Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1886-05-15

us1sy dsaan, ard q AZ tizaas ha1t ia
tHeIF df4Win1 50 m11a at1oltF With
flHi4a1loHa. &t4s a - hard 90 alHoefu
An8 dlsiHzuisA E2am. Anuw, 1egrefofe,
f1z fna u11sl r1zt. c111lfI1n1 E9Ee con-
dlsiunal wards ID theis fran tispieos. and
Do hoE8 thaFanIsns ard thai aznunq
thess Words there are TIRES words shat
So most pzopeE. u1icn - their own ~
Gara a1d efd1acF, without any addition
Of ofnef w9zus & n entry In ne Goa.
elnsion e tee cunditfon, Do mtke she
essale eutldlli1nNl a pforlsos ~ 1a1.l
and ~ eaad1fiaaa.
HnahhuEn. ID ais work on Real Prop
eE4ys marginal page ~. says:
AmonR Ne forma Of oxnrezsiou
walsh imRlF eoaditioa In a graft ths
wriiefs give the failowing. 0n eandi-
tl1n. pr0ridee aluays Il Il shall -
haupon, q 20 that the araules pay.
h. within a srsaiEied tiasa, and grants
uaAGe up0n any az theae tornaa vest
eonditianal estate IN ne Eranfss.n
When tha condition. Ct = grant il ex-
press. there il ne necessity Of ressrVinc
right % entry for breach Of she con-
difion, il order 70 enahle ne 9rantof 20
taka advantage Of il. jackson ".
Allen. Cow, %; Gray ". Blanchard
8 Pick, "a
That tAe words apoa condition. .
and even words less Specifically express
pressing the infaal. are eunstra0d ~
es1ablishfne an estate UPON condition
snbsequent. without further description,
Is shown By many authorities.
Authorities upon this paint might b.
malfiplied. Is Is The consiruslion q
p<incipae and aafhoFity, and yoar nom-
mittes haFe been referred 20 no case
which In their iudQment initiates az
all against she position here assumed.
The rouohstone, At page I22. immedi-
ately following tha quotation which We
have made. Is suggested "a modifyinQ
the aufhaFi1y Of the citation IN ii np-
plioabisily % she oass under considers
ton Bus no saoh enect can possibly
b. given the language used. After
stating the broad proposition quoted
the writer prooeedz % say that allno1Qh
the words mentioned are the most
proper words to make eanditi0ns,n yet
thai they are somstimes used fox other
parposss- Hethen points onf instances
Whero the word proviaon IN certain
particular relations may be given q diff
fersnt meaning. But tie entire discus
sion Is limited % that particular word
does not one mention she words sub
conditions OF name single instance
where they ara used 10 sense contrary
70 she general Fales and even in respect
to she word nprnvieon the exceptions
could not apply 70 She case under con
sideration. for Il Is expressly limited 30
9 usa Of the word where Il does not stand
" originally, BY and Of itself"
The other authorities 90 which We
have been referred are not IL any sense
Eepagnant TO the view u the law we
adopt. They are few In number, and az
the best simply hold that thass apt
words may, Ia certain instances, Be re-
sfrieted BY immediate reference 20 ether
portions OF the deed clearly expressing
different intent In the gsantoF. That
this il true Is not denied; but IL does
not change tbs ensrai rnlo, and ita
applicability 10 the case undar oonsid-
Grafton viii more properly be noticed
hereafter.
Wears therefore clearly OF the opinion
that seoiion Of the act. By the express
language used, created an estate upon
condition subsequent, forfeitable upon
breach Of the condition.
Section 3 Of the act, while perhaps
embracing tbs preceding saction within
iss provisions, and possibly 70 that ex-
tent cumulative, Is also q provision pre-
scTibine certain other and additional
conditions subsequent.
IL viii be noticed at the outset that hy
It's specific language Il embraces more
than one grant. the exact words being
the several conditioned grants herein
ahd that q relates 10 further oondi-
ti0n- Tbs further condition was that
II the company should make any breach
Of the conditions hereof" and ahe
same should continue for q year. then
the United States, 90. Nov it Is 0bvi.
oas upon the mere reading that this
language does not primarily relate to
section s, for that section only appsr-
tains 20 one grant, needs no further
condition, and the pr0Fision that the
defadlt should continue for & year or
upwards would have 10 partinenoa.
THIS section evidently relates to sOme
other condition than shat mentioned in
seoaion 5.
These other conditions or rsqaire-
ments are found In section 8. which
provides that SIX separate and distinct
shinQs should be done By the company,
viz: 1sf, that the road should Be con-
structed IN q substantial and workman
like manner, equal in all respects to q
FIRST class railroad; ID, that ID should be
mad Of rails Of the best quality, manu-
featured from American iron; 3D., that
uniform gage should be established
throughout the entire line; lth, that the
company should construct g telegraph
line of she most approved and suhstan-
tial description; 5lh, that ID should not
charge tue Governments higher rates
than individuals; and 9Th. that Il should
permit other railroads 10 make running
connections on fair and reasonable
terms. These are the ether and further
conditions mentioned BY section 8, IN
default Of any OF which. continuing for
q year, Congress should have she right
10 :" do any and al acts and thinQsn 70
secure the speedy completi0n OF She
said road" as contemplated and pro-
vided.
The intent Of Congress, expressed with
abundant precision Ia the act Itself.
and, as every one knows. a. q matter OF
history, was TO insnre the construction
within the time prescribed Of q substan-
tial. hFst class and thoroughly equipped
railroad from Lake Superior 10 the Pa
ciiic. suitable and available In an emer-
Reneies for use By the United Siates-in
peace for the transmission Of its nails;
IN war for tbs carrying Of troops and
supplies. Congress did not donate 49,
90 600 acres Of the public domain 10
this company without expecting ana
requiring some equivalent. Among she
things il did require was the constFao
ton % hrsi alasa road for the pur-
passs and in the manner Indicated. q
accordingly prescribed the vaFious re-
qniEements above reoised. and 20 insure
sbedience 70 Sc mandates IL provided
bg section that IN default OF any Of
the same Congress might do anything
necessary 80 complete the road ia the
manner contemplated and prescribed.
The enaetment Of these provisions would
have been futile had no reservation been
made OF right 70 enforce them. With
oct sneh q reservation the Government.
upon default Of she company, would
have had nethiRR left except 4 claim
against The comPany for breach Of cen
tfaet ~ Of covenant To prayant suoh
q condition Of affairs ths right was re.
served 10 further legislats 70 compel
obedienoS 20 rs mandates. Thess re-
Quiremanta then became additional con-
rffksnr,a anheanrome apftnk ftsns.ua.un .....,la