National Republican., 1886-04-10
As TO Land Grants.

1t is unquestionably the duty Of Con-
gress to declare the forfeiture Of uuearned
land grants and restore the lands embraced
therein to the public domain. Many mil
lions of acres have been granted to corpo-
ratlons on conditions which have not been
complied with in any sense. In some cases
there may have been no intent to
earn the lands; in others there has GER
tainly been no serious and honest effort to
do those things in consideration Of which
the grants were made. Equity demands
that lands held by such tenure should be
restored to the government and to settle
ment. There can be no serious argument
in favor Of holding one party to the terms
Of a contract that has been ignored entirely
by the other side.
But corporations are not outlaws. They
have rights that Congress is bound to re-
spect. However popular 1t may be to de-
clare war on them; however much 1t may
help demagogue in his race for reelection
to Congress to he known as an enemy OF
corporations, 1t is a fact that the govern
ment is bound to deal rs Justly with rail-
road corporations as with private indi-
viduals.
We do not suppose that the demagogue
will admit-he is incapable OF understand
ing-that sovereign cannot afford to do
wrong. II corporation, firm, or individ-
ual invades the rights of another, the
aggrleved party has his remedy under the
laws. He can sue and bring into court the
aggrieving party, and have the case tried
before n jury. But government cannot
be sued without its consent Its power is
supreme. To use such power in opposi-
tion to justice is what no civilized govern.
ment-least Of all a republican govern
ment-can afford to do. Sovereignty car.
ries the strongest possible obligation to bC
just. Vestal chastity is not more sacred
than the honor Of a sovereign ought to be
As husband and father guards the homo
of his house and home, so Congress should
defend the honor Of government.
II A contracts to build house for d, Il
have 1t completed in six months, and to re
ceive on completion Of the work $4,000
and If, by reason Of unforeseen difficulties
A cannot get the work done until egh
months from date Of contract, and II
quietly permits A to go on with the worl
till 1t is finished, can he then say to A /"
will pay you nothing for what you hav
done because the contract calls for compile
tion in six months and you have take
eight monthsY"
Certainlynot. Under such circumstance
A would be entitled to pay for his work
b consented to an extension Of time b
acitly permitting the work to go forward
If Congress granted lands to a corporatio
on condition that certain extent OF raj
way should be constructed in given time
and II the corporation did not fulfill tina
condition, but occupied more months o
years than were named In the act; and
Congress quietly permitted the work to G
on to completion without giving hint c
resembling the grant, has not the corport
ton the same right to claim and hold th
lands as A has to receive the $40, 300 fo
building BIS houseP
Again, suppose A gets the house nearl
finished and then fails, has he not
claim in equity for the value OF the wor
and material expended
On the same principle, has not railroa
corporation right to part Of the land
named in a grant, even II but part OF tn
road was completed on timer
1t seems to us that the principles {
equity should be applied to all the Ian
grant cases; that Congress should find OF
what justice demands and try TO do 1
This will be found, in the end, a niue
better policy than the arbitrary use OF al
solute power. While no corporation shoul
be permitted to wrong the people, an
while all should be compelled to keep fait
with the government, Congress should beG
in mind that It cannot afford TO violate th
dictates OF justice.