South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-07-28
CONGRESS HANDED
OREGON R. R.. CASE
Land Grab Litigation SideStep-
ped by Supreme Court on
So Main Point at Issue.

BV ellison GaF0ueF.
WASHINGTON. July 28.-When
face one OF the most remarkable
problems it has ever encountered,
namely a suggestion by the United
states supreme court that congress
undertake the solution Of problem
found TO difficult for the supreme
court 20 decide. This is in substance
the result OF the courts decision m the
so-callel oregon railroad land grant
case
This case was brought by the gov
eminent TO recover from the oregon
California Railroad Co Ga subsidiary
OF the Southern Pacifc) a tract OF
land 90 miles wide. 400 miles long
COMPRISING 2.30O. coo acres and con-
tanning about seventy billion board rect
Of very valuable timber, the %fole
tract worth between forty and sixty
million dollars. This was one OF the
famous western land grants enacted
hv congress in the early SOS which
have caused so much scandal since. A
provision OF the act granting this land
to the railroad company required that
the railroad should sell the land TO
settlers at $3.50 an acre. The court
found that this provision OF the grant
had been flagrantly disregarded by the
railroad Some of the land had been
III
acre. n little OF il at that price, but
the vast majority of it had been re-
tanned by the railroad company which
has been holding it for increase In
value
Complicated BY Settlers.
In snits 5f the fact that the court
found that the railroad had violated
terms of the grant il declined to de
cree a forfeiture in accordance with
the provision contained in the grant
under which the lands would revert to
the federal government. The situa-
ton IS complicated somewhat by the
fact that there are settlers on some OF
the lands. some of whom hope TO Sc
cure the title by payment of the $3.50
an acre as required by law. The
lands. of course, are worth much more
than this price. but some Of the set
tiers went on in good faith, expecting
10 secure them at this law-named
price other settlers are clearly dummy
entrymen put on by the railroad when
the road found it was to be sued.
The supreme court did neither one
thing nor the other. tt admitted that
the governments contention was cor
rect ana that the road had violated
the terms Of the grant, but it did not
forfeit the lands and restore them to
the public domain; nor did it leave the
title with the railroad company and
direct the immediate sale of the tim
her at $3.50 an acre. Instead, it
lodged the whole question by passing
10 up TO congress.
Grants the Injunction.
This. then, being the situation,
said the court in its decision, result
ing from conditions now existing, Incl
dent it may be. 10 the prolonged dis
regard Of the covenants by the rail-
road company the lands invite now
Ia g.. TpV Mt
and we think. therefore, that the rail-
road company should not only be en-
Joined from sales in violation of the
covenants, but enjoined from any dis
position of them whatever or of the
timber thereon. until congress shall
have a reasonable opportunity TO pro-
vide by legislation for their DISPOSE
ton III accordance with such policy as
il may deem fitting under the circum-
stances and at the same time secure
to the defendants all the value the
granting acts conferred upon the rail-
roads.
IF congress does not make such
provision the defendants (the rail-
rOad) may apply to the district court
within reasonable time. not less than
six months. from the entry of the de
cree herein, for a modification of so
much of the injunction herein ordered
as enjOins any disposition of the lands
and timber until congress shall act,
and the court i'm it's discretion may
modify the decree accordingly
Fight Against Trust.
In other words. the supreme court
has handed down "A decision entirely
favorable to the railroad. for. unless
congress acts. the road. after six
months. can go into the local district
court and get a modification of the
injunction TO permit il TO cut and sell
all the timber IL wants to. AS the
decision was rendered June 81, the
railroad can go into court again Dec.
21 This makes no provision for the
settlers on the lands nor for the fed
eral governments right to recover the
lands
The struggle which will come up in
congress next winter will be 10 pre-
vent these valuable timber lands from
passing from the hands of the rail-
roa into the hands of the lumber
trust There viii be much talk about
the deserving settler and efforts
will be made Co pass title 20 those on
the lands. dummy entrymen and all,
and 10 new settlers. and So through
them into the hands of the lumber
trust. The most equitable solution
would be for congress to declare these
lands forfeited and turn them into a
national forest. proViding. however.
that any bona fide settler would have
a prior right of fling on locations on
which he is now sQuatting. To permit
this valuable tract TO be sold indis-
criminatel@ at $3.50 an acre would
Doe a criminal waste of valuable re-
source which ought To be saved and
adminir+@red 10y the federal govern
ment
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