Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1886-06-19
THE yM0RFE|TEO LANDS.
The Senate Passes the Bill to Take Them
Back From the Northern
Pacific.
Only One Friend Of the Company In tn,
Body.--H0w the House Amused
Itself.
other Deings at the Capital-.- Meeting
of the Cabinet.--T The Fishery and
Other Questions Considered.

WAsHi,,GToN, June 15-The Senate re-
sumed the consideration OF the Northern
Pacific Forfeiture bill. Mr.. George making
d legal argument citing Supreme Court de-
c;sians sustaining the view that the land
should be foreited.--~-~~--77N -
After some routine BUSINESS Mr.. Beck re-
marked ssslat owing tn the submission yes
terday II the Edmunds resolution which
would admit OF debate on a motion to re-
consider. he (Mr. B ,ck) would await the
report of the Committee on Rules as to
that RESOLUTION before calling up the Haw-
ley motion to reconsider the vote, by which
the Senate passed the bill to prohibit netn
!ers Of Congress from being attorneys OF
railroad companies.
On motion Of Mr.. Dolph, the Northern
Pacific forfeiture bill was taken up, and
Mr.. GeDrpe resumed his remarks on the
bill He entered on an elaborate argument
to show that the company was not entitled
to any lands not earned, strictly within
the terms OF the grant
He aIgned that the lands admitted at
first belonged tn the people OF the United
States Stbat they we're granted to the rail
road company on certain conditions pre-
scribefl il the granting act; that as to Il
very large quantity OF the land the condi-
tiols lad no: been complied with in the time
rrescrihed that the action Of the officers
OF the g ,yernnent i'll accepting sections OF
the ros.d after the time prescribed by the
act sas not III accordance with the law i;
that their action was therefore void; that
the failure OF the Cover nment officers to
.,ischaEge their duties according to
law Gould be no estopel, either
legal Or equitable, upon the Govern
nle1,t, and that Congress could not now
forfeit all unearned lands, was as
much as to say Congress was not dealing
with its own propt rty but with the prop
erty oI the people Of the United States.
AS tothe argument in favor OF the equi-
table estoppel, Mr.. George maintained it
to be Equivalent to saying that whenever
il raiifoad company could corrupt govern.
me;,t officers in order to induce them to
fail In the performance OF their
duty then such corrupt fail
people OF the United States. This would
be a nionstrous doctrine. He analyzed at
length the decision OF the United States
Sunreme Court to support the various
pcii t. in bis argument. Mr.. George finally
contendt d that under the granting act the
power Of Congress was ample and Its duty
pIan to take possession Of the Northern
Pacific Rai:road and either sell it, or do
with it as Congress might otherwise see tit,
in order to Complete the line Of the roae!
for the building OF whicl. the land was
originally granted.
Mr.. Mitchell, of Oregon, characterized Mr..
tieorse's speech as the most extraordinary
.ie eyer had heard in the Senate. 1t had
never before been claimed that those lands
hadsbaen granted ON a condition precedent.
.,,, had tnfr
the conditions as conditions subsequent
The amendment of,~.Mr. Van Wyck was
hen brought to vote. The amendment
declares forfeited the lands coterminus with
the cof tions OF the Cascade branch not
completed ut the date OF the pass
age OF the pending bill. The amend
ment was agreed to-yeas "a, nays lS,
Uf the affirmative vote nine were Kepnb'
licans. being, Allrich, Chase. Cullom, Har
rison. Logan, Spooner, Teller, Van Wyck
and Wilson, of Iowa. OF the negative vote
.hree were Democrats, namely: Messrs
Brown, Payne and Pugh. Otherwise than
is j,st noted the affirmative votes were
Democratic and the negative votes kepub'
l;can. Quite number OF pairs were an
uouncea. Mr.. Eu,tis t:en formally sub
,nitted bis amendment slready suggested
being provision in tie nature: Of q substl
tate iorfeiting all lands coter!niaus witt
such nortit.ns Gi the road as wert
not completed Oh the fourth Of July, 1879
excepting right OF way and excepting lands
included in village town or city cites. Tht
amendment provides for the contirma tio1
OF titles OF actual settlers. Mr.. Beck op
posed the amendment and Mr.. Eustis sup
ported it. Mr.i;Vance criticized the lane
rr.: ut policy Uf the Government AZ hasin:
been wasteui and extravtsant.
Mr.. Teller blended the course OF the Re
| publican party as to purity and patriot
| lam in it's motive aud conduct in relation
| to public lands, aud said at the time tti'
| grants were made the Senator rom Norti
| Carolina a.d his friends were Ia ARM
against the Government.
Mr.. Logan said it did not comew with gooc
grace from the g-ntlema n for political capita
| to come here and denounce those who hat
charg. OF the Government at the time tn
land grants were made. Mr.. Logan wa
moi ouprsed to the rights Of any OF tn
neople, bat lie WAS in favor OF honesty to
| ward all people. He would treat corpo
| ration lust as he woula treat an ind
| yidual. II he made a contract with al
| individual and that person complies
| with the contract, he I4cgan) would
| hound bv it. He was willing to vot
for the forfeiture Of every land grant wher
the right ii forfeit existed, and where tn
company had not built it's road. Mr. &c
muuds opposed the amendment. III
| Eustis amendment was leiected-yees l.
nays, 80.
Mr.. Van Wyck offered an amendmen
repeeling the clause cf the granting &C
which ma :e the right OF way exempt frol
taxation in the Territories. The ament
ment was agreed to-yeas, 26; nays, 70.
Mr.. Blair offered an amendment provi.
ing that the land grant roads that had nc
complied! within the time limited by tt
grant ant! which had since proceeded
good faith md with reasonable diligence
complete it, should now be allowed II,
wears to complete its road, br
recurring that the lands shou
lie disposed OF to private Individual
owners inside OF ten years from the pa
sage OF this act, in tracts not exceedlt
800 acres to any one person and at prIt
not more than $3.50 per acre; all lant
not so disposed OF within that term to
forfeited.
Mr. Blair spoke i'll support OF his amen'
nent. On motion @! Mr.. Mitchell
Oregon, the bill being brought t" vo
was ga ssed d--yeas, AZ; nays, l, Mr.. Blai
On motion OF Mr. Dolph the bill repeali,
tha Pre-emntion, Timber Culture and DE
ert Land acts was then laid before Il
Senate, and is the unfinished business Il
i. tomorrow. The Senate then adjourned.
, Mr.. Frederick, of Iowa, from the Coz
mittee on Invalid Pensions, reported ba
. | wiki, amendments the Senate bill. for Il