The Weekly enterprise. (Oregon City, Or.) 1868-1871, March 13, 1869, Image 1

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f OREGON CITY, OREGON SATURDAY, MARCH 13, 1869.
3VO. 18.
7
18'66.EstabUslied.,1866.
The Weekly Enterprise.
Alftftb:p'j?EXT PAPER,
' mini
Business Man, the Farmer
X -&n the jesijMJ. r cmcc.
PUBLISHED EYERY SATURDAY
' "' '"" ' AT TH8
OFFICE Corner of Firra and Main streets
Oregon City, Oregon', ,, , T ...
jD. C. IRELAND, Proprietor.
TERMS of SUBSCRIPTION:
Single Copy one year .$3 00
Six months 2 00
" " Three months 1 00
CLUB RATES:
Two Copies one year $5 00
t'our Copies Fix months 5 00
Eight Copies three months 5 00
it j" Remittances to be made at the risk of
Subscribers, and at the expenue of Agents.
TERMS of AD VERTISING :
Transient advertisements, including all
legal notices, sq. of 12 lints, 1 w.$ 2 50
For each subsequent insertion 1 00
One Column, one year ; . $120 00
Half " " ; GO
Ojiarter " " . . 40
Business Card, 1 square one year. 12
BOOR' AXD JOB PRINTINVf.
9 A" The Enterprise office is supplied with
beautiful, approved styles of type, and mod
ern MACHINE PRESSES, which will enable
the Proprietor to do Job Piinting at all times
Neat, Quick and Cheap !
SfST Work solicited.
All Busitess transaction upon a Specie basis.
1). C. IRELAND, Proprietor.
BUSINESS CARD S.
JJIfT BARCLAY,
(Formerly Surgeon to the Hon. II. B. Co.)
OFFICE At Residence, Main street Ore
gon City, (Jrezoa.
wr. c. johnsov. r. o. M'COWX.
Notary Public.
JOHNSON & McCOWN,
Ovoa. CrCg, Ortgon.
Will attend to all business entrusted to
onr eare in any of the Oourts of the State,
Collect money .Negotiate leans, sell real estate
ttc. Particular attention giveu to contested
Liud cases.
JOHN M. BACON,
J ustice of ike Peace & City Recorder.
Office In the Court House and City
Council Room, Oregon City.
air Will attend to the acknowledgment of
deeds, and all other duties npiiertaiuiug to the
business of a Justice of thy Peace.
J M I'ERIAL MILLS.
Savier, LaE-oque & Co.,
on EC ON CITY.
t-Kecp constantly on hand fin sale. Hour
Midlings, Bran and Chicken Feed. Parties
purching feed must furnish the sacks.
W
M. BRODGIITOX.
Contractor and Builder,
Main St.. OREGON CITY.
KW Will attend to all work in his line, con
sisting in part of Carpenter and Joiner woik
framing, building, etc. Jobbing promptly
atteuded t .
D
AVID SMITII,
Successor to SMITH - MARSHALL,
Black Smith and Wayon Maker,
Corner of Main and Third streets,
Oregou City
Oregon.
JET Blacksmithing in all its branches; Wag
on making and repairing. All work warrant
ed to give satisfaction.
W. F. HIGHFIELD,
Established since 1849, at the old standi,
Main Street, Oregon City, Oregon.
An Assortment of Watches, Jew
elry, and Scth Thomas' weight
Clocks, all of which are Warranted
to be as represented.
Repairing done on short notice,
md thankful for past favors.
CLARK GREENMAH-,
City Drayman,
OREGON CITY.
. U All orders for the delivery of merchan
dise or packages and freight of whatever des
cription, to any part of the city, will be exe
cuted promptly and with care.
LOGUS Si ALBRIGHT,
EXCELSIOR
MARKET
!
Corner
of Fourth and Main streets.
OREGON CITV.
VB Keep constantly on hand all kinds of
fresh and salt meats, such as
J3EEF, pork,
jMUTTON, VEAL,
CORNED BEEF, IIAMS,
PIC KE LED PORK, LARD
.nd everything else to be found in their line
tOf business.
.r.HTLI-ER. J.W.SUAITUCK.
J. E. MILLER & Co.,
VA-tfttVAGirtREaS OF AXD PEALEr.3 IX
Roots aud Allocs!
At trie Oregon Ctty Boot and Shoe
Store, Jfain street.
THE BEST SELECTION"
Of Ladies', Gent'," Boys', asd Children's
isoots and Shoes, on band or made to order
J7ARR & BROTHER.
BUTCHERS & MEAT VENDERS
y Thankful for past favors of the publie
respectfully ask a continuance of the same.
