Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1909-02-05
SHOULD BE PROTECTED
L. Gerlinger Believes Land Grant Suits
Ought Not to Jeopardize
Industrial interests.

| AhtCACotos
In statement made recently to the
Oregonian concerning the suit Of the
United States against the Oregon and
California Railway in the matter Of
the railway land grants, L. Ger
linger, of Portland, president of the
Salem, Falls City & Western Railway
Company, who has purchased for
himself and the companies he repre-
sents, large tracts of the railroad
land, declares that these purchases
were entirely innocent of intention or
attempt OF fraud. He says that the
sales of timber land to lumber COM
panies has developed great industry,
one which should by all means be
protected and that the government
has itself long recognized the validity
Of the railroads title to the granted
land, through its attorneys and land
department Mr.. Gerlinger's state
ment in part is as follows:
without attempting the legal ques-
tion involved in the suit Of the gov
ernment againt purchases Of land in
the railroad grant, there are some feat
ures of practical nature with which
I am acquainted and to which I de-
sire to call attention.
"About two years ago the railroad
company began to refuse to sell any
Of the granted lands. This withdrawal
led to complaint by the people of
Oregon and demand for the forfeit
ure of the lands.
"This complaint has served to call
attention to other matters connected
with the granted lands and has 1e-
suited iu the creation of a situation
calculated to do enormous injury and
work serious injustice to the individ
uals engaged in the lumber industry
of the Western part of the state and
indirectly to the state as a whole.
For many years the title to all Of
these lands was without question. The
purchases thereof were made in good
faith by those interested in the tim
ber lands and in the sawmill indus
try in all parts Of the United States.
The people paid their money for the
timber, built their mills, logging rail-
roads and other appurtenances and
for many years have been building
up their industry until today it furn-
ishes employment for more men in
the Willamette valley than any other.
"Whatever the legal presumption
may be regarding innocence or the
contrary, as a matter of fact present
holders are innocent. The reason for
that statement is this: When a GER
tain titles or class of titles has been
transferred again and again, passed
upon by lawyers, confirmed in every
way possible, and particularly when
the Government as the original paten-
tor has apparently recognized it, no
individual hesitates to accept such
title.
"These lands in question have been
on the market for nearly 80 years and
patents have been issued from time to
time. furthermore, the government
itself has accepted these patents thus
confirming their validity in the minds
of the people.
"The Oregonian has published a
partial list OF purchasers of railroad
lands. This list, however, includes
only the larger purchasers. There
are thousands Of farmers and small
sawmill people who purchased over
100 acres who no doubt are all in-
cluded in the suit the government is
bringing against purchasers in good
faith.
This will unquestionably result in
great loss to the present holders Of
these lands and will tend to retard de-
velopement in Western Oregon ga no
one in a milling business, based
upon these lands, will feel justified in
spending more money or continuing
the development OF them.
''The purchasers of these timber
lands did not profit at all by the pur-
chases per Sc. They paid full value
for them at the time of purchase and
they bought them at the market price
and paid the railroad company the
money.
"As everyone must be aware, the
greater portion Of this grant would
not support human life. The only
way 1t could be kept TO use would be
TO sell it to the men who would put
sawmills upon 1t, put in railroads and
perfect lumber manufacturing enter
prise.
"The people Of this country consti-
tute the government and the pur-
asers Of these lands in question are a
a part OF the people. They, therefore,
should be protected by the government
instead Of harassing them In their
enterprises which gives employment
] a.. tAo..gurIa