THE SUNDAY OREGOXIAX, PORTLAND, JUNE 16, 1907.
ACTS OF CONGRESS GRANTING
LANDS TO OREGON RAILROADS
Many requests for publication of the
Congressional acts under which the two
Oregon Central Railroad Companies ob
tained land grants In Oregon, 1866-70, have
caused The Oregonlan to publish them in
full. They axe five in number, as fol
lows:
July 25, 186$. act donating for railroad
from Central Pacific in California to Fort
land. 20 odd-numbered sections of land
for each mile of railroad, ten on each
side of track ; lands In Oregon to be
awarded to a company to be designated
by the Oregon Legislature; that company
to file acceptance of terms of grant
within one year after passage of act by
Congress; 30 miles of track to be nntshed
within two years.
June 25, 1868, act extending time for
building first 30 miles 18 months, or until
December 25. 1S69.
April 10, 1869, act allowing additional
year after that date for any railroad
company to file acceptance of the act of
July 25, 1W6, and limiting selling price of
land to $2.50 an acre, purchasers to be
actual settlers; and sales not to exceed 160
acres to each purchaser. Under this act
th Oregon Central Railroad of Salem
(East Side line, which should not be con
fused with the Oregon Central Railroad
of Portland, West Side line), built 20
miles of road, and, together with the Ore
son & California, filed acceptance of
original act of 1S66, on April 9, 1870, and
thereby secured the grant.
May 4, 1870, act granting to Oregon Cen
tral Railroad of Portland (West Side line)
for railroad to McMinnville and Astoria,
from Portland, 20 odd-numbered sections
for each mile of track, ten on each side
limiting selling price by railroad to $2.50
an acre, purchasers to be actual settlers
and sales 160 acres to each purchaser, the
same as act of April K), 1S69.
January 31. 1885, act declaring forfeit
to the United States lands between Mc
Minnville and Astoria, along unbuilt line
of West Side Oregon Central.
The Oregon & California absorbed the
East Side Oregon Central in 1870 and the
West Side Oregon Central in 1880, and is
now In possession of the two grants. The
Bast Side grant amounted, in all. to some
6.000,000 acres of land, and the West Slrta
grant to some 500,000. Of this 6,500,000-
acre total, the Oregon & California re
tains about S.Ooo.000, which for nearly four
years It has refused to sell at any price.
The original act of 1866 U as follows:
Original Act of 1866.
An act granting lands to aid in the con
struction of a railroad and telegraph Una
from the Central Pacific Railroad in can
fornla to Portland. In Oregon.
B it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, mat in
-! if Ami A nrfinn Railroad Company,'
organized under an act of .the State of
California, to protect certain parties in and
to a railroad survey, "to connect Portland
In Oregon, with Marysvllle In California,
anoroved April 6. 18i3. and such company
organized under the laws of Oregon as the
Legislature of said state shall herearter
designate, be and they are hereby author
ized and empowered to lay out, locate, con
struct, finish and maintain a railroad and
telegraph line between the City of Portland
In Oregon, and the Central Pacific Railroad
in California, in the manner ronowing, io
wit: The said California & Oregon Railroad
Company to construct that part of the said
railroad and telegraph witnin ma aiaio
of California, beginning at some point (to
b selected by "aid company) on the Central
Pacific Railroad in the Sacramento Valtey
In the State of California, and running
thence northerly through the Sacramento
and Shasta Valleys, to the northern boun
darv of the State of California; and th
said Oregon Company to construct that part
of the said railroad and telegraph line
within the State of Oregon, beginning at
the City of Portland, In Oregon, and run
ning thence southerly through the 'Wil
lamette, Umpo.ua and Rogue River Valleys
to the southern boundary of Oregon, where
the same nhall connect with the part afore
said, to be made by the flrst-named com
pany. Provided, that the company com
pletlng its respective part of the said rail
road and telegraph from either of ' tin
termini herein named, to the line between
California and Oregon, before the other
company shall have likewise arrived at the
same line, shall have the rignt, ana xne
said company is hereby authorized, to con
tinue in constructing the same beyond the
line aforesaid, with the consent of the state
in which the unfinished part may lie, upon
the terms mentioned In this act, until the
said parts shall meet and connect, and the
whole line of said railroad and telegraph
shall be completed.
