Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1888-06-30
COPP,s LAND REVIEW.

Pending Legislation in Congress
railroad + OrfeitWre Acts Proposed
Changes In the Presumption, Home
stead and Timber Laws.
The land matters now pending before
Congress in which the public is NEST inter.
ested, are those relating to contemplated
forfeitures Of railroad grants and the pro-
posed changes in the pre.emption, home.
stead and timber culture laws.
With respect to the former, both houses
desire TO take some kind Of action, but q
vide difference Of opinion as to the extent
Of forfeitures to be declared is entertained
by the members of the House Of Represent.
atives and Senate, and in fact BY the sew.
eral members Of the respective bodies.
The Senate proposes to forfeit only such
lands as lie opposite the lines Of railroads
not yet completed. permitting tine grantees
70 take all lands opposite and coternineus
with completed pertiens Of the roads.
whether the lines were constructed prior to
or after the expiration Of the periods pre-
seribed by the granting acs, for the com
pletisn OF the same.
In the House the proposition to forfeit en-.
tire all Railroad grants where the whole
lines were net constructed within the statu.
terry period, i, very popular.
This is an extrs me measure to which the
assent Of the Senate, ss now constituted,
will NOT be given, and one which, in the
opinion OF eminent lawyers, would not be
sustained by the courts, even if enacted as
a law. The reassn for this belief, is that 1t
would be an attempt to disturb vested
rights, and that the Government having
failed to declare a forfeiture of grants at
- II h. I'D hv Io
within which The lines should be completed,
cannot take advantage Of the laches of the
grantees after having secured the benehts
which it was expected would be derived
from the grants. In short. that the giants
and their acceptance, constitute contracts,
binding alike upon both parties-the gran
zee (centractorl and the Government (prs
prielor) by which the former undertook TO
perform certain things within specihed
time fer consideration named. That The
grantee, having failed to perform his part
within the time, have declared forfeiture
and refused TO pay the consd ration.
That the Government having failed to
lake advantage OF the forfeiture clause in
the grant at the time the lachcs occurred
and having permitted the grantee 10 cen
struct the line out OF time, and having &C
cepted the same, has csndsned the fault or
lsches Of The graatee and is estopped from
claiming rever,ion Of the lands by virtue
Of the forfeiture clause IN the grant.
Important changes in the pre- emption
homestead and timber culture laws are cen
'empIated by what is known as the Holman
Bill, now pending before the House. In
fact. it contains provisions which, il enact
ed into law, will change. more or less. all
EXISTING laws relating to the disposal o.
public lands. 1t rpeals the -empton
and timber culture laws and permits the
disposal Of agricultural lands only under
The homestead law, in which law numerous
changes are proposed. |: provides for the
Of the public lands into classes
% be designated as agricultural, timber,
mineral, desert and reserved lands, and pre-
'cribes methods Of procedure 10 procure
title to each Of the cla,ses.
The discussion Of the Mills Tariff Bill
Ind the confederation Of the appropriation,
Tor the ensuing fiscal year will occupy the
-emainder Of the present session OF Coz.
yre>s, and learn from The prominent mem
bers Of both houses that a Railroad forfeit
ure bill and the Holman Ball cannot pass
both houses before next Winter. People in.
terested in the pre- emption AID timbrr'cul
lure laws may rely on this information.