The Oakley herald. [volume] (Oakley, Idaho) 1908-1961, 1912-08-23

toner's aliedRe that they have put in
crops and are dependant upon the
railroad to move them, and they
therefore protest against the suit
which has delayed the completion of
railroad construction. 1t is to be
noted that these entrymen have pro-
tected themselves by receiving pay
ment from the railroad of the estim-
ated reclamation building charge.
Other entrymen whose entries are
not touched by the railroad have no
such protection and the position TAX
en- by the department is in their in
terest.
appreciate keenly the general
public interest in having this road
completed at once, and | would ap-
prove any arrangement which would
enable this to be done without injury
to the public interest. An attempt
was made to cover the matter by sti-
pulation and stipulation was agreed
upon between the representatives, Of
the Reclamation Service and the rail
road company, but the railroad COM
only protest against it but declar-
alton that It was not bound by it. l
am now advised through Senator
Smoot and the Secretary of the Salt
Lake Commercial Club that the COM
pany will give bond to comply with
the terms Of the ultimate decree of
the courts in the suit now pending
/ Il Ill,
that this is the proper method of
procedure as it would be difficult, if
not impossible, to submit to the court
in that suit the various matters men
toned above. The real question is
whether the railroad company must
secure a permit from this Depart
ment before constructing line, and
this company should not be permitted
to gain any advantage by having fail
ed to comply with the law as laid
down by the United States Circuit
Court of appeals.
If a permit is necessary this Depart
ment would regard it as proper to
require the railroad company to pro-
vide the crossings necessary for fut-
We canals and laterals. A reservat-
ion for this purpose is imposed on or
binary land owners under reclamation
projects and | see no reason, why the
railroad company should be given
greater consideration. To require
the Government to construct and pay
for such crossings imposes consider
able financial burden and frequently
if not usually, leads to controversy
and friction. | understand that un-
successful negotiations have been
pending for year with the Oregon
Short line with respect to a crossing
contract which other railroads are
accepting. | have no desire to re-
quire he railroad to take a right of
way wider than 100 feet if a greater
width is not necessary and if the mar
rover width can be accepted under
the law. But Congress has had to
pass special act at this present ses-
sion to clean up some Union Pacific
titles involving very similar question.
IS to the payment of the reclamation
building charge on the right of way
the Government would be aSwell sat
isfied if this charge will certainly be
paid by the settlers with whom the
railroad company has been dealing as
if paid by the railroad, but l.know of
no way in which this can be assured.
am referring the entire matter
to the Law Office of the Department
with ins tructions to make any ar
rangements with the railroad COM
pany which will enable the interests
of the Government and of the settlers
to be protected while at the same
time permitting the railroad company
to litigate such legal questions as it
disputes. / am also wiring the coun-
sci for the railroad to expedite mat
ters by sending to Washington a
representative authorised to agree
upon proper stipulation.
Yours respectfully,
WALTER l.. FISHER
Secretary.