The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1911-04-28

FEDERAL JUDGE wolvERToN
LANDS DOWN SWEEPING DE-
cIsIoN IN BIG CASE.
:. Sustained by Highest Court, Gov
lament Will Recover Land Valued
II From Forty to seventy-f've Mil
,;ons-squatters Also Denied to
Have Gained Any Title.

,,doo charles Wolverton has decided
IN favor of the government every con-
,ontion made by it in it's answer to
.ho demurrer of the Southern Pacific
comnany in the so-called 20. and c."
land GRANT case. The effect of this de-
o;sion will be that if it is sustained by
tho supreme court of the United
Ctotes land in this state valued at
from $4,000, 900 to $75,00O,00O will re-
WORT to the government and probably
will be opened to settlers.
While deciding in favor OF the fed
oral government, Judge Wolverton de-
cided against several thousand inter-
vonors in the case He holds that they
have acquired no right whatever by
either settling on the land or ten
dering the maximum sum per claim
specified by law. The effect OF this
norton of the decision is that the
GRANT lands affected cannot be obtain
cd nv any individual, until the presi-
dent or congress again opens it to en-
try or sale.
Entrymen Lose Title.
The sixty-seven entrymen who had
gone upon the land as settlers before
the suits of the government were COM
menced also lose their claim and are
held to have gained no advantage
whatever by their period of settlement.
Something more than 5000 interven-
ors have filed applications to get q
portion of the land, but their supposed
rights are brushed aside, leaving the
entire tract open to disposition by con-
gress as if it never had been offered
to the railway interests as grant.
The question, in brief, raised by the
Southern Pacific Company was wheth-
er the federal congress by subse-
uuent act, has the power to make said
act precedent the rights conferred in
an original grant.
Suit Started in 1908.
The present suit was Instituted in
1908 by Attorney General Bonaparte,
following a memorial by the Oregon
legislature to the federal congress that
the Southern Pacific Company, sue
cessor to the Oregon & California
Railway Company, had forfeited its
rights to a grant of land in Oregon
and Washington, that provided that
such grant should be sold to bona fide
settlers in tracts not to exceed 100
acres each and at price not to exceed
$3.50 per acre.
The company was said to have viO-
lated the provisions of the grant by
refusing to sell the land as provided in
the grant. The case dragged along
through the past three years, though
the demurrer that yesterday was de-
cided was filed shortly after the suit
by the government was instituted.
Grant Made in 1866.
In 1866 congress granted to the Ore
gon Central Railway Company a tract
through the heart of Oregon, compris-
ing what is now some of the richest
agricultural and most valuable timber
land in the state. The consideration
for the grant was an agreement to con-
struct railroad north and south over
what is now the Southern Pacific'sa Ore
gon division of the Shasta route.
The grant of 1866 contained no re-
qulrement that the lands included in
II should be sold in any specific guam
tity nor at any specified price per
acre.
In 1869, however, the company ap-
peared before congress, petitioning an
extension of time in which to construct
tne road, also asking that it be grant
ed some 10000 additional acres OF
land.
Congress Puts in Condition..
congress extended the time as petit
uoned, and granted the additional
land' but apparently realizing its
OMISSION as to manner of sale, it at
tempted to embody, as a part Of the
entlre grant. the condition that the
iand be sold in 160-acre tracts to bona
hoe settlers at a consideration not to
exceed $3.50 per acre.
another extension of time was
granted the road two years later I'M
oer what is known as the grant OF
io'o' lime was the only essence Of
the 1870 act.
During the 7O's the Oregon Central
was succeeded by the Oregon & Cali
lornla Railroad Company and the road
was built. Until late in the sos or un-
I'll the Southern Pacific absorbed the
oregon & California, the terms Of the
1853 grant was adhered to.
Refuses to Sell Land.
After that date. however, the South.
e,n Pacific appears to have elected ia
ABANDON the additional rights obtained
Under the act of 1868, and to trace its
si.le to the act OF 1866, in conjunction
WIN the extension obtained under the
action of 1870. In other words. 1t de.
.Ined to sell the granted lands ii
s sfacts OF 100 acres and at the rate 81
$3.50 per acre.
Inc land at present held BY the
company amounts to over 2,0O0, O0G
aoleS and the value is estimated 81