it appeared from the testimony of the managing director referred to, that the Oregon Steam Navigation Company was negotiating a sale of their old track and our road-way to the Northern Pacific Company for a very large sum, and therefore the land was very valuable, worth $50,000. As though a pretended taking of the money out of one pocket and putting it in the other of substantially the same company, could or ought to give value to such land! Land which respectable witnesses stated, for any other purpose than a railroad compelled to have it, was worth scarcely Congress price—literally valueless—the jury allowed $10,000. As land it is of no value, but as the gateway upon the Oregon side, barring the navigation of the Columbia river against rival enterprise, the right of way secured at that point is beyond computation to the country.
The contracts being made upon condition of obtaining this right of way, I am not prepared to say that the contractors will advance this unexpectedly large sum, and it will be for you to say whether the immense advantages that have been obtained shall be surrendered and the chains of corporate power again clasped upon Oregon's dearest interest. * * * * It is a triumph now nearly complete, but carried thus far at my own expense, of time and money, and under the surprise of this enormous verdict, without your assistance, I can carry it no further. * * * [1]
The appeal was in vain and the court dismissed the suit on July 19, 1873.[2] Chapman, it would appear had before this lawsuit came to trial, indicated a willingness to sell his project to the Northern Pacific Railroad Company which then, as he said in his appeal to the people of Oregon, controlled the Oregon Steam Navigation Company. This conclusion is based on a telegram which General Cass, the president of the Northern Pacific Company sent to Portland to ask if J. C. Ainsworth was willing to have the Navigation Company buy Chapman's charter for $50,000. Ainsworth's reply was, "No, would not give fifty cents." "This Chapman," said Ainsworth, "is a man