Twenty Sections per Mile.
Section 2 And he it further enacted. That
there be, and hereby is, granted to the said
companies their successors and assigns, for
the purpose of aiding In the construction
of said railroad and telegraph line, and t
secure the safe a,nd speedy transportation
of the malls, troop, munitions of war and
public stores, over the line of said rail
road, every alternate section of public land,
not mineral, designated by odd numbers, to
the amount of 20 alternate sections per
mile t ten on each slde of said railroad
line; and when any of said alternate sec
tions or parts of sections shall be found to
have been granted, sold, reserved, occupied
by homestead settlers, pre-empted or other
vise disposed of, other lands designated as
aforesaid, shall be selected by said com
panies in lieu thereof, under the direction
of the Secretary of the Interior, In alternate
sections designated by odd numbers as
aforesaid, nearest to and not more than
ten miles beyond the limits of said flrst
named alternate sections; and as soon as
the said companies, or either of them shall
file in the office of the Secretary of the
Interior a map of the survey of said rail
road, or any portion thereof, not less than
60 continuous mile from either terminus,
the Secretary of the Interior shall with
draw from sale public lands herein granted
on each side of said railroad, so far as
located and within the limits before speci
fied. The lands herein granted shall be
applied to the building of said road within
the states, respectively, w herein they ate
situated. And the sections and parts of
section of land which shall remain In
the United States, within the limits of the
aforesaid grant, shall not be sold for lss
than double the minimum price of public
lands when sold: Provided, that bona fide
and actual settlers, under the pre-emption
laws of thfr t'nlted States may after the
proof of pet flement. Improvement and oc
cupation as now provided by law, purchase
the same at the price fixed for said lands
at the date nf such settlement. Improve
ment and occupation: And provided also,
that settlers under the provisions of the
homestead net who comply with t he terms
and requirements of said act, shall be en
titled, within the limits of said grant, to
patents for an amount not exceeding 80
acres of the land so reserved by the United
States anything In this act to the con
trary notwithstanding.
100-Foot IUkM of Way.
Section 8 And be It further enacted,
that the right of way through the public
lands be, and the same is hereby granted
to said companies for the construction of
said railroad and telegraph line; and the
right, power and authority are hereby given
to said companies to take from the public
lands adjacent to the line of said road,
earth, stone, timber, water and other ma
terials for the construction thereof. Said
right of way is granted to said railroad to
the extent of loo feet In width on each
aide of said railroad, where it may pass
over the public lands, including all neces
sary grounds for stations, buildings, work
shops, depots, machine shops, switches,
sidetracks, turntables, water stations, or
any other structures required in the con
struction and operating of said road.
Section 4 And be it further enacted,
that whenever the said companies, or either
of them, shall have SO or more consecutive
miles of any portion of said railroad and
telegraph line ready for the service con
templated by this act, the President of the
L'nlted States shall appoint three com
missioners, whose compensation shall be
paid by said company, to examine the
same, and If it rhalt appear that 20 con
secutive miles of railroad and telegraph
line shall have been completed and equipped
In all respects as required by this art. the
said commissioners shall so report under
oath to the President of the United States,
and thereupon patents shall issue to said
companies or either of them, as the case
may be, for the lands hereinbefore granted,
to the extent of and coterminous with, the
completed section of said railroad and tele
graph line as aforesaid; and from time to
time, whenever rt or more consecutive miles
of the said railroad and telegraph shall be
completed and equipped as aforesaid, pat
ents shall In like manner issue upon the
report of the said commissioners, and so on
until the entire railroad and telegraph, .
authorized by this act, shall have been con
structed and the patents of the lands here
in granted shall have been issued.
Obligations to Government.
