Daily capital journal. (Salem, Oregon) 1903-1919, 1917-02-19
A SILLY PROCEEDING

One of the bitterest fights Of the session over
house bill 302 placing the forfeited Oregon California
Land Grant lands the assessment rolls. 1t had a
stormy passage in the house and there considerable
of row in the senate over it. 1t passed. however Saur
day afternoon it being the special order at o'clock when
Representative Bean spoke at the senaes request for
ten minutes defending the bll and Eaton who opposed
it, answered in seven minute talk Bean having three
minutes to close 1t probable it would not have got by
had not compromise been agreed on by which it was
submitted to the people by referendum.
The Capital Journal has called attention several
times to the different roads taken by the legal mind and
that of the layman in dealing with questions Of law.
This may be the the idea of taxing seems
absurd to other than the lawyers although many OF them
take the aymans view OF it. The advocates OF the Dill
admit the lands forfeited by act of congres for fail
ure of the railroad company to comply with the terms OF
the grant They know that the state of Oregon through
it's legislature asked congress to take this STEP NOW 1t
seems the advocates of this bill denying that congress
has really forfeited the lands for because the railroad
did not fulfill its part of the contract and the lands by
of this breach OF contract are fofetabe to
one it must be to the original owner and the party OF
the first part in the contract under which the railroad
secured such title as it had They certainly did not revert
to the state Of Oregon for it had shadow OF title
nor has it now Congress in fOrfetng the lands OF
rather in the acts subsequent to their being so declared by
the court practically admitted the roads had an equity
in the lands If it has anything in the way OF interest IN
those lands now it is this equity Then the question
comes up Is that equity the extent OF which has not yet
been decided taxable? 1t would seem to the lay mnd not
Suppose city lot valued say at $1,000 here IN Salem
was assessed to John Doe and at the same time Richard
Roe had an equity in that lot in the sum Of $780, would
the equity well the property be taXedT r TO Dfng
the matter still nearer the conditions Suppose the
CITY of Salem sold lot to John Doe, taking mortgage
for the larger part of the purchase money and later
through failure pay the mortgage should be forecosed
but with decree that certain portion OF the money
paid should be returned could the taxes on the property
be collected from the city simply because 1t had taken
over the proper And suppose the city refused to pay
this sum decreed by the court the purchasers due
could he be assessed for it?
The railroad lands in question originally belonged TO
the government Through failure Of the party to Whom
it granted them to comply with the terms OF the grant
they are returned to and again become the property OF
the general government II this true how can they be
taxed any more than the balance of the government lands
within the state?
Passing the matter up to the people to decide is the
yerest chlds play 1t is question OF law not OF fact
that is to be decided and if the people should order the
lands placed on the assessment rolls what would the order
amount to? Would it change the status of the lands
Would the decision of the people of this state have any
weight with the supreme court in deciding question OF
law? 1t looks though representative Bean, and SEN
ator Olson simply making grand stand plays for the
benefit of the dear people, The latter wanted to know
IN his argument before the senate Whether this state
was vassa or whether it shall assert its rights to tax
the land within her own borders We will not deny that
the state has the right to all government lands
within the state those of the land grant with them but
we fancy the paved roads projected for the state will all
have been completed and worn out before cent Of the
tax is ever collected However it places the state IN
position to start nice little law suit-and lose it.