The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-02
ANOTHER LAND JOB.
A New Way TO Obtain Land Grants-A Rail-
road Company Effects the Withdrawal Of
11J,OOO,OOO Acres Of Public Lands.


11J,OOO.OOO Acres Of Public Lands.
WASHINGTON, July &C. 1869.
What history might be written OF the thousand
large claims of different characters now pending In
the Interior Department. 1t Is seldom that the out
side world can obtain knowledge OF the character
OF any, except from outside parties who are interest
ed and who will only state their side OF the case,
The people are led to believe that swindles OF
any great dimensions only perpetrated on the
government during the sessions OF Congress and that
during the recess the lobbyists and rings' absent
themselves from the city. Sucn, however, is not the
case. The log rolling Is done and the bills
passed when Congress is in session to enable
questions to be settled and payments to
be made when necessity for action in particular di
rectiOns shall arise. Thus in an innocent dress
many outrageous swindes are legaliZed by Congress
and the President, without suspicion of their enor
nifty During the vacation OF Congress the case is
quietly worked up; the money is pad by an effcer
duly authorized by legal technicality and pockeed
By the fortunate jobber, who goes on chuckling to
himself at his smartness.
On the 9th of July 1865, Congress passed the act
granting lands and charter to the Atlantic and Pa
cifc Railway Company. short section the eigh.
teenth) was smuggled into this act and the same
grants and franchises as were allowed the Atlantic
and Pacific were extended to the Southern Pacific
Railroad Company, Incorporated under the laws
OF the state OF California Let what they are.
Under the provisions OF an act OF the California
Legislature emitted IAN act to provide for the in
corporation Of railroad companies and the manage.
ment of the affairs thereof and other matters relating
thereto" approved May 20, 1851. the company was
formed.
BY this law authority is given to any number OF
persons not less than ten being subscribers &C., to
adopt articles OF association, wherein they are re-
CURED to state ''the place 10 and from which the
proposed road Is to be constructed the counties into
and through which 1t is intended to pass and the
by this law TO change the route provided the change
does not avoid any point named in the articles OF
association. map was duly fled, locating the
road as roows:-From some point on the Bay OF san
Francisco, in the State Of California through the
Tulare. Los Angeles and San Diego, to the town OF
San Diego, in said State, thence eastward through
said State OF California there to connect with con.
templaed railroad from said eastern line OF the State
OF California to the Mississippi river Upon their
complying with the law the company was legally
granted charter November 20, 1885. and applica-
ton was made to Congress within month thereaf-
above route As stated the grant was struggled
through in the Atlantic and Pacific act
And now the villany commenced. visit to the
Designated sections developed tine fact that land
grant upon that line would be OF little value. At
some points It would extend ten miles or more into
the Pacific Ocean. Miles OF other portions were
either wholly taken up by actual pre-emptors
Mexican grantees, and most OF the balance extended
through desert regions which could not benefit the
company. The stockholders, eleven IN number, put
their heads together and concOcted q scheme the
partial success oil winch Will be seen. through
the valleys In the eastern portion of the State a
large amount OF valuable lands lay unoccupied. To
get possession OF these and ignore the real grant
was the consideration but 1t could only be accom-
plished by desperate stroke OF policy. false
map was prepared. papers, &C., drawn up. and the
ment without examination Of any kind, Secretary
Browning on the 18TH OF March. 1857. ordered with
drawn from the market for the satisfaction OF this
immense swindle, a strip OF land stretching from
San Jose to Fort Mohave, on the eastern
border OF the State. The withdrawal embraced
half nail. tn Inv I'm
containing 5000 townships more than 1l5 600 900
acres OF the most valuable lands IN California. tnis
given no notice OF contemplated change OF their
route. and there was no law upon the statutes au-
thorzing It, the wrong action was brought 70 ,ae
1868 he, in lengthy decision given after thorough
examination, ordered revocation OF the with
drawal and that the lands be restored to market.
The following extract will show the light IN which
he regarded the swindle:-
The law required the corporations to nI the place
and the counties through which intended pass This
Ia, o San Trsncscc and county through
Ssc eouS. 10 h nc IL red
leaving out Of view the fact
and
peninsula which extends from San Jose to San Fran
Further than this portions of the route as designated
OF San Luis obispo, Los Angeles and San Diego In fac.
the same does not 60 to within % ~ mes Of me
ss' and from which :!ar 10 the eastern line q the
there connect tnc nAnoao
Upon representation OF General W. s. Rosecrans,
A director holding 40 shares OF the stock, that I'M
der the belief that the withdrawal legal they had
incurred obligations In making surveys, &c amount
ing to over O0o0 that they had built eghtytwo
miles OF road and that they did not know OF any
attention to review the action OF Withdrawing the
lands tin too late avert It, the Secretary on August
90 1885, suspended the revocation, to allow them
prepare and present additional evidence the case
copy of the sworn annual report OF the COM
.pany-as required by law Of Congress OF June 25
ls6S-was then forwarded 10 Secretary Browning
IL was dated september rs, 1868, and brands the
fnancia statement OF General Kosecrans as entirely
wrong II says the company's capital stock Is flxed
at 81 800 900, OF which only $4,000 had been paid
In; that they "eXpeced to have thirty miles OF road
between san jose and Gilroy-buit by next Apriln
S69 that the actual cost OF surveys, &c, up to
date had been l,s2g 80 II further states tnat no