Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1884-03-20
nllly pos1.lN1EluGENCER


Lag authorizing the construction OF
railroad from Lake Superior to roget
sound. with branch line 70 Portland,
ana GRANTED TO the Northern PACING
Railroad Company landed SUBSIDY "
did 90 upon the theory that the oes'
interests not alone Of the vast region
"a be bisected by that road. but OF 'ne
Government. would be promoted by the
speedy construction q 'fan7'''''
mental line through the northern poi
g. % the United States, which would
mite with iron bands the Atlantic Wv"
the Pacific Ocean. 1t had previously
nv law provided rnuniiicentiy Tor the
building Of a railroad through the cen
trail portion OF our governmental 90
main. construction OF which at the time
the Northern Pacific grant was mace
had beeu commenced. A royal GIT vas
made tn aid in the construction OF this
nsw highway through then sfackie-7
region, unpeopled save by savaees ana
a few hardy pioneers. II was INTENDED
by Congress, it was also the understand
ing of the people, it was promised oy
the grantee that this railroad, the whole
Of il. should be constructed, equipped
furnished and completed by the fourth
day O. july. 1876. This promise OF the
grantee was made wheH the Northern
Pacific i,silroad through its officers for
mally accepted the grant made by the
Government. The law in terms declares
the grant conditional, and reserves to
the ornutor the right, in the event OF
breach Of said conditions by the grantee,
TODD any and all things which may
he needful and necessary TO Insure
speedy completion Of the said road"
No language could have been used
which would have more clearly indi-
Gated the object of the Law or the terms
upou which the grant should be per
feoted. The road was 70 be speedily
built; il WAS to be finished within
twelve years, or il not 30 completed
within year thereafter, Congress- itself
might take the matter in hand and ex-
ercise its own discretion. From the
day the stipulations of that grant we're
violated by the grantee its rights there
under ceased.
Speed Of construction was promi-
nent, IL not the main element OF those
conditions. The Government WAS anx-
ious that this new line should be con
structed. There was popular demand
for it. The country through which 1t
WAS to be extended was then almost
terra ,ncognitd. Settlements were sparse
Iy scattered over vast region. Indians
we're hostile and powerful. The rail
road would be a civilizer. There we're
towns and cities on the North Pacific
Coast whose people had been isolated
for a score Of years. A grand march
WAS to be inaueurated toward tho set
ting sun, a trail was to be opened, fol
lowing which should come immigration
and civilization. And so with generous
impulse, with patriotic motives, IN the
exercise Of its sovereignty, Congress
contracted with the company to oper
up highway through comparatively
unknown land.
That was twenty years ago. Let 1t b
borne in mind that this road was to b
speedily constructed. Six years there
after we find this company at the door
of Congress, with hands outstretche'
in abiect solicitation. During that pc
Rod the central line had been com
pleted. Trains were running daily
carrying passengers and freight ant
Government troops and mails, iron
New York to San Francisco. Tn
transoontinentai road was un fat ac
compii. In what condition was thi
other beneficiary-this grand projected
highway of a nation Not mile o
it's road had been builded. 1t cam
before Congress and asked considera
ton. The Government WAS lenien'
The company made poor mouth;
hadn't any money to build the roat
and wanted permission to mortgage il
land grant, its franchise as corpora
ton, aud all its personal property an
belongings. Congress heard its wa
and good .humoredly consented. and til
company slapped on mortgage, issue
bonds and sold them. 1t liz said by N
Gray, attorney for this railroad, in hi
argument before the House and Senat
Committees on Public Lands, that III
Government, ny thus oonsenting To III
mortgage Of these lands. has lost II
right to declare them forfeited; that
do 10 would be to defraud innocer
purchasers Of bonds secured bv sue
mortgage. This position Is. We thinl
uptenable. Congress did not assum
any responsibility whatever. The oil
Law stood aud still stands unrepeale,
The company, by mortgage, could ns
convey anything which II did not owl
1t WAS not authorized to do do 80. Tn
value of the mortgage WAS dope nder
upon the title to the land. That It'll
was dependent upon the acts of I'll
mortgagor. The Law Of lSta prescribe
the conditions Of the grant. The bone
holders knew this. They we're pr,
sumed TO be coenizant of the cond
tons which were to be met ere peries
title could vest in the mortgagor. Tn
Government was not i'll any way cor
cerned. BY the passage of the resolr
ton Of May 81. 1870, 1t made no me-
concessions, waived no existing right,
1t guaranteed no complete title 20 tn
granted lands until the conditions O
the law of 1854 should be compl'e
with. Its right TO re-enter and occup
them ON breach Of contract by tina
company was in no way disclaimed O
impaired.
Three years elapsed. During tina
time this company of economical rail
road builders sold $s0.0O,oo worth o