Section 5 And he It farther enacted.
that the grants aforesaid are made upon
1 the condition that the said companies shall
keep said railroad and telegraph in repair
and use, and shall at all times transport
the malls upon said railroad, and transmit
dispatches by said telegraph line for the
government of the United States, when re
quired so to do bv anv department thereof,
and that the Government shall at all times
nave the preference in the use of said
railroad and telegraph therefor, at fair and
reasonable rates of compensat Ion, not to
exceed the rates paid by private parties for
ine same kind of service. And said rail
road shall be and remain a tiublic hia-hwa
for the use of the Government of the United
btates. free of all other toll or other
charges upon the transportation of the
property or troops of the United States;
and the same shall be transported over
aid road, at the cost, charge and expense
of the corporations or companies owning or
operating the same, when so required by
me government of the United States.
Sec. 6 And be it further enacted. That
the said companies shall file their assent
to this act In the Department of the In
terior within one year after the passage
nereor, and shall complete the first section
of 20 miles of said railroad and telegraph
within two years, and at least 20 miles in
each year thereafter, and the whole on or
before July 1. ISio; and the said railroad
shall be of the same gauge as the "Central
Pacific Railroad." of California, and be
connected therewith.
Sec. 7 And be it further enacted, That
the said companies, named In this act, are
hereby required to operate and use the
portions or parts of said railroad and tele
graph mentioned in section 1 of this at
for all purposes of transportation, travel
and communication , so far as the
Government and public are concerned,
as one connected and continuous line, and
In such - operation and use to afford and
secure to each other equal advantages and
facilities as to rate, time and transportation,
without any discrimination whatever, on
pain of forfeiting the full amount of dam
age sustained, an account of such discrimin
ation, to be sued for and recovered in any
court of the United States or of any state
of competent Jurisdiction. -
Penalties Specified.
Section 8 And be it further enacted. That
In case the said companies shall fall to com
ply with the terms and conditions required,
namely: by not filing their assent thereto,
as provided In section 6 of this act, or by
not completing the same, as provided In
said section, this act shall be null and void,
and all the lands not conveyed by patent
to said company or companies, as the case
may be, at the date of any such failure,
shall revert to the United States. And in
case the said road and telegraph line shall
not be kept in repair and fit for use, after
the same shall have been completed. Con
gress may pass an act to put the same In
repair and use and may direct the Income
of said railroad and telegraph line, to be
thereafter devoted to the United States, to
repay all expenditures caused by the default
and neglect of said companies, or either of
them, as the case may be, or may fix pecu
niary responsibility, not exceeding the value
of the lands granted by this act.
Section 9 And be it further eifacted. That
the said "California & Oregon Railroad
Company" and the said "Oregon Company"
shall be governed by the provisions of the
general railroad and telegraph laws of their
respective states, as to the construction and
management of the said railroad ana tele
graph line hereinbefore authorized. In all
matters not provided for in this act. Wher
ever the word "company" or "companies" is
used in this act It shall be construed to em
brace the words "their associates, successors
and assigns." the same as if the words bad
been inserted or thereto annexed.
Section 10 And be It further enacted.
That all mineral lands shall be excepted
from the operation of this act, but where
the same shall contain timber, so much of
the timber thereon as shall be required to
construct said road over such mineral land
Is hereby granted to said companies; pro
vided, that the term "mineral lands' shall
not Include lands containing coal and Iron.
Section 11 And be it further enaciea,
That the said companies named in this
act shall obtain the consent or tne legis
latures of their respective states and be
governed by the statutory regulations there
of In all matters pertaining 10 xne rigni oi
way, wherever the said road and telegraph
line shall not pass over or through the pub
lic lands of tne United States.
Section 12 And be it lurtner enacted.
That Congress may at any time, having
due regard for the rights of said California
and Oregon Railroad Companies, add to,
alter, amend or repeal this act.
Approved July 2, 1806.
AY est Side Company Named.
Tn pursuance of this act. the Oregon ,
Central Railroad Company of Portland
(West Side) was incorporated October
fi. 1866. to receive the grant and on
October 10, 1866, was designated by the
Ie-islature of Oregon as tne recipient:
of the grant by Joint resolution No. 13, i
as follows:
Joint Resolution of 1866.
