The Mason County journal. [volume] (Shelton, W.T.) 1886-1927, 1894-01-05
The Indemnity Lands.

The following regarding the fact on
which the claims of the settlers to the
indemnity lands are based, is from the
settlers league column in the Aber-
deem Bulletin:
Many inquiries are made at this Of
flee, both personal and by letter, as to
the grounds on which we base our
claims to the lands claimed by the
n. p. r. r. Co.
We base our claims on the fact that
there never was grant of this land
made to the company. The first men
ton of this branch is in the 'J0lnt
resolution of April 10, 1869" In this
resolution the company is authorized
to extend its branch line from Port
land, Oregon, to Puget Sound" But
it implicitly states that it ( the n. T.
r. r. Co.. shall not receive "any sub
sidy in money, bonds or additional
lands of the United States. The rail
road company can certainly lay no
claim to lands on the strength OF this
resolution.
Resolution of May 81, 1876, doth
Stat. 37S) No. 81: ga resolution
authorizing the Northern Pacific rail
road company to issue its bonds Tor
the construction OF its road to secure
the same by mortgage, and for other
purposes. Contained in this is the
following: "And also to locate and
construct, under the provisions and
with the privileges, grants and duties
provided for in its acts of lncOrpora-
ton, its main road to some point on
Puget Sound via the valley OF the
Columbia river, with the right to To-
cate and construct it's branch from
some convenient point on is main
trunk line across the Cascade noun
tains to Puget Sound" "This con-
stitutes all the legislation on the sub
ject." The decision in the case, so
far as the company is concerned, de-
ponds upon whether it was grant OF
lands for the line of road from a point
at or near Portland to Puget Sound.
No such grant was made in the origl :
nal act of incorporation OF July 2,
1864, for the western terminal points
were mentioned, and fixed at or near
Portland and some point on Puget
Sound in the territory of Washing
ton"
The road from Tacoma to Portland
was not spoken OF or mentioned in
the remOtest manner. Congress never
authorized them to construct such Il
road and therefore certainly made no
grant of lands. The first auth0rlza-
ton for such IL branch was in the
joint resolution of April 10, 1869, and
as already proven all government aid
except the right OF way. was denied.
The Joint resolution of May 81
! 1870, gave the company no other
lands; there is no language an honest
man might construe giving any lands.
The bill as addressed to congress
bears no such significance; on the
contrary, among other limitations OF
the resolution, the right to locate ano
operate the road according to the
changed designation of the branch
and main lines was given the com
pany expressly under the provisions
of the original act; no other or great
er, no different, but exactly the same
But had there been Il grant of lands
the people still would be justified in
holding the land, as the company for
feited all right and title by not build
ing their road to Portland according
to the perfected survey filed in the
land department at Washington
ID. c. They cannot reach Portland
without passing through Tacoma, or
Puget Sound. That Is, they cam
and ride on their own lines. Wallula
Jucntion is as far west as they ever
built their road on the southern branch
We shake heartily with the Vidette
: over its action in coming to the front
in helping settle the important ques
LiOn of the ownership of the indemni
ty lands.
If the settlers are entitled to the
land they should have it; if the rail
road company, then the county
: should have the benefit of the taxes
, on it.
Were the question settled the
county finances would not be in thei
present condition, and Chehalis count,
struggling under its present load. l
is claimed that the company have hat
patents for some time on portions o
this land. II it is so, our county
authorities should look into it and Sc
that taxes are paid upon it since tn
date of issuing them.-Aberdeen Bull
letin.