Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1888-07-06

LAWS.
The land matters now pending be-
fore Congress in which the public il
most interested, are those relating to
contemplated forfeitures of railroad
grants and the proposed changes in
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
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 the 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
opposite and coterminous with com.
pleted portions of the roads, whether
the lines were constructed prior to OF
after the expiration Of the periods
prescribed by the granting acts for
the completion of the same.
In the House the proposition to
forfeit entire all railroad grants where
the whole lines were not construct ted
within the statutory period, is very
popular.
This is an extreme measure to
which the assent of the Senate, as
now constituted, will not be given,
and one which, in the opinion of emf
nent lawyers, would not be sustained
by the courts, even if enacted as q
law. The reason for this belief is
that it would be an attempt to disturb
vested rights, and that the Govern
ment having failed to declare forfeit
ure OF grants at the expiration OF the
period fixed by law, within which the
lines should be completed, cannot
take advantage of the laches of the
grantees after having secured the
benefits which il was expected would
be derived from the grants. In short,
that the grants and their acceptance
constitute contracts, binding alike on
both parties-the grantee (contractor)
and the Government (proprietor) by
which the former undertook to per.
form certain things within a specified
time for consideration named.
That the grantee, having failed to
perform his part within the time
risked forfeiture Of his grant and
the Government might, at the time,
have declared forfeiture and refused
to pay the consideration.
That the Government having failed
to take advantage of the forfeiture
clause in the grant at the time the
laches occurred and having permitted
the grantee to construct the line ou1
of time, and having accepted thu
same, has condoned the fault or lache,
of the grantee and is estopped from
claiming a reversion OF the lands by
virtue of the forfeiture clause in tn,
grant.
Important changes in the pre-
emption, homestead and timber-cul
ture laws are contemplated by wha
| is known as the Holman Bill, nov
pending before the House. In fact, j
contains provisions which, if enactet
into law, will change, more or less, al
existing laws relating to the disposa
Of agricultural lands only under tn
homestead law, in which law numer
Gus changes are proposed. 1t pro
vides for the classification of the pub
lie lands into classes to be designated
as agricultural, timber, mineral, deser
and reserved lands, and prescribe
methods of procedure to procure It'll
to each of the classes.
The discussion of the Mills tari
Bill. and the consideration of the ar
preparations for the ensuing fiscs
year will occupy the remainder of tn
present session of Congress, and
learn from the prominent member
of both Houses that railroad forfei
ure bill and the Holman Bill cannl
pass both Houses before next winte
People interested in the pre-emptio
and timber-culture laws may rely o
this information. HENRY N. Corr.