Daily Yellowstone journal. [volume] (Miles City, Mont.) 1882-1893, 1888-07-12

Pending Legislation in Congress-Railroad
Forfeiture Acts-Proposed Changes In the
Presumption, Homestead and Timber
Culture Laws.
The land matters now pending be-
frore congress in which the public Is
most interesting, are those relating to
contemplated forfeitures Of railroad
grants and the proposed changes III
the pre-emption, homestead and tim
ber-culture laws.
With respect to the former, both
houses desire to take some kind Of ac-
ton, but wide difference Of opinion
ss to the extent of forfeitures to be
declared Is entertained by the mem.
bers Of the house Of representative
and senate, aud in fact by the several
members of their respective bodies.
The senate proposes to forfeit only
such lands as lie opposite the lines of
railroads not yet completed, permit
ting the grantees TO take all lands OPP
posite and eoterminous with complet-
ed portions Of the roads, whether the
lines were constructed prior to or
after the expiration Of the periods pre-.
scribed by the granting acts, for the
completion Of the same.
In the house the proposition to for
felt en'ire all railroad grants where
the whole lines were not constructed
within the sanitary period, Is very
popular.
This il an extreme measure to which
the assent of the senate, as now con.
stituted, will not be given, and one
which, in the opinion OF eminent law.
yers, would not be sustained by the
courts, even IL enacted a law. The res-
son for this belief, ia that it would be an
attempt to disturb vested rights. and
that the government having failed to
declare forfeiture of grauts at the
expiration of the period fixed by law,
within which the lines should be COM
pleted, cannot take advantage OF the
laches OF the grantees after having
secured the benefits which il was ex-
pected would be derived from the
grants. In short. that the grants aud
their acceptance, constitute contracts,
binding alike upon both parties-the
grantee (contractor) and the govern
ment (proprietor) by which the former
undertook to perform certain things
within specified time for u consider
alton named. That the grantee, hsv-
ing failed to perform his part within
the time, risked forfeiture of his
gIrut and the government might, al
the time, have declared q forfeiture
and refused 10 pay the consideration
That the government having failed
to take advantage Of the forfeiture
clause in the grant ut the time thu
lsches occurred and having permitted
the grantee to construct the line out o
time. and having accepted the same
has condoned the fault or laches OF tn,
grantee and estopped from claiming
revision of the lands by virtue Of thu
forfeiture claim in the grant.
Important changes In the pre.emp,
tion, homestead aud timber-cultel
laws are contemplated by what II
known as the Holman bill, now pend
ing before the house. In fact, IL con
tains provisions which, If enacted int
law, will change, more OF less, all ex
isting laws relating to the disposal o
public lands. 1t appeals the pre-emp
ton and timber culture laws and per
mits the disposal Of agricultural land
only under the homestead law, IL
which law numerous changes are pro
posed. II provides for the classified
tion Of the public lands into classes Il
be designated as agricultural, timber
mineral, desert and reserved lands
and prescribes methods of proeedur
to procure title 10 each OF the classes.
The discussion Of the Mills tariff bill
and the consideration of the approprit
tons for the ensuing fiscal year Wi
occupy tile remainder of th' presen
session of congress, and learn fror
the prominent members OF both house
that railroad forfeiture bill and th
Holman bill cannot pass both hous,
before next winter. People intereste
in the pre-emptIon and timber-cul.ul
laws may rely on this Information.
HENRY y, Corr.