, 1886-08-12
The as'eekln areus.
Iocrhees On the N p. R. T.

Delegate Voorhees, dcliycrI 4
speech in the House of Reprrzcata-
tives or the 2Cth of July, upon the
Northern Pacific forfeiture bill, Of
which tko Washington corespon-
ience of the CrcGoujri. speaks as
follows.
As every reader knows. the dele
gate Is not q friend II tho Northern
f"ciiio. Tho history Of the road was
bIIoliy traced from the date Of the
granting act lie aid: Born. Is it
VAS. ia tho midst uf falling homes
aud shattered hearth-stOncs. when
tile wheels of progress we're cl0ggcd
10y the disasters 81 civil war. this cor
porRtiUn, through al the years Of its
existence. seemingly drawing Its IN
SplratIun from the oppressive period
OF the creation. has been essentially
y stumbling block and an obstruction
m the way uf the material progress
uf the couEtry through which il
passes The company made honeyed
promises before the completion of
the road, bat immediately after lis
completion the iron hand Of opprcs
sion was frightened On the homes Of
the people Tn" republican party
was indirectly charged with becoming
be,ifellUw 81 the company. IN words
a. follows During the tWputy-oue
br twenty-five year ut republican
supremacy which have elapsed since
the grant was made o. tha Northern
Pacific railroad company. every de
Maud fHr au honest and reasonable
exposition 81 ilr law mas hrru made
in vain. Cooperation logic has in
yariably proved tau much for the
judicial fairness 90 those iutru~tpd
with the Interpretation ~ the !aw
In an the litigation uf the past uri-.
ing ont q thI- grant. the people,
whose rights have constantly been
Invaded. have Loau tho plaintiffs. be
cause uf iHr unughtruu- ruling Cd!
republican officials With the advent
- democratic officials positions have
ipy,u reversed, the railroad company
D. new the plaintiff. and the people
have beon greatly lvautugcl 10y the
change
Ia speaking uf the conduct Of the
company iu Ignoring Yakima Ciiy
aEi establishing a new town flu
miles beyond. the speaker said; III
10 the time - the completion Of the
road t. Yakima City. Il was supposed
that the Northern Pacific railroad
cOmpany had sounded al the depths
snd skoal- - corporate iufamv and
rapacity II remained for il. how
ever, g. emphasize. iu iss conduct
the most bcartlpss. ruthless. and
fsmaahle transaction ever known e
the fall history II corporate specula
tiou. To deliberately set on foot and
push forward . speculation in ruined
homes. shattered fortunes. aud brOk-
81 hearts reFusrps such colossal and
gigantic seuunl4rlism that the mind
tustiuctivCly shrinls from it, c1ntcm
piaticn."
As to tho lrgal gnrsiion- In di-put,
VOORHEES, holtis that the grant j. 1
grant uTznn conditions precedent, ant
that isnie is oue - th,.-" precedent
conditions 4 statement was submit,
tel n the different kinds Of grants
\ simple present grant, a. every law
yer knows, is agraat where the title
ths Tee simple. passea with the act
~ The sor,ls oi The act itself. from
the state % the grantee II l. equiv
aisnt to a deed in Zee simple TO ia,
pFopeTty in question. aad the STAT
thsresfter j. completely divested O
title, ana can no muFe control tia
p7upsrty the title 10 which has thu
passed. forever out Of is hands thar
a can control property 10 which
never had the shadow Of right. tha
may, psr,'hanee. belong 10 the sam
"a a1y other citizen. To assume tha
congress may retako 20 the govern
ment al the pre- emptions and home
-,eads and grants that they have eve
heen made by the government is
proposition too monstrous 10 nee
discussion.
"a present grant with condition
subsequent is grant where the fe
passes from the state 10 the granite
by the words of the grant itself: tn
deesi, the instrument Of transfer. th
law itself containing n clause. Nhic
n notice to all the world that
certain conditions are not performe
within n certain time the fec of tn
granted premises will revert to tn
grantoF. It Is like unto deed of gil
of property TO a daughter condition
ed that il she should die without Is
sue the property shall revert to IN
estate of the erantor.
~ grant with conditions preceden
II solemn promise that II the part
To whom the promise Il made wi
perform certain conditions on or be
fore 4 specified time the state vii
thereupon make TO the grantee fuI
and complete title in fee simple-is
sue ats letters patent to the granite
or his assigns
According to the theory that tn
grant is one upon conditions preet
dent, 1t was argued that as the gran
expired July 4 1879, the government
stall holds the power 10 declare a foT
TEXTURE OF all lands west Of Bismarck
the point to which the road wa
completed at that date. Several lega
decisions were cited. one 10y Judg
Deady in 1852, where be held ''tha
the grant Is not IN pFa'senti. and tina
u WAS IN effect a grant upon condi
tons paecedent" The speake
agreed in this conclusion. but differe
with the Judge in his suggestion tina
Il was the intention Of congress TO Se
apart and devote the lands in ques
ton absolutely to the construction Q
the road. MIR. Voorhees, said tha
lhis suggestion j. nowhere susiaine,
IN all the legislation of congress.
There seems Ia be u1 doubt tina
the PUGET So;1uI c,uutr, will 80,