New-York tribune., 1906-04-18
HlLL-HARRIMAN FIGHT.
SENATOR'S TO HEAR 1T.
Counsel for Both Sides to Appear
Before Committee T0-day.
From The Tribune Bureau. !

lFro" The Tribune Bureau
washington April IA bitter controversy
between the Hill and the Hartman railway in
terests will be fought out tomorrow before the
Senate Committee on Public Lands Attorneys
Tor both sides have obtained the privilege Of
appearing. and there are some indications that
the hearings will be productive of oratorical
fireworks
some fifteen years ago the Union Pacific Rail-
road Company obtained a right of way from
Fasco along the north shore of the Columbia
RIVER to Portland, Ore. and thence to the sea
al Astoria This right OF way granted un-
uer the act OF 1870, which provides that a rail-
way company desiring to construct road over
puohc domain may obtain right of way by
plying with certain conditions such as the filing
OF maps in the office of the Secretary of the In
terror. the construction OF a certain mileage
"lthln given time, etc. The law further pro-
Vides that If these conditions are not compiled
with within five years from the date of filing
the map of location. the right shall be forfeited.
IN this case the Union Pacific did not proceed
rurther than the filing of maps. Before the five
years had expired it had obtained control of
Wnat is known as the Oregon Short Line on
the south shore of the Columbia which made
IL unnecessary to construct the line first con-
templated, north of the Columbia River.
HILL INTERESTS START WORK.
Immediately following the adjustment of the
controversy between Mr.. Hill and Mr. Hartman
concerning the control of the Northern Pacific
Mr.. Hill and his coadjutors conceived the idea Of
running line down the north shore of the Co
lumbia River They proceeded quietly 10 obtain
the right of way along the precise road which
the Union Pacific had intended to occupy fifteen
years earlier, and last fall threw a force of men
and machinery into the field and began con-
struction south from Pascom toward Portland.
Union ifp ipre he
pletion Of a competitor into Portland and AS
toria, prayed the court to enjoin the Hill peo-
pie, and at the same time undertook the build
ing Of line their old right of way, main
tanning that the rights obtained fifteen years ago
had not lapsed.
In February Representative Lacy. chairman
of the House Committee on Public Lands, intro
duced general forfeiture bill declaring aoso-
lutely and irrevOcaby forfeited all rights or
way which should have been forfeited under the
act of 1875, and making such a forfeiture COM
plete on the approval OF the Lacy bill This
measure was, it is said, intended 20 clea- up
certain railway controversies in chicago, ana
has no reference TO the Hill-Harriman dispute
The Hill interests have now appeared before the
Senate committee and urged the adoption OF an
amendment to the Lacey bill, providing that in
every instance a right of way on which the
legally prescribed work had not been under
taken before April Of the present year shall
be de facto forfeited. This provision, II is as
suned is aimed specifically at the Hartman
right OF way along the Columbia River.
ARGUMENTS OF BOTH SIDES.
The Hartman interests will protest against
this amendment tomorrow, while the Hill In
terests will urge its adoption. Eminent counsel
will appear on both sides Of the controversy, and
a lively session is expected. It is assumed that
the Hartman interests Will urge that Congress
refrain from enacting legislation which has a
specific bearing on a case now being adjudicated
In the courts, and. judging by previous cases Of
a like nature, Congress is likely TO give great
weight to this argument.
There will be. however, some strong pressure
brought TO bear to induce Congress 10 adopt the
amendment urged by the Hill interests. The
| construction Of a road along the Columbia,
somewhat shorter elthouSh almost parallel with
the Union Pacifc's Oregon Short Ltue would
il is said provide needed comp ,titiou and lower
rates for the residents of Portland and Astoria
and other towns along the line. The Hill inter
ests say that they are prompted in their efforts
TO build q new line along the Columbia River
not so much by a desire to compete with the
Union Pacific by the necessity Of improved
facilities in order TO handle properly the great
volume Of business they now doing, as the
capacity Of the Northern Pacifc's line over the
Cascade Mountains is wholly inadequate.
Officials Of the Hill roads who have been in
Washington in Connection with this case main
tain that they are practically Indifferent on the
subject Of railway rate legislation. Their chief
aim, they say is TO obtain facilities which will
enable them tc care for the business intrusted
to them, and they profess to be perfectly willing
to have Congress make their rates and regula-
tions in far as that be done within the
limits of the constitution.