The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1881-07-28
rms TEXAS d PACIFIC W the SOUTH
ERIN PAOfriO,

Az IL very generally known Tho Texas q
paoiao railway company has a.uls pending
IN New Mexico sgains, the Southern Paclic
railroad company Of New Mex'cl' we nave
seen In no paper published anywhere any oil
tho details Of this csuse,and as II Is matter
Of more than passing moment, being indeed oil
st importance especially TO Te1as' we
deem /, not improper TO give the outlines oil
tho case and the reasons that have led 10 Inc
amt. The Texas Pacific railroad company
was chartered by congress by act OF the ofd
dav of March, 1871, under which act the
company acquired certain rights one OF
which was 10 construct and oper-
ate line of railroad through
the territories of New Mexico and Ari-
IONA. That is to say it was granted Inc
right-of-wsy through and over the puohc
lands through those territories near the oNnu
parallel of north latitude to peiht AZ OF
near El Paso. 1t also acquired the right
the stock, land grants, franchises ana APP
nu,tepsnces of and to consolidate with any
railroad company or co npanies 10 winch
conversational. state or territorial charters
had been previously given to build upon inc
same route, and under this right II dia puf9
chase the s Juthern Pacific railroad of Texas
and the Trauscon.inental road. IL iurther
acquired ",he right to every alternate seq
ton of pubic land, not mineral, except
iron and coa) designated by Odd numbers,
to the amount of twenty sections per mile on
each side of said railroad line, as such
railroad line may be adopted by said COM
pany through the territories OF
the United States, where the came
shall not have been reserved, or
otherwise disposed of, by the United States,
and 10 which presumption or homestead
claim may not have attached at the 'lme
said road is d., fiaitely fixed, etc, ETC." 1t was
GRANTED also the right to issue bonds secured
BY mo tgage on these lands, to aid the con-
struction of the road, the lands to DO patented
by the government to the company upon
every twenty miles completed, and as fast as
finished, and the right, if within two years
from the passage of the act, the company
fled 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 WIN
drawn from pre-empiion, private entry asa
sale by the secretary of the interior. These
are few of the rights acquired by this COM
psny, and we take it that we neeo
not state further of its rights to
enable our readers to have
clear insight into the basis OF Its
suit against tho Southern Pacific railroad
company of New Mexico. By act OF con-
gress May 22i, 1872, the name of the COM
| pany was changed from 1.-THE Texas PaN
cifc Railroad company" to 1.-The Texas y
Pacific Railway company" and the new
company granted all the rights, privilege
and franchises granted to the 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
panv of New Mexico because that company
had built line of railroad along tHe route
designated for its road in lis charter, ami
through the lands set apart for II suu CA
emp,ed by the secretary of the interior from
presumption and sale, the only authori'y
The Southern P4cfc company had
for so doing, being a charter privilege from
the territorial legislature of New Mexico.
Tho Texas g. Pacific railway company IN
its suit prayed for an Injunction to restrain
the Southern Pacific company from b further
control and management OF the road 1t had
built in New Mexico and for the appoint"
ment of receiver to lake charge Of the road
and manage it until fnsl decision Of the
courts us to whether or not the Texas & Ia
cidc railway company shall have the right OF
purchase of said railroad at Fair and equlta-
BILE price. which petitions were granted and SO
far as the line of road built by the Southern
Pacific through New Mexico is concerned, 1t
Il Is now in that condition. As An earnest Oh
its desire TO do only what is right ano just IN
lis own protection and to pay tho SouIheFn
company what lis road 10 New Mexico cost,
the I, xss & Pacific company has deposited
81 O0OOO0 of the purchase money. Inc
length of road in New Mexico IL one hun
dred and sx,y-eight miles, aud OF course
81 900 900 will not pay for its cost, but it
will 20 largely toward 1t. The Texas q
Pacific company will begin SIMILAR suit in
the territory of Arizona, praying for an
Injunction and receiver, and will deposit
pro rata amount of earnest money for the
line in that territory, three hundred and
City miles. 1t seems that the main question
involved in this suit is 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 and franchises TO
. railroad company, can territorial legisla-
ture give another railroad company rights,