Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-19
The TITLES
ARE HELD
TO Be GOOD
JUDGE GALLOWAY DECIDES SUIT
INVOLVING 100000 ACRES OF
LAND-TITLES OF SETTLERS
ARE HELD GOOD BY HIM.

Albany, Ore, Jan. 19.-That the
titles to all that part of the big Ore
gon & California land grant not actu-
ally attacked in the present govern
ment suits for forfeiture is good, was
the ruling of Judge Galloway in de-
Gliding the case of William George vs..
the Curtiss Lumber company, in the
state circuit court here yesterday.
This decision is of far-reaching eff
feet, as 1t validates the title to about
100000 acres of land, worth at least
$15,OOO,OOO and held by about 5000
different purchasers. The case will
be appealed to the United States SUI
preme court.
Included in the land title to which
is indirectly involved in this case is
most of the town of Mill City, part of
the city of Brownsville, thousands of
acres of improved farming land, and
large areas of valuable timber land,
all lying IN western oregon.
Small Holders Immune.
This case is the first one ever
brought in the entire country which
raised the question of the validity of
the titles Of that portion of the grant
not involved in the government suits
for forfeiture. The government suits
attacked only that portion of the
grant which was sold In tracts of
1000 acres or more, and the officials
of the department Of justice have
given assurance that the holders of
smaller portions of this grant would
never be attacked.
In this suit the attorneys for the
plaintiff manifested that these assur
ances of government officials made
the titles to that portion of the grant
not attacked in the government suits
valid. But the Curtiss company
argued that present government Off
cials cannot bind their successors, and
that, should the decision of Judge
Wolverton, in the federal court at
Portland, be affirmed in the higher
courts, and the government win its
cases, the smaller portion Of the
grant would also be subject to for
feiture, and that the title to the entire
grant would become unmarketable.
Townsend Repeats Assurance.
The case was tried here on Decem-
ber Is last B. D. Townsend, special
assistant encouragement of the
United States, who is in charge Of the
prosecution for the government cases,
was the principal witness, and in his
testimony he repeated the assurance
that it was the policy of the govern
ment not to attack the holders of
small tracts.
Judge Galloway took the case under
advisement at the conclusion of the
trial, and in announcing his decision
yesterday he held that the assurance
Of government officials in this mat
ter are such that the titles to that
part of the grant not attacked in the
government suits are marketable.
"The fears that some future ad-
ministration may change the wise and
humane policy Of the present depart
ment of justice are groundless and not
sustained by any fact, theory or prec-
edent in the history Of our govern
ment's land policy said Judge Gallo
way, in announcing his decision.
"To apprehend reversal Of this
wise and just policy, because forsooth,
the personnel Of the government Of
ficlals will be changed, is simply to
disparage and express lack Of con-
fidence In our government. Human
nature, common sense and honesty,
with a consciousness in the integrity
of the government in its relations to
the citizen will be relied upon to pro-
tect those purchasers Of small tracts
oP Granted railroad lands"