Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-05-17
A LAWYERS STATEMENT OF THE
TULARE TROUBLE.

EDS. ALTA: | desire to correct several
misrepresentation that have gone before
the public in relation to the so.called
Tulare county land troubles. This will be
best done by a brief narration of facts
In February, lS79-more than a year
ago-as attorney and counsel for the
Southern Pacific Railroad Company, in
stituted several actions of ejectment for
the recovery of lands in Tulare county,
which had been granted to such company
by Act of Congress, United States patents
for which had been issued as early as 1877.
Immediately on the commencement of
these actions it was heralded through the
public press that settlers on the rail-
road lands in Tulare county had combined
together and formed themselves into mill
tary companies, fully armed and equipped,
for the openly avowed purpose of resisting
by force the recovery of the lands by legal
proceedings.
The company paid no attention to these
violent demonstrations, but quietly prose-
cuted their legal remedies to final judy
ment. In August last the cases were tried
before the United States Circuit Court,
and after full hearing and consideration,
| Judgment was rendered in favor of the
railroad company for the recovery of the
lands sued for.
! The cases were not decided until De-
cember, and the judgments were not en-
tered until January of the present year.
In order to stay the issuing of execu-
tions on appeal, it was necessary that the
appeal should be taken, and bonds given
for rents and profits within ten days after
! Judgment. In order to accommodate the
defendants, the time for perfecting appeals
was from time to time extended, and not
until all intention of applying was aban-
doned were executions placed in the Mar
shal's hands, and then only in six cases,
being cases in which contracts for sale OF
the lands had been made to third persons,
and whom the company was legally
J bound to place in possession.
1t is quite evident that the fact of exc.
cutions having been issued was instantly
communicated to the military organization,
for when the Marshal appeared in the
neighborhood to execute the writs, accom-
panied by two of the purchasers, whom he
was directed to place in possession of three
of the tracts of land recovered, he was
confronted and attacked by an organized
BODY of men, armed with rifles or Other
weapons. While the MarshaI's life was
spared one of his companions (Mr. Crow
was brutally killed outright, and the other
(Mr. Hartt) was MORALLY wounded, and
has since died.
One of the most notable features con-
nected with the whole controversy Is that
the public press, though well informed,
and chronicling from day to day the actions
and doings of this organization, armed fol
the openly declared purpose of resisting
the laws of the country, has, in no In
stance, so far as l know. expressed one
word of disapproval nor given one word Of
warning to the men engaged in the con
spiracy that to carry out their threats
would render them felons and outlaws
but, on the contrary, more than one pub
lie journal expressed open sympathy fol
their cause, and encouraged them in theil
violent and lawless proceedings.
1t is urged by the so-called League that
the railroad company is oppressively
attempting to drive honest settlers from
their homes. 1t is not true that these per
sons are in any just sense entitled to b
called "settlers on these lands.
They took possession in open defiance o
the well known fact that the lands haC
been granted to the railroad company
and it is simply preposterous to include
them in the class of persons that was in
vited to settle on the lands with promis
that when patents were issued they shoult
have the option to purchase.
Such invitation was extended to those
who chose to settle on the land as tenant
and to recognize the title of the company
These persons took possession adverse, o
since taking possession have held adverse
to the rights or claims of the company, AM
now hold by open force, and in defiance Q
the power of the United States Govern
ment.
Even after they had shot down and mur
dered two of the United States Marshal
assistants they coolly handed him writ
J ten document in which these 'taw-abidin
citizens inform him that they have "de
termined that we will not leave our homes
unless forced to do SO by superior force
In other words, it will require an army c
1000 good soldiers against the local fore
that we can rally"
! The railroad company will continue t
appeal to the laws for protection to thei
persons and property, never doubling tina
the Government that displayed such ampl
, power in putting down the rebellion
which, it is said, the leaders of this Sc
called Land League took their first lesson
in fighting against the laws Of the cour
: try-is still able to protect its citizens
, their lawful rights. DELos LAKE.