Heppner gazette. [volume] (Heppner, Morrow County, Or.) 1892-1912, 1910-06-09

iand cap able OF supplying homes
more than l9, 900 families attacke
bv the Government, the United State
Courtroom was yesterday a point q
interest to dozens Of citizens eager {
ascertain what step would follow tn
filing Of an 829-page briet in suupor
of the contention that the land
granted by Congress shouli ! be gives
a beneficial use.
Begun in 1908, the effort of the
Government to revert title to th,
lands or compel compliance with the
acts of Congress BY which the Ore0ou
& California Railroad Company
secured subsidy of 3 800 900 acres.
is standing upon a demurrer to the
complaint.
Represented BY w. D. Fenton. the
Oregon e. California Railroad Com
psny, the Southern Pacific Company
and other defendants we're yesterday
granted 60 davs in which to prepare
and file a reply brief.
eActusl settlers on the subsidy lands
which have been withheld from sale
by the railroad companies are already
on record with brief filed in Sep
tamher, 1909. by their attorney. A.
W. Lafertv
Other intervenors recognized bv the
court will not be able to secure time
after this date for preparing briefs.
The original ruling made by Judge G.
E. Wolverton gave their representa-
tives the same time that should be
utilized bv the Government in prepar-
ing brief Under that ruling the
issues will be closed when the rail-
road brief shall be placed in the hands
of the court.
Actual settlers on the railroad
grant. extending in a strip SO miles
wide from the Columbia River to the
northwest boundary Of California. who
have attempted to become permanent
residents of the Willamette and
other rich valleys, are not at this
time largely concerned in the outcome
of the suit. say their attorneys. OF
the 60 squatters who joined in the
original suit to compel the sale of
the lands, only IL have withstOOd
the delays incident to the hearing.
and are still in possession of their
claims. The remainder have either
abandoned their claims in favor of
other localities in the state, or have
Joined the "Pinchot exodus to
Canada and other more favorable
places of residence.
B. D. Townsend. special prosecutor
for the United States in the pending
action. is on his way to Oregon. he
will join John McCeurt, Unitei States
Attorney for this district. at Mime
apolis, early next week, and after q
on the salient features
Of the litigation will reach Portland
1urinR the latter part of the week.
The brief filed by Attorney Town
;end charges that the Southern Pacific
Company, as successor to the IandG
granted the Oregon & California. has
treated q monopoly of production in
Oregon, as we'll as in matters pertain
ng to transportation.
The normal commercial and indus
rial development of the territory N
which the unsold lands are situated
las been seriously retarded il not
checked said the Assist
int Attorney General.
After recounting the manner in
which Congress granted 8 800 .0O0
lcres to the railroad company. tbs
Government brief AYERS that SOC sales
we're made by the bene fioiaries of ths
.rants. 1876 of the sales being for
Quantities of land in excess of I60
Icres to each person, and for more
han $3.50 an acre as limited by the
erms of the grants.
1.-THE exact quantity of land sold
5 S9.9 .927 acres" argues the attorney,
and the total price received for
hat land was 81, ,97O.273. 50. In sddi-
ion to this. from the leasing Of land.
ale of timber, and forfeitures Of
performed contracts Of sale,
pecuniary benefit Of several hundred
thousand dollats has been realized
" the company, the exact amount Of
rhich is unknown.
This method of sailing the lands
las continued until about one yeae
fter the Southern Pacific became Q
art of the Hartman lines. Or
anuary / 1903, there remained uH-
old 2.3IS 900 acres of tie Patented
lnds and the large acreage to which
he Southern Pacific Company has
OF yet received a Datent from t1Is
iov arnment. On that date sll of
hese unsold lands were withdraw
rom sale. and the railroad company
as since refused or otherwise, al
Rough thousands Of applications lave
cen made by parties desiring to Use
ie landst for purposes Of sctua
sttlement.