Whereas, The Congress of the United States,
at Its laM session, passed an act granting
land to aid In the construction of a railroad
and telegraph from the Central Pacific Rail-
riod. in California, to Portland, Or., and made
it the duty of the Legislative Assembly of
the State of Oregon to desginate the company
OTRanlsed under the laws of Oregon which
hall receive that part of said land grant
lying within the State of Oregon; therefore.
be it
Resolved by the .House, the Senate concur- !
ring, that the "Oregon Central Railroad Com- !
pany," a company organized under the gen
eral incorporation laws of this state, be and
the same is hereby designated as the com-
pany which shall he entitled to receive the
land araated and all the benents or an act oi .
Congress, approved July 25, 1866, entitled !
An act arantlna land to am in tne construc
tion of a rsllroad and telegraph from the .
CentTal Pacific Railroad in California to i
Portland, Oregon," so far as the said grant
applies to the State of Oregon,
Adopted by tne tiouse, ucwoer xv. iooo. ;
F. A. CHENOWETH,
Speaker of the House of Representatlvss.
Adopted In the Senate, October 10. 1866.
X. rv. CUK.Ml.i'ii-a,
President of the Senate.
Flaw Charged in West Side Company
The Portland Company filed its incor
poration papers with Secretary or buus
Samuel E. May, at Salem, October 6.
1S66, through Joseph Gaston, one of the
leading promoters of the company. May
made a filing in pencil on the back of the
papers and handed them back to Gaston
to read before the Legislature in session
and to get other incorporation names
attached to them. This copy, through
mistake, was deposited with the County
Clerk of Multnomah, and another copy
was forwarded to the. Secretary of State,
ho. on receiving it without ms iormer
pencil filing thereon, filed the paper last
received on November 21, 1866. Secretary
of State -May afterward certified that he
had made a filing of the articles Oc
tober 6. 1866.
Meanwhile a rival company, headed by
Salem men, who opposed locating the
railroad on the West Side of the Willam
ette River, declared that the Portland
company was not legally incorporated on
October 6, 1866, and that it tnererore
could not have been lawfully designated
as the recipient of the grant by the
Legislature on October 10, lS6t.
Rival East Side Company.
Accordingly, the Salem men incorpo
rated the Oregon Central Railroad of
Salem, on November 17, 1S66, to lay claim
to the rights asserted by the Portland
company. The Salem company was
abandoned for some unknown reason,
but on April 22, 1S67, it incorporated
again, claimed to be the only company
entitled to the name Oregon Central and
to receive the grant. Its efforts to gain
this recognition from the Interior De
partment were futile, however. It con
tinued its existence and built the first
30 miles of railroad out of Portland and.
together with Its successor, the Oregon
& California, received the land grant.
The Portland company claimed that its
Salem rival was an illegal corporation,
but was unable to obtain such a decision
from the courts at that time. When the
fight was over, in July. 1879. the Supreme
Court of Oregon declared the Salem com
pany illegal and as having no valid right
to the land grant. The claims of the
Portland company lapsed because of fail
ure to build 30 miles of railroad by De
cember 25, 1S69. On that day the Salem
company had 20 miles in operation. The
Salem company was admitted to claim
the grant by virtue of the act of Con
gress of April 10. 1869, which - will be
given later In its proper place.
Under the original act of 1866," it de
volved on the Portland company, after
being designated by the Oregon Legisla
ture, October 10. 1&66, as recipient of the
grant, to build 20 miles on or before July
25. 186&. that being the end of the two
year period allowed by Congress. But
as it was impossible for the company
to fulfill this condition. Congress granted
an 18 months extension of time, until De
cember 25, 1S69. The act was passed at
the instance of Senator H. W. Corbett.
of Portland, who was friendly to the
Portland company and opposed to the
eaiem company. This act is as follows:
ACT OF 1868.
An act to amend an act entitled "An act
granting lands in aid in the construction of
a railroad and telegraph line from the Cen
tral Pacific Railroad, In California, to Port
land, in Oregon."
