Daily capital journal. (Salem, Oregon) 1903-1919, 1916-05-26
SUPREME COURT RESPONSIBLE FOR TANGLE

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A close examination of the decision of the supreme
coure of the United States the forfeiture OF the Oregon
and California land grant cases pes one TO the oehe
that that august body went far as 1t could to avoid
deciding ANYTHING whatever 1t unWOnd more red tape
and uncanned less sound sense than was ever
done in any ever before It, 1t pracucay declded
nothing and all it did do to still further entangle the
situation 1t decided the lands gift IN praesent
and that the railroad company had title in fee simple
with strings on it. 1t decided that congress had given the
company these lands aid in constructing Its road
and provided that it must sell the lands, at not more Va
$3.50 an acre and in quantities of not more than lou acres
to any individual Then it unroed its red tape and SAID
that while the company was compelled to sell the lands
under the terms stated it did not have to sell them until
it got ready which means that II 1t never got ready II
would not have to sell them at ALL
And after declaring the lands belonged to the railroad
and could not be taken away from it, these same wise ones
held that the whole matter should be handed back TO
congress and that that body could do what pleased WIN
the lands the lands belonged to the railroad IN Zee SIM
De as the courts said they did, then congress with all lts
powers is not big enough strong enough to take them
from the company without condemnng them and paying
what they are worth. ,
enemies claim he is he might still be an Improvement on
the court All he has been accused Of is taking the op
poste side of case after having been employed on the
other In the land grant the United States supreme
court took both sides at once ana uecueu III IdVoI VI
both and of neither
If the railroads complied with the terms of the grant
the lands are theirs If they did not by what reasoning
can even so august body the United States supreme
court confirm title in them?
Yet this is what it does 1t holds the gift was made
absolutely but with conditions subsequent with when II
says the company need not comply.
Senator Cummins' principal objection to Brandes as a
Justice of the supreme court is, that while ne was en-
poyed to represent the shippers side of the rate case by
The interstate commerce commission he admitted that the
railroads should have more revenue thus strengthening
the railroads. and weakening the shippers case" Mr..
Brandeis was not employed by the shippers in that case
but by the commission He the commissions attOr-
ney not the shippers lawyer and to certain questions
asked him by the commission he frankly replied as the
truth compelled gave his client the advice 1t sought
and made truthful answer What other answer could he
make to the commission that employed him when asked
direct question? Or if the question was not asked
directly would he have had him withhold from the COM
mission things he its attorney believed it should know
The Oregonian discussing the naming of Rubee for
the federal trade commission by President Wilson says
among other things "If Gainger who fought Rublee be-
cause he is personally obnoxious was wrong what about
Chamberlain of Oregon who stood with Galhnger? The
answer is dead easy Chamberlain was just as wrong in
this case as was Ganger and in most other cases prob
abymore So Our George not always right just because
he is OF claims to be democrat The above statement
respectfully referred to the editor of the Oregon City
Enterprise.
Biologist Finley advocates the killing of all cats be-
cause some of them kill birds OF course Finley is usti
L. H.. -