Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-04-25
In Every Contention IN the
Oregon Land Cases.
II This Decision Is Upheld BY
The Supreme Court
Land from 100000 to SIS,
100000 Will Be Opened.

Portland, Ore, April 24-Federal
Judge Charles f. Wolverton decided to-
day that the Southern Pacific and the
oregon and California Railway Cos,
must forfeit to the United States gov
eminent about 100000 acres of land
| which is valued at $40,000000 to $75,-
| 100000. The case will probably be APP
| pealed.
Interpreting the act of Congress
granting the land as an aid to railway
| construction the court held that Con-
gress intended that this land should
be sold to bona fide settlers in tracts
of not more than Is acres to one in
dividual and at price not exceeding
$3.50 an acre.
Although he decided in favor of the
government Judge Wolverton decided
| against the 5000 individual interyeners
in the case. He held that they had
acquired no right whatever, either by
settling on the land or by rendering
the maximum sums specified by the
| law. The effect of this portion of the
decision is that the lands cannot be
procured by any individual until the
| President or Congress again opens
them 20 entry. The 81 entrymen who
had gone upon the land as settlers be-
fore the suits of the government began
| also lose their claims and gained no
advantage whatever by their period of
settlement.
In brief the question raised by the
Southern Pacific Pacific Co, was
whether Congress had the power to
make a subsequent act precedent to the
rights conferred in an original grant.
The suit was instituted in 1908 by At
torney General Bonaparte on receipt
Of a memorial by the Oregon Legisla-
ture to Congress that the Southern
Pacific Co, successor to the oregon K
California Railway Co., had forfeited
it's rights to a grant of land in Oregon
and Washington. The company was
said to have refused to sell the land
as provided in the grant.
If this decision is sustained by The
United States supreme court in Ore
gon lard in Oregon valued at from
$40, 00o, 600 TO $75,00o,0O0 will revert to
the government probably ard will be
opened to settlers.
In 1886 Congress granted 10 the Ore
gon Central Railway Company a tract
through the heart of Oregon, COM
prising what is now some of the rich
est agricultural and most valuable
timberland in the state.
The consideration for the grant was
an agre ernent to construct a railroad
north and south over what is now
the Southern Pacifc's Oregon divis-
ion OF the Shasta route.
The grant of 1866 contained no re-
quirement that the lands included in
it chould be sold in any specific guam
tity nor al any specific price per acre.
In 1868 however. the company APP
peared before Congress. petitoning
for an extension Of time in which to
construct the road and asking that il
be granted 10000 additional acres of
land
Congress extended the time as pc
titioned and granted the additional
land but apparently realizing its
omission as to manner of sale. it at
tempted to embody as part Of the
entire grant the condition that the
land be sold in 100 acre tracts to bona
fide settlers. at a consideration not
to exceed $3.50 per acre,
Another extension of time was
granted the road two years later I'M
der what is known as the grant of
1870.
During the seventies the Oregon
Central Railroad Company and the
road was built.
Until late in the eighties, when the
Southern Pacific absorbed the Oregon
| and California, the terms vi the 1863
| and 70 trace it's title to the act of
1856 in conjunction with the extern
sion secured under the act of 1870. In
other words, it declined to sell the
granted lands in tracts of 100 acres
and az the rate of $3.50 per acre. The
| land at present held by the company
| amounts to more than 1000, 600 acres
and the value is estimated at between
| 100000 600 and $75, 000000