New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-01-23
THE LETTERS.
v1cE-pREsIDKNr BROWNS STATEMENT OF TlE LAW


yIcE-pREsIpKNT BROWNS STATEMENT OF TIE LAW
AND THE FACTS.
OFFICE OF THE TEXAS AND PACIFIC II. Il. Co.
275 South FOurth-st., PHILADELPHIA Jan - lo'o'D
The Hon CARL sCnURz Secretary Of ne INTERIOR b0Sh
ing0n D. G.
SIR: Your communication Of the 2Sth ultimo
addressed to Thomas A. president Of the Tcxaa ana
Pacific Railway Company, asking information as TO the
point of connection OF the Southern Pacific Railroad Of
California with the Texas and Pacific Conpany's lne
has been received, and referred TO me for reply
It's proper 10 observe that the twenty third section Of
the Act OF Congress OF the 81 Of March, lS7llG. stat
utes 579-cOnfer the only privilege that can DC CLAIMED
by the Southern Pacific Railroad OF California, to con
meet with the Texas aud Pacific Railway Company That
provision authorizes the connection " at or near the Col
orado River"
The Act OF July o. 1890 the charter OF the
Atlantic and Pacific Railroad Company by It's eighteenth
section authorizes the Southern Pacific Railroad Com
pany to connect with the Atlantic aud Pacific at such
point near the boundary line OF the state of California as
they shall deem most suitable for railioad line to san
Francisco and also gives It a land subsidy ON tue same
terms ana conditions that act which donates lands to
the Atlantic and Pacific.
RIGHTS THE SOUTHERN PACIFIC
II will DC borne IN mind that the Southern Pacific
Railroad Company of California already had corporate
existence under the laws ~ California ana these two
acts o. Congress were not intended neither they De
held H. imply either increase or diniuution of the
corporate powers Of the Southern Pacific Railroad
Company CONSTRUCT line OF railroad through TIE
state of California; nor does either confer any
| authority to build beyond the Unite Of the state
The 23G section Of the act 81 March 3, ISL II terms
makes Its provisions subject to the laws Of California.
and also subject the limitations, restrictions aud
dlions OF the OF the @1 Of July, 1866 aud Il also
contains proySO "Tnat th.s section shall! IN NJ way
affect or impair the right present prospective OF the
Atlantic and Pacific Railroad Company, or any other
| railroad company"
Therefore, while we must look TO The charter powers
errcd by the state OF California TO determine how
far tie southern Pacific Railroad Company can extend
ITS line VIC are RENTED 10 the act OF Congrcs, to
determine at what point It's construction will cease To
earn the land grant from the United States Government
The articles OF association dated the 29th dy OF No
yember 1863 ana fled in The Office OF The Secretary Of
State of California December .. lsG5, which i ac orig
ina organization OF TIE Southern Pacific Railroad Com
pnny authorize it TO construct its rad to the
eastern line 81 Tie state Of California. there 10 connect
with the contemplated railroad from sand eastern Inc az
the state of California TO the Mississippi River. That Is
called the old organization" ON the lon dHJ OF April
1871 this company fled IN the Office OF the Secretary Of
State OF the state OF California what Is called " An
Amended Certificate OF Incorporation OF the Southern
Pacific Railroad Company" which provides among other
| things that tho Southern Pacific railroad Com
pany shall construct line II railroad from a point
at Techccchaypah Pass By way OF Los Angeles
to the PaClc Railroad al near
River" This last article OF corporate association was
filed under the provisions OF the act OF California Of
March l. 1870, providing for the amending Of cerh
cafes of incorporation and being the last
amendment Of the act is valid One), Inn
| It's its corporate franchises 1t uses the identi-
cal language contained I'm tho tTcuty-third section
OF the Act OF March g. ISL to-wit: AT near the
Colorado River" and doubtless made TO conform 10
it, that neither under the laws Of California nor under
the acts Of Congress- Is the Southern Pacific Railroad OF
California authorized 10 construct us Inc further east
than 10 connection with the Texas Pacific Company "at
| or near the COLORADO River"
| BOTH COMPANIES AT THE RIVER.
The charter OF the Texas and Pacific Railway Company
authorized the construction OF line OF road or near
the thirt ysccOnd parallel OfnOrth latitude from Marshall
In the State Of Texas 10 point M or near III as0 thence
through the Territories Of NewMexico and Arizona to a
point the Rio Colorado, At or near the southeast
boundary of California thence by the most direct and
eligible route TO Ships Channel the Bay OF san Diego
| in the State OF California.
This necessarily confers authority 20 cross and bridge
all streams, whether Davigable not. Our company
completed the location of It's entire line in 1873, and
fixed its crossing of the Colorado River Fort Yuma
December 1872 1t IN the actual construction OF
its line strictly under the acts OF Congress both the
Eastern aud Western end. under financial
the law IL had negotiations pending in EuTopc Tor the
sale OF its bonds which had been virtually completed
their fun execution and very soon arrested further pro
Of the work. Since then IL has been impossible 20
der circumstances that would justify prudent CON-
pany docking TO the beet interests OF the Government
and the people for economical rates Of trlnspOatOn
in attempting 10 construct line OF road tr3VoTsing
| many niles OF uninhHbltcd territory" The company
has been awaiting proper time and st hope TO
the money OH proper basis TO prosecute the work on It's
| whole line.
But in the meantime. having previously located the
place OF its crossing the Colorado RIVER IL purchased the
land on the east bank and the night OF way for ap-
prOaches to IT, and obtained permission OF the conan-
dant OF the post AT Fort Yuma for the night OF way across
the military reservation; and In the Autumn of 1876
comulenccd work After the force had been employed
several weeks, and money hac been expended on
e abutDelts and approaches 10 the river from both III
icctiOns, aud considerable grading had Dcen done on
DOM sdes oi The river MaOr-General Mcdowell, COM
mahdlng the Department, doubtless Inspired by the
southern faclnc Railroad Company, ordered engi-
ocl W oeare YORK on the military saOn which
| der was promptly complied with.
Meantime the Southern Pacific Railroad Of Cal,fornia
Dong owned ana controlled almost entirely the same
parties VINO own and control Central Pacific thrnuph
the enormous innings OF the last named monopoly ana
by Withholding the interest Justly due nuon bc houds
loaned 10 1t Dy the United States Government Wa
enabled To prosecute the building OF line and In the
Summer Of 1877 reached the Colorado River M Yunn
| built across the Military Reservation of the HATED
States Government, by the knowledge and consent of
the sams military commander and under the very ewes
| River with temporary bridge, the west end OF
which upon Military Reservation of Fort Yuma
Tits bridge Is built about 800 yards below the locn.
ton chosen for crossing by the Texas and Pacific
| Railway Company.
I beg 10 file herewith communication from Colonel j.
u Crawford the engineer In charge OF the work at TIE
Colorado River fer the Texas ard Pacific Railroad ~