Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1888-06-28
corps LAND REVIEW.

Pending Legislation In Congressional.
road Forfeiture Acts - Proposed
Change In the Presumption, Home.
stead and Timber.culture Laws.
The land matters now pending be-
fore Congress in which the public is
most interested, are those relating to
contemplated forfeitures of railroad
grants and the proposed changes in the
presumption, homestead and timber
culture laws.
With respect to the former, both
houses desire to take some kind of ac-
ton, but wide difference of opinion
as to the extent of forfeitures to be
declared is entertained by the men,
bers of the House Of Representatives
and Senate, and in fact by tho several
members of the 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 op-
posite and coterminous with COM
pleted portions of the roads, whether
the lines were constructed prior to or
after the expiration of the periods
prescribed by the granting acts, for
the completion of the same.
In the House the proposition to for
felt entire all railroad grants where
the whole lines were net constructed
within the statutory period, is
very popular.
| This is 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 if enacted as law. Tie
reason for this belief, is that it would
be all attempt to disturb Y. sted rights,
and that the Government having fail
ed 10 declare forfeiture of grants ut
the expiration which the lines should
be completed, cannot take advantage
Of the laches Of the grantees after
having secured the benefits which it
was expected would be derived from
the grants. In short, that the grants
and their acceptance, constitute con-
tracts, binding alike upon both parties
the grantee (contractor( aud the
Government (proprietor) by which
the former undertook to perform
certain things within specified time
for consideration named. That the
grantee, having failed to perform his
part within the time, risked forfeit
ture of his grant and the Government
might, at the time, have declared a
forfeiture and refused to pay the con-
sidcration.
That the Government having
failed TO take advantage of the for
fixture clause in the grant at the time
the laches occurred and having per
mitted the grantee to construct the
line out Of time, and having accepted
the same, has condoned the fault OF
laches OF the grantee aud is estoppee
from claiming reversion of the lands
7 by virtue of the forfeiture clause i,
the grant.
Important changes in the pre-emp
!. ton, homestead and timber-cultur'
i. laws are contemplated by what i
L. known as the Holman Bill, now pend
ing before the House. In fact, i
a. contains provisions which, if enacted
D. into law, will change, more or less
all existing laws relating to the dis
a. posal Of public lands. 1t repeats tn
L. pre-emp,ion and timber culture law
H. and permits the disposal OF agricul
n ,ural lands only under the homestca
n. law, in which law numerous change
are proposed. 1t provides for tn
classification of the public lands int
- classes to be designated as agricu
tural, timber, mineral, desert and re
: served lands, and presc1ibes method
70 of procedure to procure title to eac
r of the classes.
< The discussion of the Mills Tari
Bill and the consideration of the az
preparations for the ensuing isc
wear will occupy the remainder OF II
y present session of Congress, and
- learn FROM the prominent members 4
NJ both houses that railroad forseitu'
Ia bill a, d the Holman bill cannot pa
h. both houses before next white
~ People interested in the pre-emp'ie
" and timber culture law may rely {
this information.
HENRY N. Corr.