National Republican. (Washington City (D.C.)) 1872-1888, 1885-03-17

demanded, In behalf of the settlers to know
hat was the title which had been set up to
deiraud the settlers of their rights. He de.
med that the title was a legal tito. In his
Judgment 1t was not only an Illegal hut
fraudulent grant. II presented features which
he hoped would never be presented In the his.
tory OF this country.
Mr.. sherman asked what consideration was
passed, II any, between the New Orleans
Pacific and the Backbone Company.
Mr.. Eustic replied that II was the large sum
OF one dollar
Mr.; Maxey asked If the Backbone road had
acquired any vested right, chaste or unchaste,
prior 70 the repeal of It's charter
Mr. Eustis said there was not a single step
hken prior To 1877 which did not concur with
the statement made by the New Orleans Pa.
enc company that the Backbone had not laid
the basis for a particle OF right to this domain.
nc was glad TO know that the Secretary OF the
interior was going to investigate this matter,
and ne hoped that In future there would be
an administration which would be in the in
.eeIest oil the people, and protect them from
ths rapacity Of rich railroad corporations.
MI. George asked II there was any pro-
vision in the state charter which authorized
the legislature to repeal It,
Mr.. Teller stated that when the state of
louisiana granted the original charter to the
DacGpone Company II was provided that the
aCt should not BIO modified or repealed with.
out Out the consent Of the company. This com
pany having tiled two plats In the land office,
having mortgaged the land and put the bonds
out upon the market, the legislature of Louisi.
ana attempted 10 repeal this charter. The
compahy mad taken the initial steps and done
everything that II company was required TO
40; asst preliminary to building their road lie
did not care how dishonest the original corpor-
alton had been; they had filed their plats and
put their bonds upon the market, aud when
the assignment was made there was no voice
raised III Louisiana which was not In hearty
approval of the assignment Not n point had
been made by the Senator from Louisiana (Mr.
had 4
tho Attorney Generaland by the judiciary com
mittcc Of the House. His predecessor In the
Interior Department had sent commission to
determine whether tho road had been
built in accordance with the statute
The very question that the Senator now
raised of the right to build on the west side of
inc river was one OF the questions which the
Attorney General especially passed upon, and
upon which he had declared the road had such
right. As the Interior Department had been
vigorously assailed, both as TO its honesty and
ability, no wished to call attention to the men
who composed the committee of the House
which had passed upon these questions In the
same way. lie read the names of the thirteen
members of the Judiciary committee, aud said
he was willing TO stand with them. Against
them he had the Senator from Nebraska (AIr.
van Wyck) and the Senator from Louisiana
MIR. Eustsl. These men the oommittee)
knew the difference between conditions-sub-
sequont and conditions-prccedent. These
men knew what the law was and they passed
the benefit OF the House, having been in
structed by tho House to do II with the pur.
pose of enabling the House to act intelligcntly
and hoiiornbly.
Another committee, composed of some law
yers and some who were not lawyers--the
committee on public lands--rcported on that
subject 10 the House. They divided---iive for
the grant and six against 1t. He would submit
10 any ihir, Intelligent person that the weight
OF the argument was with the men who were
favorable TO tho grant. 1t had been the un-
broken rule Of the department for sixteen
years to issue these patents whenever the par
ties had complied with the condtions-subse-
quent, without reference to the time, and that
had been done In nine cases out OF ten without
any inquiry whatever 1t was very easy for
senators si TO address the people in tho gallery.
Inc settlers should have been protected when
the grant was made. That was the time to
raise this question, aud not now. The govern.
ment mad made u contract. IL had said to the
road, You may build within certain time
and we VIII give you Il certain amount OF
land" well-knOwn rule of law sud that
until the rights Of the government were as
serted the roads could keep right ON regardless
the Supreme Court ofthc United States declared
that the government must, by some action of
Congress, declare its intention to rc-enter the
lands or the patent might continue, and when
tho railroad companies had performed the
condition the land was theirs as much as II
they had built II within the period fixed in the
act. Previous TO this decision the Interior
Department had refused to grant titles to the
issued.
In concluding, Mr.. Teller cited the action
taken by the several attorneys general, in
GLIDING Mr. Stanberry, OF Ohio, and Mr.. Hoar
OF Massachusetts.
Mr.. Van Wyck, referring to Mr.. Teller's
speech OF last week. said 1.-THE Senator from
Colorado regretted that every person who has
spoken ON this subject was not II lawyer
meaning, probably, "a lawyer OF railroad pro.
gllNltles. There might hp lull nal
lawyers US during most of the last sixteen
years had been at the head of the Departments
OF Justice aud of the Interior, making the
presidents which the cX-secrclary boosted he
had followed"
lie alluded to the Credit Mo5iler, the loca.
ton and conveyance OF lands To the Sioux
CITY ana Pacific the donation Of lands from
Portland TO Puget Sound, and the Cunsolidu-
tion OF the Union Pacific with the Kansas aud
Denver Pnclilc, In the latter transaction the
Union Pacific was made practically bankrupt
ana could ana his syndicate realized not less
than $50 OOO 100 NJ the expense OF the nation
While the people between The MlssoIri and
the Pacific ocean were subjected to outrageous
and eNtortionatc charges.
Alter INDUCING In criticism upon the course
and policy OF the Attorney Generals Office and
OF the Interior Department., MIR. Van Nick re-
marked; Federal DayUnets were pointed
against tho breasts OF hardy pioneers, There
were no bayoneIs 10 drive Out the cattle syndi-
Gates already IN OkIWnomu, or To destroy
fences illegally mclUsing millions of acres Of
the public domain. Ihe senator admitted
o,,av ,t''1 to H., m"1 my e.'.1Vu 70 ihuls
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