Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-07-14
MATTERS AT HOME.
IMPORTANT ID CISI0N By THE
LAND COMMISSIONER.
Turf Topics-Hop Market-General
Grant-COnvention or Hebrews
The Cleveland Strikers.
ESPECIAL DISPATCHES 70 THE REooRD-rNIoS.l
Important Decision Affecting Pacific
Coast Railroads.


important Decision Affecting Pacific
Coast Railroads.
WASHINGTON, July 13th.-Land Commits
sioner Sparks to-day rendered the most I'M
nort0nt decision affecting the interests of
Pacific railroads that has yet been given
under the new administration. The Com
missioner affirmS the right OF entry under
the public land laws and the decisions Of
The Supreme Court, of lands heretofore
withdrawn by the voluntary action OF The
General Land Office for railroad indemnity
nurnoses. where no requirements OF law eX-
listed for making such Withdrawals. The
,iiecJ of this decision if sustained by the
Secretary of the Interior, will be to restore
to entry, under tue homestead and other
laws. over 0,000, eco acres of public land,
which have been kept out of the market
for many years in the interest of railroad
orporafious. The Commissioner cites at
tentsth from the leading decisions OF the
Supreme Court, and says that the law, as
settled by the Court IS that no right vests
10 lands embraced in granted limits
until the granted sections are defined
and a lawfully fixed location of line
of the road, and chat no right what
ever vests to lands within the indem-
been acquired. and the selection of partic-
ular tracts to supply the ascertaincd deli
cieucies in the granted sections has actu-
ally been made In either case, it is the
ACQUISITION Of q vested riElt by railroad
company which cuts of the right Of entry
10 lands in either limit. The time when
such right might accrue is different IN re-
spect to different limits in one case, 1t is
the time OF = legally fixed location. In the
other case the time is the actual selection il
the manner prescribed by law. Until the
fixed location of the line OF road has been
lawfully established, as provided by precc-
dent conditions Of the law, all lands within
granted sections are subject 20 settlement
and entry, and 10 disposal by Congress.
The various cases have held that the right
of appropriation and disposal of lands
within granted limits remain unimpaired,
under the law, III The people and the Gov
ernmcnt, until the line OF road is lawfully
located Il finds that the right of apprO-
priation and disposal Of lands within
indemnity iimitsremains unimpdired, under
the law, in the people and the Government,
until the particular tracts are lawfully
selected The Commissioner refers to the
practice of the Department in making
Withdrawals OF land of railroad company
which has fulfilled the conditions OF the
law, but which Is purely administrative
action unless the company has made Sc
lection OF specific tracts within the indem
nifty limits, in the manner prescribed by
law. and says chat an administrative reser-
walton of lands for indemnity selection
before the selection is made would be as
foreign to the idea OF the law as an admin
istrahve reservation of granted lands before
definite location. The expressed pur-
pose OF railroad land grants gen
orally is to secure the construction Of
railroads \ time certain is fixed,
within which the roads are to be built.
An official Withdrawal of the lands not re-
quired by the statute, but made for tie
purpose and with the effect of keeping the
lands from entry to await the pleasure OF
the company in constructing its road
would be an administrative defeat of the
object of the law. 1t is not a fair implica-
ton from statute that authorizes a thing
to be done, which would defeat its pur-
pose The equities are with the Govern
ment and people, not with the grantees
The latter were given munificent grants
and accorded great privileges. They were
allowed ample time to complete their
roads. and this time was frequently ex-
tended by Congress. If after all they failed
TO perfect the claims dependent upon their
own acts, upon what principles of law or
theory.of public policy should the public
rights be subordinated by administrative
indulgence to the convenience OF the COM
panies beyond the statutory limits It is
part Of the history of this office
that early Withdrawals under rail
road grants made prior 10 1850,
did not contemplate d denial OF
settlement rights under the public land
laws, aud that prc-cmptiOn entries were
standing the official Withdrawals until the
time arrived when, under the Interpretation
of the law then current the right OF guar
autee 10 particular sections became vested.
Il is. l believe, modern idea chat railroad
Withdrawals, not required to be made by
law, cut ctl the legal right Of settlers 10
land within the designated line, but the
Supreme Court mas more recently mega
lived that idea in The important decisions
already referred 10. These Withdrawals
are treated as of I'D legal effect. In the
case OF the ST. Paul Railroad vs.. the WI
mona Railway, where lands had been vol
UNFAIRLY withdrawn by the Land Depart
mcnt. 10 give the company reasonable
time 10 ascertain their deficiency and make
their selections the Court says OF such
withdrawal 1t BY no means implies a
vested right in said company inconsistent
with the right OF The Government to
sell or Of any other company 10
select. which has the same right OF seiec-
ton within those limits. In the ease of
the Kansas Pacific vs.. the Atehison Rail
road. the Court SAYS The order Of with
drawa of lands along the probable lines of
defendants road, made on the 18th Of
March, 1868, by the Commissioner of the
General Land Office, affected no rights
which, without it, would have been ac-
quired t. the lands. liz the Cedar Rapids
cases. the withdrawal was made before any
was required by the statutes, and the Court
held that the entries allowed and the
patents issued for such lands were
valid, Notwithstanding the Withdrawal
Following these decisions by the
authority of which ] am GOV
erned, / must hold that a withdrawal OF
land by the Commissioner OF ;hc General
Land Office, when. rs IN The present in
stance the Withdrawals from settlement
entry, or other appropriations, are rot -
uarci by law are elective only as infUr-
NATION In defining the limits within which
indemnify selections may be made IN a
proper t.mc AID manner, but are not oper-
alive as % prohibition uf settlements and
entries within such limits under the public
lands laws prior To the time when "a lawful
selection by a railway company has actually
been made
Proposed Pacific Coast Customs Reform.
NEW YORK. July l3th.-Thc SUI Wash
ingtun special has a long account Of the
customs reform instituted on the Pacific
coast, in which it says Assistant Secretary
Fajrcllild is investigating the condition and
working methods in operation at the
CnStom-houses on the Pacific coast, from
san Diego. Cal. 10 Alaska. and Is already
in possession of information which war
rants the opinion that saving OF 30 per
cent. III The costs Of collection may be
effected without injury 10 the service. The
EGstOm-hoUses at Los Angeles ana san
Diego have only to deal with few coal
ships six or eight year, from British
Columbia or Australia, and ut san Diego
occasionally a schooner from Lower Cali
fOrnia. Both collection districts should be
attached TO the san Francisco district and
placed under he control OF the Collector ut
San Francisco, with Deputy Collector and
Inspector detained for duty at each port
with salaries of 81 200 and $500 A reluc-
ton in this way would save $4,000 yearly
Where a change in the direction of econ
omy can and should be insisted upon in the
San Francisco Custom house, as well - in
other leading Custom houses of the United
States, IS the suppression of the office of
Naval Officer snd his subordinates. This
would save 80 0U0 annually.
Oregon has two customs districts on the
Columbia river-one at Astoria and one at
Portland. All ships and steamers entering
the river must enter ct Astoria, though
nine ont of ten have rotbintr to Iou1 tbero