The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1913-05-02
RAILROAD LAND
TO GOVERNMENT
2,OOO,9OO ACRES IN OREGON
AND CALIFORNIA.
Southern Pacific Case Goes
to Court Of Appeals Then to
Supreme Court.

tThe court orders that decree te
entered forfeiting these lands to the
United States government and that
the government recover its costs and
disbursements In this oase
By this simple statement of Judge
WolveTton in the federal district court
at Portland in the presence of few
attorneys. approximately 2,300,000
acres of land stipulated to be worth
$50, 900, 900 and estimated by experts
to have value Of $40. 600, 900 to $50.
600, 900 were taken from the Southern
Pacific company and returned to the
federal government.
While the decree finishes the famous
Oregon and California land grant case
in the lower courts it will be immed-
lately appealed to the circuit court Of
appeals in San Fanoisco. From there
no matter what is the decision, the
case will 60 to the supreme court of
the United States for final adjudioa
tion. This case which was instituted
in 1908 has been one of the most force
fully contested ever brought into the
Oregon courts. The Oregon legisla-
ture petitioned congress to take action
and resolution was passed to that
effect ty the national legislature.
A total Of $4,000 acres of land has
been sold, some for as high as $40 per
acre.
In regard to the Union Trust COM
pany's Intervention, the court ruled
that the trust company, owning $l7,-
100000 mortgage bonds on the lands
and property Of the Oregon and Cal
ifornia system, acquired an interest
with full notice of the conditions at
taching to the grant and could not
interpose the plea of an innocent pur-
chaser.
b. d. Townsend, special assistant to
the attorney general issued statement
today, which he said necessitated the
widest circulation as warning to per-
sons in the various parts of the coun
try who may te solicited to make de-
mand for 100 acres of the land in lit
igatiou upon tender of So. so per acre
to the Southern Pacific company.
Persons. according to Mr.. Townsend,
who make this demand secure no
prior rights to the land applied for.
eff this decision is upheld by the
United States supreme court, the lands
will revert to the United States gov
ernment and before they can be opened
for settlement it will be necessary for
either congress to enact law throw
ing them open. or for the president to
do so through proclamation. 1t will
be two yaaIs before final decision is
rendered by the supreme court and
it is not certain. by any means. that
the lands will be Immediately thrown
open after the decision is rendered
should that decision, as stated atove,
Ee ia the governments favor.
"This decision affects not only set
tiers who may he induced by interest
ed parties to make demands upon the
company in future or who may go on
to the land and hope 10 secure prior
lien by prior settlement but also hun
dreds of persons who have been in
duoed by lawyers to pay them from
5000 to $3.50 each on promise that the
tender of money to the railroad COM
pany during the pendenoy Of the suit
would insure them prior claim in
case the decision was against the
company"
Mr.. Townsend said that "these per-
sons have thrown away their money,
as there can be no lien secured until
after final action and adjudication of
the case.
"The victims of the promises made
by the lawyers, continued Mr..
Towsend, ''live in various parts of this
country and Canada while in other
instances persons have gone upon the
land and made their homes there un-
der the belief that 1t will be theirs
when the case is finally determined.