The Oakley herald. [volume] (Oakley, Idaho) 1908-1961, 1912-08-23
Salt Lake and Idaho Railroad Question
May Be Adjusted.
Explains GOVERNMENT ATTITUDE.

The following letter from Sec. Fisher
to Pres. Taft, the latter endorsing, was
received Wed. by w. T. Jack from Sen.
Borah and is self explanatory;
The Secretary of the Interior,
Washington, July ~, 1912.
The President,
The White House,
Dear Mr. President:
Mr.. Thompson's letter of July "a is re-
ceived, transmitting letter to you from
Senator Borah dated July "a concerning
the injunction secured at the instance of
this Department to restrain tt e Salt Lake
and Idaho Railroad Company from COM
pleting the construction of its railroad
over lands within the Minidoka Reclaim
alton proejct in the State of Idaho from
the town of Burley eastward to the east
ern boundary of the reclamation project,
distance of about IL miles
This Railroad is part of the Oregon
Short Line System which has been in con-
troversy with the Department as to anot-
her branch line, affecting the same re-
clamation project, known as the Minidoka
This controversy resulted in suit in
equity by the Government against the
Minidoka and Southwestern Railroad
Company in which the points at issue
we're decided in favor of the Government
by the Circuit Court of Appeals for the
Ninth Circuit on September 5, 1911 600
Fed Rep, 4o1y. The company has ap-
pealed from the decision to the Supreme
Court of the United States where the case
is now pending. The same points are at
issue between the railroad company and
| the Government in the injunction suit
against the so-called Salt Lake and Idaho
Railroad Company to which Senator
Borah's letter relates. These are:
n Whether railroad can acquire a
right of way over public lands within a
reclamation project which have thereto
fore been withdrawn from all forms of
entry except homestead entry (the social
ed, secoLd form reclamation withdrawaO
and settced upon by homestead entrymen
who have not perfected title merely by
purchasing such right of way from the en-
trymen without filling with the Secretary
of the interior the application map re-
quired by the Act of March 3, 1875 Us
y la of a n lie
held that the interest of the United States
in the land was not affected by the con-
tracts of the homestead entrymen and
that the railroad must secure right OF way
by application under said statute.
(2) Can railroad company secure a
right of way under said statute by filing
the application map and other papers
therein provided for without the approval
of said application by the Secretary of the
Interior and against his protest. The
Court decided in the negative, saying:
We think the appoval of the condit-
ions upon which the railroad company
may have right of way through the
| lands of an irrigation project is imFos-
eQDY the statute on lle OcCIttdiy Ol lHc
Interior as judicial act to be evidenc-
ed by his approval or disapproval of
the profile map"
The court said further:
"With map of this character before
Secretary of the Interior showing the
contour of the projected line of railroad
through the public lands included in an
irrigation and reclamation project, he
can determine whether the construction
of such a road would interfere with the
project He can determine also whether
suitable provision has been made for
the crossing of canals and other water
ways, and. if not, what provision is re-
qured to preserve the work of the re-
clamation service from encroachment
and impairment All this is clearly in
cluded in the authority of the Secretary
to apI rove or disapprove the profile of
the road"
In accordance with the law as thus
declared the Department required the
Salt Lake and Idaho Railroad company