Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1886-01-24
a BLOW AT THE LAND csAsr

u
missieaer Of the General La.a
once In the Case Of Denald
Aekae Against the y.
r. Y. Z Company.
DEPAsTNKST OF The IxrEEroR.
GENIAL LAND OYYIcx.
"AsHIsoTos. Jan. lzIh, 1856.
hgs'er a1d Receiver, Olympia, VT
txsTiKMKs: | have considered the case
OF Donald Mchae and James s. Book
vs.; the Northern Pacific T. X. Co, in
Voisihg southeast quarter of south vest
quarter OF section 8, township 20 north.
range east, Willamette meridian, on
appea! from your action rejecting their
applications to enter and locate said
land.
fsur report shows that on March 2lst.
1854, at y o'clock a. m, Donald McRse
presented bis application in doe form
to enter said tract under the Homestead
Act. rendering the fees therefor.
You rejected said spplicatiea be
cause the land was Withdrawn July 18Th.
1873. for the benefit of said company
under the grant Of July I'd, 1854
amended tbraDch line act Of NAV 3Ist,
1870 (l6 Stat, 37S).
On April ID, 1884, at 9 o'clock a. M.
James B. Book presented his applIca
tion, with tender Of fees, etc., te Iscate
Porterneid Scrip No. 4S, dated April
18th, 1869. duly assigned to him. on the
same land.
You rejeeted his application for the
reasons assigned In McRae's ease, and
also for conflict with the prior appli
cation.
The records Of this Office show that
Peter W. Mason made homestead entry
No: III Of said tract May 18th, 1858,
aad that the same vas cancsled NAV
9Th. 1871.
Also that said tract Was embraced
within the limits OF a withdrawal or
dered August 18th, 1870. on the fling Of
a map OF general route Of the line of
road from the Columbia river to Puget
Sound. A map was filed December sth,
1874. as map Of the definite location
Of this portion Of the road. -.
Ii Is aiso within the limits Of a With.
drawai on general route for the amend
ed branch iine of said road. notics of
which was received at your Office JaIy
l9th, 1879. Ii 10 not necessary to CON
slider the withdrawal isst mentioned
farther than to state that upon defiuite
location Of said branch line the trsot
fell outside Of the limits of the grant.
The land was, therefore, subject TO ap.
preparation 30 far as the company's
claim thereto nader tho amended branch
line Ia oonoerHed.
The sot Of July 2, 1854 us Stat. 1851
snthorlzed the construction Of rail
road and lsgrsph line from point on
Lake Superior, Ia the State of Mime
sota or Wisconsin. to ssme point on Pu-
get Sound. and granted, nader specified
conditions, certain alternate sections Of
the public domain in aid thereof.
The act also Authorized said company
to construct branch via the valley Of
the Columbia River to q point at or
sear Portland in the State of OREGON
By the joint resolution OF April 10, 1863
ti6 Star. 81, said company was "au.
thor zad to extend its branch line from
point at or near Portland, Oregon, TO
some suitable point on Puget Sound to
be determined BY said Company, aud
Also to connect the same With its main
line west Of the CAso sds Mountains, In
the Territory Of Washington, provided
that said company shall not be entitled
to any subsidy in money, bonds or addi
tionAi lands of the United States, in re
speot to said extension of Its branch
line aforesaid, except sush lands as
may b included ia the right of way on
the line Of such extension as Il may
locate"
On MAY 81, 1870 (l6 Stat. 37s) C.n
gress passed another joint resolution,
which. amongst other things, contained
the folio wing:
Aud also to locate and construct,
under the provisions and with the priv
ileRes, grants aud duties provided for In
Its act OF Incorporation. its main road
- some point on Puget Sound iu the
valley of the Columbia River. with the
right to locate and construct its branch
from some convenient point on It's main
branch line across tho Cascade Mount-
aims to Puget Sound" This constitutes
all the legislation on the subject. The
decision IN this case, 80 far as the com
pany 10 concerned, depends upos
whether IL has grant Of lands for the
line Of road from point At or near
Portland, Oregon. To Puget sound.
No such grant was made in the origi.
nal act of incorporation OF July 2, 1854.
for the western terminal points therein
mentioned were fixed at or near Port
lsod, Oregon, aad at some point on
Puget Sound, the branch leaving the
main trunk line at point not more
than 800 miles from its western tefmi
nal. No road Was author.ss TO be con-
structed by the act of 1854, from Q
point ct or near Portland ts some point
on Paget Sound. and no grant Of lands
was made between those points. The
frst authority to build from q point at
or near Portland, Oregon, to q point on
Paset Sound, vas by joint resolution of
April 10, 1863. bus ne grant OF lands
vas made thereby. On the contrary. il
was expressly provided that no money,
bonds or additional lsnds Of the United
sheald be donated, exoeps the
right Of way.
TIE joint resolation Of May 81, 1870,
gave the company the right to locate
and c,astruct its main road TO some
point on Pagss Sound via the valley Of
the Columbia River. and b oonstruot
its branch across the Cascade noun
sains TO some point on Puget Sound.
THIS sot changed the designation Of
the line via the valley Of the Columbia
River from branch " 10 main line"
and the designation Of the limo across
the Cascade mountains from main
brancn line 10 branch"
Az the date Of the passaee OF the
Joint resolution, the time Axed by lac
for oommenciae the construction OF the
Northern Pacific Railroad. viz July 4.
1870, had nearly expired, and the work
had not been commenced The failure
Of the grant Vas imminent. Tho eject
Of the joint resolution apon this point
was 30 extend she period OF somUens-
ing the work. and thus 10 save the
grant from eItinguisb uent
There 10 nothing to indicate an inten-
ton 10 make any further grant OF any
grant not comvrehended and included
in the got OF Incorporation. On the
contrary. among the other Limitations
of the Joint resolasien the rieht 20 10
cate and conssroct the road accordino
TO the changed designation Of "msin'
and "branch" lines vas aivsn 70 the
company expressly under the peovt-
sions and With The privileges. srants
aud duties provided Tor in its cot Of
incorporation !" no other, greater OF
different, bat exactly the same "prfvt-
leces, grants and anties' - therein pro
vfded. Subsequent clauses Of the Joint
resolution restricted some Of thess priv
ilaers and attached certain limitations
boa no subeeqasnt clause enlarged ths
orisiual srants. These vers for road
fx.,, .ha Rnpefiof 10 taome point o0