Be it enacted, etc., that Bee. 6 of an act
entitled "An act granting lands in aid of the
const ruction of a railroad and telegraph line
from the Central Pacific Railroad, In Califor
nia, to Portland, tn Oregon, approved July
twenty-nrth, eighteen hundred and sixty-elx.
be so amended as to provide that Instead of
the times now fixed In said section, the first
twenty miles of said railroad and telegraph
shall be completed within eighteen months
iroro tne passage of this act, and at least
twenty miles in each two years thereafter, arfd
the whole on or before the first day of July,
anno Domini, eighteen hundred and eighty.
Approved June 25, 1868.
Salem 31en Rule Legislation.
Friends of the Salem company, how
ever, dominated the Oregon Legislature
which met in October of that same
year. Through the influence of Ben
Holladay, who had come to Oregon a
few months before and taken up the
cause of the Salem company, the Leg
islature on October 20, 1868, rescinded
its joint resolution of two years be
fore, by adopting- joint resolution num.'
ber 16, which designated the Salem
company. That resolution was as fol
lows: Whereas, The Congress of the United
States, by an act approved July 25, 1866,
entitled "An act granting land to aid in
the construction of a railroad and telegraph
from the Central Pacific Railroad to Port
land, In Oregon, did grant certain lands
in tne state of Oregon and confer certain
benefits and privileges upon said company,
organised under the laws of Oregon, as the
Legislature of said state should thereafter
designate; and
Whereas, The Legislative Assembly of
Oregon, at its fourth regular session, did
adopt a joint resolution known as "House
Joint Resolution, No. 13," designating tn
terms the Oregon Central Railroad Company
as the company entitled to receive the land
granted by, and all the benefits and privi
leges of, the said act of Congress; and
Whereas, At the time of the adoption of
the said Joint resolution as aforesaid, no
such company as the Oregon Central Rail
road Company was organized or In exist
ence, and the said joint resolution was
adopted under a misapprehension of facts
as to the organization and existence of such
a company; and
Whereas, The designation of the company
to receive the lands in the State of Oregon
granted and the benefits and privileges
conferred by the said act of Congress, yet
remains to be made: Be It
Resolved, by the Senate- the House con
curring. That the Oregon Central Railroad
Company, a corporation organized at Salem
on the twenty-second day of April, In the
year one thousand eight hundred and sixty-
seven, unaer and pursuant to the laws of
the State of Oregon, be and the came Is
hereby designated as the company entitled
to receive the lands in Oregon and the
benefits and privileges conferred by the said
act or congress.
Adopted by the House October 20. 1868.
JOHN WHITE AK.ER,
Speaker of the House of Representatives.
Adopted by the Senate October 17. 1S6S.
B. F. BURCH,
President of the Senate.
Sajem Men Look to Congress.
Validity of this action of the Legis
lature was disputed by the Portland
company, which made vain attempts to
get the issue into the courts. The
Portland company now having ostensi
bly the recognition of the state govern
ment, was confronted with the neces
sity of securing that of the National
Government. It had a friend in Con
gress at this time, George H. Williams,
the new Oregon Senator. Senator Wil
liams obtained passage of an act on
April 10, 1869, allowing "any railroad
company heretofore designated by the
Legislature of the State of Oregon to
file its assent" to the act of July 25,
1S66, "within one year from the date
of the passage of this act."
It will be seen that as the original
act provided such assent must be filed
within one year after July 25. 1866, the
Salem company was barred from filing
assent, without the act of April 10,
1866. It is plain, therefore, that the
act of April 10, 1869, was the source
of the claims of the Salem company.
The significance of this fact is that
the act of April 10, 1869, from whici
the Salem company obtained its claims,
limits the selling price of the land to
12.50 an acre, purchasers to be actual
settlers and purchases to 160 acres by
one person. The act is as follows:'
ACT OF 18.
