Daily capital journal. (Salem, Oregon) 1903-1919, 1915-09-17
Will Ask Congress To
Enforce Land Grant
Continued from Page oue.l

occupied the place on the program
which was to be given to r. A. Booth
who was unable to be present. Mr.
Bean spoke in behalf of the different
counties of the state in which these
,oilroad lands were located.
s.Eariy settlement and taxation of
these lands is the paramount issue, ("
said Mr.. Bean. In Lane county 40 per
cent of the land pays the taxes on the
entire county and contributes toward
tbe state taxes and runs the county
Government. We have our share of
forest reserves and not one acre of
this land should ever go under control
of the forest reserves, We have enough
of government ownership of land. We
want the lands settled and put on the
tax roll
=. +. Dunn, a Southern Pacific att0r-
nev from San Francisco, presented the
side of the railroad in the present con
troyersy, and at the beginning of his
talk reviewed the history of the rail
road land grants. The land was grant
ed to the railroads, Mr.. Dunn said. in
order that it might cease to be public
domain and might become tax bearing.
When, by the terms of the grant, the
railroad was forced to accept other
lands in lieu of the agricultural lands
within 10 miles of its tracks on either
side. the company took lands in the hills
and mountains. This was back in 1866
and again in 1870. Then the timber
was small and practically valueess but
with the growth of the timber industry
the lands had become valuable timber
lands and then in the guise of "actual
settlers certain interests had become
lands at the rate of $3.50 an acre or
5hout 84OO per quarter section.
''NO one had ever questioned the title
of railroad companyeto these lands and
for 40 years the company had been sell
ing these lands at prices i'll excess of
$3.50 an acre and in excess of 100
acres in one lot. Then the right was
questioned and litigation followed and
Judge Wolverton ruled that this condi-
ton of $3.50 an acre and single quar-.
ter sections, became a "cOudition sub
soquent" according to the ruling of
Judge Wolverton If this condition sub.
Fequent were not observed tie lands
might be forfeited and revert back to-
the government"
"'The railroad holds, however, that
the conditions imposed in the grant was
not a condition subsequent and the
supreme court has ruled that it was sim
ply IAN agreement and If :he railroad
did not keep this agreement when sell.
ing the lands it simply was not allowed
to sell them but the title was never
questioned through 40 years of dealings
which were reported 70 congress SENT
annually in due form"
''There are two points [ want yon
gentlemen to get clearly and that is
that the absolute title rests with the
railroad company and again if the rail
road sells these lands instead of holding
them it must sell at statutory prices
under the terms of the grant but sup
pose the railroad does not choose to
sell9 The railroad is under no com
pulsion to sell by any terms of the
grant, but simply that if it does sell i'll
must abide by the restrictions imposed
by the terms of the grant and to actual
settlers. The language of congress in
making this grant was not directive
but restrictive only and no limitations
of time were made.
"The report of the department of
commerce states that the bulk of the
lands of the railroad are heavily tim
bered and not suitable for agriculture
but it stands to reason that the lands
which are timber lands only may be
used to the best interests of the owner,
whether private or corporation.
The railroad desires to meet the peo-
Pile half way in this proposition for the
disposal of these lands and whatever
your resolution to congress is. let it be
fair, reasonable and equitable and the
railroad company will be ever on the
alert to meet you on that footing and