The Mankato free press., 1908-02-21
LAND GRANT TERMS
Department Of Justice to See
They Are Enforced.
RESOLUTION IN THE SENATE

Authorizes the Department to Bring
Suit to Compel Railroads in the
State of Oregon to Abide by Terms
of Their Concessions.
Washington, Feb. 19.-The fact that
the department of justice has made
all preparations to begin suit to en-
force the terms of government land
grants in the state of Oregon was
brought out in the senate when Sena-
tor Fulton of the committee on judi
ciary reported resolution authorizing
the department 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 senators, 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 resolu-
tion Senator Fulton announced that
the department was ready to proceed
and merely wanted the authority OF
congress to meet any possible question
that may be raised against the legality
of the proceeding.
The resolution also applies to the
grant made to aid in the construction
of a telegraph line from Portland to
Ontario and McMinnville, Ore, under
the act of May 4, 1870. The resolu-
ton authorizes the attorney general
to ascertain and enforce all the rights
existing in favor of the United States
if it appears that the lands are for
feited to the United States by the vio-
lation of the conditions of these acts.
Senator Fulton said there was no
question but that the roads had vio-
lated the terms of these grants, as the
violation had peen admitted before the
subcommittee of the committee on
judiciary.
Tillman Gives His Views.
Mr.. Tillman explained that he had
introduced the original resolution in
view of what he had learned while on
a visit to the Pacific coast. He was
satisfied that railroads are withhold
ing from settlement lands worth mil
lions of dollars.
The propriety and necessity of pass
ing such resolution was questioned
by Mr.. Foraker
Mr.. Fulton did not personally be-
lieve the resolution was necessary.
but If the attorney general wanted it
he thought it should be passed.
Senator Nelson said the supreme
court had decided that the forfeiture
of such grants could be enforced eth
er In the courts or by congress. This
resolution" he said, ''is merely an ex-
preston that congress prefers to have
the court 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,
ditions referred to in the resolution
exist in all land grant states, although
only Oregon is referred to in the
resolution. For forty years the rail
roads, he said, had refused to comply
with the terms of these grants. The
settler could not proceed against the
railroads to force them to comply
with the terms or their grants to the
land because 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"
In reply to a question by Mr.. Dixon
Mr.. Hepburn said he thought the
same limitation existed in the LAND
grant of the Northern Pacific railway
Senators Dixon, Fulton and Nelson die
not agree with him in that statement