Capital journal. (Salem, Or.) 1893-1895, 1895-02-08
End of a Big Railroad Land
Dispute.
OREGON CIRCUIT COURT REVERSED
A Loss TO the Government of a
Large Tract Of Land.
Lsan FraneIsco Chronicle, Feb. 81

Inc united States Court of Appeals
rendered All important decision against
theGovernment, Yesterday, in suit in.
volving land in Oregon valued at over
81, ,0O0, 900.
The litigation was commenced several
years ago by the United States in the
District Court of Oregon, the desire be-
ing to quiet title TO about 100000 acres
of land claimed by the Oregon Central
Railroad Company. The suit has beer
familiarly known as the Quadrant
case, and its outcome has been awaited
with !, terest all over the country. The
land involved lies near the town of
Forest Grove in Oregon.
Il appears that In 1870 congress made
grant of land to the Oregon Central
Railroad Company aud its successors
+, aid in the building of railroad from
Portland to Astoria and to McMinn-
Vile. The road was completed from
Portland to McMinnville by way of
Forest Grove within the time allowed
by the act, but not from Forest Grove
to Astoria. The distance from Port
land to McNIinuville is about forty
seven miles, the line Of the railroad
running due west from the metropolis
to Forest Grove and then due south to
McMinnville, This makes right
angle in the road at Forest Grove, and
the lands in controversy were those
opposite the road where it makes the
tnrn-the northwest quadrant.
The Government contended that
congress, in making the grant, did 30
to two distinct and separate roads, one
of which was from Portland to Astoria
direct and the other from the junction
at Forest Grove to McMinnville;
that the lands within the quadrant
would lie within the first grant, and
therefore, within that portion opposite
to an uncompleted section of the road,
and thereby forfeited,
The railroads attorneys took the
position, on the other hand, that the
entire grant was made to but one road;
that Congress named the three termini
ofithe grant, and intended that II the
road was built between any OF these
termlni and accepted by the Govern
ment the lands were earned.
In 1875 congress passed an act for
feIting 80 much of the lends which
were opposite uncOmpleted portions OF
the road and not embraced within the
limits OF the grant for the completed
portion. Judge Bellinger OF the cir
cult court Of Oregon concluded that
the government was right In its con-
tentIon that there were two separate
grants, that the lands In controversy
were opposite an uDcompleted section
OF the road and were therefore for
feIted under the act Of 1885. by this
the quadrant went back to the gov
eminent. II was from Jndg 9 bellin-
ger that the railroad appealed
The decision rendered yesterday 10
al elaboTalely written document ffoin
the pen Of Judge MeISenDa, Win ths
signatures of Judges Gilbert aud Haw-
10y attached as eoneuFrlng' Tue de-
eIsIop rsyerses Judge BelllngeI ans
declares that tho railroad company 10
entitled " tbs lanas, The eouIl of Ap'
seals deoldes 30 the nrst plAee that
congress intended undoubtedly that
that tbs grapi was uads bot ~ ols
road. Only oes road 10 mentioned w
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