The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-12
UNITED STATES SUPREME COURT.

Lund Grabbing In Texus--The Pacific Rail.
Fond ClutcLing ut Large Tracts Of Terri
tOry-Dispute Between the Governor of
Texas, the Commissioner of the General
Land Once ana the Company.
WASHINGTON, Jan. IL, 1872
No. $685. Il. J. DAVIS Governor and Jacob
Kuechler, Commissioner OF the General Land ONCE
Of Texas.-Appeal IRON the Circuit for the Western
District Of Texas The bill alleges that In February,
1885, the Legislature OF Texas incorporated the
Memphis, FL Paso and Pacific Railroad Company,
and provided that all vacant lands within eight
miles OH each side OF the extension line OF the road
should be exempt from entry and should be SER
veyed by the company at Its own expense, and the
odd sections should pc reservei Tor the company
and the sections Tor the use OF the state Upon
the grading OF successive sections of the road the
Commissioner OF the Land ONCE was to issue TO the
or each mile so graded, and upon the completion
Ind equipment OF successive sections eight other
certificates for the same amount OF land eacn, Tor
Dvery section so completed the certificates 10 be
IOcated upon the odd sections WITHIN the reserva.
Hon. or upon any other vacant ana publlc lands OF
Inc state not reserved 10 the STATE or some other
corporation, and patents TO be issued thereon. In
S Sn upon a she grams conpany Was orr
sanzed and they were accepted; also tlat the sur
Seys were made at cost OF 500, co. 10 me com
knd were of great value to the state. ON or
Erauad anu ready for the rails O distance OF
nXty-hve miles west from Moore's Lanulng. IN
Bowie county, but the Stale mas not Issued
Inc certificates, or complied with the law IN any
fespeet. 1t also alleged that many holders OF Gel.
icaes have located on the land and have sur
Feyed and made returns to the Land once, aud
made application for patents there or, and that
bundry patents Tor the lands have been signed by
kuechler as Commissioners, and by Davis, as Gov
rnor, notwithstanding the protest OF the com
aany; and that the Commissioner ana the Governor
hvow their intention TO Issue and execute patents
Or all sucl certificates, unless restrained and pre-
tented by process of law.
The bill prays that the rights OF the company
may be projected, and that the defendants be
Restrained by injunction from nrtner in
tercrence, ana from issuing any patent or
grant OF the land except TO the company. IL was
also alleged that the rights OF The company have
newer been abandoned or forfeited, and tilat they
were recognized By the constitution ratified In July,
1861 The defence was that The road had been lett
without anything beng done on 1t since 1861, and
that the rights OF the company had been forfeited
by non user.
Tie Court thought no clearer case could be made
Tor an iDJunCton, and such relief was granted and
subsequently made perpetual. Ihls appeal Is from
hat order, II is here nslsed that The new con-
btituiion does not, fact recognize the rights OF
She company, but, on the contrary, treats them as
abandoned; and That The convention framing mat
Instrument granted the lands thus forfeited to The
School Fund of the State, and IL Is insisted that the
hctOn OF this convenlOn representing as IL dld tne
bovereignty OF the people, cannot be nrerered with
Dr. disturbed by the Courts.
George +. Moore and q. ]. Durant, for appellants.
CRAY Davenport and C0rtlandt Parker for The
company.