We shall deliver to mir natrons all the best
qualities of Beef, Mutton, Pork, Poultry etc,
h uauai twice a wees, on
Tuesdays arid Saturdays!
, . Ancient Dlwelpline Vs. Kodern. t I
A good old Oebrevr proverb says,- ?
When boys gei off the track, 4
Tbe ewitchmust be discretlejr iedl
To bring tbe rebels back. .
But later wisdom, to correct - ir 3
: ; The follies of the jonngt' ' I
Applies a Homceopathie dose , ' ; I t
Directly to the toDgue. -
- In Bible days tbe parents fixed
A penalty to sin, 'V' ' v
And Jmyged the esUroo'tb &eri t. 4
With tripe npoa the skin ;
They little thought that kind papaa
Would live in time to come.
Who would reject the virtuqus rod,
And try a sugar plum.
When wilful sons ia anger rose,
Against indulgent sires,
How powerful was this Jewish art
To cool their raging fires.
And so the zealous Puritan,
With Scripture for his guide,
To conquer youthful waywardness
Its potent magic tried.
But modern heads of families
Contend for moral suasion ;
They think it dreadful to abide
The scourge's sharp abrasion ;
They call it cruel to afflict
With blows tbe erring son.
And say there is a milder way
In which it may be done.
And yet, parental dignity
Was held in reverence then,
And all obeyed their father's voice,
From children up to men.
They did But smoke, and strut about
Like our precious lads,
Or swear, and brag in vulgar jest
How they could rule their dads.
Now if results decide the test,
I know wc surely should
Agree to say that ancient plan
Accomplished lots trf good ;
And wise old Solomon's advice,
To have a cudgel handy,
Is better far to keep the peace
Than flattery and candy.
Tle Oregon Central Ilailroa.il Ques
tion in the Senate of tile Unittil
Mutes.
As very good men have often been de
ceived by very bad men and as the
Westsiders" claim everything done
in. Congress thus far on the matter of the
Railroad interests of this immediate sec
tion, we propose to give a full synopsis of
the proceedings in the Senate on the 4lh
ultimo, that Oregonians may not be mis
lead by the Gas(t)onade" of the west side
O. C. K. Ii. We claim that the whole pro
ceedings in Congress are favorable to tbe
Oregon Central Railroad Company of
Salem. In the Senate on the day above
referred to, Mr. Williams moved that the
Senate proceed to the consideration of
Senate bill No. 77 6.
The motion was agreed to.
The Chief Clerk read the bill. It re
cites in its preamble that the Legislature
of the State of Oregon by joint resolution
adopted in October. 18(18. designated the
Oregon Central Railroad Company, a
company whose articles of incorporation
were filed at Salem. Oregon, on the 22d
day of April, lS(i. as the company to
take the lands and reeeive the benefits
granted by act of Congress to which this
is amendatory ; and that at the time of
such designation the period of one year
within which the assent of such company
was required to be filed had already
elapsed, and the company was therefore
unable to comply with so much of the act
as required the filing of its assent thereto
within one year alter its passage. The
bill therefore proposes to amend section
six of the act of July 25. 1666. so a.s to
authorize the Oregon Central Railroad
Company to file its assent to the act in the
Department of the Interior within one
year from tbe date of the passage of this
bill ; and such filing of its assent, if done
within one year from its passage, js to
have the same force and effect to all in
tents and purposes as if the assent had
been filed within one year after the pas
sage of the act of lSGb' ; but this is not to
aft'ect the rights or privileges of any other
company under the act approved July
25. 18(iti.
The Committee on Public Lands pro
posed to amend the bill by striking out
all afier the enacting clause and insert
ing :
That section six of an act entitled "An
act granting lands to aid in the construction
of a railroad and telegraph line from ttie
Central Pacific Railroad, in California, to
Portland, in Oregon," approved July 3r,
1866. be. and. the same is uereov, amended
so aa to allow any railroad company hereto
fore designated by the Legislature of the
State of Oregon, in accordance with the first
section of said act, to tile its assent to such
act iu the Depa:tment of the Interior within
oue year from the date of the passage of this
act and such tiling ot its assenf.it aone
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 tiled within one year after
the passage of said act.
Sir. Howard. I inquire of tbe honora
ble Senator whether this ia the Pacific
branch road in Oregon?
