The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-02-19
SPEAKER slNt uSSEATS.
FILES 4 MINORITY REPORT ON
TRANSFER OF n. r. GRANTS.
Company succeeded 10 the Rights
of the oIa-Q uofes = Lengthy
opinien by Atty. Gen. Harmon.

/ Ell 20 lfsa lire into tae validity CT fae gTans-
fer Of Northern Pacific granted Lands In
Washington FROM tie cA3 10 The rew cor
roratscn presented gwo reports. THE can't
ngltree consists ~ Col. Frank WIkeson %
/ skagfs. W. H Roberts Of Spokane and
Sneaker Cue. 7. was appointed by
Speaker Cline, q the house. TWO years ago.
uear the close of the session, II pgrs2>
aree az Resolution introduced by ~ Ike
SCR
A majority report signed BY WEkeson
ard Robsrts was printed IN the Post-In-
selllgeneer tGst prior - TIE meeting II the
legislature. IL sgateS that the transfer Of
ine granted lands from the Northern Pa
c1ac Railroad Company 10 the Northern
Pacific Railway Company, made at the
time - TIE reorganization az the corpora
Ign, is without authority OF congress and
therefore void.
Mr. Guie's Report.
Mr. Cute. IN a minority report. dsseuis
fTom tae findings OF the majority, finding
authority ard basis for the tisle OF the
Northern Pacific Ia the opinions Of ine at
toEaey general of the United States and
the rulings OF tbs in;erior department Mr..
Cute says:
ITO ~. Legislature OF the State OF
Washington.
The undersigned. a minority OF the
committee appointed under II. z. ], pass
e. by the legislature Of the state of Wash
inston March /, 1897. TO investigate GER
tain proceedings By means Of which a cor
peration known as the Northern Pacific
Railway Company, created and existing
under the laws OF the state Of Wisconsin
claims 70 have acquired and IS exercising
certain rights, privileges and franchises
the Northern Pacific Railroad Company
Claims TO have acquired. and is exercising
certain rights, privileges and franchises OF
the Northern Pacific Railroad Company.
the laws Of the United States. now reports
dis hnatngs 70 you, as follows:
Il That the Northern Pacific Railroad
gress. July 3. 1854. and was authorized 10
construct railroad and telegraph line
from Lake Superior 70 Puget sound. and
Ter the purpose Of aiding the construction
Of SAID railroad and telegraph line. aud 10
secure the safe and speedy transportation
OF mails tTSSi.s and public stores over the
road az said lire OF railway. certain lands
were granted 70 II IN company with It's Sue
cessors and assigns. For these lands pat
ents were 10 be issued as the lines should
be completed. IN sections Of twenty-five
miles each. in a good. substantial and
workmanike manner as found ard re-
ported hy commissioners.
''2 The said railroad company perform
ed al tho duties aud conditions imposed
By said act. and dt1 nothing which amount
cd to a Reputation or violation OF said
statute or any OF the statutes supplement
taTy thereto or salendatory thereof sad
Northern Pacific Railway Company the
purchaser AZ the foreclosure sale II the
lands, rights. privileges and franchises OF
said Northsrn Pacific Railroad Company,
has an absolute titls TO said government
lands and the rights privileges ard fran
chises e said Northern Pacific Railroad
Company. subject 10 the continuing rights
- the govsrament respecting he trans
p"rtaaon Of mails. troops. munitions OF
war. etc.
Decision as 10 the Title.
g This same question, relating. to the
title Of said Northern Pacific Railroad
- n
said granted lands was raised by the sec
Rotary 81 the interior. and sad secretary
SOLICITED the opinion Of Inc Hon. Juds7n
HarInoa, attorney general Of the United
STATES. in reference thereto. Tae opinion
rendered b. the attorney general IN re-
Spouse 10 the request os the secretary OF
me intcrlo. Is IL words and figures as fol-
lows:
=" Department Of Justice.
Washington, y, g, Feb. s, 1857.
" Sir: ] have fhe honor 70 acknowledge
yoaf letter az the 29sA NH, with which you
nications ADDRESSED 70 you with respect
Nortaera Paddle Railway Company
Following the settled practice Of the
attorneys seneTal ! might refuse the opiu-
lon requested, because you do aot state
The points you p lsa % submit but leave
them To be gathered from the com ufInloa-
tons which are somewhat voluwinous.
AZ. however. your letter shows that you
require nay opinion for your guidance in
the discharge Of official duties aud ;aat
both public and private interests require
that II should ne promptly given. I an
swe- your question as IL Is pat. which 10
as follows;
''''I. therefore. request that you viii at
your earliest convenience. advise ne
whether or not am justified IN with
holding pateuy from the Northern Pa
cine Railway Company on the grounds
urged in tbs cou1fnunlca ton"
" The act Of July = 1874 U3 stat Ecs)
created the Northern Pacific Railroad
Company, and authorized II 70 construct
a railroad and telegraph line from Lake
Superior Ia Puget sound For the p}ir-
pose of aiding the construction - such
a railroad ara telegraph line, ana 80 Sc
cure ihe safe ard speedy transportation
Of the mails. troops munitions 81 war
and pgAilc stores over the route Of said
line 0f railway" certain lands we're grant
Ell Il IN company WITH SIS successors and
assigns tS%e 81. Tor thesa lands PATENTS
were "a 20 issued aS the Hines Should 20
completed, ia sections ~ twenty-five miles
each ''in Eood. substantial ana work
mani5k@ fns0Ner,f IA found ard regfurtt,1
by the ecsnrnls toner's. {Ser - TIE rad
was 70 h post route and military road
suhjett So SIC Csc os the United States.
sn3 also sunterf 10 such regulations as
congress may iaspose concerning ch-rees
Ter government transportation {Set fY1
Section - fovtas th~ issue -
''fs2srfEzE" OF construction SoAae ex-
cert ~ the cpusen, x congress. sut an
F. NaTrh : 1t@1 rs Ss4t SsN sr&ch ccrecrt
" SIS EtFen - tN~ iss3@ NJ ho4Ss secured
~ r}art aEe ur~e~ tne railroad ard tele-
rrsCa tsnes tur ARE purpose - raising
/ facsfs 8gth whjeN 20 con%trset the s4ssls
On May ., 80 f's Sat. S1Sl eaaseot vas
! sEat9 efper ftn11s aeSe ae~0rtf1 sfY ia
/ suea ard secured aT mortgage VITA the
proceeds ~ which :es railroad ava tel
/ FraDn tires vera aua3ly completed ana
pat sr2 ov%rs fen.
d" ~Z3s acs n Aaxrs; :. tesS c. s-e+
/ 5Sf rea-7-r-r TH s.t'~ oe-n.ez whsrh -
government hst at3s3 g. uarstrsct rass-
faa& au} t-e-fR uH l.ar4 Hereafter tg
nas31tain 1--s er~rst~ tae5r ts1egrsae f.nss
''aGi eX%ry Sc ts 4hsrr s,-fvez stnfse az ere