The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-04-06
SUIT WILL Be PROSECUTED.
CNITED STATES WILL TRY TO
TAKE PATENTS FROM ". r.
&apA Lies within Limits OF spnuid-
ing observation-disclosures General
Thinks Case VIII He Decided in
Two Years-Other Capital News.

5iist been issued By Attorney General
Grfsps which Is OF a great deal Of interes
to many people in Washington state and
more especially to those holding railroad
land In Southwestern Washington within
the limits Of what Il known as the spauld-
ing decisions. For some time a suit has
been pending. brought b. the United
States against the Northern Pacific Rail-
road Company 10 set aside the patents Is
sued to said company for land within
above-named limits. The attorney general
has directed this suit TO be prosecuted win
all possible pigor 10 obtain Il decision from
the supreme court so that the matter may
be finally settled and disposed OF,
This suit f. to be submitted 10 the circuit
court for fife district OF Washington upon
an agreed statement OF facts, No matter
what the decision I'm that court II will then
20 to the circuit court Of appeals and from
that to the supreme court OF the United
States. II the matter Is vigorously pushed
a decision ought TO be secured within two
years.
L. has been reported that the above
named suit was to bo dismissed on account
OF the recent decision OF the supreme court
in the case OF the United states vs.. the
Oregon e. California Railroad Company,
which was, however. In reality, contro-
yersy between the oregon Il California
and the Northern Pacific railroads TO set
tie title to overlap lands Immediately east
OF Portland or.
In most particulars the facts constitut-
ing TIE basis for the las. named suit are
similar to those TO be tried out In the suit
now 10 be pressed agsins. the Northern
Pacific. but after careful consideration the
attorney general has concluded that u is
best to have the case fully adiudicated by
the courts.
In view OF the great interest taken In this
subject a rerume OF the recent decision Of
mill at. n
facts upon which that decision was based
will not be out Of place.
on the I'd DAY OF July. 1864, congress
granted to the Northern Pacific Rail Dad
Company, lands along It's then proposed
line from the head Of Lake Superior tn
point to be selected on Puget sound with
a branch down the Columbia The especial
terms of tina. grant provided. that said
company should have "every alternate
section OF public land not reserved, desig-
mated by odd numbers TO the amour, OF
twenty alternate sections per mile on each
side OF said railroad through
the territories ~ the United states.
through any state, and
wherever. on the line thereof. tho United
states have full title. not reserved, spld,
granted or otherwise Appropriated free
from presumption or other elaims or rights,
ut tho time the line OF said road ~ definite
" liked and plat thereof flied In the office
OF the commissioner OF the general land
office rhia was followed by n provision
for the selection OF iiau lands
March G. 1895 Joseph Perham, then pres
idsnt of the Northern Pacific, filed map
or general location for the whole line
and asked TO have lands bordering same
withdrawn. The secretary OF the inter
Tor forwarded 20 the commissioners of the
y general land Office approving withdrawal.
June % Commissioner Wilson. Of the
general land office. held that the map
was insufficient 10 permit withdrawal Of
lands under the act making the grant.
April 10 1867. congress passed a Joint
resolution granting right of way To the
Northern Pacific railroad from Portland.
or, TO Puget sound. with grant OF
lands according 20 terms OF original grant.
In lsss an act waB passed by congress
granting to the oregon n California rail-
road alternate sections along It's pro-
posed line from Portland, Or. south,
and May 81. 1870 that road filed maps
OF definite location.
August 4 1870, two maps, constituting a
map OF general route. was presented 20
the secretary OF the interior covering the
line from wallula To Portland, along the
Columbia. August IS tho secretary ac-
cepted the same and directed withdrawal
OF lands along said line.
In the bill the mRps filed by the North
ern Pacific on March 6. 1855, and August
4. 1870. are termed mars OF general To-
cation. but In an amended hill the gov
eminent reserves the rtght TO Insist that
both were maps ~ definite location.
The court holds that the grant was IN
tho nature OF contract wherein the
government retained the right To dispoSe
o. by grant or otherwise. any lands In
cluded In the grant Co the Northern Pa
etle prior Go the Ming ~ the mans OF
definite location, and says; we took Il
then TO be indlsputahlc that nothing
stood In the way ~ congress granting to
another railroad compaRy any land be-
fore definite location by company hold
ms frs, grant"
The decision n tho court therefore fl
that no grant attachedsto lands between
Wallula ana Portland IN favor 2 the
Northern tsctfc. and that tho overlap
lands in contest we're rightfully patented
&C. the oregon & California rniiroaa
Tho contention % the Northern "a "A, IN
the suit nov pending will doubtless he mar
as ~ srant attached between wailnla and
Portland the land es1tacent 10 the North.
sFn Pacific bstween Portland. Or and
Puget sound within the limits ~ tho
SpauldinE decision we're properly granted
60 The Ncfthern Pasiac uaaeF the iotot
resolution o. April - lSfa
II this eontention saoald be sustained n,
the supreme court. amy land tu odd I,-
toNs acquired nv spt.tcrs subzvau,rt e.,
tho flinx Of tho napa ~ denntte location
BY the Northern iscinc between Portland
aAa Puget SQUAD would he Aela 70 belong
o. the railFus.A
when asked II he was OF the opinion trat
the former suit prRcilosliy decided t~a
pending salt the attorney gensrsi s4id thar
be did not care 90 say, further taan thar
the facts upon watch the tao actions we're
has~d were somewhat different AMI ttat
he had dsE~ctea tho prosecution o. the sec
ond suit
WIN ". G@S, United States attorney for
che distFtct % W ssaiTstcn. viii have eAArza
OF che slit now pending IN the civ-u. caurt
though IL - porsi1e that other counsel
viii be employed by the government .o as
sist az was done IN the su't recently dsttlel
On favor 'of the lrescn a California tn
which cAss Joseph r. Chosts. now ailns-
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