Mr. Williams. 1 will state that in July,
1366', Congress passed an act to grant
land for the construction of a railroad
from Sacramento, or some point in Cali
fornia, to Portland, ia Oregon, and this
bill relates to that land grant so far as
Oregou is concerned. I will make a brief
statement of the grounds upon which tht3
bill is proposed to the Senate. The act of
1866 provided, so far as the land grant in
Oregon was concerned, that it should go
to such eompany organized under the
laws of Oregon as tbe Legislature of the
State PhouUi thereafter designate. Ac
cording to the act, then, the railroad com
pany was to take this grant ot land as
provided by some designation of the
Oregon Legislature. Two companies
were formed, locating their lines of road
on opposite sides of the Wallamet river
parallel with each Other. In October,'
1866, the Legislature of the State of Ore
gon undertook to designate1 company,
but at that time the-;Crnpany was not
formed. Articles of association had beea
signed by a few persons. After its desig
nation other persons signed the articles of
association and they were filed ; but it has
been determined by tho Secretary , of the
Interior, and that seems to be the prevail
ing opinion among legal gentlerhen. that
this designation made ln18C6 was a yoid
designation"1- Subsequent to this timethe
Legislature assembled,,! 1868,an(l, des
ignated another company, called there th,e
east1 'side" company. The- ornpony "that
the Legislature undertook to designate ttr
the first place is called the west side
company. The Legislature designated
the east side company in 18fi8, but that
designation was made after tbe expiration
of the year within which the company
designated was to file its assent.
Now. as the matter stands, the land has
lapsed to the General Government, and
will be lost to the State unless there is
some legislation by Congress for the pur
pose of saving to tbe State the land ; and
the question is whether Congress shall un
dertake to designate one company or the
other, or whether Congress shall provide
thai either company or both may file an
assent within a year from the passage of
this bill and let the questions that arise
between the two companies be settled by
the local tribunals of the State of Oregon.
I have no other object in this legisla
tion except to preserve this grant to the
State of Oregon. If there is not some leg
islation at this time on the subject the
whole grant will be lost to that State ; and
Oregon has never yet had one foot of land
granted to her for railroad purposes. In
consequence of this unfortunate difficulty
that has occurred there between these
two companies the land has been suffered
to lapse to the Government ; and I simply
desire this legislation for the purpose of
enabling one company or the other to
have the land so that it may not be lost to'
the State. I have no interest whatever in
either company. Friends of mine belong
to both, and both roads terminate in the
city where I belong, so that I have no in
terest whatever in one road over the
other. I have no particular preference
for one road over the other ; but 1 desire
some legislation hy which this land may
be saved to the State. It is with that view
that this bill is proposed. 1 know that
one company wants the land and tin?
other wants it ; but there are various
questions existing as to the validity of the
organization of these respective com
panies, as to the good faith in which they
have proceeded, and an infinite number of
such questions have arisen in this contro
versy between these companies which, it
appears to me. Congress cannot decide;
and so to reach the matter in the easiest
and shortest way I prepared this bill, and
it was referred to the Committee on Public
Lands and reported by that committee.
Mr. Corbett. Mr. President. I am re
quested by the parties who were designa
ted in the first instance in 18(16 to state !
the facts of this case to the Semite. On
the 10th Of October, IStiG. the Oregon
Central Railroad Company was designated
by the Legislature of Oregon as the com
pany to receive these lands. The mem
bers of the company associated them
selves together on the th of October, pre
vious to the designation. A remonstrance
has been laid on the table from that com
pany setting forth th facts in the case.
Mr. Conkling. Setting them forth truly?
Mr. Corbett I will state briefly the facts
as I understand them. The company in
whose behalf the lemonstrance is made
was designated by the Legislature of
Oregon iu I860 as the company to re
ceive this grant of land. This gentleman
filed his papers with the Secretary of
State of Oregon as required by law. It
will be apparent to the candid reader that
several gross errors are stated in the re
marks of Mr. Corbett. whom we doubt not.
has been lead to believe himself correct
by the west-siders misrepresentations
Er. ExTKKKKisK. And by the consent of
the Secretary of State withdrew those pa
pers to obtain some additional signers, in
order to get other parties that had capital
interested in the road; and he afterward
filed the papers with the additional names.
Then, tbe company having been designa
ted, they filed their assent to the require
ments of the law with the Secretary of
the Interior here, who recognized them as
the parties entitled to the land grant. I
have here the letters ot the Secretary of
the Interior. I will state for the informa
tion of the Senate that the secon'l Legis
lature has designated the east side road,
so-called, but by that legislation they have
no standing in court, and they ask that
this bill may be acted upon to give them
a standing in court so that they can con
test the right to the land against the
west side company. The west side com
pany claim that they are entitled to the
land, and the case is before the courts in
Oregon now. The west side company
bare gone on since they were recognized
by the Secretary of tbe Interior ami com
menced the work of grading, and have
spent S1W.O00. We think it verv doubt
ful if they have expended one qu:rler of
that ?um En. Enterprise. Under the
assurance from the Secretary of the Inte
rior that they were entitled to the land
grant. They claim that they have a vested
right in it. I have no other motive in this
matter except to see that all concerned
have a lair bearing. iotn parties are
friends of mine. I have not one dollar
interest in either road. But there are
parties who have invested their money in
the road first designated with the under
standing that that company was entitled
to the land grant. This bill virtually
gives it to the other company, and there
fore they protest against it.
