The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-08-17

Decision on Land Grant Gives North
ern Pacific goo 900 Acres


Special Dispatch 70 the t-TnteliiZencer
TACOMA, Aug. 1e-Judge Hanford OF
the United States court. today sent in a
decision In the suit Of the Northern Pa
cihc Railway Company against John Bal
th2zzar and others. finding for the road
The suit affects title to certain lands in
Cowlitz and Clarke counties and quiets
title TO about 20 90 acres OF land. The
controversy grew out CT the act Of con-
Eress Of September %, 1880. forfeiting that
portion Of the land grant co-terminus with
the line Of the Northern Pacific between
Portland and Wallula. through the Column
biA river valley. The opinion, with the
exception Of a few citations. is as follows:
This suit was originally commenced by
the receiver of the Northern Pacific Rail
road Company. in behalf of said COM
pany TO quiet title and determine Ques-
tons as TO. the rights Of the company un-
gazing about $500 acres, situated in
the counties Of Clarke and cowlitz, in the
state OF Washington, which the company
claims TO have earned by the construction
OF that part Of It's road extending from
Por slaud TO Tacoma.
Said lands were sold I'm tracts by the
railroad company. and a large number Of
for the purpose Of obtaining n decree, re-
strainIng them from commencing actiCSas
20 recover the purchase money paid to the
company. The Northern Pacific Railway
Company has been substituted party
plaintiff II having succeeded to all the
rights OF the Northern Pacific Railroad
Company and ifs receiver. by having pur-
chased the railroad. with IT'S land and bust
ness. al the foreclosure sale.
The controversy as to thu title grows out
OF the act OF congress of September .,
1870, forfeiting that portion OF the land
grant co-tsrminus with the line Of the
Northern Pacific railroad between Portland
and Wal.ula. through the valley Of the
Columbia river, which It's charter au hor-
ICES the company 70 construct
In order 10 understand the questions
submitted II is necessary 70 consider sew
eral acts and resolutions Of congress rela-
tive 70 the incorporation OF the company.
and grants made 10 H.
The argument Of the defendants IL
based upon the decision 81 the supreme
court IN the case OF the United States VS..
Northern Pacific Railroad Company, l52
I. 5. &i-aa, IN which 1t was held. that
BY the original charter OF the company.
no lands were granted 20 aid In the con-
stFuction % n railroad from Portland 10
Puget sound. and that the Joint resolu-
ton Of May q. $50. made an additional
grant for that portion Of the road. but in
no WAY affected lands which had been.
previous 10 that date granted 30 another
company. and the argument assumes that
the LANDS In controversy we're granted to
the Northern Pacific Railroad Company
nv the act ~ July 2 1854, and therefore.
were not affected BY the Joint resolution
OF Nav a. lS11. in other words that IL is
not 10 be presumed that congress intended
20 make two distinct grants OF the same
And It Is further assumed that as the
company failed 20 earn the lands in con-
tr0Versv hy compliance with the condi-
tions OF the original grant. the title has
reverted N the United States by force 81
the forfeiting act Of September * lSso
Notwithstanding the fact that the lands
are within the limits ~ the grant rs eN-
tended BY the foint resolution Of Nav 81.
lF-8 and contiguous 70 the railroad from
Portland 20 Taconas. which has been COM
piRfet
II am constrained however, by the de-
cisions Of the circuit court ~ appeals for
this circuit tn the cases Of Oregon q Co
lu,ub'a River Company - al rs, United
States - Fed Rem. 57-Se and Eastern or
exon Land Company Vs. wilcox, = Fed
Pen 20 - hold that "a the Northern Pa
cffc Raiircad Company never made def
rite location a any nue q road between
Portland and Wailuls the original land
grant never took effect a. TO any land be
tween sat- places. therefore. the lands tn
controversy were for aught that appears
20 the contrary. - the date ~ the Joint
J resolution 81 NAV 81. 1870 and az the time
a. the definite location 81 the railroad fror1
Portland 10 Tac1uoa. uof-mincrnl public
lands az the United States. not reserved
Soit granted or otherwise Appropriated
sns hV said {oiut resolution the same we're
granted 20 the company upcn conditions
Which have been performed. so that the
fitis - the company and SIS vendees has
ha--rsls vested ard perfect.
.sT-pou the authority q The cases last
-ffsf sbe demurrer 20 the bill 81 com
Y,lsirt = ovsTruled "