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THE DAILY COOS
BAY
T1.UE8, MAITSHFIELU, OKEON. SUNDAY, APIUL 21, 1007.
Land Decision
Creates Interest
The following article appearing In
the Orcgonlan recently has created
-a great deal of talk In this country
as it Is alleged to be an almost par
allel case with the Southern Oregon
land case which has' been In the
courts recently.
Selling of Granted Lands
Opinion of land commissioner Dal
llnger on bonus railroad lands of the
Souther Pacific In Oregon.
"The company (Southern Pacific)
Is therefore without authority to
sell (granted under congressional
acts of 186G-70, as bonus for con-
Btructing the railroads from Port
land and the California state lino
and from Portland to McMlnnville),
to any other persons (than settlers),
In any other amount (than 160
acres to each purchaser), or for a
greater price (than $2.50 an acre),
than that prescribed In the proviso,
and any conveyance which the com
pany has attempted to make on a
sale made In violation of this
statute, would not be sustained by
the courts.
That the Southern Pacific com
pany enrobe forced by the courts to
sell Its rajlroad grant lands In this
state according to the-terms of the
acts of congress, Is tho cjplnlon of
. it. nuiunger, commissioner or tne
General Land Office, given by letter
to W. C. Hawley. representative In
congress for the Oregon First dist
rict. According to Commissioner Dal
llnger no further legislation by con
gress Is needed to put In the hands
of the people of this state the power
which they have thought they needed
In order to break up the 3,000,000
ncre land monopoly of tho railroad,
compel it to open the lands to sale,
and to force It to sell the lands only
to actual settlers, In tracts of no
more than 1G0 acres to each pur
chaser and at a price not exceeding
$2.50 an acre.
These plain limitations on the pos
session of the lnnds nre contained
In an act of April 10, 1809, by virtue
of which the Oregon Central rail
road (East Side lino) and its suc
cessor, the Oregon & California rall-
iuuu, uuiuuieu irue irom me govern- i
ment as a bonus for building the
railroad from Portland to the Cal
ifornia state line some 6,000,000
acres of non-mineral land; and In an
act of May 4, 1870, by virtue of
which the Oregon Central rallraod
(West Side line) secured some 500,
000 acres for the railroad between
Portland and McMlnnville.
Itnllroad's Thrifty Kendo.
The United States gave odd num
bered sections of land, ten on each
side of tho track, to the amount of
12,800 ncres for each mile of road.
The total acreage for the 360 odd
miles of track, to the California line,
on account of thrifty bends in the
routo, amounted to the figures men
tioned.
Tho two lands grants now possess
ed by the Southern Pacific have been
disposed of In large tracts In viola
tion of the acts of congress, until less
than half the original acreage re
mains in possession of the railroad.
The lands were sold in larger tracts
than 160 acres to each purchaser and
frequently at more than $2.50 an
acre and the purchasers in these
cases have not been actual settlers.
Representative Hawley has taken
the matter up with Sec'retary of the
Interior Garfield, Land Commissioner
Ballinger and Attorney-General
Bonaparte, endeavoring to find
means to hold the railroad strictly to
the terms of the grants. The Wash
ington authorities have evinced large
Interest in the matter. Secretary
Garfield has given Mr. Hawley to
know that he will afford every facil
ity of his department to accomplish
the end aimed at. Attorney-General
Bonaparte has told Senator Bourne
and Mr. Hawley he sees no reason I extension of the time granted to the
why the terms should not be enforc-1 mpa"y' nnd thtJ cmPnn- thiere-
.... fore without authority to sell these
ed and has asked them for specific ' ,andg to any other person , any
Information, which they are now j other amount, or for a greater price
gathering, of violations of tho acts, than that prescribed In the proviso,
of congress. Commissioner Ballinger . and any conveyance which the corn-
wrote the following letter to Repre
sentative Hawley, Mach 19 of this
year:
Commissioner Dnlllngcr's Letter.
In reply to your letter of the 7th
Inst., addressed to the Secretary of
the Interior and handed to me for at
tention, you are advised that the act
of 1866 (14 Stats. 239), made a
grant of lands to the California and
Oregon Railroad company upon the,
performance of certain acts by the
company within a specified time. The
prescribed conditions not having'
been met by the company, the time
for the performance was extended byi
the net of 1869 (16 Stats. 47.)
