Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1886-03-10
DAILY P0ST-INTELLIGEhcER
rAxATIes OF RAILROAD LANDS.


the consideration Of such Measures a.
the Pnziohn Porter aud arrears Of pen
sions bills, long eEoogh 10 pssz oiil "
which the people Of large section Of
the country are deeply Interested, sRa
the passage Of wbieh they ardsniiT DC
sired. This IL the bill compelling The
Pacific railroads TO which grants Of
land have been made 20 pay the cost Of
surveying their lands and to have them
patented At once, under penalty Of los
ing all lands NOT patented within eer'
tain time.
The people Of the West have long
understood the monstroas injustice Of
the method Of dealing With their lanG
grants .hich the Pacific railroads have
sdop,sd. Under the ls~ ss 1t stands Dc
granted lands can be patented TO the
companies aRiil they pay the costs OF
survey. This lA1, when Is was passed
vas supposed 10 be for the prot'c'ion
of tie Govern nent, bot the railroad
companies have found that u serve.
their interests admirably. and have
usss IL in q manner not At all TO the
liking Of the people Of the states which
their lines traverse. BY refusing TO pay
for the surveys they have allowed their
lands to remain aBpatented and &c
cordiugly unta1e1 30 long as Il served
their interests 20 do so. Thus 1t hap
pened in many places that large tracts
OF land, which had aotaally passed oct
of the hands of the railroad companies
and were under cultivation, remained
untsxable, as the title 70 them vas still
vested in the Government. Lands still
held by the companies invariably re-
NAMED unpatented year after year
until such time az IL was TO the interest
Of the companies TO pay the cost OF
survey and receive title. In this man
ner Q double burden Of taxation has
BEEN thrown upon the people OF the
counties in which railroad lands are
located, and the corporations have been
able 10 escape paying taxes to an
amount commensurate With the extent
OF their vast landed interests.
The matter was brought prominently
before the people and before Congress
some weeks ago By the decision In what
10 known az the "Traill county ease. ="
This was q suit brought by the Treas
urer Of Trail county. Dakota. against
the Northern Pacific railroad for the
purpose Of conpelling ths company to
pay taxes assessed against lands which
remained unpatented. In the decision
Il was held that where railroad con-
pany had not paid the costs Of survey
ON it's lands, those lands, though dis
posed of and passing into the hands Of
individuals by purchase or otherwise,
are not subject 10 local taxation. While
the costs of survey remain unpaid the
title 10 the lands inheres in ths Govern
msnt, and the lands accordingly are not
TAXABLE by Territorial or local powers.
One has only TO know the nature OF
this decision 10 realize the injustice OF
the present law. But this injustice Is
even more apparent when Il is kaowu
shat a very large part Of the settled por
ton Of Dakota and other States and
Territories along the lines OF the Pacific
roads IL held on precisely the same con
ditions as the land Involved in the case
In which the decision vas rendered. II
follows. therefore, that taxes previously
collected on such lAads we're Illegal and
can be recovered by those Who have paid
them. Ia the future, also, the farmer
whose land was acquired from the Gov
eminent or purchased OF = railroad after
having been properly patented mast
pay q double tax upon IL, while his
nsiRhbor who osltivates unpatented
land enjoys q glorious immunity from
taxation. Even che House Of Repre-
sentatives could not ALLOW 50 monstroos
. Law 10 remain undistarbed, and the
members have accordingly dropped the
study OF abstract state smanship long
enoaeh 10 psss the bill designed to
REMEDY the defect.
In the senate the bill will come in
conflict With bill introduced by Sens.
tor Hsvley. which has IN view the same
purpose. bat IL rather more favorable to
the railroad companies than the House
bill. II provides that any lien Of the
United States upen railroad gran. lands
existine By reason OF the non paysent
OF costa due for survey, selection or sor-
veyiue, shall be rclinquisaed and quit
claimed, aud valida,es all 40 easements
and tar ievies which would have been
binding except for the Government
lien. All lands exempted under the
Trail County decision are declared
subject 10 taxation, the amounts due
the United States remaining only a. q
Arss charge upon them. to be paid be-
fore patent can be secured. II Ia fur
thsr crowded that an actiou shall be on
behalf Of the United States for the col
lection Of Surveying aud selection fees.
and the Attorney General 10 Instructed
20 bring suit accordingly.
While shey are identical in many Of
their main features. the difference be
tween the Senate and the House bills
can readily be seen. The serner com
pels the companies 20 paw the charges
against their lands by directing that
suits be sreasht In the courts. The lat
ter takes The simpler and more effective
method Of compelling the companies TO
Bay by declaring forfeited all surveyed
lands upon which the fees are not paid
within . certain time. The Honss bin
10 altogether preferable, aud il is sin
esreiy 10 be hoped that the Seasie also
will foseeo politics and ssatesmauship
ons enoagh TO pass this one measure IN
. he interest Of the people.
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wall street asasstieas
NEW YoRx. March 3 c. ;, Sc. ioos.