Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1885-03-26
TnE LAMB GRANT.
rue sasdsw % Title of she serthera
Paeiee company 60 Laads 90 the
Cascade DiytsIan
IoBT, King County, ". T..
March I'd. ISs.5.

fieasr state IN yOuF nett WEEKLT u
tbs Railroad Company has any night to
we'll and give title % land in t0wuship
- north Of range 7 east. There is !
party kefe appfsisinR and trying 90 eli
iAnd. Tours, ETC., g. W. SHAW.
The above inquiry involves legal
Questions which are surrounded vi,h
many difficulties and complications. II
has been the practices of the company 10
sell lands embraced within the limits o,
withdrswal at any time after the fIinc
cf 4 so-calit'd map Of general route, y
and the withdrawal OF lauds thereon by
cbliginR SsoretAgies Of the Isterior
We believe thsFe are MANY instsn ees
where such aands have been sold by the
company. and still more where a mas
called map of definite location has
been died and before the actual con-
strnction Of the roads without tbe Der.
formanes Of which condition tha rail
ROAD company cannot become invested
With q title 20 the lands. and therefore
has na ia1fci right TO sell them.
IL ~ not irnprohabls that, through the
inAction Of Congress and the courts,
the psrchasers may enjoy undisputed
possession of the lands they bay ander
szeh circumstances, bat they do not ae
qaire an abSolste and indefeasible titl-
zone beyond the rower of Congress or
the courts.
From an examination ot the charter
Of the Northern Pacific Railroad Com
pany snd the history OF the filings of
the varions maps of the Cascade divi-
sion, We are very clearly of the opinion
that the company has no title 10 any
lands on that division, and that there i
no way in which IL can acquire such
title except by q new grant from Con-
gfeaa. aud We believe on a proper case
made and taken TO the courts, that the
courts would 40 decide. The essential
words Of the grant contained in seeti.n
3 Of the charter. are a. follows: That
there be, AMI hereby il, granted to ID Q
Northern Pacific Railroad Company
every alternate section Of
public land. not mineral, designated by
odd numbers, 20 the arnonnt Of twenty
sections per mile. on each side Of said
railroad, aud whenever, on
the line thereof the Unifed states have
foil title, not reserved. sold. granted or
otherwise appropriated, aud free from
prs-emption or other claims OF rights,
AT The time the line If said r0ad is dsfajts
~ Dred, and plat thereof flied IN the
office of the Commissioner of the Gen.
eral LaHd Office"
BY decision rendered March "a,
1895. by the United States Supreme
Court, a synopsis OF which was publish
ed and commented oa in our WEEKLY
edition of March 18Th, II will be seen
that the right Of the Union Pacific
Whose charter contains similar words
of Rransl 10 the lands granted to n did
mos attach until the tiling Of the map OF
definite location, that until such map
vas fled the lands we're subject 90 pre-
| caption and homestead settlement that
IL pre- emption or homestead filings
we're made on sach lands st any time
prior To the ding Of the map Of difinite
location by the railroad company. snch
filings w5nld hold she land, aud even IL
such lilings were ubssquentiy abandon
nd sucb lands reverted to the public do
main and could never become part Of
the oompanY's Rrsnt. The Northern
Pacific railroad company has file three
maps of its branch ecrOss the Cascade
mountains upon which Withdrawals
have been made, viz; map of August
L. 1873, via ShaQit pass; map of June
| IL. 1879: amended Cascade branch line
via Cowliiz pass, snd map of March NJ,
4 1884. via Stamp de pass. on which ex
istInR Withdrawals are made.
The question now occurs, were these
maps "mapa of general route" ~ Of
"dernite l0oationYr II they we're maps
Of general route" the Interior Depart
mant, accordioR 10 the decision above
rafaNraA A. kaS ssn nufktuPttu - raaka
the Withdrawals. II they we're maps Of
definite location" there could. accord
Ing 20 well settled Law, be no change Of
retIte without Legislative consent. which
haa never been obtained. In this case
the Skagis pass route and Withdrawals
having been Abanda ned, the company
and the Department would have no
power TO ix any other route and there
uonld consequently De no valid grant
Ia the charter only one map Is spoken
Of or aathsfizsd, and that ooald Only be
died when the rozte Gas definitely
liked" II is not improbable that the
courts would held that the oompany's
hliag the FIRST map of the branch. and
asking the withdrawal OF the lands
thereon, and the Storetary's complain Q
uith such request. should b. construed
A. t,onstituting this map the map of
Sds finite location" IL ~ the company
has no title, and cannot give any 10
others.
if, however, it should be held that All
the maps, except that Of March 50, 1854.
weFe "maps of general route" and that
ahe tiling Of them did not. under the
above mentioned decision, IN sny man
aer affect the oompany's right tn the
lands there still remains the objection
THAI the last map was fled nearly i've
years after the expiration Of the time
imated In she charter for the compile
lion Of the entire road. The charter is
IL law as we'll as a grant, aud from 1t
alone the Secretary Ut the Interior de-
,ivss authority 10 rec i've the hitnG of
any map, or 10 make Withdrawals of
land thereon, and ID would be interest
ing TO know where the Secretary gets
The right 20 act in the premises I'VE
years after his statutory authority ex-
l,iree by express limitation. We are
ilos aware that there y decision OF
any court or any rule Of Law or common
smnse thai gives him any sach right,
We do not know that the railroad corn
,,any claims that its route on the west
sasle Of the mountains ts definitely nxsd
l,esond the end Of the hfsy miles ex
tsneline eastwarsiIy from Tacoma
Al any rate IL 10 plainly 30 be seen
that the grant for the Cascade division.
try reason Of the sarious mars and WITH
slrawaIs and the hagrant laches Of the
company, IA In o badly mnddled oondi'
ttou--a condition likely 10 prove fruit
fHl Of litigasion-
This much, however, y non absolute
II eBrtAin. that u any odd namoerec
sectaans within the liEssts M the grant
had ever been nlra on prior 70 March
rs, lisa. whether abandoned os not cub
selaent % such tiliag. sacA sections are
nos iaov, aad Nj veF eAz be. undef ths
chartef. the properly of the company,
and are still suhiacs. If abandoned. -
pFe amptiun. timber, osal and hone
sl,eAd entry. Ths oghsF very serisus
quesfions Involved can ouliy be deter-
esiaisd ky litigation % ConsrssAteasl
LEGISLATION. ln tae meAntsne the titles
are VERY uncertain.
GoTS0 BAcx 10 PKTyATs LsEK--J. G.
Eiorr. one % The seeass sf the TFeasaFy
Department who was Iet cut by the re-
esnf order Of Secretary Manning, re
an..snss shs f.rrTes. xxneaes3 NO tha Neund