The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-04-25
Southern Pacific Loses Title to
Vast Tract in the Heart
of Oregon.
INTERYEN0RS in THE
SUITS HAVE NO RIGHTS
Important Decision by Federal
Judge Charles WOlyerton
at Portland.

PORTLAND Or. April 24.-Federal
District Judge Charles j.. Wolverton de-
cided today that the Southern Pacific and
the Oregon e California Railway COM
panies must forfeit 10 the United States
government about 100000 acres of land
which is valued at from $400oo.000 to
S75. .OO0, 900
Interpreting the act OF congress grant
Ing the land as an aid to railway con-
struction, the court held that congress
intended that this land should be sold to
bona ndc settlers in tracts not greater
than 100 acres to one individual and at
a price not exceeding $3.50 an acre.
Every contention raised by the railway
company has been defeated in its fight
with The government
While deciding in favor of The federal
government. Judge Wolverton decided
against the several thousand intervenors
In the case. He held that they had ac-
quired no right whatever, either by set
tling on the land or by rendering the
maximum sum per claim specified by law,
The effect OF this portion OF the decision
is that the grant lands cannot be pro-
cured by any individual until the presi-
dent or congress again opens them TO
entry or file. The sixty-seven cntrymen
who had gone on the land as settlers
before the suits OF the government We're
held to have gained no advantage what
ever by their period OF settlement.
More than 5000 in'ervenors have 1iled
applications to get a portion Of the land;
but their supposed rights are brushed
aside. leaving the entire tract open 10
disposition by congress as II 1T had never
been offered to the railway interests as
IL grant,
Contention of Railroad.
In brief the question raised by the
Southern Pacific company was whether
the federal congress. by SUBSEQUENT act
| had the power to make said subsequent
| act precedent OF the rights conferred In
| an original grant,
The present suit was instituted in 1905
| by Attorney General Bonaparte followins
IA memorial by the Oregon legislature to
| the federal congress that the southern
| Pacific company. successor to the oregon
e California Railway company. had for
| fcited its rights To IA grant OF land IN
| Oregon and Washington, which provided
that such grant should be sold TO bona
| de settlers In tracts not To exceed 100
acres each and at price not to exceed
s. 30 per acre.
The company was said TO have violated
the provisions OF the grant by refusing
! To sell tho land as provided in the grant
| The case dragged along through the last
| three years. though the demurrer which
was decided today Was filed shortly atter
| the suit b. the government was insti-
| tuted,
Land Granted in 1866.
| In 1866 congress granted TO the Oregon
| Central Railway company tract through
| the heart OF Oregon. comprising what liz
now some OF the richest agricultural and
most valuable timber land In the state.
| The consideration for the grant was an
| agreement to construct IL railroad north
and south over what is now the southern
| Pacific's Oregon division of the Shasta
| Route.
The grant of 1866 contained 10 require
mcnt that the lands included in II should
| be sold in any specific quantity nor at
any spccific price per acre
| In 1868. however. the company ap-
pcarcd before congress. pctitioninE for an
| extension OF time in which 10 construct
| tho road and asking that ii be granted
| 20. 900 additional acres OF land.
Congress extended the time petit
| toned and granted the additional land,