Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1885-08-26
LEGAL ASPECT OF TuE LAND
GRANT.

EDITOR Posi-
Railroad organs ss well as railroad
attorneys, when put t9 their trumps, as
they arc Bov by the action Of sne Ad
minlsiratlon, can evolve the most extra
ordinary propositions Of lag ever heard
OF, as witness the aosnrd and amusing
eontortlons of the CAgosieLs on Monday
evening. What it states for facts are q
tissue Of falsehoods, and its propositions
OF law ara = mass of absurdities. Until
these organs can say something which
has at least the merit of plausibiIity
they had BEST remaiH quiet. The
Chronicle in its tirs q does not make q
single tepsble propositizn OF lav. nor
has Congress or AHy court ever held in
any instance what it says they havs.
IL 10 wsu 10 remember a few plain,
commsu senae propositions of Law.
First. no depe rtBent, officer or agent Of
the Governments Gao commit or bind
the 0Oyernmers hy sRy act not made IN
pursuanos of aad IN compliance with
ciear stztutory authority, aud any per
son dealing with any departms Mt, officer
or agent of the q Gsssgnsassns is bouF d TO
know the extent o. tns authority of tha.
department, officer or agent, Beyond
that authority saeh pers3n deals at his
RNEltg ht1u t1N 0DNcI ulnC " uOt RuItkE
of bad faith If IL does not fulfil con.
tracts made by its agents IN ooniraven-
tion of the Law. Apply this elementary
dostrIne to the Northern Pacific land
grant, The grant was made subject to |
certain conditions, one Of which was |
that the whole road should be compieted |
on or before the 4th of July, 1876. The
company applied for and obtained two
aYfAuaiona nf TINA narnGlu IN Iulr Ae l
1879. Il applied for another extension |
Of time and did not obtain il. Then, |
and then only, was II discovered by in.
gsnioas counsel that no extension was |
needed, that the grant WAS a continuing |
one. and the company was entitled to the |
land IL il could only construct the road |
before Congress declared a forfeiture.
No Congress and no court has ever di-
rectly or by implication admitted the |
correctness ef this theory. Prior to /
the oompany's application and failure /
to obtain third extension of time, the /
company and she Interior Department /
always supposed that an extension was /
necessary TO continue the life of the /
grant. IL would be Interesting to know
where an Executive Department or OIL
ser gets she authority TO issue patents
after the expiration Of the time limited
In the charter, and which is one Of the /
express conditions of the grant. The 1
executive officer, the company and the /
purchaser from the company are beund /
to know that there is no authority for
the issue of she patents. We happen /
to know that the company aad the eyn
dicate who contracted in 1880 to take
the bonds understood the matter and
decided 70 take the risk.p p IS expressed
by Oue high up IN the eounsels of the
o0mpany and she syndicate. We are
aware that in q private grant, II the
grantor stands by and sees the grantee
perform the conditions of the grant
after the time limited the grantee OBJ
tains good title. But this is upon the
theory of the laches of the graHtsr. By
one OF the elementary principles of Law
laches cannot bs imputed TO the Gsv-
ernment. The reason Of this principle
Is manifest.
II ia also trne that these lands cannot
be restored 20 the public domaia with
0ut Fesolati0n or act Of Congress-
Commissioner Sparks simply holds, and
he holds correctly, thst he has no author
ity to issue patents fer these lands to the
Northern Pacific, and, Of course, to no
one else until Congress takes some ac
tiOu tcRAfutak tIcm. Neltuef congress
nor the courts have held that the COM
pany Is entitled to the lands until at
least q forfeiture act Is passed" and We
the production of single do
oision to that effect. The Chronicle Digs
up from Colsnel Gray's remarkable
brief the grossly absurd doctrine that
the lands ara irrevocably pledged to the
ouilding of the road. This doctrine is
founded upon section 8 of the charter,
which reads as follows That the
United States make the several oondi
toned grants herein. and that the said
Northern Pacific Railroad Company ac-
sept toe same, upon the further condi-
ton that u the said company make any
breach OF the conditions hereof, and
allow the same to continue for upwards
Of one year, then in such case. at auy
time hereafter, the Uuited States, by its
Congress, m1y do any and all acts and
thines which nay be needknl ana neces
sary to insure spesds comPletion of
said road" Any Law student With ten
days' experience in a Law office who
would seriously place such q construo
tion upon thai section should be sent 20
tue whipping post as malicious fool.
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