The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1892-04-16
The Minority Report.

| The Minority Report.
The following is copy of the minority
report of the public lands committee of
the house of representatives on the Min
eral Railway bill:
The undersigned cannot agree with
the majority of the committee on the
public lands, who report favorably
substitute for H. r. 1915, and submit to
the house the grounds of their dissent.
To open the way for railroads to pene-
trate the mining camp at and around
Cooke City, Mont, three several pro-
jects have been brought to the atten-
ton of the committee.
One, proposed in a bill introduced by
the member from Montana, Mr.. Dixon,
and favored, we understand, by the
Cooke City miners, is to cut off cor
ner of the Yellowstone National Park,
thus opening, under the public land
laws, way for any person or corpor-
alton to build railroad. This would
lessen the Park in size, but the great
body Of it, with it's curiosities and tim
Der, would remain intact, within a nat
ional reservation, free from invasion by
any railroad corporation.
Another plan is to provide, by suitable
enactment, that a strip of sufficient
width shall be made as public land for
railroad building. Thus strip on the
line of the proposed railway would re-
main in the Park (whose boundaries
would not be changed) and yet would be
open for the building of railroads
one merely, but any number-as if no
Park reservation existed.
In the adoption of either of these
schemes, no company or person would
be given any advantage; no favoritism
would be shown; no monopoly would
be created by legislation.
The substitute reported by the ma
jority solves the problem in another
way. What is called the Montana Min
eral Railway company is granted right
OF way along the only practicable route
through the gorges Of the mountains
and across the Park to Cooke City. The
few individuals who say they are cor
poratior, by that name, but whose arti-
cles of incorporation have not been ex-
hibited SO far as we know, are, if the
congress agrees with the majority of the
majority of the committee, to begranted
this franchise as gratuity, to the ex-
clusion of all others. The represent
atives OF this company are opposed to
any legislation which will open this
route for others as we'll as themselves
they hope to obtain special and ex-
elusive privilege, and the substitute re-
port from the committee, as we'll as the
bill for which it is a substitute, meets
the full measure of their expectations.
No fault is found with these gentle
men. They very frankly ask for what
they wish to secure, and they are more
free, we think, to ask than congress is
to grant special franchise.
If special and exclusive franchise is
not valuable, why do these gentlemen
desire it; why should it 60 to them as a
gratuity?
Section of the substitute is as fol-
lows:
That congress may at any time amend add to,
alter or repeal this act, and the right of way
herein and hereby granted shall not be assigned
or transferred in any form whatever prior to the
construction and completion OF said road, except
or secured thereon to aid in the construction
thereof.
The seeming restraint of alienation is
in the nature of an apology for the legis-
lation proposed; but with freedom in
the disposition of stock and in the max
ing Of mortgages and the creation of
liens, the Montana Mineral railway peo-
pie will not be seriously hampered.
1t is said that this company, which
exists only to get and use this franchise,
can raise the funds to build the road
there is no pretense that the funds are
raised, even to the extext of the pay
ment of fair per cent. of the capital
stock, whatever that is.
An unique provision of the substitute
is section 5, which, we think, will bear
quotation:
and complete it's railway within two years from
the passage of this act; and if it should fall all
the rights and privileges herein granted shall be
forfeited, and 1t shall not be necessary in such
case for forfeiture to be declared by judicial
process or legislative enactment.
At the end of two years 'if it (the
shall fall" this machinery of
the bill, the majority of the committee
seem to believe, will have moved with
clocklike precision to the point where
some hidden spring will cause the heavy
forfeiture ak to fall upon the neck of
the franchise of this chosen company;
and all the life of the act and Of the
franchise will 60 out together without
my unnecessary effusion of blood.
Congress will have nothing to do; the
courts will have nothing to do. The
delicate mecanism Of the bill, with it's
ak and block and unerring Indicator,
possessing the magic power to determ-
inc, without inquiry or investigation, or
70 much as the pressing of button by
, stranger hand, whether the gift fran
,hise of the Montana Mineral Railway
company is vigorous on the banks of the
Yellowstone or prone upon the block,
will do everything needful.
Yet We believe that If the substitute
becomes the law this beneficiary com.
oany will not only control the mountain
passes OF the Cooke City route for two
years, but will not unlikely engage the
OF future committees and con-
yresses with projects to amend, add to,
'r alter the law, as it is provided in
yreat caution by section that congress
nay do.
Meanwhile we shall have created a
shall have forgotten the true
oolicy of equal rights to all, special
privileges to none;" the Cooke City min
ng region will have no prospect for
J railroad except through this one COM
,any, and no prospect whatever for more
han one road, however great the in
lucements to build others may be.
We believe special legislation should
lever be resorted to where general laws
viii better accomplish the end in view.
md submit that in our Judgment the
measure reported by the ma
ority ought not to receive the approval
4 the house. d. A. De ARMoND.
JNo. j. SEERLEY.
]. A. PICKLER~