An act to amend an act entitled "An act
granting lands to aid in the construction
of a railroad and telegraph line from the
Central Pacific Railroad, .in California, to
Portland, in Oregon"; approved July 25,
1866.
Be it enacted by the Senate and House
of Representatives of the United Status
of A merlca in Congress assembled. That
section 6 of an act entitled "An act grant
ing lands to aid in the construction of a
railroad and telegraph line from the Cen
tral Pacific Railroad, In California, to Port
land, In Oregon"; approved July 25, I860,
be, and the same is. hereby amended so aa
to allow any railroad company heretofore
designated by the Legislature of the State
of Oregon, in accordance with the first
section of said act, to file Its absent to such
act, in the Department of the Interior, with
in one year from the date of passage of
this act; and such filing of its assent, if done
within one year from the passage hereof,
shall have the same force and effect to all
intents and purposes as If such assent had
been filed within one year after the pas
sage of said act ; provided, that nothing
herein shall Impair any rights heretofore
acquired by any railroad company under
said act. cor shall said act or this amend
ment be construed to entitle more than
one company to a grant of land; and. pro
vided further, that the lands granted by
the act aforesaid shall be sold to actual
settlers oniy, in quantities not greater than
one quarter section to one purchaser and
for a price not exceeding S2.S0 per acre.
Approved April 10. 1869.
The Portland company, or West Side
line, after failing to build 20 miles of
railroad by December 25, 1869, and
losing to its Salem rival, sought an
other land grant from Congress, for a
railroad to McMinnville and Astoria
Senator Williams worked for this new
grant and Congress passed the act of
May 4, 1870, as follows:
ACT OF MAY 4, 1870.
An Act Granting Lands to Aid in the Con
struction of a Railroad and Telegraph Line
from Portland to Astoria and McMinnville, tn
the State of Oregon.
Be It enacted by the Senate and House of
Representatives of the United States of Amer
ica in Congress assembled. That for the pur
pose of aiding in the construction of a rail
road and telegraph line from Portland to
Astoria, and from a suitable point of Junction
near Forest Grove to the Yamhill River, near
McMinnville, in the State of Oregon, there la
hereby granted to the Oregon Central Rail
road Company, now engaged In constructing
the said road, and to tfcelr successors and
assigns, the right of way through the public
land of the width of 100 feet on each side of
said road, and the right to take from the
adjacent public lands materials for construct
lng said road and also the necessary lands
for depots, stations, sidetracks and other need
ful uses In operating the road, not exceeding
40 acres at any one place; and aiso eacfa
IT'S NOT LIKE
A GAMBLING VENTURE
When you invest your savings in good real estate, that is bound
to come to the front as far as the future demand for the same is
concerned, you are not gambling, taking chances of losing what
you put in. Your money invested now in residence lots in
COUNCIL CREST PARK
Will double and treble in value, just as they did on Portland
Heights. This class of residence property is demanded by those
who have the cash to pay for it. Go into the outskirts and you'll
find lots offered at what seems to be a low price, but time will
prove that they will sell for much less before they are settled up.
WELL PATRONIZED CAR
LINES WILL ALWAYS REMAIN
On the Heights and to Council Crest. Take warning from experi
ence of those who have bought years ago in additions that have
since been abandoned by the streetcars, on account of the lack of
patronage to keep the lines going.
LOTS ON THE CREST
ARE SELLING RAPIDLY
Since the Water Board has purchased the site for the new reser-
voir. More money has been invested in Council Crest Park within
the past week than in all of the other additions combined. It's
the sureness of the investment that counts.
M W IT T Sixth and
il -tt. VV . iLjCHIlJC 'OU. Washington
alternate section of the public lands, not
mineral, excepting coal or iron land, desig
nated by odd numbers nearest to said road,
to the amount of 10 such alternate sections
per mile on each side thereof, not otherwise
disposed of or reserved or held by valid pre
emption or homestead right at the time of
the passage of this act. And In case the
quantity of 10 full sections1 .per mile cannot
be found on each side of said road within
the said limited 20 miles, other lands desig
nated as aforesaid shall be selected under the
direction of the Secretary of the Interior on
either side of any part of said road nearest
to and not more than 25 miles from the track.
of said road to make up such deficiency.
