The Washington times., 1915-01-21
BILLIONS HANGING
ON ROADS DECISION
|. CT c. Soon Must Determine
Whether Government or Rail-
roads Own Land Grants
Continued from First Page

CONTINUED from First Page.)
grant roads'-the right OF way
through the public domain. Also~it
gave certain of them great grants Of
the public lands. in the way of sub
sidy.
Difference Between Grants.
But there wAs difference between
these grants. They were given in
fee; the corporations were free to sell
or to hold them; II was presumed
that, as the country developed, the
companies would sell the lands, and
receipts from this source would helm
pay for building the lines.
But with the right of way the situa-
tion Is altogether different. This is not
a title in fee: 1t Is merely q right of
way; an easement; a privilege of using
the land for a certain purpose. The
title had not gone out of the Govern
ment OF the United States
The Union Pacific railroad received a
right OF way over a strip 400 feet wide.
The difference between fee ownership
and mere privilege Of using this land
was not fully appreciated by some
early managers OF the railroad. II
sold some pieces Of its right of way:
and its right to do 80 was questioned.
A case went to the Supreme Court of
the United States, and, a number of
years ago. 1t was held that the rail-
road had no right whatever to sell this
land. because it didn't own It, Since
that time the question has been avoid
ed by leasing rather than selling the
land. Congress even had to go 80 far az
to pass acts validating sales Of strips of
right of way lands.
This question Is just one of mum.
Der. some of them only slightly less i'm
portant. which will come before the COM
mission in the near future Representa- :
tives of the state railway commissions
of the Western States are to meet here
March / for consideration Of these IL.
sues with the valuation authorities az
ter that. the whole matter will be pass.
ed on to the commission. at a series of
hearings which II is hoped may be held
during April. Extensive arguments
probably will be heard.
Appraising Railroad Properties.
The division Of valuation now has
about 800 employees at work, appra ising
railroad properties in the Southern parts
OF the country. because there it Is easier
to work in winter. They are now in
North Carolina. Maryland. Delaware
GeorIia. Florida. Tennessee, Arkansas
ohidIioIild, fIILoHd, Ut MiSSOutl.
When the spring season opens. furthe,
valuation forces will be sent to line.
In Montana. North Dakota. Indiana, IL
lnois. New England. Iowa and all tn,
other states travcrsed by the northern
Rock Island system.
The total force employed by the
Valuat ton division is already larger, b,
2n. than all the rest of the Intcrstat,
Commerce Commissions organization
| 1t will expand very rapidly from this
tim" forth; in fact. If Congress pro
VidcS money as fast as 1t can be used
| several Thousand persons will be en-
gagged in the work
Under direction Of the Congressiona
| resolution adopted last session. the di
| vision of valuation il making specia
! crort to hasten the valuation OF tn.
| Rock Island system. That system l.
! now in a marvellous complication o
receiverships for holding and operatin.
companies. and Congress wants to know
about il. Accordingly it Is expected
that the field work on the entire sys
TEN will be completed next summer
and II possible the report will be sen
! to Congress next session.