THE UNRESERVED TIMBER LAND 249 



grants to the Central Pacific, the Coos Bay Wagon Road, and the 

 Portland, Astoria & McMinville Railroad ;^^® and four years later 

 Congress passed another act, ratifying and confirming all claims of 

 forfeiture which had been asserted by the Attorney-General.^^" 



To the government suit for a general forfeiture of the unsold por- 

 tions of the grant, the Southern Pacific entered a demurrer, but the 

 Federal District Court of Oregon overruled the demurrer, sustaining 

 the government in its contention that the grant was "on condition 

 subsequent," and thus forfeitable if the condition were broken.^^^ The 

 railroad company of course appealed from this decision, and on June 

 21, 1915, the Supreme Court of the United States handed down a 

 decision, reversing the decision of the lower court. The Supreme Court 

 denied the government the decree of forfeiture asked for, on the 

 ground that the condition imposed upon the railroad company regard- 

 ing the disposal of lands to settlers was not a condition subsequent, as 

 the lower court had held, but was a covenant, and that therefore the 

 remedy for the breach of the condition was not forfeiture, but an 

 injunction against further violations of the covenant. This seemed a 

 somewhat inadequate remedy, but it did not prejudice any other suits, 

 rights, or other remedies which the government might have by law or 

 under the joint resolution of April 30, 1908, or under the act of 



KLUgust 20, 1912. The railroad company was enjoined, it may be 

 oted, not only from selling in violation of the conditions imposed in 

 be granting act, but from disposing of the lands in any way, until 

 longress should have a reasonable opportunity to provide for their 

 isposition. Thus the entire matter was thrown back upon Congress.^" 

 In April, 1916, Congress took up the question of the disposition of 

 these lands, and, after a few days of spirited debate, succeeded in 

 passing a law which is a fitting climax to the long list of blunders 

 dealing with the public forest lands. 



THE ACT OF 1916 



This law provides, in the first place, that the Secretary of the 

 Interior, cooperating with the Secretary of Agriculture, shall classify 



1^9 Stat. 14, 239; 15, 80; 15, 340; 16, 47; 16, 94; 35, 571. 



120 Stat. 37, 320. 



121 186 Fed. Rep., 861, 923. 



122 35 Sup. Ct. Rep., 908, 926. 