Section 2 And be it further enacted. That
the Commissioner of the General Land Office
shall cause the lands along the line of the
said railroad to be surveyed with all con
venient speed. And whenever and as often as
the said company shall file with the Secre
tary of the Interior maps of the surveys and
location of 20 or more miles of said road, the
said Secretary shall cause said grant of land
adjacent to and coterminous with such located
sections of road to be segregated from the
public lands; and thereafter the remaining
public lands, subject to sale within the limits
of the said grant, shall be disposed of only
to actual settlers at double the minimum price
for such lands. And provided also that set
tlers under the provisions of the Homestead
Act who comply with the terms and require
ments of said act shall be entitled within the
said limits of 20 miles to patents for an
amount not exceeding 80 acres each of the
said un granted land, anything in this act to
the contrary notwithstanding.
Section 3 And be it further enacted. That
whenever and as often as the said company
shall complete and equip 20 or more consecu
tive miles of the said railroad and telegraph,
the Secretary of the Interior shall cause the
same to be examined! at the expense of the
company by three commissioners appointed by
him; and If they shall report that such com
pleted section is a flrst-claea railroad and tele
graph, properly equipped and ready for use;
he shall cause patents to be Issued to the
company for so much of the said granted, land
as shall be adjacent to and coterminous with
the said completed section.
$2.50 an Acre Price Limit.
Section 4 And be it further enacted. That
the said alternate sections of land granted by
this act excepting only such as are necessary
for the company to reserve as depots, sta
tions, sidetracks, wood yards, standing ground
and other needful uses in operating the road.
shall be sold by the company only to actual
settlers in quantities not exceeding 160 acres
or a quarter section to any one settler, and at
prices not exceeding $2.60 per acre.
Section 0
And be It further enacted That the said'
company shall, by mortgage or deed of
trust to two or more trustees, appropriate
and set apart all the net proceeds of the
sales of the said granted land as a sink
ing fund to be kept invested In the bonds
of the United States or other safe and
more productive securities, for the pur
chase from time-to time, and the redemp
tion at maturity, of the first mortgage con
struction bonds of the company, on the
road depots, stations, sidetracks and wood-
yards, not exceeding $30,000 per mile of
road, payable In, gold coin not longer than
yeans from aate. with interest pay&Die
semi-annually in coin not exceeding the
rate of 7 per centum per annum; and no
part of the principal or Interest of the said
fund shall be applied to any other use until
all the said bonds shall have been pur
chased or redeemed end canceled; and each
of the said first mortgage bonds shall bear
the certificate of the trustee setting forth
the manner in which the same is secured
and Its payment provided for. And the
District Court of the "United States, con
currently with the State Courts, shall have
original jurisdiction, subject to appeal and
writ of error to enforce the provisions of
this section.
Section 6 And be it further enacted.
That the said company shall file with the
Secretary of the Interior its assent to this
act within one year from the time of its
passage; and the foregoing grant Is upon
condition that said company shall complete
a section of 20 or more miles of said rail
road and telegraph within two years and
the entire railroad and telegraph within
six years from the same date.
Approved May 4. 1870.
The railroad from McMinnville to
Astoria was not built, and Congress
passed an act of January 31, 1885,
causing; the lands to revert to the
United States, along: the unbuilt part
of the railroad. This act was as fol
lows; ACT OF J ACTUARY 81, 1889.
An Act to Teclare Forfeiture of Certain
Lands Granted to Aid in the Construction
of a Railroad in Oregon.
Be it enacted by the Senate and House of
Representatives of the United States of
America, in Congress assembled. That so
much of the land granted by an act of
Congress entitled "An Act Granting Land to
Aid in the Construction of a Railroad and
Telegraph Line from Portland to Astoria
and McMinnville, In the State of Oregon."
approved May 4. 1870, as are adjacent to
and coterminous with .the uncompleted por- i
Uoos of said road and not embraced within i
the limits of said grant for the completed
portions of said road, be, and the same are,
hereby declared to be forfeited to the
United States and restored to the publlo
domain, and made subject to disposal under
the general land laws of the United States
as though said grant had never been made.
