, 1879-04-22
IMEORT1TT NKEfstOE9.
FpstfHf FtsH1fch TO The Tribune.

!sn'efaf nttnatea 10 The Tribune.
WASHINGTON, D. e., April 2i.--'Ii,e decision
nf tho United States Supreme Court in the ease
al ". II. flatt versus The Union Pacific Rail-
road Company viii attract a grcat leal Of nt-
tcnt!on In the West. It Is t,ut in every respect
case on cxactfs the tane hasis rs the noted
Dutlycmont case, IN which SecrctrY Schurz lec1d.
CD tlat The railroad |ands not disposed Ut were
oucn to presumption settlement. Tie csscn-
tfal features Of tho cAsc, however, arc the
fano or similar. It Will be aeon TINT The
Court takes tic side Of the railroads ayains. the
settlers, and against The esscncc OF The t!ersfon
Of Secretary Schurz tn the Dudyefnont case.
The act Of july /. 1907, under which the settlers
claimed, provided tllut oil lanus Grasted 10 thu
ra1road company should he subject IL prc.smp-
t!on, II not sold or otherwise disposed Of within
thrcc years after The conuletDn o! tho cnt!ru
road. Thc ra!Iroad company hal not sold these
lands, but II lad executed n mortgage upon
them In 1867.
TIE QuEaTIoHs At lsauE
to bo decided BY ll!e Court were, what Il thu
proper construction to be givcn to the language
of the statute, TOR otherwise disposed Of" and
Is the mortgage a "ltsposaI !" within thu mean.
lug OF tho statute. Secretary Sciurz decided
last September t!iut the mortgage was not dis.
posal Ut the lanla. and that they wcrc subject to
presumption. Tic United States Supreme Court
today-justiccs Bradley, Clifford, md Miller
disscntlng-reverecd tho decision OF Secretary
schurz, and decided TINT The mortgage was such
disposat Of tho 1aHds contemplated By the
statute rs brought Il within the meaning Of the
| worda TOR otherwise disposed OIL" nnI that,
consequently, the tract Of land claimed by the
complainant, PIatt, was not open to pre-emp-
ton when be undertook to prc-cmpt Il, and TINT
he bus
NO EQctTAnLE OIL pRopEH TITLE
to H. This decsion will have serious effect
upou whatever settlers or spectators hayc TAX.
cn advantage of tic decision Of The Secretary Of
the Interior to enter upon the tnoEtgngcd lnnds
Of tho Union Pacific Company. 1t is decision,
Of co,trac, cmphatically on tho aldo Of the rail-
roads, and declares that the t!tlo to these vast
mortgagcd tracts o! land which have not been
sold within three years after tn: construction Of
the road Is absolutely n the Union Pacific Com
pany. The case was test oAe arranged by the
Company.
PACIFIC RAILROAD CASES.
WAsnINGroN, D. T., April 2l.-A decision
was reached to-day in the United States Supreme
Court In the cuscs OF the Denver d. Rio Grande
Railway Company against tho Cnnun City & San
Juan Railway Company, involving the conflict
Ing cln!ms OF the two corporations to tho Use
nrd occupancy Of tho Grand Canon Of tho
Arkansas for railroad purposes. Tile dccrecs al
the Circuit Court arc reversed, with directions
to set aside not only tho order granting An in
junction against the Denver j. Rio Grando Rail-
road Company. but tho order dssolvtng the tn-
junction granted in Its favor, nnd llsmiss,ng
Its BILL By proper o1rlers entered In: each
suit, the Court below sill recognize
tho prior right of that Company to 'usc AMI o.
cupy Grs,nl Canouf for The purpose Of construct.
lpE It's road therein, md will enloin the Ca,ou
City and snn Juan tron interfering with that
Company In eucl, use occupancy, nnd construe-
tton. Justice Harlan delivered the opinion,
Chief Justice Waite dissenting.
Although the prior right Of tue Denver Com
pany Is recognized, the Court holds tlsat as to
thosu portluns OF the Grand Cunon which are
too narrow to admit of the construction ntul
operation Of more than one road-bcd track, tic
right of tic Canon City Company 10 use such
Toad.bCd nnd track iu common with the Denver
Company should ho secured By proper oricis,
anu upon such terms rs may be equitable, flny-
tnE regard tU the cost OF construction auu cum
tlnuancc of tho track III good order.
THE UNION PACIFIC.
Tue case Of ". IL. Plat rs. Tile Union Pacific
Railroad COMPANY, inYoiriilE tile right OF set
tlese t. pre,empl lnnIs granted BY Cougress to
the Raslroad Company under Sec. . ot the att OF
Supreme Cuurt this afternoon. Thu net ru.
ftrrcd to provides that I'LL lals granted to the
Company should DO liable to presumption, II not
sold Or otherwise disposed Of within thrcc years
alter thr compilation Of The entire road. On tho
ID Of September, 1878, tllc Secretary Of The ln-
terror decided tint lte mortgage executed by
tls Company upon Its lam!s Ia 1857 was mt =
'sdlsposal OF sl!s same Within the meaning Of
uMt statute. This Court. however, regerses
the decision OF t'lc Interior Department, us,t
ho!ds That tho mortgage was surt, disposal,
ard ttMt, consequently, tile ttact Of lanl
claimed ly tle complainant waN not opcn to
presumption when he undertook to prc-r,Ipt H.
sttMl ec has mot equitable tttle, as that dcrrcu
affirmed. Justice Htraug delivered the opuOu,
.lHstlrfA Rfa1tY, ftltffori uill nitlI.t dtlunnt.