Thereupon, without inquiry as to the facts from the State officials of
Oregon, or from the road company or their representatives, who had all
the evidence in their possession--without one word of notice to any of
the parties concerned--a man named Prosser, then residing at Seattle,
and occupied in repressing unwarranted timber-cutting on Government
lands in that neighborhood, was dispatched to professedly examine into
the condition of things. His journey; the narrative of his duplicity;
of his inducing the president of the road company, in the innocence of
his heart, to fit him out and to lend him all the money for his
expenses; of his return and interviews with the citizens of Albany; of
his subsequent report that no road existed where upward of five
thousand wagons and innumerable droves of cattle and of passengers on
foot and horseback had passed without accident for ten years; of his
allegations of the trivial cost of the works, met by the evidence of
the outlay of about $100,000 on the construction and repairs of the
road; of the storm of indignation which swept through Linn County, and
found expression wherever the facts were known--all these things form
an amusing chapter in the history of this transaction.
The Congressional committee, to whom the matter was referred, reported,
as might be expected, that Congress had no jurisdiction; that, so far
as they could see, the present owners, being innocent purchasers, had
good title to the lands; and that, if there were to be any attempt made
to disturb them, it must be a judicial and not a legislative matter.
Meanwhile an action of ejectment had been brought by the purchasers
from the road company of the land grant, in the United States District
Court at Portland, against a squatter on the land, whose letters of old
date to the Commissioner of the Land-Office had been made the pretext
for the course taken by the Secretary of the Interior. Every
opportunity was given for raising in court the question of no road; but
the defendant dared not accept the challenge, and Judge Deady rendered
judgment for the owners of the land grant, and so settled the question
for good and all, so far as I can see. His judgment was masterly and
exhaustive, and I should think would convince any candid mind.
Thus ends this act in the drama, with the position of the Oregon
Pacific confirmed at every point, and the Oregon Railway and Navigation
Company with a very pretty quarrel on their hands with the Northern
Pacific, and an impending competition, at which the farmers of the
State rejoice.
And so the transportation question in Oregon is in a fair way to be
settled in a manner consonant with justice and honesty, so that produce
will be charged only what is commensurate in fair measure with the cost
and risk of the service rendered, and not in the opposite direction of
what the producer can bear.
[Sidenote: _THE YAQUINA IMPROVEMENTS._]
Public-domain text, read in full here on John Shaqi.
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