Rogue River courier. (Grants Pass, Or.) 1886-1927, 1911-04-28
FINAL SETTLEMENT WILL Bn
DELAYED MANY MONTHS
JOSEPHINE COUNTY LAND
II Government Finally Wins All
Timber Tracts Go to For.
est Reserve

PORTLAND, April 24.--In its
suit for the recovery OF 100000
acres of land, valued at 1000, 900,
from the Southern Pacific railroad,
Judge Wolverton, In the United
States circuit court today rendered a
decision finding for the government
In every contention.
The land Is located In western and
southern Oregon and follows the line
of the railroad through the southern
part of the state. The decision pur-
poses throwing out of court both the
cross-complainants and intervenors
In the suit, which include 65 settlers
who claimed rights to portions Of the
land involved In the action.
The court overruled the demurrer
OF the Oregon & California railroad.
a part of the Southern Pacific to
the governments complaint and sus-
tained the demurrer OF the railroad
company to the cross-complaints Of
the actual settlers on some Of the
land In uestion--known as the ''Laf-
ferty intervenors--and also all In
tervenors who came into the suit at
ter filing of the governments COM
plant"
Attorneys for the Southern Pacl-
fic have not yet determined what ac-
tion they will follow, but II is expect-
ed that the case will be carried to
the United States court. William D.
Fenton, chief counsel for the railroad,
said he was confident that the rail-
road would finally win. He said the
decision reduced the question to one
between the government and the
railroad.
The decision comprised $4,000
words and II required three hours to
render It.
When congress gave the land grant
to the Oregon & California railroad.
since absorbed by the Southern "a
ciflc, It provided In the grant that
the company should sell II to actual
settlers In tracts not to exceed 100
acres to each settler and at price
Oh not more than $3.50 an acre. This
was done with view OF bringing
about a rapid settlement OF oregon.
The government alleges, however.
that as much as 1000 acres OF land
was sold to single individuals In d.
'lolation OF contract. and the
government In september OF 1908
took action asking for cancellation Of
the patent OF the tract,
Previously, A. w. Lafferty, now
congressman, had filed a suit against
the company that the title be given
TO 65 persons, who asserted they had
settled on the tract and had been re-
fused title. In It's action the govern
ment included these people In It's suit
for recovery
The suit IL based upon two grants
TO the Oregon g. California railroad.
'.he first grant was made In 1866 and
'6S and go; the second In 1870.
These gave The railroad the right to
every other section Of land on each
side OF lts right of way, provided the
line had actually been constructed
There was not much sale for the
lands until after the panic OF 1893,
when the railroad company raised It's
price TO $40 an acre. This was after
the Oregon & California had been alb
sorbed by the Southern Pacific,
Special Prosecutor Townsend, In
charge OF the governments case. de-
clared that this was violation OF
the articles OF the grant, while the
railroad attorneys asserted that the
government had no right 10 stlpulate
no mint nrfca 4ho linda wara IN nolI