Mr. Conkling. Let me ask the Senator
a question. If I understood him aright,
he said that without this legislation the
one party now seeking to contest would
have no "standing in court.
Mr. Corbett. Because the time has ex
pired. Mr. Conkling. Let us see about that.
If this remonstrance be true theallegation
of the now applying party is that there
never was a corporation, a legal company,
within the act of Congress, which could
be designated to receive this land. If
that is true, either because an inadequate
number of persons signed the articles of
association or because the custodian and
filing officer of those articles allowed them
afterward to withdraw the articles, or for
any other reason ; then it is legally true
thnt this contestant or anybody else has
standing enough in court to restrain and
prevent the "West sidj "people lrom taking
lands .to which: in flSpefc they are not en
titled.; JL ask tbe,SeXte from Oregon to
state why It isjhat aUnotiga these parties
may not "have a tamTmjj; in court to ac
quire the land lbiasws, owing to the
lapse of timeitneylirt'uot the requisite
standing in court iq ascertain whether in
truth the other peopl w entitled to be
the'recipientst)f thei lawSs or not?
1 . Mr. Corbett? ? f heetoe Is' no w pend ing
in the: courts-; Jt eteritned by the one
side:. tbat technical, Ti the first company
were not' hf brgajiizied,, and could not
therefore !be d?sigrtafeC '
Mf. Con kfl;. X ten ithejL ar. oti
titled to the land. .
Mr. Corbett. The second company claim
that tbe west side company is not entitled
to the land from the fact that there was a
want of some technicality at the time of
their designation. The west side company
claim that they had a sufficient organiza
tion to be designated by that name, and
that they did file their assent with the
Secretary ot the Interior, and under that
assent, as soon as they were recognized
by the Secretary of the Interior, the right
to the land vested in them, and therefore
they are entitled to it. The mere desig
nation of the name of the company did
not vest the right to the land in them un
til they filed their assent with the Secreta
ry of the Iuterior. which they did within
the time prescribed by law. but the other
company did not. although they had three
months in which lo file the assent until the
present Legislature assembled, when they
were designated by that body as the com
pany. They asked the Legislature to
designate them as the company entitled
to the grant.
Mr. Hendricks. Which company was
designated by the Legislature of the State
first t
Mr. Corbett. The west side company,
who present this remonstrance against the
passage of this bill.
Mr. Hendricks. The Legislature gave
that company the lands first?
Mr. Corbett. Yes. sir.
Mr. Hendricks. By a corporate name ?
Mr. Corbett. Yes. sir.
Mr. Hendricks. Then it was claimed,
as 1 understood, that they bad not or
ganized technically according to the laws
of Oregon because of the want of some
names to the articles of association.
Mr. Corbett. Because they withdrew
the papers to get some additional names
and afterward filed them.
Mr. Williams. I hone Senators will not
jump at conclusion, i have had no op
portunity to explain this matter.
This bill was reterred lo the Com
mittee on Public Lands. This
person who files tbe remonstrances ap
peared there, and at hi? request the bill
was laid over one week in the committee
to enable him to prepare bis objections to
the passage of the bill through the com
mittee. He has been engaged in this rail
road controversy for a considerable" length
of time, and it is not supposed that he
was ignorant of the facts. The bill was
laid over for one week ; he appeared be
fore the committee and asked tor further
time. Objection was made because time
was precious, and to delay the bill was to
defeat it. Now, I do not, wish to go into
the controversy as between these two
roads. One road charges the other with
an invalid organization and with bad
faith. Controversies have grown up over
these questions in the State of Oregon.
J have the evidence here to show, if
necessary, what the allegations of the re
spective ;ailroad companies are. When
the Legislature in ltti(! designated the
company that is called the west side road.
there was ito cowpaw ia existence At the
time. If there had been any company
then there would have been no further
question ; but there were articles of asso
ciation signvd by eight persons. Those
articles icre not filed in the Secretary of
State's office as required by law. The
articles were imperfect, because other
persons signed the articles afterward, and
they were not filed in the Secretary's of
fice until some time afier the designation.
Some of ihe identical persons who signed
the original articles of incorporation, be
lieving as they d d that this designation
of a company which did not exist ttas
void, f rmed a new company, and the or
ganizations of tbe two companies were
Completed about the same time, the or
ganization of the west side company pre
ceding the organization of the other by a
lfttle while.
Mr. Hendricks. Allow me to ask one
question.
Mr. Williams. Certainly.
