Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1915-06-24

the application of actual settlers who
have gone on the lands without permits
sion of tho railroad, and of applicants
for entry, to have the property declared
a trust in their behalf.
The suit vas Instituted by the govern
ment in conformity with rc.o u'ion by
Congress. It dealt only with lands un-
sold. II appeared in the evidence that
some Of the land had been sold in 1000
acre tracts for as much as $50 an acre.
To-days decision preserved any right the
government may possess to bring sat
touching land already sold.
The court found that Congress in max
ing the grant had made no positive pro-
visions as to settlement Consideratio ton
was given also to the argument Of the
railroad that large portions of the prop
erty could not be sold to actual settlers.
because the land was not capable Of SGT
Element It was pointed out further that
much of the land was more valuable for
timber than for settlement and thus
would be source of speculation.
THE LAND GRANT CASE.
The governments suit to have the fed.
eral courts declare forfeited to the
public lands granted to the Oregon and
California Railroad company to aid in
the roads construction, called in to ques-
ton title to more than 100000 acres Of
western Oregon land valued at ap-
proximately 100000
The suit was instituted in accordance
with a resolution of Congress in the
federal district court Of Oregon, on
September I, 1908. The government claim
ed that the railroad had forfeited its
rights by having violated a provision
which required IL to sell in not more
than lGO-acre tracts for not more than
s2.O an acre, and only to actual settlers
The government sought to prove that the
company has sold in large tracts to tim
Der companies at more than $3.50 an acre,
and had adopted a policy to sell no more
to any purchaser for the time being.
The railroad contended that the provi-
sion was not effective because the lands
We're unfit for settlement, and further
more, urged that the government was
stopped from raising the question of for.
fixture because of long aoquiescence in
the company's disregard Of the selling
provision.
About Go persons who went upon tho
lands and claimed to be actual settlers
within the meaning OF the law. brought a
cross complaint, asking that the railroad
company be held to be a trustee for act
ual settlers and required to sell to them
Some 5000 persons who have not gone
upon the land to make settlements but
who have applied to the railroad company
to purchase 100 acres INTERVIEWED with a
petition that the company be required, as
trustee. to convey lands to them.
The State Of oregon interviewed with the
claim that the State levied nearly half a
million dollars taxes year on the lands
and asked that the lands not be forfeited
to the government, in which case. the
taxes might be lost, but that the railroad
he required to sell them for the benefit
Of the government.
The Union Trust company of New York.
trustee under a mortgage given on the
land to secure $50, 00o 400 of bonds used in
building the railroad. also interviewed
The district court declared the lands
forfeited. and the case was taken to the
supreme court of appeal. 1t was argued
late in April, 1915.