Daily Los Angeles herald., 1881-07-02

os0ck Watorlng-Hol0 for Murder.
SAN FRANCISCO, July Ist.-It is
rumored that the capital stock of
the Utah Mining Company will be
increased from 10000 to 100000
shares.
George q. Gottung, who stab bed
his wife to death at the Atlantic
Beer Hall, at North Beach, was
held to answer In the police court
TO day on q charge of murder, with:
out bail.
Carpenters for she Isshmus.
SAN FRANCISCO, July III. B.
Slaven, p. Huerne and eight FORE
men OF carpenter work sail for the
lsthmus of Panama on the steamer
Panama tomorrow. 81. B. Slaven
d Go. have contract with the
Lesseps canal people to furnish
lumber and build twenty villages
along the surveyed line. Of the ca !.
nal. The contract price is some
thing near million dollars. Each
village will contain Blacksmith
shops, a hospital and houses for the
engineers and laborers. They will
be built of redwood lumber, which
will be supplied in San Francisco.
Pacific MOOD Bosse Associastoa
Races.
SACRAMENTO, July 1.-The races
of the Pacific Blood Horse Assooia-
ton commenced to-day. The race
for two.year.olds was won by Sun
day; time, 51}. The second race, II
miles, was won by Collier; time,
1:57z. The II miles race was won
by Clara d, lis pounds; time, 2:244.
The Il miles selling race was won
by WInnifred; time, 2:14a.
the 6reas Railroad suit.
SANTA FEE, N. M, July 1st.-The
hearing of the case of the Texas
Pacific Railroad Company. VS.. the
Southern Pacific Railroad Compa-
ny of New Mexico was CONNIE q ced
before Judge Bristol on the 24th
ultimo. On the 2Sth day of May
the Judge had, on an e1.parte APP
plication, granted temporary in
junction against the defendants, re.
straining it from operating the
road, and appointed receiver to
take possession thereof. The road
had been leased to the Central Pa
eiflc and was being operated by it,
and as the Central Pacific Com pany
was not made a party to the suit,
the injunction was imperative as
to 1t, and when the receiver pro-
ceeded to take possession he could
not ind any one representing the
Southern Pacific of New Mexico
upon whom to make demand. The
receiver decided to treat the matter
with q sound conservative judg-
ment, and did not appear to be
anxious to bring about collision,
more especially as the hearing OF
the case had been fixed for the oath.
He reported informally to Judge
Bristol, who was satisfied to allow
the matter to rest until the hearing
on tho oath, when the case was
opened. The reading of the plead
ings, exhibits and affidavits occu.
pied from the Oath to the 28th, in.
elusive. The Texas Pacific has
made two amendments to the bill
originally filed. The first charges
the insolvency Of the Southern Pa.
eific and the second amendment
charges conspiracy between the
several Southern Pacific roads and
the Central Pacific to defraud COM
pIainant and proposes to come la
and pay for the road in New Mexi-
co such sum as IL should be found
to be worth. This am endment also
contains an offer to deposit 81, 00O,-
600 In money or bonds as security
for such payment. Each party
introduced certified copy of the
map filed in the office of the Secre-
tary Of the Interior, showing the
location of the road and land grant
of the complainant. These maps
differed in essential particulars,
and Judge Sanderson, for the de-
PENDANT, called attention to the dis
erepaney and also telegraphed to
the Secretary asking an explana.
ton. The Secretary answered that
certain red lines and the explana-
tory words along the same, found
on the copy produced by the Texas
Pacific Railroad, did not exist on
the original on die in bis Office. 1t
is claimed by defendants counsel
that the map nled with the Secre-
tary does not comply with the Act
OF Congress under which complain.
ant claims, and that hence there
has not been any valid location by
the Texas Pacific nor any legal res
ervation In its favor, as the line of
the road through Texas is not laid
down In any of the copies nor in
the original.
After the reading of the papers
ex-senator Stewart opened for the
defendant in an able argumen
lasting four hours, during which
he made, among others, the follow.
ing points:
First-That the title had never
vested In complainant, because it
had failed to file map in the Office
of the Secretary of the Interior as
required by its charter, 1t appear.
Ing that the map, instead of being
q map from Marshal, Texas, to San
Diego, California, was onlya map
Of the route from Ell Paso to San
Diego, being less than half the dis.
lance.
Seeond-That the action of the
Secretary of the Interior In with
drawing the lands was q nulity
for the reason that no sufficient
map Of the line of road had been
filed as required by the complain
ants charter.
Third-That the building Of the
road was condition precedent to |
The acquisition OF any title BY the
,om plainant.
Fourth That the Southsrn Pa |
'ino Company bad : rIght e build