as the Government OF the rich
saa opposed 10 the poor, because the
sxeoutive department. OF the Govern
uent does not do what the courts have
peassdly declared could be done only
y voc legislative branch Of the Govern
grant.
complaint 10 made that grants made
oN than quarter of century ago
slsl treated ~ valid snbsistine
snu and the settler forbidden 20 20
ss1eon, although nothing has been
sas ovasd the building Of the road,
s sason must be balls before the railroad
-. ss.lpsny can receive evidence Of the
- Rssen 70 II by the Government 80
&sny years before.
we grants are not forfeited when
80. .asse naa not been full complianee
- me conditions OF the grant, it
@s rs 70 be Just and proper that some
.s.s sss'saon should be made by Which the
ss efs Who through Ignorance or be
tney believed such grants bad
sss., a g would be forfeited have made
ssnt encnt on such railroad lands. can
sss e tisle either through the railroad
any o. from the government.
- zoe Executive Department OF the
lament disregards the Law and
.ssa patent TO such settler, he takes
rs rne BY the instrument. and is 80
= a. the mercy Of the corporation