The Washington times., 1915-10-12

| Inc railroad company ana is various
succcssors-for the original company
went through the sundry mutations Of
fortune so common to Western roads
sold some OF the lands In accordance
with this condition.: but 1t has held
vast area which have not been sold at
all. and has sold stiil others at prices
far In excess of this legal maximum.
The time came when the states
and the local communities opined that
| the railroads refusal TO sell at any price
| was retarding legitimate development.
| The matter was brought to the atten-
| ton of the oregon Legislature. which
| passed resolutions appealing to wash
| ington to act: and finally Congress
| passed the subject up to the Department
| OF Justice, to defend the supposed public
interest. As . result a suit was brought
| aicPIuu Nsvr.,Ibn OF the CONDITIONS ana
| demanding that the lands hc restored.
| with clean title. to the Government.
| The litigation started in 1905, and the
Supreme Court rendered its decision
few months ago. In substance II held
| that the original covenants had been
violated. The Government demanded
complete forfeiture OF the grant. which.
Iif obtained would have restored the
| entire area to the public domain. But
| the court held that the original covenant
| must be carried out. which 10 interpreted
| to mean that the Government must be
| reimbursed to the extent OF $3.50 per
| acre for all lands heretofore disposed
Of. and that the rest must be sold at
| not to exceed that figure. The court
In its decision determined that Congress
| was the Governmental agency that
must make the policy in the matter. and
by a rather curious turn In the decision
practically gave that body six months
in which to conclude what II wanted
done. Meanwhile. the railroad company
is enioned from sales In violation OF
the covenants. and from any disposition
| OF the lands whatever. and from dispos-
ing OF any timber on them. until Con-
gress shall have a reasonable oppor-
| tunity to provide by legislation for their
disposal In accordance with huch policy
| as II may deem fitting under tho cir
| cumstances and at the same time secure
| to the defendants all the value the
granting acts conferred upon the rail-
| roads,
Gives Congress Control.
| II the decision does not give the
lands back to the Government. 1t yet
gives Congress control OF them within
certain limitations: and the determine
ton OF those limitations. and OF the
proper policy for their disposal, will be
considered by Congress and the Admin
istrauon with the greater Interest be-
cause the final determination In this
| case will affect the empire OF railroad
| owned grants in the whole West
Not only the Southern Pacific inter
ests. but all the other far western rail-
roads are accused OF having disposed.
or refused to dispose. Of greas areas
| Of lands In violation OF the terms OF
the grants. Nobody has undertaken
| thus far to make ~ detailed compnta-
tion Of the extent Of such lands stu IN
the possession OF the railroads. nor OF
their value. 1t Is certain. however. that
the area runs to many millions OF acres.
in probably all the public land states
west of the Missouri. and that included
among these are immense holdings OF
timber and mineral lands Of great
value.
A few years ago report of the Com
missioner OF Corporations, after long m
vest stigation showed that the Northern
! Pacific railroad was the greatest owner
of timber lands in the country. lheS
| represented either original holdings un-
der its grants, or lands for which IN"
original holdings had been exchanGed.
for highly valuable lands under the
lieu lands" act has been carried $50
far that some OF the railroad groups
| possessed themselves of great areas OF
timber by the easy process o, uaoWnS @
perfectly worthless areas or dcser1 l,r
the finest forests in the world. lheh
n large part OF this forest area was
sold bv the railroads. this procedure ac-
counting for much OF the greet Hfyet-
haeuser holdings In the Pacific states
as we'll as other big scGresauons or
timber territory. Altogether n great
compcxity regarding law and tiil"s mas
arisen, and Congress will have to act
General Policy Deficient.
II being impossible for congress !"
Law down a general policy that WI"
apply equally IN all these cases II
understood that fer the present ,n''
Government will only ask for lcFlS'h"
ton under which prNCrcdin%i may n'
instituted in court to decide what ~ ile
exact status Of thase lands. Hheh 'h'r'
win be demand FOR nure law: ntr
! Very little Understanding "i inc pIS
ness of this sit,aton has yet Eol
abroad oven in the States immediate
" affected But the public lahd ~. ~
thOritiCS and some other agents O., tlc
Government an understand. mere
have been imnOrtant conferences hihons
officials of different departments ioohS
ing to the most effective ut'h"a,l"h W.
! the Governments new power w NV
Far Western states. The h'"Nefhhncn'
was much disappointCG that the iahd-
grant involved in the oregon ana an
fCrnia case Was not enUrelN lo't'"u'
| IT 4 had been. the railroads "ou'o n'N'
lost an immense property 70 TN, ~
! crnment, and the whole pu.lic coma
problem would have been Sinln,ln'u ~
restoring to il n Trcat nRrl nl ''l' Nv
valuable lands from tho lWth merlolan
| westward. Big nrOjcCts in 'nNerntneh'
| inspired and directed CulonHf\"'h WV
! in these areas have been N'nN"H'1 u.
Chaur" tc transport 'HlEc Ailnbrr; ~
L araala ia