The examiner. (Hartford, Conn.) 1881-188?, 1886-08-28
THE FORFEITED LAND GRANTS.
nnia Il Post In Thn Nn,u nnN Stnr-l

In round numbers 80, 900, 900 acres of
public land have been forfeited by land
grant railroads under the most liberal con-
struction of the grants. That is to say, if
the corporations were credited with every
mile of road constructed, and allowed a
proportionate quantity of land, there would
still be 90, 900, 900 acres unearned. But if
the forfeitures were strictly enforced, the
quantity of forfeited land would be III 1878,
S54 acres.
The corporations were granted these
lands on condition of completing their res
pective roads within a given period. They
did not comply with the condition. The
entire grant in each case, therefore, was
subject to forfeiture. But, it has been
said, while it would be legal to enforce the
forfeiture, it would not be liberal or equit-
able; and it has been proposed, as an equit-
able and liberal policy, to forfeit only SO
much of the granted lands as have not been
earned by construction 1t is easy to see
the hberality of such policy, but not its
equity. If the corporations have not per-
formed the condition of their grants, and a
forfeiture has resulted, the forfeiture is
eqaitably, as well as legally, as extensive
the grant. 1t might be equitable to buy
the roads at fair valuation, or to reim-
burse the builders for their outlay; but it
would not be equitable to protect them
natural heritage of future generations. We
have but to compute the immense sums
that the people of New York pay annually
in ground rents to a small class of landlords,
or to contemplate the vast aggregate of
vacant land on this crowded" island, to
appreciate the advantage it would have
been to us had our ancestors stood firmly,
by the self-evident truth that the land be-
longs in usufruct to the living, and had Sc
fhnrr
equal right to it's use. Nevertheless, even
as they confiscated our rights before we
were born, so we have confscated the
rights of our unborn descendants, but now
that our eyes are somewhat opened to the
equity of it, and an opportunity occurs to
legrlly reclaim for posterity our impious
gifts, shall we insult Equity by proposing
in her name to confirm them If forfeit
ures have occurred there are forfeitures of
the grants, and there are no equitable con-
siderations which can be invoked in behalf
of the spectators to modify the alleged
harshness of the legal result
The legal question of whether forfeitures
had accured was considered by the Judic-
iary Committee of the House of Represen-
tatives in the matter of the Northern
Pacific land grants. One provision of the
grants made them conditional upon the
commencement of construction within two
years, the completion of fifty miles per
year, and the construction and equipment
of the entire road by July 4, 1876. The
date of completion was afterwards exten-
ded to July1,, 1870. The committee was
unanimously of opinion that this provision
was a condition subsequent, and under ia
miliar rules of law enabled the grantor to
determine the grant on the happening of
either of the three contingencies.
As the road was not completed according
- 4 i
the right to decide the forfeiture, and this
would have been the unanimous opinion of
tile Committee, but for another provision of
the grant. This was nothing more than an
additional condition; but the ma joIity of
the committee held that it was substitute
for the former condition. 1t reads: THAT
the United States make the several con-
ditional grants herein, and that the said
Northern Pacific Company accept the same
lpon the further condition that if the said
company make any breach of condition
hereof, and allow the same to continue for
upward of one year, then in such case, at
any time thereafter, the United States by
its Congress may do any and all acts and
things which may be needful and necessary
to insure u speedy completion of the said
road"
In the opinion of the majority of the
Judiciary Committee Congress, by adding
this condition, rellnqu1shed ana aosolutely
lost all rights to declare a forfeiture for
breach of the principal conditions. The
minority made an able and conclusive reply
to this manifest evasion of the letter and
spirit of the law, but the report of the ma
jority has so far prevailed.
1t is by this slender and brittle title that
over 100, 200, 900 acres of public land ian
area much greater than that of New York,
Pennsylvania, New Jersey, and Ohio COM
binedD are kept out of the public domain.
How long, Congress, how long