Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-07-05

the Texas Pacific, and that hence the road IS
constructed was the property OF the Texas
Pacific; but yet if the Court should SO decree
they were willing to pay the Southern Pacific
the cost of construction. On the subject of
acquiescence by the Texas Pacific in the
building of road by the Southern Pacific,
General Williams argued that proofs of con-
yersations and correspondence between the
officers of the Texas Pacific and officers and
stockholders of the Southern Pacific Of Cali
fornia, are not competent to establish
acauiescence by the Texas Pacific IN
the acts Of the Southern Pacific OF
New Mexico, because during much OF
the term while the negotiations were
pending the Southern Pacific OF New Mexico
was not in existence. To-day, for the frst
time. the case of the Texas Pacific has been
fairly opened, and supported By an able and
ingenious argument. To-day Judge Bristol
announced to counsel that each side can have
twelve hours fer further argument and as the
Court sits six hours each day, the end can be
calculated. Judge John +. Dillon, counsel
for the Texas Pacific, arrived last evening.
Judge III. S. Brown is speaking this after.
noon. The Daily Ner Mexican, published
here, contained an editorial yesterday, from
which I send you the following extract:
The harmony OF argument in the case OF the
Texas Railroad VS.. the SOuIUSTD dliioau
was continued yesterday, and occupied the entire
| day Judge Howard occupied the attention Oh the
Court during the greater part OF the Tine. In the
| morning, however, point was raised by the coun-
sci for the Southern Pacific Railroad, which Is one
of Importance not only to the parties to the case,
but also to the settlers along the line OF the South
| era Pacific road in New Mexico The point Is that
| the Texas and Pacific Railroad Company never has
filed any map of its route. II this should prove to
| be the case and the Court should so hold, the
! importance OF such ruling must be manifest
| TO all settlers upon the public domain, as
| the lands within the eighty miles now
claimed by the Texas and Pacific Railroad
Company not only open to pre- emption and also
homestead settlement. but have been during all the
entire period that the Texas and Pacific has get up
its claims thereto Hence settlers within this belt
at any time during the past period VIII be protected
in such settlement and they be secured In their lands
at 81 25 per acre, instead of 81 SO, or such addi
| tional price the corporation might see tit 10
| charge them, the price depending upon the re-
spectve values of the lands The theory upon which
the Southern Pacific people lave based their argu
ment is that the Texas and Pacific Company
has reservation, in that the Act in
operating the last named company pro
vided for the construction of continuous through
line of road from Marshall, Texts to San Diego
CAL. and at the time provided that within two
years thereafter said con pany should file IN the
office of the Department OF the Interior at Wash
ington a map showing the location of the route
| as near possible and the law further provides
that when this map filed the Secretary OF the
| Iuter.or authorized to with iraw from home
stead pre- mption and private sale the lands along
the line OF the route The map fled by the Texas
and Pacific Company was a map of their route from
Ell Paso to San Diego, less than half dis
lance. 1t is contended that this map does
| not comply with the law; that the
law requires map designating the whole route
from beginning to end, and that as the Secretary
of the Interior is merely executive officer, and
authorized only to withdraw lands from sale after
the map provided for had been fled as required by
law, his action in withdrawing the lands upon the
| filing of a map designating only portion OF the
route was void. This as above ntimated, is a
question affecting large number of persons in
| Southern New Mexico, and is legal termin ,ton
| will be awaited with anxiety.