The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-08-14
THE NORTHERN PACTTZC'S LANDS.
Principles Involved in the Matter of the
Terminal Limit

Principles Involved in the Matter of the
Terminal Limit.
WASHINGTON, Aug. 13.-The legal principles
involved in the matter of the terminal limit Of
the Northern Pacific railroad at Wallula, have
been under investigation by Assistant Secretary
jerks, of the Interior Department, who has
made report thereon to Secretary Lamar The
question arose upon an appeal by the railroad
company from an or1erof Commissioner Sparks
dated April II, 1885, by which an order made by
Acting Commissioner Harrison, Of the Goth day
of March, 1885, changing the terminal limit of
the land grant to the railroad in the east side of
the line of the road was revoked The change
would include in the grant about 1000 acres of
land south of the present and former limit
Mr.. Harrison's decision was made at the instance
of persons who claimed to have
acquired rights under the railroad company
south of the limit ixed by Commissioner Nc
Farland. Mr.. Jarks's report covers the legis-
latve history of the grant ana embodies an
elaborate digest of the legal principles involved
The concluding paragraphs. which embody the
Assistant Secretary opinion. are as follows: 'As
the order of Commissioner Harrison. OF the Goth
of March, 1885, enla-gins the limit, was wrong
then the order of Commissioner Sparks, of the
llth of April, 1888, revOking that wrongful order
be determined being, was the order OF the Goth OF
March erroneousl it is concluded: The basis of
the order erroneous in that, instead Of taking
the general course OF the last section OF twenty
five miles, as required by statute, the
whole length of one hundred and ninety
miles from Spokane Falls is taken arbitrarily as
the general course Of the line to which the limit
was drawn at right angles. The order was
erroneous in that while it left to the railroad on
the west side Of the line of the road the full
benefit of the limit az fixed on the 10th of Aug
ust, 1881. it gave it the east side about 81 900
acres additional land. The order was erroneous
in that it made the southern terminal limit
through the terminus at Wallula, broken
instead Of a straight line. and included in the
grant 81, 600 acres more land than would have
heen included by straight line. The order was
instance the change was made not being author
lied to represent the railroad twas made without
sufficient parties on record to justify the
action of the commissioner. Tie fact
that the alleged settlers bought from the railroad
company that which did rot belong to the rail
road company, but was the property of the gov
ernrnent would not furnish any substantial.
equity which the Commissioner Of the Land
Office should have recognized. 1t was not shown
that the otficeroof the Lard Office authorized to
represent the government did any act or neglect
ed any duty by which the settlers were rnisled
l think, therefore, the position of the appellant
is untenable"
Secretary Lamar's order, based unon The de-
cision, is as follows: Upon consideration the
errors assigned as ground for appeal are over
ruled and the order of Commissioner Sparks of
cation of the proper party, the subject OF read
justing the limit, according to the principles
above indicated, might with propriety be consd
cred"