Mr. Hendricks. At the time the Legis
lature designated this company by a cor
porate name were there any articles or
any papers filed in any public office pur
porting to be an organization of any com
pany ?
Mr. Williams. None whatever ; the pa
per was in the pocket of an individual,
and was not filed in any office until some
time after the designation. Ti e organiza
tions of the two companies were completed
about the same time; they commenced
work about the same time on their re
spective roads, the east Hde company
claiming that there was no designation,
and that the company to be afterward
designated by the Legislature would be
the right company, and both companies
have performed woik and expended
money. One company has graded five or
six miles of road and expended, (as it is
stated. S 100.000.) and the east side com
pany has graded some forty or fifty miles
and expended. $250,000, and it has large
mills now in operation cutting timber to
be laid down next spring.
M. Hendricks. Are they parallel lines ?
Mr. Williams. Yes. sir.
Mr. Hendricks. How far apart?
Mr. Williams. One is on one side of
the river and the other on the other side
a few miles apart.
Mr. Hendricks. Which has the Com
missioner of the General Land Office re
cognized ?
Mr. Williams. The Secretary of tbe In
terior says I have his letter here that
neither company is entitled to this land ;
that it reverts to the Government It is
simply to save the land to the State that I
desire this legislation. I submitted a
copy of this bill to the. Sccre-tary of the
Interior, and asked him if there was any
action in his Department or anything in
his view of this subject that rendered this
legislation unnecessary. I can read my
letter if it be desired. He answered tbxt,
as the matter now stood as the west side
road teas "ot designated by the Legisla
ture, not being in existence at the time,
and as the other road vns designated after
the lapse of one year as the matter now
stands the public lands belong to the Gov
ernment ; neither party can obtain" them ;
and he will not recognize either party or
certify the land to either company. At
the last session of tbe Legislature both
companies appeared before the Legisla
ture ; one entire day was occupied in tak
ing the evidence of the respective parlies,
one entire day iu hearing the connsel of
the respective parties, and the Legisla
ture then decided, by a vote of 14 to 8 in
the' Senate, and 28 to 18 in the House,
without any distinction of party, to desig
nate the east side compuay : and now hs
tiitdeiguaiioa ha bees made, aa&.as
the west side company cannot take the
land, this bill sin:pjy provides that either
one of tbe companies heretofore designa
ted may file its assent with the Secretary
of the Interior to the act. and then the
controversy as between these two com
panies is to be conducted in the courts of
tbe State of Oregon.
That is the way in which the matter
stands. 1 would say if either one of these
companies had this land or could get it 1
would not propose any legislation ; 1
should be perfectly satisfied. But as the
matter now stands neither company can
obtain tbe lauds ; and Congress cam.ot
propose, as it seems to me. lo grant the
land to one company and exclude the
other, because that would necessarily in
volve an examination into all these ques
tions as to the validity of these respective
organizations, as to good faith, and all the
questions of that nature, which are prop
erly questions to be determined by the
local tribunals of tbe State ; and I. witn
ont any prejudice tor either road or any
interest in either, have supposed that this
bill was the only way in w hich the end in
view could be reached. If there is any
other or better, way, of course 1 am pre
pared to udopt it. But here is the deci
sion of the Legislature of the State of Or
egon njter takiii'j evidence vjujn ihe subject
and hearing counsel for both companies.
Here a the decision of tbe Committee on
Public Lands on this question ; and we
had before the Committee on Public
Lands a remonstrance of members of the
Legislature against the passage of this
bill, which is more elaborate than the one
laid on the tables of members. The Com
mittee on Public Lands had an opportu
nity to examine all the papers.
- Sir. Corbett. I a;sk for the reading of a
telegram from the Secretary of State
which 1 hold in my hand. I understood
my colleague to say that there were no
papers on ti'e in the Secretary of State's
office at the time the designation of the
west side road was made. 1 call for the
reading of the telegram.
The Chief Clerk read as follows :
Gaston presented for filing articles of in
corporation Oregou Cei.tral Kadroad C:un
pany, October W, lMif ; withdrawn wiltiiny
consent. November 21, same year, (iastou
tiled duplicate papers lor same company.
SAMUEL E. MAY.
Mr. Corbett. He withdrew these pa
pers, which were filed October 6, with
the Secretary of Slate. On October 10.
w hile those papers were in the hands, of
the Secretary of State, the Legislature
designated the company which is c.-l'ed
the west side road, and he withdrew them,
with the consent of the Secretary of Stale,
for tbe purpose of obtaining new sigHa
lures and to enlist other persons in the
construction of the road. Now 1 ask tor
the leading of the letters of the Secretary
of the Interior frOm the commence
ment with regard to the designation of
this road, that the Senate may see how the
matter stands. I semi them to the desk.
