Evening star., 1928-02-09
LAND GRANT CASE
SENT TO CONGRESS
Declaration of Title to North.
ern Pacific Acres Urged
for Adjustment.

NJ the Associated Press.
In an opinion on the land-grant case
az the Northern Pacific Railroad Co.
the Department of Justice today recon-
r,ended that Congress declare title 10
fne disnuted three Ia five million ceres
sorfeited and then suit De brought IN
the courts for final adjustment
The ease, a long pending one. grew
.,,t ~ the claims BY both the Govern
went and the railroad that they were
entitled TO part Of the lal d. end the
Senartment's opinion was submitted at
the request OF a special joint congress
sional committee appointed at The last
session of Congress to investigate the
grants.
trateiy 5000, 600 OF the $4,000. .0c0-acre
grant because II had absorbed land be-
longing TO forest reserves. indian res
creations and mineral deposits,
The railroad company claims that the
Government should cedc them an aodi-
ts~ral $3.50. 900 acres. which they were
entitled to under the original srant.
Recommendations Made.
All questions of authority would be
eliminated and the way cleared for a
judicial determination OF the whole
matter Just to both sides, the opinion
read, If the following were carried cut:
That Congress shall declare its de-
termination that the grant be for
feited for breach by the railroad COM
panv OF conditions subsequent"
That the lands remaining In the pos
session OF the company be revested in
the United States making proper pro.
visions for readiustment OF the grant
That proper suit for an equitable ad-
srstn,ent of the whole controversy be
Instituted
That the executive branch OF the
Government institute In court proceed
ings directed to accomplishment of the
same end.
The United States BY virtue Of the
reserved right 10 add to. alter. amend
or repeal the grant" the opinion added
"s1as the right to revest in itself and
repossess all or any part OF the granted
lands remaining In the ownership of
the company. having due regard for the
rights Of the company. The power 10
alter. amend or repeal the granting
acts rests only in the Congress.
Hcids United States Has Right.
The United States by reason of the
breach on the part OF the company of
conditions subsequent contained In the
grant, has the right to declare the
gran: forfeited, thereby revesting in the
United States the legal title TO any
part or all OF the granted lands remain
Inc the ownership OF the company.
''As TO lands wrongfully acquired by
the company from the United States
and row disposed Of and as to lands
rigi1tfully acquired but wrongfuliy dis
posed Of. the company can be required
70 account to the United States en- an
equitable basis. The company y en-
titled TO credit for all 1t has earned
under the grant.
Whether the effective power to de-
clare a forfeiture and revesting in the
United States Of lands granted to the
Northern Pacific Railroad Co. for
breach OF conditions subsequent rests
In the Legislative or executive branch
Of the Government. has been the SUBJ
5ect Of conflicting court decisions.
Whether some OF the conditions
under consideration here are conditions
subseouent requiring legislative declara-
ticn OF a purpose to insist on a for
feiture for their beach Ia. question
that might be litigated with consequent
Delay and expense. Whether the execu-
tive branch can make necessary proyi-
sion for an equitable adjustment Of the
grant Is not certain"