CONGRESS. (ORIGINAL-PACKAGE LAW.) 



237 



luuu of the Legislative Assembly of the State of Ore- 

 gon approved Nov. 25, 1885, providing for the means 

 to supply the city of Portland with an abundance of 

 good, pure, and wholesome water over and across the 

 following described tracts of land : Sections 19 and 31 

 in township 1 south, of range 6 east ; sections 25, 31 ? 33, 

 and 35 in township 1 south, of range 5 east ; sections 

 3 and 5 in township 2 south, of range 5 east ; section 

 1 iu township 2 south, of range 4 east; sections 23, 

 25, and 35 in township 1 south, of range 4 east, of the 

 Willamette meridian, m the State of Oregon, forfeited 

 by this act, are hereby confirmed unto the said city 

 cf Portland, in the State of Oregon, its successors and 

 assigns, forever, with the right to enter on the here- 

 inbefore-described strip of land, over and across the 

 above-described sections for the purpose of construct- 

 ing, maintaining, and repairing a water-pipe line 

 aforesaid. 



SEC. 6. That no lands declared forfeited to the 

 United States by this act shall by reason of such for- 

 feiture inure to the benefit of any State or corpora- 

 tion to which lands may have been granted by Con- 

 gress, except as herein otherwise provided ; nor shall 

 this act be construed to enlarge the area of land orig- 

 inally covered by any such grant, or to confer any 

 right upon any Statej corporation, or person to lands 

 which were excepted from such grant. Nor shall the 

 'moiety of the lands granted to an.y railroad company 

 j on account of a main and a branch line appertaining 

 jto uncompleted road, and hereby forfeited, within the 

 conflicting limits of the grant for such mam. and 

 [branch lines, when but one of such lines has been 

 (completed, inure by virtue of the forfeiture hereby 

 [declared, to the benefit of the completed^line. 

 I SEC. 7. That in all cases where lands included in a 

 I grant of land to the State of Mississippi, for the pur- 

 I pose of aiding in the construction of a railroad from 

 ; Brandon to the Gulf of Mexico, commonly known as 

 ,the Gulf and Ship Island Eailroad, have heretofore 

 | been sold by the officers of the United States for cash, 

 lor with the allowance or approval of such officers have 

 : entered in good faith under the pre-emption or home- 

 I stead laws, or upon which there were bona fide pre- 

 emption or homestead claims on the 1st day of January, 

 Ih'jO, arising or asserted by actual occupation of the 

 land under color of the laws of the United States, the 

 right and title of the persons holding or claiming any 

 such lands under such sales or entries are hereby 

 confirmed, and persons claiming the right to enter as 

 aforesaid mav perfect their entry under the law. 

 And on condition that the Gulf and Ship Island Eail- 

 road Company within ninety days from the passage 

 of this act shall, by resolution of its board of direct- 

 ors, duly accept the provisions of the same and file 

 with the Secretary of the Interior a valid relinquish- 

 I merit of all said company's interest, right, title, and 

 ! claim in and to all such lands as have been sold, en- 

 i tered, or claimed, as aforesaid, then' the forfeiture de- 

 clared in the first section of this act shall not apply 

 to or in any wise affect so much and such parts of said 

 grant of lauds to the State of Mississippi as lie south 

 of a line drawn east and west through the point 

 where the Gulf and Ship Island Eailroad may cross 

 the New Orleans and Northeastern Eailroad in said 

 State, until one year after the passage of this act. 

 And there may be selected and certified to or in behalf 

 of said company lands in lieu of those hereinbefore 

 required to be surrendered to be taken within the in- 

 demnity limits of the original grant nearest to and 

 opposite siu-h part of the line as may be constructed at 

 the date of selection. 

 SEC. 8. That the Mobile and Girard Eailroad Com- 



a, of Alabama, shall be entitled to the quantity of 

 earned by the construction of its road from 

 Girard to Troy, a distance of eighty-four miles. And 

 the Secretary of the Interior in making settlement and 

 certifying to or for the benefit of said company the 

 lands earned thereby shall include therein all the 

 lands sold, conveyed, or otherwise disposed of by 

 paid company, not to exceed the total amount earned 

 by said company, as aforesaid. And the title of the 



purchasers to all such lands are hereby confirmed so 

 fur as the United States are concerned. 



But such settlement and certification shall not in- 

 clude any lands upon which there were bona fide pre- 

 emption or homestead claims on the 1st day "of Janu- 

 ary, 1890, arising or asserted by actual occupation of 

 the land under color of the laws of the United States. 



The right hereby given to the said railroad company 

 is on the condition that it shall within ninety days 

 from the passage of this act, by resolution of its board 

 of directors, duly accept the provisions of the same 

 and file with the Secretary of the Interior a valid re- 

 linquishment of all said company's interest, right, 

 title, and claim in and to all such lands within the 

 limits of its grant as have heretofore been sold by the 

 officers of the United States for cash, where the Gov- 

 ernment still retains the purchase money, or with the 

 allowance or approval of such officers have been en- 

 tered in good faith, under the pre-emption or home- 

 stead laws, or, as are claimed under the homestead or 

 pre-emption laws as aforesaid, and the right and title of 

 the persons holding or claiming any such lands under 

 such sales, or entries, are hereby confirmed, and all 

 such claims under the pre-emption or homestead laws, 

 may be perfected as provided by law. Said company 

 to have the right to select other lands, as near as 



Eracticable, to constructed road, and within indemnity 

 mits, in lieu of the lands so relinquished. _ And the 

 title of the United States is hereby relinquished in 

 favor of all persons holding under any sales by the 

 local land officers, of the lands in the granted limits 

 of the Alabama and Florida Eailroad grant, where 

 the United States still retains the purchase money, 

 but without liability or the part of the United States. 



Sept. 16 the Senate adopted this conference re- 

 port ; Sept. 25 the House of Representatives 

 adopted it ; and Sept. 29 the President approved 

 the measure. 



Original-Package Law. On May 29, 1890, 

 the Senate passed the following measure under 

 the title, " A bill to limit the effects of the regula- 

 tion of commerce between the several States and 

 with foreign countries, in certain cases " : 



That all fermented, distilled, or other intoxicating 

 liquors or liquids, transported into any State or Ter- 

 ritory, or remaining therein for use, consumption, sale, 

 or storage therein,.shall upon arrival in such State or 

 Territory be subject to the operation and effect of the 

 laws of such ^ State or Territory, enacted in the exer- 

 cise of its police powers, to the same extent and in the 

 same manner as though such liquors or liquids had 

 been produced in such State or Territory, and shall 

 not be exempt therefrom by reason of being introduced 

 therein in original packages or otherwise. 



This bill was considered as necessary in view 

 of a decision of the Supreme Court to the effect 

 that " intoxicating liquors manufactured in one 

 State, conveyed into another, and there sold by 

 the manufacturer or his agent, is protected by 

 the Constitution of the United States from any 

 regulation or prohibition of that sale by the State 

 law, on the ground that such prohibition or reg- 

 ulation is an interference with the regulation of 

 commerce between the States." July 22, the 

 House of Representatives passed the following 

 substitute : 



That whenever any article of commerce is imported 

 into any State from any other State, Territory, or for- 

 eign nation, and there held or offered for sale, the 

 same shall then be subject to the laws of such State : 

 Provided, That no discrimination shall be made by 

 any State in favor of its citizens against those of other 

 States or Territories in respect to the sale of any article 

 of commerce, nor in favor of its own products against 

 those of like character produced in other States or Ter- 

 ritories. Nor shall the transportation of commerce 