I ak for the reading of these letters
to show that the Secretary of the Interior
has recognized this company from the first,
and that the other company did try (o flie
an acceptance of this grant, but Secretary
Drowning refused to receive it. the time
having expired. It is clear that the west
side company, as it is called, was desig
nated by the Oregon Legislature and has
been recognized by the Secretary of the
Inttrior. They claim that if there ivas
any imperfection in their withdrawing
their papers with the consent of the Secre
tary ot State of Oregon for the purpose
of getting new signatures and getting oth
er persons with c.-ipital interested in pros
ecuting the work, that imperfection should
be cured rather than that you should take
this land grant away from the company
first designated, and who have expended
their money with the understanding that
they were the road properly designated
and recognized by the Secretary of the In
terior; but if this bill passes as proposed
now it virtually designates the other road,
the east side roaJ, and thiows the west
side road out entirely.
Mr. Williams. I wish to correct the
Senator in that respect. There was no
filing at that time; and the Secretary of
State swore before the Legislature that an
envelope was presented to him containing
some papers on which he indorsed in peu
cil a note, but that the papers were imme
diately taken away by the person who
presented Ihem. and that they were not
filed until the 21st of November following.
I have his certificate to the fact that the
articles of association w ere filed on the 21st
of November. 1806.
Mr. Corbett. I will state that I under
stand the envelope was nurked "Present
ed October 6th. 186(!.'7 and, as is customa
ry with officers, they laid it by for formal
filing.
Mr. Conkling here followed with about
twenly-four columns in rehah of Gaston's
favorite themes, after which Mr. Williams
said:
Mr. President. I do not appear here to es
pouse the cause of either railroad compa
ny, as the Senator represents; but I ap
pear for the State of Oregon, and I have
no other object in view than to save this
land grant to that Slate.
The Senator has undertaken to argue
that the west side company was entitled
to thii land under the designation in 1866.
I do not pretend to controvert, that asser
tion. 1 do not wish to discuss that ques
tion at this time or have it decided by
Congress. I only know that since the des
ignation in 1868 the president of this rcest
roa1 company has applied to the Secretary
to recognize that company, and he has re
fused io do it; and I further know that the
t-ecretary ot the Interior, in answer to a
letter which I addressed to him asking
him if this legislation were unnecessary,
hits declared thai neither company teas enti
tled to this land, but that it had lapsed to the
Government. I can conceive of no other
way to save tbe land to the State except
to provide by this act that the land grant
eball be revived tor one year without pro
viding that it shall belong to one compa
ny or the other, and then let the compa
nies litigate their rights to this land. That
appears to me to bo an equitable course
to pursue.
1 undertake to say that this bill does
not in any way aft'ect the rights of the
west side company to this land. It does
not profess to take away any right from
any company, or to bestow auy right up
on any company, but it simply proposes
to revive the grant for one year, so that
these parties may litigate with each other
or before-the Interior Department as to
which is entitled to the land. If the Inte
rior IVparfrrrjrnE or the Courts phonld d
cidwlbat the designation of th west side,
company, made in lStiH, -was a good and
valid designation. I should not find any
fault whatever with that decision, because
it. is a matter of indifference to me as. to
which company has this land. But if up
on litigation it shall be determined that
that designation is void, then I want the
land to fall into the hands of the other
company, so that it may be appropriated
to the construction of a road; so that we
may have one railroad in the State of Or
egon; and if this land grant is lost it is
doubtful wbftbr we shall have any road.
Now Mr. President, that is simply the
position which I occupy on this subject
This bill is in general terms.
1 would be willing, if it w as practicable
to do so. to take up one of these roads and
to designate the road that should be enti
tled to the land; but these are now diffi
cult questions, and the Senator has sug
gested several judicial questions upon
w hich it is necessary to take evidence, and
upon which it is necessary that the courts
should decide, in order to determine as to
which company has the better right. P
did not suppose that Congress would de
sire to go into this protracted and difficult
investigation, and therefore this bill is put
in a shape where it is only necessary for
Congress to say that thi3 bifid grant shall
live one year longer for the benefit of tbe
company that may be entitled to it by the
decision of the courts. That is all that
this bill proposes to do. and I am sure
there is nothing inequitable about it: noth
ing of which either company can complain.
If it is the misfortune of the west ide com
pany to lose the land, of course I regret
that misfortune. If it is the misfortnne of
the other side to lose it, that is to be equal
ly regretted. But. sir, something, it seems
to me. must be done. I propose (o acquit
myself upon this milter to the people
whom I have the honor to represent here..
