Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1885-11-28
DAILY -IETELLlGENcER
. WV Isapgx or An OLD cHeRrs.

copied, usually With delighted eo@-
rasnts, BY every monopoly orgsn BE-
tween ~. Psal and Seattle. The rail
road eiaskers are 20 dslighisi At saah
an important nc 1uisitlon 30 their ranks
that they fail ~ sc that the position
ASSUMED by tie ssa il an antssaose
one, or to remsmbeT that they once held
the san's position aud that they we're
driven from il most ANONYMOUSLY. As
might have been eIpectsd, the saAs
article 10 devoted principally to the
Northern Pacific grARi. Ia iis zeal In
the railroad cause. the ssa takes up IN
old sad almost forgotten refrain claim
ing that this grant u absolutely non
forfeitable that no power. Legislative
or iaiiciAl, iu heaven or on earth conio
restore to the public domain the lands
onse grated 30 the Northern Pscihs.
This vas oncs familiar music. Two
years ago the entire railroad chorus vas
singing II, each one screaming at the
top Of it's laags. One by one hoSevsr'
the voices we're hnshed until not Shis-
Der Of the old song vas 10 be heard.
Even the railroad officials and attorneys
laid aside the old score and cast about
for music that nigh, be sung With more
eject.
In attempting to argue that the North
ern Pacific grant 10 noa-forfeitable, the
So. becomes toe champion Of doc
tripe which has been directly repuai-
ated by the Judiciary and Public Lands
Committees OF both Houses Of Con
eress, AID wbish even the most subsef-
Went tools Of the railroad power have
abandoned. Il has been repeatedly
held by the courts, and is regarded a. an
elementary principle Of Law that where
the condition Of the grant is express,
there Is no need of reserving right Of
entry for a breach thereof, IN order to
enable the grantor TO avail himself Of
At washbarn ON Real Property.
4th edition, volume 2, page 49,. That
the condition of the grant In the case OF
the Northern Pacific Is express, cannot
be denied. The language Of the grant
ing act IL unmistakable. How could a
condition be more plainly expressed
than 10 the following sections OF the
sotl
Section 4, That each and every grant,
right and privilege herein are 30 made
and given so and accepted by said North
ern Pacific Railroad Company upon and
subject to the following conditions,
namely: That the said Company shall
commence the work on said road within
two years from the approval of this act
by tho President, and shall complete not
less than fifty miles per year, and shall
construct, equip, furnish and complete
the whole road by the 4th day OF Jaly,
1876.
section 8. That the United States
make the several conditlsned grants
therein, and the said Northern Pacific
Railroad Company accept the same
upon the farther condition that II the
said company make any breach Of the
condition hereof and allow the same to
continue for upward Of One year. then.
In such case, at any time hereafter, the
United States by It's Congress may do
any and all acts and things which may
be needful and necessary TO ensure
speedy completion of the said road.
Though 1t is remarkable that the Sun
should assume 30 extraordinary = posi-
ton. the manner ia which the railroad
organs along the line Of the Northern
Pacific quote aud endorse the ssa's
language Is even more remarkable.
With few exceptions they long since
recanted what they ouce said on this
proposition. For instance. almost all
of the railroad organs in Washington
Territory have declared that they are
In favor Of the forfeiture Of the lands
granted for the line down the Columbia
river, yet they now approve the arRu-
ment Of the San, that such forfeiture
Ia Impossible. With the SHs. they
would hand over TO the Northern Pacific
people vast body Of land as compen-
sation for the building of q railroad
which never has been built, and which.
a. the railroad company itself virtually
admits, never will be built.
The 1t. Paul Pioneer Press, one Of the
most extreme Of the Northern Pacific
organs. loses its head In its delight at
the Sas article. and raves in the follow
ing language
The " completion OF the road" was all
that The United States set itself 10 pro
cure. For that purpose the lands spec-
fled were forever set aside. Had there
been no Northern Pacific reorganization
the Goverpment could have used the
land grant 10 induce some other com-
pan, TO finish the line, aad that is all.
The line has been finished. The organ
iEatsen which bnilt 10 has title 20 in
dispstabie that the bill introduced at
each session OF Congress by some Dem
oeratic member for purposes Of forfeit.
ure is an absurdity In Law aud equity,
and all consideration Of Il in committee
or debate upon IL In the House is 4 clear
waste Of time.
II wonld be difficult to condeuse more
miasiatemets iate 90 few sentences.
The Piosssr PrSss Ia absolutely regard
Les Of fact To begin With. the lands
specified we're not forever set aside for
the purpose Of procuring the hnildipe
Of the road. II the express conditions
OF the granting &c, we're not complied
With the grant would be legally forfeit
Cd. but Congress added 10 the act the
further coalition set forth in section p
According 30 this Congress may do
any and all acts and things which may
~ needful and necessary 10 insure q
speedy completion Of the said read"
Not must do" or shall do" but may
do" And upon such greand the Pc
sesr Press declares that the lands
specified we're forever SET aside" to pro
cure the completion OF she road.
The next ssaiemext tina, the line
has been dnished." Is startling in its
monamsntAi fslsity. Any sshsolt,oy
knows il Is not true. The trAnsconti-
mental Tine OF the Northern faciac has
never been built to side-water q, any
point on the Pseide Uosss and il IL an
n l.