The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-06-15
THE FORTY-NINTH CONGRESS.
The Senate Devotes the Day to Discussing the
Northern Pacific Forfeiture Bill.

routine business Mr.. Dolph moved that the
Northern Pacific forfeiture bill be taken up.
Mr.. Beck urged that the Senate take up, in
stead, the motion entered by DIR. Hawley, pro-
viding for reconsideration of the bill prohibit
ing members of CONGRESS from accepting fees or
employment from railroad companies that have
received aid from Congress. Mr.. Beck thought
| this privileged question.
The Chair did not think it privileged ques
ton pending another motion.
The forfeiture bill was taken up, and Mr.. Call
took the floor and resumed his remarks in sup
port of the proposition to forfeit all lands not
earned within the time prescribed by Congress.
Mr. Mitchell offered an amendment to exclude
from forfeiture the lands coterminous with the
completed portion of the Canada branch If the
company could not complete the Cascade branch,
the farmers and producers of the Pacific north
west would have to remain at the mercy Of the
Oregon Railway and Navigation Company. Mr..
Mitchell discussed the purely legal aspect of the
question of the right of the government to for
felt.
In this discussion Mr. George, Mr. Eustis. Mr..
Van Wyck and Mr.. Coke participated
Mr. Hearst said that, since the railroad COM
pany had taken all the good land and had used
it, they should not be allowed to throw up the
poor land There ought to be some way devised
to compel them to fulfill their obligations and
complete the road.
Mr. Van Wyck. referring to the argument of
the company's friends, that Congress had no
right to forfeit those lands, said that whenever
question of forfeiture came before Ceneress we
were confronted with novel and startling prop0-
stions. Our friends the Senators from Oregon
protested but il might be thought that they pro-
tested too much.
Mr. Mitchell said he was not arguing the mat
from the company's stand point, but from the
standpoint of the people of the section OF the
country affected.
Mr.. Van Wyck said we had built three lines to
the Pacific. and all the ''patriots" who came to
Congress with propositions to baild those lines
professed to be actuated by desire to have
competition" first with the lines and
then with the railroad lines. The first thing the
companies did, however, was to combine with
one another to destroy the railroad competition,
and then combine to buy up and
control the ocean lines. Mr. Van Wyck
held that if Congress had q right to forfeit
the land for breach of the conditions under
which it was granted, Congress had right to
date the forfeiture from the date of the breach
of conditions, only taking care of the rights OF
settlers. He believed Congress ought not to
forfeit everything which it had right forfeit
on the 4th of July, 1879 He referred ironically
to the "high sounding resolutions of both poit-
ical parties, passed every four years. about rail
road forfeitures and "reserving the public do
main for actual settlers, and contrasted these
resolutions with what he declared to be the fact
that neither party ever accomplished anything.
There being difference of opinion in the SEN
ate as To what should be forfeited, Mr.. Van
Wyck would be prepared to take the largest
measure of forfeiture that the Senate was pre-
pared to pass
Mr.. Mcmillan said he would vote against the
amendment of Mr.. Van Wyck. for the reasons
stated by Mr.. Sherman and others He McMn-
LAM said that the passage OF that amendment
would be doing great injustice to the people Of
Washington Territory. Whoever made the mis-
take of FORGETTING the Cascade grant would,
sooner or later discover their error.
Mr.. Brown said the government had inspected
this road as each twenty five miles was COM
pleted and the favorable certificate of the
governments agents, each section was accepted
as complete according to the contract. Whether
there was legal estoppel or not, it was very
clear, to Mr.. Browns mind, that there an
equitable estoppel. The government gave
notice that it would insist forfeiture, and the
government accepted the road in sections as
completed. The seventy-fye uncompleted miles
of the Cascade grant constituted a most impor
tant section of the road whose completion was of
the utmost consequence to the people of the
Northwest
Mr.. George desired to speak, but the hour
being late suggestion was made that he defer
his speech till to- morrow.
A motion to go into executive session was de-
to adjourn.
Mr. George therefore began his remarks. but
had not proceeded far when another motion to
go into executive session was made which met
the fate of the former motion Several motions
to adjourn then alternated with motions to go
into executive session, all failing.
Mr. Edmunds suggested that the Senators who
professed most anxiety to have a forfeiture bill
passed. seemed the most determined not to come
to vote on it.
Mr.. George said the criticism could not apply
to him.
While proceeding with his remarks, the Senate
being in great confusion, Mr.. George remarked
that if the Senators insisted on his proceeding
with his remarks at this late hour the had doz-
en- law books on his deskl. he thought it due to
him that the Senators should listen to his re-
marks. Any Senator who did not wish to hear
what Mr.. George had to say could retire from
the chamber
After some further progress with his argu-
ment. Mr. George was relieved by new motion
to adjourn, which seemed to have better prospect
of success.
In the course Of the debate, Mr.. Plumb offered
resolution which agreed to. calling on the
Postmaster general for information as to the ex-
pense of the inland water-routes of the United
States, and the amount of mail transported over
them. Mr.. Plumb also gave notice that, on
Friday morning, he would call up the conference
report on the postoffice appropriation bill.
Mr.. EdmuLds said it had been thought, by
many Senator'S, advisable to have couple of
days-Thurs6ay and Friday-for consideration
of bills on the calendar. Mr.. Edmunds offered
resolution for reference to the committee on
rules, and it was so referred, providing for
change IN the rule of the Senate so to make it
possible to lay on the table a motion to recon
slider without affecting the question in reference
to which the motion is made. Mr.. Edmunds
said that, by some inadvertence. the rules now
forbid that on motion to reconsider, whereas,
above all things, such motion, if made in good
faith. onght to be open to explanation
At O'Clock, Mr.. George having the floor on
the forfeiture BILL the Senate adjourned.
Proceedings of the House.
WASHINGTON, June 14-Mr. Cobb, of Indi-
ana, called up the report Of the committee on
public lands, recommending concurrence in the
Senate amendments to the Atlantic g. Pacific
anS-forfeiture bill.