The Idaho Springs siftings-news., 1908-02-22
LAND GRANTS
TO RAILROADS
PROCEEDINGS TO COMPEL CON-
PANlES TO KEEP THEIR
PROMISES.
FIRST SUIT IN OREGON
MILLIONS OF ACRES INVOLVED
WORTH hUDREpS OF MIL
LIONS OF DOLLARS.

Washinston-The fact that the De-
partment of Justice has made all prep
arations - begin suit to enforce the
terms of government land grants in
the state OF Oregon was brought out i'll
The Senate Tuesday when Senator Full
ton of he committee on judiciary re-
/ ported a resolution authorizing the De-
partment 10 bring such suits and asked
Tor its immediate adoption.
Senator Hepburn asserted that hun
dreds of millions of dollars would be
1-und to be involved if the proceeding
was made general.
The resolution was generally dis
cussed by senate 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 resolu-
tion Senator Fulton announced that the
/ department was ready to proceed and
merely wanted the authority of Con
Grsss 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
I 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 III 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 load& had violated
| the terms ST 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
/ visit to the Pacific coast. He was salts
| fled that the railroads are Withholding
! from settlement lands worth millions of
! dollars.
The propriety and necessity of pass
/ ing such Il 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 Ill
| the courts or by Congress.
This r. solution" he said. "is mereig
an expression that Congress prefers Ia
/ 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 thetI
| grants would not be forfeited.
Senator Hepburn said the same con
| diti0n 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, "involvcs
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