THE UNRESERVED TIMBER LAND 



253 



As a result of the government suit against the Oregon & California, 

 a large number of persons settled on the railroad lands involved, and 

 also on the Northern Pacific lands in southwestern Washington, evi- 

 dently with the idea that the act of 1870^^^ gave them the privilege 

 of buying at $2.50 per acre. The case of one of these settlers was 

 brought before the Land Office, and there the decision was against 

 the claimant,^^^ on the ground that the real issue as to the effect of 

 the conditions in the law of 1870, regarding sale to settlers, was a 

 question for the courts. It is of course established by a long line of 

 decisions that Congress alone, rather than individual settlers, would 

 have the right to challenge the railroad company for non-performance 

 of the condition. 



127 Stat. 16, 379. 



128 "Land Decisions," 38, 77. 



