Daily capital journal. (Salem, Oregon) 1903-1919, 1915-12-08
WEST CALLS TIDE
LANDS into 0. &C.
LAND CONTROVERSY
Ex-Governor Fears Railroad
Plot to Acquire Title To
Pacific Ocean

Slnee the matter of taxation is a
vital issue in the settlement of the O.
T. G. land grant controversy ex-Gover-
nor Oswald West today addressed a
letter to the state tax commission rela.
tive to the tide lands in Lincoln coun.
ty. The letter is self explanatory and
follows in full:
Gentlemen: While serving as pub.
he official l initiated movement to
save to the state the tide and marsh
lands OF Lincoln county, which waste.
ful legislature in early days had grant
ed to the predecessors of the Coryal
Us d Eastern Railroad company, now
the Southern Pacific company. A test
case was brought and fought through
our state courts and an appeal was
taken to the United States supreme
court, but judicial respect for vested
rights was too strong and title to this
valuable body Of land was confirmed
in the railroad company.
''The railroad company has never
paid taxes on these lands and when this
point was brought to public attention
and agitation started with view of
having-them placed on the tax roll, de-
lay was secured by reason of the pend
ing suit to determine the question of
title. But now that the matter has been
settled and in favor of the railroad
company, no further reason exists for
failure to assess and tax these proper
ties
The value of the lands is inestimable
for they are the gateway to ocean COM
merce. That the railroad deems them
of great value. goes without saying
and there is no reason why taxation
should be further delayed.
The facts are that the railroad is
playing fast and loose with the public
1t has filed with the assessor of Lincoln
county an alleged list of part of its
holdings, but in most cases the lists
cover lands that are being occupied and
used by private owners, and its obvious
purpose in offering to pay taxes on
these tracts is to defeat the private
titles therein. But for large areas of
unoccupied tide and marsh lands on
'Yaquina and Alsea bays and their trib-
utaries, which it claims to own and to
which in any other than tax proceed
ings great value would be attached, 1t
is making no return to the assessor.
In view of these circumstances be-
lieve your honorable commission should
take steps towards having these lands
placed on our tax rolls. The plain citi
zen when he buys tract of tide land
from the state is compelled to submit
to assessment and taxation. Why, there
fore, should this magnificent grant to
the railroad stand exempt2
"A great deal of sympathy is be.
ing wasted on this same railroad in
some quarters today, over the losses it
is said to have sustained in connection
with the taxation of the 0. & G. land
grant. Some of the energy now being
applied in this quarter would better
serve the people if devoted towards
seeing the railroad nay its fair share
of the taxes ON its Lincoln county hold
ings.
1.-THE railroad company claims the
ocean beach as part of its grant. have
always been, and am now, firm in my
belief that it was not intended that ~
grant should cover the ocean beach and
this point should be kept in mind and
given due consideration in placing the
lands on The assessment roll otherwise
the company might, through asserting
its claim to the beach and paying taxes
thereon, so intrench itself as to be chic
to prevail upon some friendly legisla-
turc to confirm its title.
"Nor should the rights Of the upland
owners along the bay be overlooked for
the railroad is claiming many acres now
held by these shore owners through pa
tent from the federal government.
"When the lands, the company right
fully owns, are listed for taxation the
collection of the back taxes should be
promptly undertaken.
Trusting that these matters will re-
ceive your careful consideration, and
that such early action will be taken as
the circumstances may justify, l am,
"Yours respectfully,
"OSWALD WEST"