Daily independent. [volume] (Elko, Nev.) 188?-1915, 1915-03-04

10 caH your ATTENTION 10 n case oil
the North Pacific Railroad Co. ".
Townsend ct al. 600 u. S., 271), and
found reported in United States SUI
preme court reports (47 Law Ed, p.
1047), and the case of Northern Paci-
fc Railway Co. v. Ely ct al. (197 U. S.,
~, which will be found reported in
United States supreme court reports
(49 Law Ed. at p. $500. AS l said,
there are numerous other decisions
in the federal and supreme courts on
the same point and as a result the
principle seems well settled.
Later on congress was called upon
for relief, and on the 2Sth of April,
1904, congress passed an act entitled
AN act validating certain conveyance
es of the Northern Pacific Railroad
Co. and the Northern Pacific Railway
Co." (Which will be found in 33 Stats,
538, CHI. 1882. This act. reads as fol-
lows:
THAT all conveyances heretofore
made by the Northern Pacific Railroad
Co. or by the Northern Pacific Rail
way Co. Of land forming a part of the
right of way of the Northern Pacific
Railroad, granted by the government
by an act of congress, are hereby
legalized, validated, and confirmed:
Provided, That no such conveyance
shall have effect to diminish said
right of way to a less width than 100
feet on each side of the center of the
main track of the railroad as now
established and maintained.
"Sec. 2. That this act shall have
no validating force until the Northern
Pacific Railway Co. shall file with the
secretary of the interior an instru-
ment in writing accepting its terms
and provisions"
You will note that this act is men,
toned with approval in the Ely case,
and 1t has been approved in the state
courts where the matter has come up.
/ called your attention the other
night to the so-called Morris bill",
which was before congress at the last
session, being introduced in the house
of representatives by Representative
Norris, from Nebraska. I am not able
to locate among my files at this time
an exact copy of this act, but I read
it in the Congressional Record at the
time OF its introduction, and il is sub
stantially in its terms similar to the
act quoted above and had for its OBJ
ject the validating of certain titles in
the state of Nebraska, notably in the
city of Omaha. I am informed that
the act passed congress and was ap-
proved and hat there was every as
surance that the provisions of the act
would be accepted by the Union Paci-
fc Railway Co., whose grant is aiec-
ted.
Within the last year or so the Cen.
trail Pacific Railroad Co. has been tai.
ing active steps, in SO far as appear
ances would indicate, to retake thu
lands embraced within it's right of way
and In Lovelocks, Carlin, Elko, and ]
believe Wells, 1t set up or commence
to set up stakes, on either side of its
center line and distant 200 feet there
from. These stakes were inscribed as
follows: "R. r. Property Line.
The setting Of these stakes has
caused a good deal OF unrest ar,ong
property owners affected thereby, and
in many instances the agents of the
company were forbidden to enter up
on the disputed territory, to place the
stakes. and In other cases, as I am
informed, the stakes were removed,
and In all instances as above stated, a
feeling of extreme uneasiness has
been felt. For instance, every lot in
the south tier of lots OF the main bust.
ness block OF the town of Elko lying
just north Of the track, and bounded
by Fourth and Fifth Streets and fac
Ing the railroad track, together with
all the improvements thereon, are
within this line. II includes some OF
the most substantial business blocks
and buildings in the town. On the
biuo VI tuS lFdCh luc uHe TunS
through the center Of the lots facing
the rail- Dad track, and divides such
blocks as the Independent block, our
offices, the Henderson Banking Cos
Bank, the w. T. Smith Co. holdings,
tho First National Bank building, and
other similar holdings and improve.
ments. And ag the line goes through
the town from one end to the other.
on both sides Of the track It encroach.
es upon or includes some OF the most
valuable property In the town.
The same situation holds with ref.
renee TO Wells and Carlin, though, Of
course, the property affected is not as
valuable, but It represents as much to
the holders thereof. AS I passed
through Lovelocks the other day I
noticed the line there and IT seriously
that town. I could see no EVIL.
dence Of the line In Winnemucca, but, |
without doubt, the same serious condi.
ton holds there.
I can not believe that the railroad