Section 2 That all persons who at the
date of the passage of this act are actual
settlers In good faith on any of the land
hereby forfeited, and? who are otherwise
qualified, on making due claim to such
lands under the homestead pre-emption or
other laws, within six months after the same
shall have been declared forfeited, shall be
entitled to a preference right to enter the
same, in accordance with the provisions of
of this act and of the homestead, pre-emption
or other laws as the case may be, and
shall be regarded as having legally settled
upon and occupied said lands under said
pre-emption, homestead, or other laws, as
the case may be, from the dato of such
actual settlement or occupation; and In case
any such settler may not be entitled to
thus enter or acquire such land tinder exist
ing laws, he shall be permitted within one
year after the passage of this act to pur
chase not to exceed one hundred and sixty
acres of the same at the price of one dollar
and twenty-five cents per acre; and the
Secretary of the IntenTor is hereby author
ized and directed to make such rules and
regulations as will secure to said actual
settlers the benefit of these rights; provid
ed, that the price of the even-numbered
sections within the limits of said grant and
adjacent to and coterminous with the un
completed portions of said road and not em
braced within the limits of said grant, for
the completed portions of sai l road. Is here
by reduced to one dollar and twenty-five
cents per acre.
Section S That the act of March 8, 1875.
entitled "An Act for the Relief of Settlers
within Railroad Limits," is hereby repealed.
Approved January 31, 1885.
Scotchman a Suicide In St. Louis.
ST. LOUIS, June 15. Samuel Haskins,
a wealthy lumber broker of Glasgow,
Scotland, who has been living at the
Buckingham Club for a year, committed
suicide last night by drinking carbolic
acid in a vacant lot In Olive street. The
police found no evidence to show the
cause or the act.
WE
WANT YOU TO KNOW
THAT the investment feature of IRVINGTON PARK is just as plain, simple
and apparent to any one who will investigate, as it is that 2 and 2 are 4.
Do you know that you cannot buy an acre of land on Killingsworth avenue
from its east to its west end for less than $1500 to $3000 per acre? Nor can
you buy an acre of ground equidistant from the center of the city for any less
money where the situation embracing city water, car line, improved streets,
etc., is taken into consideration.
An Acre of Land
will make about five and one-half 50x100 foot
lots, platted in the liberal manner that Irving-
ton Park has been platted in. In this charming home a'ddition you will find
a 100-foot boulevard, all streets full 60 feet wide, and 14-foot alleys through
each block.
When You Divide
$1500 per acre land into five and one-half
lots per acre, it means $272 per lot a very
simple problem in mathematics, so simple that a child can comprehend its
simplicity.
Hence $272 Is
the wholesale cost of the 50x100 foot, lots where
land is valued at $1500 per acre; and, notwith
standing the fact that no land in the neighborhood of Killingsworth avenue
can be bought for less than that price, it must follow that our price of $200 to
$250 per lot, are, bargain prices; the investment is absolutely safe, money so
invested will earn more than if invested in any other manner in this city.
When You Consider
the fact that Irvington Park is one of
the most beautiful tracts in the city of
Portland, every lot supplied with its own natural shade and ornamental trees,
a grand view of the mountains, rivers and city, the comforts of the best
suburban home, including city Bull Run water, best car service, churches,
schools and college, you must agree with others who have seen this handsome
tract and pronounced it not only the best and safest investment, but the most
ideal and delightful place to live in the Northwest.
In Conclusion
we wish to say that by paying only 10 per cent
down and the balance in $10 per month payments,
you or any of your friends can secure the most delightful homesite in the city.
Call at our office or phone Main 5396 for an appointment. Our branch office,
on the grounds, cor. 30th st. and Killingsworth ave.,' open each day; F. E.
Schwan-our agent in charge.
F. B. Holbrook Co.
250 STARK STREET PORTLAND, OREGON