Gilpin observer., 1908-02-20
LAND GRANTS
TO RAILROADS.
PROCEEDINGS TO COMPEL CON-
PANlES TO KEEP THEIR
PROMISES.
FIRST SUIT IN OREGON
MILLIONS OF ACRES INVOLVED
WORTH HUDREDS OF MIL
LIONS OF DOLLARS.

Washington.-The fact that the De-
partment of Justice has made all prep
arations to begin suit to enforce the
terms of government land grants in
the state OF Oregon was brought out in
the Senate Tuesday when Senator Full
ton of .he committee on judiciary re-
ported a resolution authorizing the De-
partment TO bring such suits and asked
for its immediate adoption.
Senator Hepburn asserted that hun
dreds of millions of dollars would be
found to be involved if the proceeding
was made general.
The resolution was generally dis
cussed by senator's, the only action
urged against it being based on the
idea that the attorney general was now
empowered by law to do all that was
sought by the resolution.
During the discussion of the resou-
ton Senator Fulton announced that the
department was ready to proceed and
merely wanted the authority of Con-
gress to meet any possible question
that may be raised against the legal
ity of the proceedings.
The resolution also applies to the
grant made to aid in the construction
of a telegraph line from Portland to
Ontario and McMinnville, Oregon, un-
der the act of May 4, 1870. The reso-
luton authorizes the attorney general
to ascertain and enforce all the rights
existing ill favor of the United States
if it appears that the lands are forfeited
to the United States by the violation
of the conditions of these acts.
Senator Fulton said there was no
question that the roao% had violated
the terms of these grants, as the vio-
lation had been admitted before the
Senate committee on judiciary.
Mr.. Tillman explained that he intro
duced the original resolution in view
of what he had learned while on a
visit to the Pacific coast He was salts
fed that the railroads are Withholding
from settlement lands worth millions of
dollars.
The propriety and necessity of pass
ing such a resolution was questioned
by Mr.. Foraker
Mr.. Fulton did not personally believe
the resolution was necessary, but the
attorney general wanted ii and he
thought ii should be passed.
Senator Nelson said the Supreme
Court had decided that the forfeiture of
such grants could be enforced either in
the courts or by Congress.
This resolution" he said, "is merely
an expression that Congress prefers to
have the courts take action. Congress
could only declare absolute forfeiture.
but the court of equity could say TO the
railroads that if they proceed to com
ply with the terms of the grant their
grants would not be forfeited
Senator Hepburn said the same con-
dition referred to in the resolution ex-
lists in all land grant states, although
only Oregon is referred to in the reso-
luton. For forty years the railroads.
he said, had refused to comply with
the terms of these grants. The settler
could not proceed against the railroads
to enforce them to comply with the
terms of their grants to the land be-
cause the proceeding could only be
brought by the government which gave
the grant.
This question" he added. involves
millions of acres of land worth hun
dreds of millions of dollars"
I'm reply to a question by Mr.. Dixon
Mr. Hepburn said he thought the same
limitation existed in the land grant of
the Northern Pacific railroad. Senators
Dixon, Fulton and Nelson did not agree
with him in that statement.