Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1885-12-08

forfeited land grants 10 any form or
manner II in csnsonance with their
views OF public policy, or their demands
for pub lie justice.
Hosever improvident the original
grants we're. the Government was bound
70 MAINTAIN Its obligations 90 long as
me companies kept theirs. Bat the
fsiiure OF one party is the release Of the
other. An opportunity u nov present
60 Tor the legal recovery OF a public e.
tate long held IN abeya anee. Having
been forfeited. 10 shouid nov be re-
samed- | respectfully recommend that
f1rfeitures be declared IN all cases IN
which the roads we're not completed in
the manner and within the time pre-
scribed by lay, aud that the unpatented
lands be restored TO the public DOMAIN.
DEVICE TO ESCAPE TAxPAYISe.
Among minor features OF the railroad
iaud grant system rendering Legislative
action necessary for the correction Of
abuses, may be mentioned the provision
Incorporated In the Pacific railro d act
OF 1864, at the instance OF friends Of
the grant, as shown by the record of
Congressional proceedings, and after
ward applied to other roads, requiring
70 be paid before issue of patents. This
provision operates simply as a device to
enable the companies to escape pay
ment Of State and county taxes, for un-
tii patent issues the legal title to
the land remains in the Gov
errment, and government lands
are not Liable to local taxation.
As before stated, the grants are
held to convey title sgsinss settlers
aud against the United 5tates-a title
90 sacred that II has been sometimes de-
ciared tnat even the sovereign power
csuld not enforce its forfeiture-b1t at
the same time not title that can be
taxed for the support Of schools or local
government. For all purposes except
taxation the lands are railroad lands;
when II comes to taxation they belong
TO sbe government. The latter PROPOSE
ton Is undoubtedly true. The legal
title is In the government until passed
by patent IN all cases where patents are
reqaited for conveyance of title; but
when the right TO receive patent has
been acquired by compliance With the
conditions of the grant and the compile
tion OF the roads in the time and man
ner required by law, aad on the line for
which the grant was made or to which
il attached by legal location, then issue
Of patent should not be left optional
With the companies to enable them to
hold the lands without expense while
waiting for rise in values, or while
drawing interest on their contracts of
sale. The non -taxability of railroad
lands imposes hardships upon settlers
on government lands by making them
bear all nunicipal expenses, and thus
retards local improvements and i'm
pedes the development of the coantry.
A better method of collecting survey
ing costs chargesbie to land grant rail-
road companies 10 available than that
OF imposing upon c0mmunities for q
generation the corporate possession of
vast untaxable estates through the with
holding of patents when patents are
otherwise due. / recommend modif-
cation of the law so as to provide. IN
lien of Withholding patents. fer a Ger
tihcstien by the Commissioner OF the
General Land Office to the Secretary of
the Treasury of the amount Of such
Gusts from time to time as they accrue,
and directing the Secretary of the
Treasury TO charge such sums against
the accounts of the companies for pub
lic transportation. | also recommend
the repeal of the act of June %, 1874.
hereinbefore referred to.