The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-04-21
IlDABLL Land INVOLVED.
surTED sTATEs srPnEME COrRr
LssTESs To ABLE ARGUMENT.
nsvevnaeas Appeals Fe~n . Uees.
sssa ORantea IN ravsx q sne
ossgea ana Casiisvnla naalsesA
Co. ~ the Q. 3. Circuat CSurt.


epsessl Dispatch 70 the Post-lntesiieeneeY.
WARRINGTON, April 21.--fn the rnsfed
states supreme court receatly the stsor-
/. aey general made his argument In the
casa OF the United States. appellant.
against the Oregon ard California Rail-
road Company. involving the right Of the
government TO the possession Of certala
lands in the vicinity OF Portland. Ore.
: which were granted 10 the Northern Pa
eiac Railroad Company by the act OF July
. ia. but forfeited, by failure to con-
ssruct railroad down the Columbia
river. by congress ia 1850. In lses the
Oregon and California railroad Obtained
from the government . grant 81 land 10
enable Il 10 construct . road from San
Francisco To Portland, which grant over
sspped the grant Of the Northern Pacific
when the Iatter's grant was declared for
feited the Oregon and California set M
> claim 10 the overlapping land, which
would have been included In their grant
providing there had never been any grant
rads To the Northern Pacific.
After the act Of congress declaring the
land forfeited 10 the government by the
Northern Pacific for failure 10 construct
It's road down the Columbia river from
Wallula to Portland. suit Was brought by
direction ~ Attorney General Miller In
the United States circuit court for tbs
district Of Oregon to cancel the patents
ard restore the Lands TO the public do
main. The lands Involved amount 10
about 2lso0 acres. Upon the merits Of
this cause Judge Gilbert, Of Oregon. found
In favor Of thu government An appeal
vs. taken by tina Oregon and California
Railroad Company 10 the circuit courf Of
appeals for the ninth circuit. which, In
~ opinion by Judge Ross Judge Haw1ey
tesearring. reversed the judgment OF tho
cifss't court and remanded the case 10
Judge Gilbert with instructions to dis
miss the bill.
from this decision Mr.. Justice McKen-
IA, Row OF the supreme court OF the
United States. then judge Of the court
Of appeals Of the ninth circuit. dissented.
The United States. through the attorney
general. then appealed TO the supreme
ceart where II 10 hoped and believed
Judge Gilbert VIII be sustained and the
lands tn question VIII be restored To the
public domain. TIE value OF the lands
are sarionaly estimated at from s. 600 .ooo
10 IS 900 no.
The argument OF the United States In
support of its appeal 10 an extensive and
comprehensive document, Including a
summary OF all the legislation By con-
gress relative To the two railroads. ana
or the government being clearly brought
out and sustained hy legal references.
every claim or tho railroad company an
swered. and an abstract OF the opinions
rendered In the courts below ana the
rulings OF the secretary Of the interior
upon the same points being given In an
appendix. The argument was prepared
by Solicitor General john X. Richards.
The man point upon which the Oregon
ana California Railroad Company bases
its claim TO the lands in controversy II
that tho grant OF the government in ia
net OF 1854 did not give 10 the Northern
Pacific Railroad Company any particular
land. as In that act the line OF the North
ern FAcinc from Wslluia TO Portland via
the valley OK the Columbia river was
spoken OF N branch lire. and that no
map OF general location was filed by
tho Northern Pacific until subsequent In
the grant To the Oregon and California
road for the construction OF it's linz from
the Oregon boundary to Portland I'm lsss
II In further claimed that the line az the
Northern Pacific down the Columbia
river was never spoken Of as the main
line until a joint resolution passed by
congress in 1S7p fixed definitely n main
line 60 Puget sound by way OF Portland
Judge Gilbert. in his opinion IN favor
OF the government. disposed of tho con-
fcntian that the act OF 1854 only granted
land In aid of the main line. and not
IN aid OF the iine via the Columbia river.
In these words: Throughout the act Tho
reference To tho road with its branches
ia a single tine of road. In the words
OF the act. thu grant OF land Is eoexssn-
sive with the grants Of right of way and
the grant OF other pr.v.leges''
The fact that no legal map OF definite
location was filed By the Northern Pa
cific prior To the grant 90 the Oregon
a a De 81
held IA being at all material. since shs
grant itself to thu Northern Pacific was
prior In date
Congress did not offer these lands TO
the competition az thu two companies"
said Judge Gilbert. 'and IL WAS not the
Intention that the more diilgent Of the
two corporations should secure them
II hold that the failure Of the Northern
Pacific 10 construct its road hy way at
the Columbia river valley. the forfeiture
or It's grant therefor by congress In !saa
and The construction by the Oregon ard
california; company Of ifa road i'm opt
time under It's grant OF July, issa. are ali
matters foreign 10 the question under
consideration. The fact remains that the
lands n controversy were granted lands
az the time The grant 20 the Oregon and
california took effect Thsy were, there
fers. not the subject Of the grant "a tina,
company. When that grant was made the
beneficiary thereof had fun notice et shs
ffior srart. and had reason 20 understand
'hat she lands 40 devoted te the consfFue-
ton ~ the ether read were rot Within
sac rCrvie~ ef les own grant. snd wsra
not promised II ny the United States.
Ire strongest points OF the case az the
TeSon and California are brought cut
NEST clearly IN the opinion by Judges
fsoSs and. iiawley. ~ the circuit court or
ssspv@ss, IN favor 81 the railroad company.
~ Is declared that the Northern Pacific.
.aFsng Sled no accepted map ~ definite
isN@'tHa 0son ahseh tands could hs with
NlasE tren settlement. pries - TIRE grant
'" TIE Oregon and California All tse
4AhaS N Question remained ruhi{c lands
e.o1nFt "a she latter grant The converse
- sH's statement. IL * held could got
maintained without hciasng that all
sae immense teit north ns the farsy-ns,h
SssfHs q lsti;1ac was Withdrawn hv tire
ssf'sseFn Pacific grast OF 1854, Moreover.
held ;he grant ef fSes IN express
ss declared that Il embraced onty
seoac sAn3 ne granted ar otherwise an
.sVrafess, ans free froFn Isl claims ''As
80 TIRE SIS lire az Yeaa WAS definitely
$40 and lat thereof nte.s -
sease Ross therefore declared. and