The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1906-02-14
Railroad Fight May Cause Trouble
For Uncle Sam.
NORTH BANK c0UNTROvERsyINTEREsTING
COLUMBIA VALLEY RAILWAY
MUST SHOW ACTUAL
CONSTRUCTION.

Instructions issued by the secretary
of the interior to officials of the Van
couver land Office seem to indicate that
the department of the interior is about
to take hand in the controversy be-
tween the Portland & Seattle Railway
company and the Columbia Valley rail-
way over rights of way along the north
bank of the Columbia river, is the re-
port that comes from Vancouver.
1t is stated mere that a letter of in
struction has been issued by the secre-
tary of the interior directing the reg
lister and receiver of the land office to
demand of the Columbia Valley Rail-
way company that it appear and show
whether or not it has actually made
construction of it's road as SHOWN by
maps of its route filed with the land
department.
The secretary of the interior also di-
reefs, if the Columbia Valley fails to
show actual construction, that suit be
brought in the name of the United
States to determine facts, and if con-
struction has not been made, to nave
adjudged a forfeiture of the rights of
way claimed under the filing.
Terms of Law Of 1875.
Maps of the proposed right of way of
the Columbia Valley railway were filed
with the land office under provisions of
the act of congress of March g. 1875.
This act grants to all railway COM
panies who file articles of incorpora-
ton and proofs of organization with
the general land office, a right of way
over public lands upon filing a map
showing proposed right of way. After
filing map, all lands sold in the strip
shown are made subject to right of
way claims as indicated. The act also
provides that the intended road must
be built within five years of the date
of filing maps of route, or unless so
built all rights of way claimed shall be
forfeited.
The chief claim of the Columbia VAL
ley in the controversy over rights of
way along the north bank of the Col
umbia river has been that it had ac-
n11irp6 if, riChto tn q % 11n6ar tb
act of 1875. and could thus prevent the
Portland & Seattle from securing a
practicable route along the river. I'm
der this claim two suits have recently
been brought in the federal courts to
enjoin the Portland & Seattle from oc-
cupying rights of way claimed under
the filings of the Columbia Valley.
Recently two other suits of a similar
character were started in the state
courts, with the same purpose in view.
Officials of the Portland & Seattle
state that an application for an IN
junction was recently denied by Judge
Whitson, at Spokane.
Injunctions Denied.
Last week Judge McCredie, in the
superior court of Clark county, denied
injunctions in three cases affecting
rights of way claimed by the Columbia
Valley in filings made under the state
laws, holding that construction had
not been shown. At the hearing Of
cases before Judge McCredie an affi-
davit was produced showing that one
engineering party claiming to be at
work on the Columbia Valley road
was actually in the employ of the
R. & N
Rights of way affected by this action
of the secretary of the interior cover
all of the route crossing the public
lands for a distance of about So miles,
and extending from White Salmon to
a point nearly opposite Arlington, at
the dividing line between the Van
couver and Walla Walla land districts.
None of the route between White Sal
mon and Vancouver is affected by the
action, as the route does not cross pub
lie lands.