Page:Oregon Historical Quarterly volume 25.djvu/392

 350 JOHN TDLSON GANOE the men whom the Legislature supposed were Incorpor- ated at Last Session, and to whom, as a Company they intended to give the grant. But suppose it was claimed that although no company was in existence at the time the resolution was adopted that as a matter of law the grant would vest in the Company first Incorporated under the name designated—which was that of Nov. 17, 1866, which is not the West Side Company, and suppose that Company never proceeded to subscribe its stock or elect directors, but was permitted to lapse, and was aban- doned—the result most unquestionably would be even in that view, that the Land grant would revert into the hands of the Legislature and consequently the West Side Company has no claim to it. The truth of the business is no Company was in existence and consequently no com- pany could be designated in my judgment, and now the question before the Legislature should be:—Which of these two corporations are the most meritorious? Which one is pursuing the route indicated in the Act of Congress, making its grant? namely from Portland "Southeasterly through the Willamette, Umpqua, and Rogue River Val- leys" which is the most central road, and most nearly in accordance with the intentions of the Congress of the United States? Which is the most likely to go and build the road? Should it be given to the East Side Company to enable it to meet its contracts with capitalists with whom they have already contracted and who are already on the ground pushing forward its work? Or should it be given to the West Side and take all the chances of delay and of final failure in securing outside capital without which no road can be built ? Judge, I hope you will pardon me for consuming so much of your valuable time in this matter, and my,only excuse is a deep-seated conviction of my mind that every consideration of right and equity would call for action in favor of the East Side Company, and feeling as I do that any other course at this critical moment in the history of our State, would be damaging to her best interests in the highest degree—should you regard this matter in the same light that I do and should you feel at liberty to indi- cate your views in a letter written to Mr. Powell, or to myself, to be shown to him or to any others you might designate, I shall be much gratified. Should you decline to do so, of course it shall not disturb our present friendly relations and you will pardon the request.—The Senate