The Monte Vista journal., 1908-02-22
PROCEEDINGS TO COMPEL COM.
PANiEs TO KEEP THEIR
PROMISES.
FIRST SUIT IN OREGON
MILLIONS OF ACRES INVOLVED
WORTH HU0REDs OF MIL.
LIONS OF DOLLARS.

Washington.-Thef fact that the De-
partment of Justice has made all prep
aratons to begin q 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 resolution authorizing the De.
partment 10 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 II the proceeding
was made general.
The resolution was generally dis.
cussed by senator's. the only action
urged against 1t 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 Con-
gress to meet any possible question
that may be raised against the legal
ity of tho proceedings.
The resolution also applies to the
grant made to aid in the construction
OF 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 in favor OF the United States
II 1t 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 roads had violated
the terms 81 these grants. rs the vio-
lation hal 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 n resolution was questioned
by Mr.. For ''er.
Mr.. Fulton did not personally believe
the resolution was necessary. but the
attorney general wanted 1t 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 II they proceed to com.
ply with the terms OF the grant their
grants would not be forfeited"
Senator Hepburn said the same con.
ditSon 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 tho 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 Ut millions OF dollars"
I'm reply TO question by Mr.. Dixon
Mr.. Hepburn said he thought the same
Limitation existed In the land grant OF
the Northern Pacific railroad. Senators
Uixon. Fulton and Nelson did not agree
with him In that statement