, 1886-02-04

,ra''r land purchased from tin
Northern Pacific railroad company.
las, week inquired Of Mr., William +.
Prichard how the recent decision If
General Land Commissioner Sparks
would affect 7Ir. Elliot 50 far as his
property i concerned. Mr.. Prichard
referred Mr.. Ell cts inquiry TO Gen
oral Land Agent Scluiza. at Port
la Il. who returned the subjoined re
-P0use:
PORTLAND. Or. Jan. 23, 1886.
Q. Z. Elliot, Esq. iG2 Ninth street.
OaLIund, Cal
DEAR SIR.-AIr. V. 2. Prichard
advises me that yourself and friends
are uneasy as regards the Northern
Paciii" railroad company's title to
certain lands in township 10 north.
range l east. on account OF recent
decision OF the commissioner of the
general land Office in the ease Of
Donald NcRae and james S. Book
vs.. Northern Pacific railroad com
pany, holding that the joint resolu-
non Of May 81. 1870. under which
tie Northern Pacific railroad com
pany claims the lands in question,
did not embrace = grant OF land to
said company. [ am also advised
| that You desire an expression Of my
| opinion as TO the effect Of the de
eision upon the company's rights and
the policy Ii viii pursue.
1t i hardly necessary for me TO
say that Commissioner Sparks is a
, -,,.,,, OIL fill r .,,,,,,,,i-n.,
He has succeeded, by means of his
extraordinary decisions and notions,
! in drawing on him the attention of
the entire public press Of this country
and especially Of the people Of all tEe
states and territories i'll which there
are any public lands or land affected
| by grants TO states or railroad com
panies. The success of Mr.. Sparks
in this direction has been greater
.han that OF any man in this nation
since its birth. In the art OF advar-
tising himself and what he considers
his own greatness, Mr.. Sparks has
proven an adept. 1t remains to be
seen whether Mr.. Sparks name viii
go down to posterity as that of re
| former or that Of q man who mistook
his calling and proved failure. The
chances do not seem to be in favor OF
Mr.. Sparks, FOR his decisions and rul
ings are at variance with the decis-
/ ions Of the United States supreme
court and with all tho other courts in
the land; they are at variance with
the decisions of all former commits
siOnars of the general land Office and
secretaries Of the interior, and at
variance with the opinions Of the
attorneys general of the United States
during the last thirtytwo years,
They differ also from those of such
lawyers as Jeremiah Black, ex Sena.
tor Conkling, Senator Teller, Senator
Dolph, Senator Mitchell, Senator
Evarts, Senator Morgan and scores
of others of equal reputation.
1t would be very remarkable in
deed, II the Interpretation of the law
by Mr.. Sparks, whose legal fame is
only know through the congressional
directory, should prove correct, as
against the opinions OF the leading
lawyers of this country.
To come to the point at issue, per
NIT me TO quote the language of the
president of this company, in refer
ence TO AIr. Sparks decision used in a
recent communication TO the bond
holders and stock holders of this com
pany; There is no Foundation in
law or re9saE fo1 this decision; the
company viii at once appeal to the
secretary of the interior, and, if nee
essary, resort to the courts to main
tain its rights"
The joint resolution Of May 81,
1870, under which the Northern Paci
tic Railroad company claims the land
in question, is clear in its language.
1t contains words of grant; and gives
to the company a land grant for that
portion of its main line which ex-
tends from Portland, Oregon, to Ia,
coma, in Washington territory. Five
secretaries OF the interior, four com
missioners OF the general land office,
and several attorneys general have
given 1t this Interpretation, Numer-
Gus formal decisions have been made
by the department of'the interior to
this effect, Mr.. Sparks, to the con
trary, Notwithstanding and the pre-
sidents of the United States have ac.
cepted the railroad of the company
between Portland and Tacoma under
the provision Of the joint resolution
of May 81, 1870, and ordered patent
to issue for the lands apperta;ning
thereto. Moreover, the company has
received patent for a portion OF the
lands which appertain to, and are ad
jacent and co terminous with said
portion OF its main line
As stated before, this company will
defend its rights to tie utmost; first
before the executive branch of the
government, and, If it should fail
there, before the courts of law. It is
conscious of its rights and it has no
doubts as to the final outcome OF this
controversy SO suddenly raised by
&Ir. Sparks.
The company will demand OF par-
ties who hold contracts for the pur.
chase OF the lands involved in this
controversy, prompt compliance with
the terms Of such contract. e.
prompt payment of the installments
of pricipal and interest as they may
fall due. Should the final decision
be adverse TO the company, the money
paid by purchasers will be refunded
with legal interest.
Respectfully Yours,
PAUL SCHULTZg.