The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-04-17

rseas. a had been claimed hv the COM
pany. bot il 10 regarded. ssys the court,
IS S.ving . scasa9y CT .a1ds IN aid of the
construction Of . nsw road. not before eoa-
senrzased. that would coaaecs Portland
aad 10 vicinity with Pax<< soraa-"
This view Of the matter has always heea
hssd ~ tas general land c<ies and by tae
interior department., except vhea enc COM
missioner he'd that the railroad company
lad 40 grant at Al between these tvo CIT
les This Was ove-raaed hv the secretary
Of the interior. Lamar. who vas secretary
Of the interior, Exei the date Of the gran.
- il Is nov heid By the supreme court Il
follows. therefore. that the Northern Pa
cifse hasa no grant OF lands between Port
land and Tacoma Until Mar 81. 1870. and
al settlers apon those lands prior fn that
date VIII receive thar title from tss United
States. If they hare not already received L.
The particular land in question in she
suit upon which this decision Vas rem
d<red Was ineluded within the grant made
TO the Oregon Central Raiircad Company
for 9 line from Forest Grove 20 Astoria
which grant vas made Just twenty-seven
day. before the gran, of 1s-0 60 the North
ern Pacific. All lands In the Oregon Gen.
trail grant we're restored 20 the public do
main oy the oct Of 1855, "and the title did
not pass says the court. TO the So.thern
Pacific Railroad Com pany either BY reason
OF the failure Of the Oregon Central Cosa-
pany 30 construct its road or because Of
the subsequent forfeiture Of the iatser's
rights"
Lands in Washington affected BY this
decision are situated In Clarke. Cowiitx
md - Saf L.
are ali within the svensy-miie limit in
Washington Of the Oregon Central grant
They constitute narrow strip along the
Columbia river from point IN section H.
township north. range west. from one
to ten miles vide. ending in Wahkiskum
county nearly opposite Tongue Point. in
Ciassep county, Oregon. Toe map in the
Vancouver land Office sent July IL. 1855
according 20 the instructions Of the inter-
Tor department. at thai time shows exactly
the lands affected BY this decision All
these lands belong TO the pubic domain.
In response 20 request for q ruling tat
would satisfy settlers upon these lands,
Office has authorised the following state
ment:
Purchasers in good faith from the
Northern Pacific OF any Of these lands, be-
ing citizens of the United States. or having
declared their intention TO become such.
their heirs or assigns. are protected By
the fifth section of the act of March 8, IsS1,
provided the purchases were made prior
thereto. This section provides that such
purchasers may make payments to the
United States for lands purchased, 81 the
ordinary government price tor ike lands.
and thereuron patents shall issue there
fore All lands. however. are excepted
from the provisions Of said section Which
At the date OF purchase were in bona dde
occupancy Of adverse claimants, under
presumption or homestead LAWS. whose
claims had nos been abandoned prior to
sad act. rs we're also all lands settled upon
subsequent TO December l, lss2. and prior
TO March ), lss9, by persons Claiming right
OF entry under settlement laws of the
United States; and the claimants fer all
such accepted lands are authorized to per-
feet these claims.
Right Of entry to lands excepted from
the provisions of the fifth section of the
act Of March 8. 1857. being guaranteed by
law TO the claim ants by reason Of whose
claims they were so excepted. cannot &c
in:ersered with by Subsequent legislation;
therefore. the rights of purchasers from
the Northern Pacific whose purchases
were made prior TO March Z, 1857, are As
fully protected by the act as is - possible
Low 10 protect them by legislation. and IS
these lands were IN lSco he'd cy THIS once
and department not TO be any part Of the
Northern Pacific grant and were restored
to entry. persons who purchased from the
company subsequent; TO March 3, 1sS7.
must have done 50 with the knowledgc OF
the facts and cannot be held to be bona
fide purchasers, bat the heirs and assigns
OF the original purchasers are entitled to
all the rights and privileges such pur-
chaser would have were he the prese n
claimant.
NO legislation q. this time could give .
better right 20 these lands 20 purchasers
from the Northern Pacific Company prior
10 March 5, tss7. than they now possess.
and there is no good reason for legislation
and protection OF purchasers subsequent
TO that date. Ii also follows thai the
withdrawal of these lands from settle
ment could serve no good purpose, bat on
the contrary would. OF course, prevent
disposal and create great dissatisfaction
among persons who desired 10 settle or
make homes upou them