If it. be the pleasure of the Senate to refuse
to puss this bill, or any other legislation
on the subject. I have acquitted myself;
I have endeavored to maintain the inter
ests of the State without nny favor toward
either one of these companies. And now.
sir. I wish to have the correspondence
with the Secretary of the Interior read
and put upon the record, and 1 shall Lave
no more to say on the subject
The President pro tempore. It will be
read, if there be no objection.. ,
The Chief Clerk le.id the following let
ters :
SfcXATS Cn AMDEn,
Washington, January 15G!);
Sir : I respe. tiully i'ivi?? your attmtion to
sect-on one of nn act et.tt'.ed ' An ait grant
ing lands to aid in the construction of a r ; il
road d ! It-graph line from the Central P t
cttic Ita lrotd, in Calf.rna, to Port an-, in
Oregon," approved July 'in, 186;;, providi g
forthe d.spi'sition ot tite lands gmuttd by
said act in the State f Ou gon.
!ncl-ed, pltn-e find a amphlet entitled
"Statement of Fact-,'' wliicfi ml y -ets forth
the rights and clatina of a eomparn desig-at--H
!y the Legislature of said S!;it'-, i-i d -toiler,
A. D. lijs, commonly called tae '' East yide
Company."
Inclosed al-o please find a papr sigred bv
nine tin risers of the Oregon Se; a(e, pf"fe-t
ing again-t the acti n of sa'd l, ti-lature in
October,- l'C, in w hirh the rights' nd cla:ro
of a company d-.-siguai rd in Oi toi r, IS6',
commonly called tbe '"West Side Coiupa.'-y,"
are fully stated.
I a!-o inclose a cfpy of a full. No. 77", which
I have introduced into the Setoff.
I have nothing to say as to ths c'aims and
fights of either company; bnt l:i view of the
(net that the articles ot incorporation of the
west side company were not tiled in the office
ot t Secretary of Slut tint;! aft r its desig
nat on by the Legidatcf in ISC? inyit w
of the fact llmt the ea-t side rorrpa y cann t i
file its asyent, as requited by the six h sec
tiua f said act, the time f avi- g elitpsed, I
am apprehe .sive that ttie hem tits of sai.l act
will be wholly lost to fhe State nnless some
tiling is done to prevent it. NVid you t:e good
enough to adVie n-e if there is anythi g in
the action of your Department or the views
you entertain of the mutter making unneces
say the propo-ed legi-lation.
Your tr.-ly, GEO. II. WILLIAMS.
Box. 0. 11. liaowxiNu, Secretary oi" the In
terior, Washington, L. C.
Department of Triv Txtfrtoi;,
Wad;ineton, I), o. January 20, 1860. t
Sir: I have received your letter ot the l'jtb
instant, and the accompanying copy of Sen
ate I .ill N'o. 77ti, to amend an art granting
lat.ds to aid in the construction of a railroad
aod telegraph line from the Central Paciti
railroad, in Cs'ifortiia, to Portland, in Oie
gou, apjrved July 'Z, 1SC5, wiih other pa
pers relating to the nubj-ct.
Said act required the Legislature of Oregon
tn designate a company org iniztd under the
laws of the St te to V cite and construct so
much ot sa d ro;d as v as in Oregon, at d t! at
the company so designated shot.ld file its " hs
sent " to the act of Congress within cue j-L-ar
alter its passage.
By a resolution adopted by tbe I.egisla
ture October 10, 1-Sfie, the Oregon Central
K .ilroad Company was designated to loe .te
and construct said road in Oregon. Two
companies called the Oirgon Central Kail
road Company claim to have been designa
ted. These, it appears, are locally called the
east side company and the west' side com
pany.
At fhe date of the adoption of said re-olu
ion by the Legislature neither company
bad been organized as required by the laws
ot Oregon. The west side company, however,
tiled its asscDt in this departmeut within the
year.
By a resolution adopted bv the Lrg:sla
ture in October, 18iS, the east side company
was designated. The purpose of the bill, as
understood, is to authorize this company to
file its assent" without piejudue to the
rights or interests of tbe otner companv,
and yon ask for an expression of mv views
as to whe her there is any necessity for the
propo-ed legislation.
In reply I hare the honor to state, that as
the matter now stands the grant, su fir as
the portion of road in O eg.ui is concerned,
has lapsed, while the grant for that portion
of the road situate in California is st'iil in
foice, and some legislation by Congress is
nece.at.sar) w revive me grant lor the Ureoa
portion of the road.
The piopo-ed bill, if it becomes law, will,
in my opii.i'm, accomplish that put pose.
On the lth instant 1 declined to act u on
maps nieu by the wc.t side -company "in
the absence of a judicial decision as to tbe
rights of the claimants or some action by
Cong ess upon the subject." I inclose a
copy of said letter.
The papers which accompanied your letter
are herewith leturned.
I am, sir, very respectrully, your cbedienV
servant.
