Daily capital journal. (Salem, Oregon) 1903-1919, 1906-05-05
ABOUT A
RAILROAD
GRANT
lie. Howard Writes About
the Northern Pacific Rail
road Land Gift
(By Hon. J. Z. David.)

ENlAuA AANNNAN'
Agreeable to promise, as requested
I write for your paper history OF the
conflict about odd numbered sections OF
land within the forfeited portion Of
the Northern Pacific railroad grant.
To fully understand this conflict 1t
Is well to remember the fact, univers
allv known, that if the president OF
the United States makes a mistake anu
executes a patent for land not belong
ing to the public domain, it has no
power to give a title TO said land TO
anv settler. While mistakes have not
been many there are some, and these
have all so far as l know occurred
within the limits of the Northern Pa.
cife railroad grant, and these mistakes
have been made because the depart
ment of interiors opinion was erron'
eous in regard to the effect of the for
feiture act of September 19, ls9O,
(26 stat. AGO. forfeiting main line
grant from Wallula to Portland.
within the limits of this forfeited
portion of this grant are two overlap
grants. one for The Dalles Military
Road company and the other for the
constructed branch of the Northern
Pacific grant.
March %, 1906, the general land
commissioner wrote Hon. j. p. Dolli-
yer. senator from Iowa, in regard to
the overlap on The Dalles Military
Road company's grant, that cit was
formally held by the department that
because of the fact that the grant to
aid in the construction of the Northern
Pacific was prior in point of time it de-
feated the grant for The Dalles mill.
tarv road and following the passage of
the forfeiture act of September 20
1890, the unpatented lands were or
dered restored 10 entry as part of the
forfeited lands"
This proved An erroneous opinion
for the supreme court in the case Of
Wilcox vs.. Eastern Oregon Land com
pany (l76 U. S. 81 gave the land to
the company. AS a result Of this de
eision about 100 families were turned
out Of their homes where some Of them
had resided for years and had improve
ments upon their lands of from a value
of a few hundred dollars to four thou
sand dollars, and 10 this day the gov.
ernment has never paid them one cent
for these improvements. These men
were all homesteaders and in addition
10 these there were claimants who had
made cash entry or intended to do SO
making the total number of claimants
2O5.
This is a sad result of an erroneous
ruling of the department. Some of
these people were old and TO great
extent these lands and their improve
ments was all they had. They had not
only improved these lands, but they
had helped build roads, school houses
and churches and this caused towns 10
be built and railroad, thus transform
ing portions of sherman and Waseo
from a cattle and sheep range
TO an agricultural region, making lands
increase from little or no value to
from s25 TO $50 per acre.
As you realize, the loss from earth
quake by people in California you can
form some idea of these peoples loss.
II is true those improvements are not
destroyed, but the people who built
them and who should enjoy them have
only the privilege of seeing others en-
joy the profits of their labors.
Now, as 10 the overlap on the con-
strueted branch Of the Northern Pa
eifc now pending: On May 2, 1885,
the Northern Pacific railroad (now
company selected the lands
now in controversy on account Of Is
constructed branch line. The commits.
sioner in the above referred to letter
says: "Its selection was Cancelled De
eember 7. 1892, for the reason that the
lands were within the forfeited main
line grant and restored TO entry"
Those who live on these lands know
the department received filings on these
lands all the time after that date un.
til recently.
The commissioner in the same letter
says: "The department on April 25.
1905, changed its former rulings that
within the overlapping primary limits
the grant, on account Of the construct,
ed branch line, was only Of q moiety