Los Angeles daily herald. [microfilm reel] (Los Angeles [Calif.]) 1884-1890, 1886-06-16
LAND FORFEITED.
The Northern Pacific Will
Disgorge
IT'S UNEARNED PUBLIC LANDS.
The Senate Passed a Bill to Return
Much Territory to the Public
Domain.


| DOH1dift.
Special TO heHerdd bVths associated Press.
SENATE.
WASHINGTON, June l5.-0n motion Of
Dolph, the Northern Pacific forfeiture
bill was taken up, and George resumed
his remarks on the bill. He entered
into an elaborate legal argument to
show that the company was not entitled
to any lands not earned strictly within
the limits Of the grants. He argued that
the lands at first belonged to the whole
people of the United States; that they
were granted to the railroad company
on certain conditions prescribed in the
granting act; that as to a very large
quantity Of the land the conditions had
not been complied with in the time pre-
scribed; that the action of the officers Of
the government in accepting sections Of
the road after the time prescribed by the
act, was not in accord with the law; that
their action was therefore void; that the
failure OF the government officers to dis
charge their duties could be no estoppel,
either legal or equitable, upon the gov
eminent, and that Congress would not
now refuse to forfeit all unearned
lands, inasmuch as Congress was
not dealing with its own property
but with the property of the people Of
the United States. As to the argument
in favor OF equitable estoppel, George
maintains it to be equivalent to saying
that whenever a railroad company could
corrHpt government officers in order to
induce them to fail in the performance
of their duty, then such corrupt failure
was to be binding on the people OF the
United States. This would be a mon
strous doctrine. He analysed at length
the decisions of the United States Su.
preme Court to support the various
points in his argument. George finally
commended that under the granting act
the power Of Congress was ample, and
its duty plain, to take possession of the |
Northern Pacific Railway and either sell
it or do with il as Congress might 9th.
erwise see fit, in order to complete the |
line of the roal for the building of |
which the land was originally granted.
Mitchell, of Oregon, characterized
Georges speech as the most extraor.
binary he ever heard in the Senate. Ill
had never before been claimed that those
lands had been granted on conditions
precedent. All lawyers had heretofore
recognized the conditions as conditions
subsequent.
The amendment of Van Wyck was
then brought to vote. That amend.
ment declares forfeited lands co.term-
inoas with the portion OF the Cascade
branch not completed at the date Of
passage OF the pending bill. The amend |
ment was agreed to; yeas "a, nays is. |
OF the affirmative vote nine were Re |
publicans, being Aldrich, Chase, Cullom,
Harrison, Logan, Spooner, Teller. Van
Wyck and Wilson tof Iows) OF the
negative votes three were Democrats,
namely. Brown, Payne and Pugh.
Otherwise than as just noted. the affirm
alive votes were Democratic aud the
negative votes Republican. Quite a
number of pairs were announced.
Eustis then formally submitted his
amendment already suggested. being al
provision in the nature of substitute
forfeitng all lands co-terminous with |
such portions of the road as were not |
completed on July 4, 1879. excepting the |
right Of way and excepting also lands |
included in villages, towns or cities |
The amendment provides for the confir. |
nation OF titles of actual settlers.
Beck opposed the amendment and
Eustis supported 1t.
Vance criticized the land grant policy |
OF the government as having been
wasteful and extrasagant.
Teller defended the course of
the Republican party as to the |
purity and patriotism OF its motives
and conduct in relation to pub.
lie lands and said at the time the
grants were made the Senator from |
North Carolina and his friends were in |
arms against the government.
Logan said it did not come with good |
grace from gentleman for political cap |
itol to come here and denounce the acts |
of those who had charge of this govern
ment at the time the land grants were |
made. Logan was not opposed to any
of the rights of the people, but was in |
favor of honesty toward all people. He |
would treat a corporation Just as he |
would treat an individual. If he made |
a contract with an individual and that |
individual complied with the contract, |
Logan would be bound by it and the |
contract was extended for the time it |
was renewed. Some Senators thought |
it would be popular to violate an honest
contract They were willing however |
that the government should double the
price of its own land on account OF |
railroad. Logan was willing to vote for
a forfeiture Of every grant of land where |
a right of forfeit existed. Where the |
company had not built its road.
Edmunds opposed the amendment |
and Eustis' amendment was rejected |
Year ~, nays 80, as follows; Yeas,
Berry, Blackburn, Call. Cockrell. Coke. |
Eustis, George, German, Harris, Maxey, |
Van Wyck aud Wilson, of Maryland
~. Nays. Allison, Beck, Blair, Bowen,
Brown, Chace, Conger, Gallon, Dawes,
Oolph, Edmunds. Frye, Gibson. Haw-
ley, Hoar, Ingalls,, Jones, of Nevada,
Logan, Mcmillan, Malone. Miller,
Mitchell, of Oregon, Payne. Plumb,
Pugh, Ransom, Sawyer, Sherman,
Spooner, Teller, WsIthall and Wilson
OF Iowa-32.
Van Wyck offered an amendment re-
pealing the clause of the granting act
which made the right of way exempt
from taxation in territories. He said
under all circumstances he thought a
road should bear its share of taxation.
The amendment was agreed to; yeas 26,
nays 20
Blair offered an amendment providing
that a land grant road that had not
complied within the time limited by the
grant and which had since proceeded in
good faith and with reasonable diligence
to complete it should now be allowed
five years to so complete its roads, but
requiring that lands should be disposed
of TO private undivided owners inside Of
ten years from the passage of this act
10 tracts not exceeding 800 acres to any
one individual and at price of not
more than 50. so per acre. All lands not
so disposed of within that term to be
forfeited. Blair spoke in support of his
amendment.
On motion of Mitchell of Oregon. this
of to private individuals.
amendment was laid on the table.
On being brought to vote the bill
passed, yeas AZ. nays |. (Blair.l
HousE.