O. H. BKOWNIXG. Secrcttry.
lion. Geobge H.Williams, United States'
Senate,
Department or the IxtbuiOr, I
Wa shin ares, I. C. Jan., 13, !$tj9. f
Sir: 1 have received your letter of the 11th
instant asking that certain maps filed by J.-Ga-ton,
L"Sq.v under tbe aet-pproved Juj
2D, leiti,,s showing Ue kicatjjiu of vL raiU
road from Portland jn Oregon, .to the north
ern line cf'th IStxte of California, By ba
accepted by tbis Department. j
la reply, I have to state that as there are
two companies of the f-ame name claiming
under the laws of tiie State of Oregou the
benefit of the grant made by said act of 18G8
1 must cechne, in the absence of judicial de
cision as to the rights of the claimants, or
some action bv Congress upon the subject,
to comply with your requast.
Very respectfully, your obedient servant
O. If. BROWNING, Secretary.
S.G. Reed, tsq.
Cars lion. 11. IV. Corbett, Unittd Stales
Senate.
O
Mr. Corbett. Do I nmlerstand that
that last letter is addressed to me, or to
some one else in mv Care?
The Chief Clerk. To " S. G. Reed,
care of Hon. II. W. Corbett, United States
Senate.'
Mr. Corbett I never saw the letter be
fore. Mr. Williams. They sent me a copy of
it And I wish to state that with my let
ter I submitted to the Secretary of the In
terior the protest signed by nine members
of the Legislature, in which every fact
and every argument that can be made in
favor of this we?t side road was made.
This was sent to the Secretary of the In
terior wiih what is called a s'atement of
the facts on the other side, lie was re
quested to examine and decide the mat
ter; so that he was not ignorant of the
argument on both sides of the question.
Mr. Corbett. I will state one very im
portant fact, that the telegram which had
been received sia'es that the paper were
placed on file ia the Secretary's hands on
the tilh day of October. 18o6. and the
company was designated on the 10:h of
October as the company to receive this
grant. This is the statement of the Secre
tary of State. He. it appears, had made
a statement before that that tbe papers
were not fiied until some time after. Tho
question is. when the papers were really
ii:ed ; whether they were filed when they
were placed in the Secretary's office on
the 6th of October, or whether they were
not filed until after they were withdrawn
and replaced again. 1 hat is the position :
and the Secretary of the Interior doe not
appear to be cognizant of these facts. That
is all I have to siy.
The Piesident pro tempore. The ques
tion is on referring the bill to the Com
mittee on Public Lands.
The motion was agreed to'.
Woman's Law. Mark Twain say s
when women framo laws the fust
tiling tlicy do will be to enact:
1. Tl at all mi n shall be at tome'
at ten p. it. wi;b 'tit f mi I.
4. That nitirried men f hotald be
stew considerable attention upon
tbeif own wive?.
3. That it should be a hnyinq"
offense to sell whisky in saloons,
and that hv.es and disfranchisements
should follow it in smb. plfiCt 8.
4. That the smoking of cigar
to excess should be forbidden,- at d the
smoking of pipes nt'efly abolished.
5. That the wi:e should have the
title of her ovn property when she
marries a man that ha in" t nny.
"Such 1 -ran, as thi-,'" S tys'Mark,.
" we cotiki never stai d. Our freo
souls could ntnr endnre si C'i degrade
ing thraldom. Worn: n, go i.way!
Seek not to I eguile us of our impe
rial pinleges Content yotirstlves
with your lilt 'e f minine trifles your
babies, your benevolent societies
your knitting and let yotirbosts
do the votitg. Stand back yea
will be wanting to go to war next.
We will let you tench school as
much as you vrant to, and pay yon
luilf pricj too; but beware! we
don't want you to crowd us too
much."
The San Francisco Times says
that six noted Chinese burglars ar.
rived by the last steamer from China
and Jopan. The Chinamen who gave
the information say that these robbers
were noted rhuraeters in China, and
that they had to flee to this country
to save iheir lives. They have with
tin m an at esthetic, which" is described
as being much more powerful than
eholoform w hicli they use to put pea
pie to sleep.
.
A new car wheel has recently"
been invented. The wheel is made
in two parts, and consists of a web
which is bolted fast to the hub. A
ring of rubber interposed between
the web and the hub and secured by
the belts and flanges receiv-s the jar"
of the loaded car. It is claimed tbaf
by this arrangement the cirs rida
more: easily, and the danger of break
ng the axle is diminished.
It is said that the only infalUVje
way to ascertain that death, has tken
place, with ihe exception of -decomposition,
is by holding a tn-per to a
part of the body. If ths b ister on
peing punctured givts forth a fluid
tsubsiauce, death has not taken place.
If air Is emitted, death ba3 occured.
I i
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