Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1908-02-19
Title to MilliOr # Acre, t Yet
& Gd.
gEuATv nrph r. crT< ~
SENATE
Resolution Presented b. ar. FulEs
Brings Up Legal I ~ :
MR.. FORAKER DOES mon Know
OhiO Senator Doubts the Propriety
or NeceSsity of Passing n ResO-
IutiOn-TiIImam Talks
OF Conditions.

WASHINGTON. Feb. 1s.-The fact that
the Department Of Justice has made all
preparations to begin a suit to enforce the
terms Of government land grants in the
state of oregon was brought out in the
senate today when Senator Fulton OF the
committee on judiciary. reported a resolu-
ton authorizing the department to bring
such suits and asked for its immediate
adoption Senator Hepburn asserted that
hundreds OF millions Of dollars would be
found to be in volved If the proceedings
were made general,
The resolution was generality discussed
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. Dur
ing the discussion OF the resolution, Sena-
tor 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 aga nst
the legality OF the proceedings.
The resolution also applies to the grant
made to aid in the construction Of a tele-
graph line from Portland to Ontario and
McMinnville Ore. under the act of May
4. 1870 The resolution authorizes the at
torney general to ascertain and enforce all
the rights existing in favor of the United
States II 1t appears that the lands are for
feited to the United States by the viola
tion of the conditions of these acts
Senator Fulton said there was no ques-
tion but that the roads had violated the
terms of these grants as the violation had
been admitted before the subcommittee of
the committee on judiciary.
Land Withheld from Settlers.
Mr.. Tilman explained that he had intro
duced the original resolutions in view of
what he had learned while on visit to the
Pacific coast He was satisfied that rail-
roads are Withholding from settlement
lands worth millions bf dollars.
The propriety and necessity of passing
such a resolution was questioned by Mr..
Foraker.
Mr.. Fulton did not personally believe
the resolution was necessary, but the at
torney general wanted 1t he thought It.
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. sis merely an
expression that congres prefers to have the
court take action. Congress could only
declare absolute forfeiture, but the court
Of equity could say to the railroads that II
they proceed to comply with the terms of
the grant their grants would not be for
feited."
Condition I'm other States.
Senator Hepburn said the same condition
referred to in the resolution exists in all
land grant states, although only Oregon is
referred to IN the resolution. 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 force them to comply with the
terms Of their grants to the land, because
the proceeding could only be brought by
the government which gave the grant.
'"This question" he added. involves mi
lions of acres of land worth hundreds OF
millions of dollars
In reply to a question by Mr.. Dixon, Mr.
Hepburn said he thought the same limlta-
tion existed in the land grant OF the Nor
thern Pacific railway. Senators Dixon
Fulton and Nelson did not agree with him
in that statement