Although the company failed to
comply with the terms of the grant
within the time specified, they were
subsequently complied with before a
forfeiture, and the title to all the
lands within the grant consequently
vested In the company (see Schulen
berg vs. Harriman, 21 Wall, 44) sub
ject only to the covenant expressed
,ln .the proviso of the act of 1869,
which declares "that the lands grant
ed by the act aforesaid shall be sold
to actual settlers only In quantities
not greater that one quarter section
to one purchaser and for a price not
exceeding $2.50 per acre." As soon
as title vested In the company tho
Jurisdiction over .the lands passed
from the executive branch of the
government, and the enforcement of
the proviso rests with the courts
through appropriate action by either
settlers entitled to purchase or the
government acting through the de
partment of Justice.
The power of congress to prescribe
the proviso, cannot in my judgment,
be questioned in view of the fact that
it was made in consideration of the
pany has attempted to make on a sale
made in violation of this statute
would not bo sustained by the courts.
Since the title passed from the
government subject only to the
covenant created by the proviso, It
Is doubtful If congress has power io
enact any law to compel a compliance
with the terms of the proviso (see
Morgan vs. Rogers, 79 Fed. 577)
nnd the covenant can only be enforc
ed In the courts.
Representative Hnwicy'H Work.
Representative Hawley has given
a great deal of attention to this land
matter. It was one of the campaign
Issues In the election last year and
Mr. Hawley, during his brief stay in
Washington last February nnd March
made good progress In bringing the
matter to tho attention of tho ad
ministration. Ho considers It tho
most important question before tho
(Continued on pago 7.)
I . ' -
Banking Favors
And courteous treatment are the undisputed right
of every depositor in this bank there are any
number of them willing to testify to thes facts.
Can you not add your name to our list? Informa
tion cheerfully given by every oflicer and director
of the bank.
First National Bank of Coos Bay
JOHN S. COKE, President
O. II. HINSDALE. Vtrc-I'ree!dpnt
R. McPAKLAKD, Cashier
FREE FACTORY SITES
On Deep Water
SOUTH HARBOR
On
ISTHMUS INLET
The coming manufacturing district of
Coos Bay
The South Harbor Development Company has
special inducements to offer manufacturers desiring
locations.
TOWER & SON
Lockhart
Building
SOUTH
is near the
C. A.
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I i " i . 1
JVHE Coos Bay Country is a field laden with in-
numerable opportunities. Every man who
has eyes to sec may seo them if he will. Yet, as
always, men are blind blind, when the very at
mosphere is breathing opportunity iito their ears.
Energy, enthusiasm, pluck, determination
these are tho requirements to-day!
Young men, if ever in your lifetime, rouse
yourself here and now.
Think and think, and then DO. This is no
time, no place for tho laggard. Coos Bay wants
men men avIio will say, "I Will" and WILL, strong
men, men with courage, men who will; every time
they are tripped light on their feet again. Here we
have an empire spread before us. Beautiful and
fertile valleys, a majestic bay and charming lakes,
glorious mountains and river scenery, wonderful
forrests, vast coal fields, mines of gold, silver, cop
per, nickel, iron, clays, stone and what not. Rivers
lakes and bays teeming with delicious fish, includ
ing, on their banks, every grain, grass, fruit and
vegetable known, also sunshine end rain, just
enough of each not to disturb the equitable con--dition
of affairs. Yes wo have it; we are in posses
sion of it an empiro pregnant with hidden re
sources and possibilities that almost stagger the
imagination.
Here opportunity lies equal)' within the reach
of all. The power to seo it is the difference in
men. It is our business to lessen this difference
by presenting real estate bargains to the investor.
Time is the chief worker in piling up wealth
of Coos Bay Beal Estate. An investor here does
not need extraordinary business sagacity. A com-
paratively small amount of cash mixed with com
mon sense and patience is sufficient.
We have for sale choice business and resi
dent lots in North Bend, Marshfield and Em
pire: We buy and sell lots in every platted addition
on Coos Bay.
We have good bargainsin. coal, timber, tide,
and agriculture lands.
Also pleasant summer resort locations.
Write what you want. We always make
good.
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