Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1885-12-06
~.sI,yp egAxU .AILRoADs.
.s.sI.s Hand Geusmisstsner sparks
=. sf Them and Their rhsyt.
ssuings In his Annual
RepsrI
o,uc1.L TALK FOR The PEOPLE

ThG NH1tDA1+N CAFVNNNN AtPPhh Va
oa,mi.sioner Sparks has made its ap-
..,se. and is document Of which
=. seod people Of the whole coustry
..x cell be prsud. 10 it he talks
.,.;s,v. strongly, poin;edy, and for the
..eols. The grounds be takes are those
...n,aad by this j,urusl aud advocated
a.,ipe the past two years. ard With
.k;.h our readers are entirely familiar.
Ga souo,s eapiIusly frsm the report in
The following:
n,,xrs RETAgD RATHEs rHts HssrEs.
m. rsoorts ~ raiisD d c)n strac.iDu
.h.r that 1851 miles Of road have
- noustrusted under tbs land grant
s.t.aa since its commencement. In
X meautirne upward of 10000 miles
h.,s bseu built without the aid OF Con
s-s,.io,,I grants. Many OF the latter
49, been constructed through undsvsl-
scsd egantry, while constru 'tiop under
ss.- Of the former 4 besn delayed
..t,f se,tlements oa'sde Of railroad
sr,i,s have suffi ,iently advanced to
raks c,ostrnc | pn profitable withou.
c,hIis ssb,idy. and until the disposal
Z, the Gsvsrnmeat OF reserved alter
,sts sections and the filling up OF the
s.sk syunsry have enhanced tn, price
a lands given as an indu cement to
ha;ld ,he roads. such delays have Seen
msds po.siple through offici.l action OF
TIA L,ud Department In Withdrawing
fran public appropriation lands within
ss,omsd linits of prof scted roads, aud
fessiaing such lands 10 indstiaite res
sgvstion.
OFFICIAL wrrHDBAwALs.
The granting acts generally make no
pfovision for official Withdrawals.
Granted lands v.re to be identified by
sbe 5ssaitely fixed location Of the line
a the road. Uatil then the grant did
nos attach TO sny land, bu. all lands on
he liue OF .hs prop ,sed road emaiaed
within tbs disposabie power of the gov
anmeni and subject to settlement and
sutsy.
An official withdrawal OF lands from
sp.roprlstien and disposal under th-
pablo land laws before the time arrived
shsn the right of Appropriation and
disposal vas concluded by the lawful |
idsutihca,ion of granted lands Vas
clearly an act OF wrong to the govern |
msnt and injustice to settlers, while of |
great snd improper advantage to rail |
road eorporatioDs-
Suoh Withdrawals have, however. been |
made. sncs wrong and injustice perpe- |
tfated npon citiZsns and the govern. |
ment, and such advantages secured by |
grantees npoH whose requests and for |
whose benefit the withdra1sis we're or
dsred. Ia ths early period of the land |
grant system erroneous views seem TO |
have been entertained In respect to |
What constituted a fix-d definite ioea |
tion, and premature Withdrawals fol |
lowed from that error. In later periods |
Withdrawals appear to kave been mad |
Without regard 60 legal construction, |
and apparently without consideration /
Of official responsibilities. As an ex
ample OF the latter class may be men
toned the case of the Lssvenvorth, |
Pavnee and Westera railroad In Kan |
SOS, withdrawal for which on prob |
iemasicai route was made upoa no other |
bssis than pencil lines drawn across
Territorial map by an unaoeredited at |
tsrney before ths fling OF the eoompany's |
asceptance of the act making the grant, |
and before any other conditions had |
been performed which won have au-
ihorised the filing of any map or the |
making OF any Withdrawal.
| know OF no law authorizing or
recognizing the location generally of
railroads. by sections or divisions. The |
entire line, including Its branches, must
be located before the Law ths found by
the Supreme Court vests IN a railroad
company any rights 10 any land: Ce
dar Rapids cases, 40 U. s /. 27.l The |
date OF the filing ia the General Land |
- he. - %
whole line In the date when. under the |
Aw rs so determined, settlement rights |
within railroad limits cease, and the |
fights Of the companies begin.
Bot periods 81 attachment OF rail |
road rights have been officially COM |
pntsd upon reported dates Of partial |
Surveys in the tield,' or upon maps Of |
portions of lines undetermined as a
whole, and otherwise premsturely, and |
the difference in time bet ssen the 40 |
espsed and actual definite locations
havs varied from some months TO sew |
erA years. and sometimes many years, |
during all OF which time settlement |
riehts have been refused, entries oan- |
oeled. or applications rejected, and law |
ful claimants ousted from their posses |
sions Ia these, rs in other instances
Of false construction of Lag. erroneous |
rulings aud mistaken decisions, the |
errors havs been Ia favor OF the oorpo |
nations.
In most. II not all, cases OF railroad |
grants. premature and unauthorized
vitharawals have been made, the land
held sasredly reserved for the railroad, |
aad the legal rights of settlers arbi
tfafiiy and eiuellv denied. The mum
bef OF sttlsrs having indisputable legal
right 10 tne lands occupied by them
who have been forced TO bay thsir
homes OF railroad companies, or suffer
eviction because of offi,isl declarations
II superior railroad right foanded upon
ccnstruonve Withdrawals made before
any railroad riaht had actually been
acquired. can never be ascertained, ,sincs
their appIicatious for the most part
died at the local otii,es, and the general
fAilure Of those who applied prevented
even the assertion Of rights by others.
All Law CONSTRUCTIONS IN FAVOR OF
TIE CORPORATIONS.
where the settlers filing or entry has
bsen permitted aud decision h after
vsfd rendered, Justly or uniustly, that
ths railroad claim is superior in point
of tsuae, tue companies are allowed IN
def ihe act of June 22i, 1874 Is Stat,
iNls q deuble advantage. They cell
Us land 20 the settler and thes select
ll<u laRd for the land % sold. and the
usa land may be selected from any
and within the limits Of the grant
inas thew get paw for the original tract
and receive an equal quantity OF other
aad in place Of ID, Which additional
hnd is selected in tue most valuable To-
eAitsies, and from reserved Government
seet,ons.
This act. with its extraordinary adj
nntaRes 10 the railroads and no appsr-
ess advantage TO settlers. vas restricted
% iAads within granted limits. bat is
nav foand 10 have heretofsse been ap-
piied 10 lands within indemnity limits.
taas eivina the csmpAnies special In
uemnitv, IN addition TO the paw they
reoesved from the settler. for land not
9nased 10 the companies. and 10 which
way had not a. the time acquired any
fieht whatever, aud might never acquire
sny, which they bad no right TO sail. 10
seieh they could not give title. and
night never receive title. Meanwhile
tae5 obtained title to the land re-
eslved In lieu OF the land sold by them,
aaa The lieu land vas thus taken oat sf