The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-07-27
THE TEXAS l. PACIFIC Va THE SOUTH
ERIN PACIFiQ.

as 10 very generally Known tne leAhs "
Pacific railway company has a suit pending
10 New Mexico against the Southern Pacific
railroad company of New Mexico. We have
seen in no paper published anywhere any OF
the details of this cause, land as 1t is matter
Of more than passing moment. being indeed Of
vast importance especially to Texas. we
deem il not improper to give the outlines of
the case and the reasons that have led to the
suit. The Texas Pacific railroad company
was chartered by congress by act of tho ard
day Of March, 1871, under which act the
company acquired certain rights, one OF
which was to construct and oper-
ate line of railroad through
the territories Of New Mexico and Ar-
IONA. That is TO say /. was granted the
right-of.wsy through and over the public
lands through those territories near the 32nd
parallel Of north latitude to point at or
near III Paso. 1t also acquired the right,
the stock, land grants, franchises and sp-
purtenances of and 10 consolidate with any
railroad company or companies to which
congressional, state or territorial charters
had been previously given to build upon the
same route, and under this right it did pur>
chase the Southern Pac fic railroad of Texas
aad the Transco1.inentsl road. II further
acquired 1.-THE right to every alternate seo-
ton of public land, not mineral, (excep.
iron and coal) designated by odd numbers,
to the amount of twenty sections per mile on
each side of said railroad line, AS such
railroad line may BIO adopted by said COM
pany through the territories Of
the United States, where tho same
shall not have been reserved, or
o.herw wise disposed OF, by the United States,
and 10 which presumption or homestead
claim may not have attached at the time
said road is definitely fixed, ETC., ETC." 1t was
granted also the right to is sue bonds secured
by mortgage on these lands, to aid the con-
stIuction of the road, the lands to DO patented
BY the government to the company upon
every twenty miles completed, and as fas. us
finished, and the right, if within two years
from the passage of the act, the company
filed with the secretary Of the interior map
showing the general route OF the road, as
near as might be, to have the lands within
forty niles on either side of the route with.
drawn from pre.emplion, private entry AID
sale BY The secretary of the interior. These
arc few of the rights acquired by this com.
psny, and we take il that wo need
not state further of its rights to
enable our readers 10 have
clear insight into the basis Of its
suit sgsinst the Southern Pacific railroad
company Of New Mexico. By act of con
gress May 22d, 1872. the name of the CON-
pary was changed from "rhe Texas Pas
cidc Railroad company" to The Texas Il
Pacific Railway company" and the new
company granted all the rights, privilege
and franchises granted to tho old company
Upon these points and some others not neces-
sary TO mention in this article, the Texas and
Pacific railway company entered suit In New
Mexico against the Southern Pacific com.
pany of New Mexico because that company
had built line of railroad along to roule
designated Tor It's road in ils charter, and
through the lands set apart for 1t and GA \
emp,ed by tho secretary of the interior from
presumption and sale, the only authority
tho Southers P.c ac company had
for go doing, being a charter privilege from
tho territorial legislature of New Mexico.
The Texas s. Pacific railway company in
It's suit prayed for an Injunction TO restrain
the Southern Pacific company from fur ther
control and management Of tho road it hsd
bull! In New Mexico and for the appoint,
ment Of receiver to take charge Of the road |
and manage it until final decision Of tho
courts rs TO whether or not tho Texas & Pa |
ciac railway company shall have tho right of
purchase Of said railroad at fair and eauita-
Bile price, which petitions were granted and SO
far as tho limo of road built by the Southern
Pacific through New Mexico Is concerned, |,
tis now In that condition. As An earnest of
Its desire TO do only what is right and just in
It's own protection and to pay tho Southern
company what its road In New Mexico cost,
the Texas Il Pacific company has deposited
81 100000 Of the purchase money. The
length of road in Now Mexico Is one hum
bred and sixty Eight miles, and OF cour.e
81 100000 will not pay for Its cost, bu. IL
will 90 largely toward il. The Texas Il |
Pacific company will begin similar sui. in
the territory Of Arizona, praying for I'm
Injunction and receiver, and will deposi. |
pro rats amount Of earnes. money for the
line In that territory, three hundred and
dtty miles. II seems that the main question
involved In this suit 10 one of congressional
and territorial authority. Congress having
given the right-of.wsy through the public
lands along designated route,
and accompanying Il, certain
rights, priv eyes aud franchises 10
. railroad company, can q territorial legisla.
turo give another railroad company rights,
privileges and franchises that will col iic,
with this congressional grant, lis no. our