Rogue River courier. (Grants Pass, Or.) 1886-1927, 1913-05-02

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ltimony that has been taken.
The vital question now is as to
the conditions OF the grant. coun-
sci on both sides have stipulated as
to these facts:
THAT from 1896 to 1908. the Ore
gon and California Railroad company
sold and disposed OF some of its lands
TO persons not actual settlers in
quantities exceeding 100 acres. In
several instances the company sold
lands in quantities from 1000 to 2O,-
900 acres at prices of from s5 to 500
per acre In one instance s35 an
acre was paid, and in another In
stance $4,000 acres was sold at 81
an acre.
1T was further stipulated by at
torneys for both sides as to the fact
that January l the railroad with
drew from sale all LANDS OF the
grant. Since January l, 1908, per-
sons exceeding 1000 In number ap-
piled to the railroad company to pur-
chase unsold lands, such claimants
10 be homesteaders. They were will
Ing to pay $3.50 an acre. After jan
uary /, 1908, the company refused
and still refuses to sell those lands,
claiming that all Of them are es-
sentially timber lands not suited to
settlers.
IF the company violated these
conditions OF the grant, that land
should be forfeited These stipula-
tions show that the company did vio-
late those conditions by selling at
higher rate than $3.50 an acre. and
in quantities larger than 16O acres
to one purchaser. 1t was also a vio-
lation in the withdrawal.
These show a clear violation OF
the law and the company put itself
in a position where the government
should declare that the land is for
feited.
Other questions that have arisen
in this matter are subsidiary. The
court has determined these questions
on the demurrer and the issues have
not changed in the least
So far as the Union Trust com
pany is concerned, it seems to the
court .ha: :he grant of the company
carries on its face what 1t is. Peo-
pie in dealing with the grant must
notice what its terms are. The
Union Trust company knew of these
conditions when It assumed the mort
gage"
Since 1908, a great many applica-
tions have been filed for purchase of
these lands remaining unsold, the
applicants basing their action upon
the expectation OF a decision adverse
to the railroad company, and the
hope that the government would
order the original terms of the grant
complied with In this event the ap-
plicant would purchase the land in
tracts of not more than 100 acres at
a price of $3.50 per acre, sale to be
made to bona fde settlers only. The
hopes of these applicants are dashed,
however, under the Wolverton decis-
lon, as he orders that the cases of
the intervenors, (the applicants for
purchased, be dismissed.
What disposition the government
will finally make Of the lands when
the case is finally decided is not
known, but more than likely they
will be opened to purchase or settle
ment as the later Indian reservations
have been opened, either through
purchase at a fixed price or by lot
.ery, The method is not so essential
Is the putting Of the lands to pro-
iuctive uses Locally these lands
ldjoin the city OF Grants Pass.
Throughout the county great tracts
lave been held and development re-
arded. The putting of these acres
ntO the hands NJ SETTLERS will ha tba