St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-01-04
Attorney General Garland
Seeks Recompense for
Land Spoliation.
The Northern Pacific Railroad
Company Must Come Into
Court.
Trespassers Since 1859 Have
Been Committi ng Irrep-
arabic Damage.
Territorial Courts Impede In
stead of Facilitating
Progress.

Probably one of the most important
cases that has been filed in the United
States district court for many years was
recorded yesterday afternoon. The
United States of America has COM
menced an action against the North
ern Pacific Railroad company which
involves between five and six milliOr
dollars. 1t is charged that ever sinca
the road has been built, about 1869. il
has been trespassing upon governments
land along its line. denuding govern
ment timber lands and causing an IT.
remediable loss and damage to the gov
ernment and it's constituents.
The encroachments extend to
and upon lands and timber
Idaho, Washington Territory, Montana
over 100000 feet, worth 81 100000: in
Idaho 10000, 900 feet, worth 100000; in
Washington territory 20,0O0,OOO feet,
worth 100000; and in Minnesota
over 2O0,0OO.O00 feet, worth S3,O0O,OO0.
The discovery of the trespass was
first made in July, 1879. The
road, which was stumping the TIM
Der on the lands it owned under the
grant, which was every alternate sec.
tion, and which was not yet surveyed,
instead of combining itself to such
alternate section, cut continuously
along the line of its lands.
The government made numerous
requests that the road desist in its tres
passes and devastation of governments
timber. 1t was warned of the conse-
quences of its unlawful appropriations,
but refused to consider government
rio ht nd titIQ ond obcnlutalu rofucaI 70
quit the work which was to be such an
iirreparable damage to the government
and the country. The government
tried on numerous occas ions to
bring suit against the COM pany in
the territories wherein it had
been and was still operating, but the
lack of jurisdiction of territorial courts
was such as to impede any action. II.
has been practically impossible to OBJ.
tain evidence, for the COWBOYS,
agents or officers and settlers in those
regions will not testify for fear of ins
curing the enmity of the railroads.
The bill, under the title of a
''bill of discovery" was signed
by Attorney General Garland. The.
prosecutors for the government in this
court are the attorney general. Special
United States Attorney HObSOn and
of the District of Minnesota. The case
promises to be prominent one in the
history of great government cases, and
since relief could not be had
in the territorial courts the gov
ernment has necessarily suffered greatly
Now the case is brought in the United
States Circuit court for all the states and
territories affected by the operations of
the railroads. When these depredatiOnS
were going on to any great extent the
lands were not yet surveyed, and
a probable question may arise
as to the underlined bound
aries Of the particular sections
conveyed in the grants. The great i'm
portance of the case is not merely the
amount involved as pecuniary dam
age, but the utmost interest to the
states at large. in having so much Of
their timbered domain divested of that
for which it was chiefly valued.