Rogue River courier. (Grants Pass, Or.) 1886-1927, 1907-04-26

to the California line, on account of
Thrifty bends in the route, amounted
to the figures mentioned.
The two land grants now possessed
by the Southern Pacific have been
disposed of in large tracts in violation
of the acts of congress, until less than
half the original acreage remains in
possession Of the railroad. The lands
were sold in larger tracts than 100
acres TO each purchaser and frequently
at more than 50. so an acre and the
purchasers IN these cases have not
! been actual settlers.
Representative Hswley has taken
the matter up with Secretary of the
Interior Garfield, Land Commissioner
Bsllinger and Attorney General
Bonsparte, eudesvoring to find means
to hold the railroad strictly to the
terms of the grants The Washington
authorities have evinced large interest
in the matter. Secretary Garfield
has given Mr.. Hswley to know that
he will afford every facility of his
department TO accomplish the end
aimed at Attorney General Bona
parte has told Senator Bourne and
Mr.. Hawley he sees no reason Why
the terms should not be enforced and
has asked them for specific informa.
tion, which they are now gathering,
of violations of the acts of congress.
Commissioner Bsllinger wrote the
following letter to Representative
Hawley. March 10 of this year:
In reply to your letter of the 7th
inst, addressed to the Secretary of the
Interior, and handed to me for atten-
tion, you are advised that the act Of
1866 IA States 2S9), made grant Of
land to the California and Oregon
Railroad Company, conditioned up.
on the performance of certain acts by
the company within specified time.
The prescribed conditions not having
been met by the company, the time
for the performance was extended by
act Of 1869 (16 State Az.
Although the company fails to com.
ply with the terms of the grant with
in tie. time specified, they were sub
ssquently complied with before a
forfeiture. and the title to all the
lands within the grant consequently
vested in the company (see Schulen'
berg VS.. Hartman. 81 Wal. 44) sub
| ject only to tue covenant expressed in
the proviso of the act of 1863, which
declares THAT the lands granted by
the act aforesaid shall be sold to
actual settlers only in quantitis not
greater than one quarter section to
one purchase and for price not ex-
ceeding 81. 80 per acre" AS soon as
title was vested in the com pany the
jurisdiction over the lands passed
from the executive branch of the
government, and the enforcement of
the proviso rests with the courts,
through appropriate action by either
the settlers entitled to purchase or by
the government acting through the
department of justice
The power of congress to prescribe
the proviso, cannot, in my Judgment,
be questioned in view Of the fact
that it was made in cons deration OF
tie extension of the time granted to
the company is therefore without
authority to sell these lands TO any
other person, in any other amount,
or for greater price than that
prescribed In the proviso, land and
any conveyance which the company
has attempted to MAKE on a sale made
in violation of this statute would not
be sustained by the courts.
Sine the title passed from the
Government subject only to the
covenant Grated by the provis0, 1t II
doubtful if congress has power i'
enact any law TO compel compliance
with the terms of tn provi'o (se'
, Morgan VS.. Rogers, 10 Fed. ~ anc
, the covenant can only be entorcd ii
| the courts.
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