Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1885-12-08
r.sp GIANT RAILReADs.
Land Com missioner sparks
-, sf Them and Their short
esuiBgs In MS Annual
RepeFt.
,.,urxp Lurs GIVE no TTrLE.

-. orartiae Of certifying lists OF
-,shin granted limits of railroad
..s adop;ed under an opinion
ps.,.d by Attorney General Black IN
81. sbo stated:
- no objsction 10 your furnishing
- = tnose lands to any person vh1
-. "a make a proper use OF them,
.s ,ou would give other information
~ records of your department.
- ~. - lists can have no infiasnce On
- s,tie of the states.
"a we're accordingly furnished. Is
..-s,.,ts from the records, OF the sec
md subdivisions of sections within
"a erspt limits TO any extent desired.
-. ~ers no, furnished as evidences OF
- bnt AZ Information in respect to
Lr.lity Of lands. The title Was =
ss..t,oo Of subsequent adjudication.
s,ss Numbers Of tracts wers embraced
,ssse lists on which pre-emption
.s.,,n. had been filed, AID other claims
sf,xrssrd came op, which had not been
,.pofted when the lists were made out.
IA Ibs8, uyos appeal by railroad com
saw from q decision OF this ofiioe, hold
= Ia porsuanse OF previous decisions,
-, IA certified list did not convey title
!. tract Of land claimed by q settler,
~ vhicb vas shown to have been ex
.sotsd ous Of the grant. IL was held by
- Ssparsment that the certified list
sr,sd title, and that, il it did not, the
ser,,6cation vas an adjudication against
tks settlement right.
A CRUSADE AGAINST SETTLERS.
"A. ths history Of this office and de
..rtmeut that lawful claims of settlers
= lands within railrsad limits that we're
~ Granted to the roads from express
tsrns of exception IN the granting acts
hsye pons down under official decisions
= grain before the reaper's scythe.
Frem 1870, or earlier, TO 1881 the current
Il decisions appears strongly against
srftIemept claims on assumed railroad
Isnds, asd during the latter years OF
that period the antaQonism to settlers
fiohp 10 shown in printed as we'll as in
sspubllshed decisions to have amounted
ba crusade. Finally, public attention
bsinq aroused TO the injustice perpe
tntsd under forms of official adjudicA-
tou, the leading and published decisions
bsosn to se changed, and the Supreme
Coan has in several important cases
ovsnhrosn many Of the false principles
and eorfected ssme conspicuousiy erro-
neous ssnstructions of law by which the
land department. has been 90 long gov
snsd IN its treatment Of claims adverse
10 railroad corporations. None OF the
lassf decisions, however, have snttioed
10 eafs the wrongs that vent before;
bui, sven where the title to the land still
rsnsined In the GOVERNMENT, and patent
bad not issued to the party entitled un-
der the law, IL has been ruled by some
Of your predecessors that relief could
hss be Afforded against decision re.
fusing or oanoeling an entry In railroad
limits where such decision had been
made. although erroneously, by a for
mss Commissioner or Secretary; the
Gossrnment being eliminated ~ q party
IN interest by such rule.
Lands to which a settlement right ex
isssd, or to which q pre- efnptioR or
homestead claim had been filed at date
Of grant or attachment of railroad right,
we're absolutely excepted from the
grants. The validity or invalidity of
The claim as against ths United States
Wa not 10 question. Railroad compa.
niss we're not given power 20 challenge
the ssttler's right, to oriticise his COM
pliAnss With law. or to dispute the effect
OF claims of record. Such lands we're
not granted TO the roads, which were
allowed other lands in lieu Of them.
Bat the agents and attorneys of railroad
eompanies have been permitted to an
hgonize settlement claims at every
point and IN every stage, until 10 became
ekeaper fer claimants to buy the land
u tne railroads tnau to pursue contests
aQaIust them before this offioe and the
appellate authority.
Hsbitual constructions Of Law prior
70 the present administration of this
department. appear to have favored cor
pefations against the public. / have
heard that IL has bseR said that where
there was doubt the benefit OF the douo
has always been given 10 the Govern
ment. lhis may be true In the sense
that such douot seetas seldom or never
70 have arisen; but | And much room
Tor grave doubt upon many important
subieots that | have not been able, IN
tbis short period and in the multi
plicity Of official duties, yet TO lay be-
fore ysu.
It's rule Of law that public grants
ere 10 be construed strictly against the
grantee. and that nothing passes by i'm
plioation. Donations OF the pablie
domain for any purpose are never ts be
Presumed. Those who claim against
Government under legislative grants
must show clear title" (Rice vs. Rail-
rssd Company, ITO U. s., 6s5.)
FRAUDULENT GRANTS.
In tvo instances, at least, grants have
been presumed by departmental con
myuction where no clear title vas shown
and the claim Of title, at best, rested
upon uncertainties or ambiguity IN the
statute. The lands in these cases have
been Withdrawn in the doable limits;
large numbers of settlement claims
have been rejected, large Numbers are
sill pending. and in one OF the cases
% road has DO n built, and the period
ef coustruotion expired several years
sincs.
where the terms employed In the
afAnting act are "to the amount OF so
many alternate sections per mile on
eace aide OF The road" instead OF "ev-
~ alternate section for $50 many SEQ
Hons In width on each side of the road, y
We claims Of attorneys for the oompa-
niss that the former language imports q
Rrant Of absolute quantity instead Of
eus By description or in place seems to
nAvs been tacitly acquiesced in 10 the
sxeeat Of recognizing presumptive
eaims founded upon such construction
ne Law. Ia like manner grants OF
quantity appear to have been presumed
tfom the use of q phrase such "the
gsAntity Of lands granted" which, ssy
ses sapreme Court in X. X ". Barney,
Ills U. B., 6lsl is Of no significance, and
ooes not change the character OF the
TAT from one IN place or BY descrip-
Won 70 one Of Qaantity.
fAvefite decision Of the Supreme
ooort tSchulenberg W. Harriman) In
vosee the rule of lav applicable 20
nAes With conditions subsequent 10
atsc and applied 20 grant In which
IN hstd that title passed by the act,
- ben freely applied 10 grants under
sn0n. By express words Of statute, the
NJ 70 acquire title does not vest until
ues We performance Of conditions pre-
esosnl In these GASES the grants have
sn hsld present grants TO the extent
asfeatine operative forfeitures. bat
kfanss IL fataro 10 the extent Of avoid
.ae TAXATION and OF awarding lands %
- conranies that we're not free from
e.4sm At date OF grant, bas became free
piof 70 dednite location.
uE sEKArrsr OF AL FaAups-
u 70 my information that the issue Of