Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1908-02-20
LAND GRANT SUITS
The Government Il Ready to Be-
gin Proceedings to Enforce
Their Terms.
LARGE SUMS ARE INVOLVED
Railroads Refuse to Sell to Settlers at
Prices Named In Act Of Con-
gress-May Forfeit 4.
the Lands. II,

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 Tuesday.
when Senator Fulton of the COMMITTEES
on Judiciary reported a resolution au'
thorizing the department to bring such
suits and asked for its immediate
adoption. Senator Hayburn asserted
that hundreds of millions Of dollars
would be found to be involved II the
proceeding was made general.
The resolution was generally dis
cussed by senators, 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 resolution, Sem
ator Fulton announced that the de-
partment 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 proceeding.
The resolution also applies to the
grant made to aid in the construction
of 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
violation 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 been admitted before the
of the committee on
judiciary.
Mr.. Tillman explained that he had
the original resolution in
view Of what he had learned while
on visit to the Pacific coast. He
was satisfied that railroads are with
holding from settlement lands worth
millions of dollars.
The propriety and necessity of pass
Ing such resolution was questioned
by Mr.. Foraker.
Mr.. Fulton did not personally be-
ieve the resolution was necessary, but
The encouragement wanted 1t, he
thought it should be passed.
Senator Nelson said the supreme
court had decided that the forfeiture
If such grants could be enforced eth
Dr. in the courts or by congress.
"This resolution" he said, lis mere
y an expression that congress pre-
'ers to have the court take action.
Congress could only declare absolute
'orfeiture but the court Of equity
could say to the railroads that If they
proceed to comply with the terms Of
he grant their grants would not be
orfeited."
Senator Hepburn said the same con-
lition referred to in the resolution
Exists in all land grant states, al
hough only Oregon Is referred to in
he resolution. For 40 years the rail-
'oads, he said, had refused to comply
With the terms of these grants. The
ettler could not proceed against the
ailroads to force them to comply with
he terms of their grants to the land
BECAUSE the proceeding could only be
brought by the government which
ave the grant.
This question" he added, "in-
olives millions Of acres of land worth
hundreds of millions of dollars"
In reply to question by Mr.. Dixon,
Mr., Hepburn said he thought the
anne limitation existed in the land
rant Of the Northern Pacific railroad.