Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-08-04

arations for monster barhecus on the Oath
instant, to which all the business men of tie
country are invited. This promises to be one
OF the most interesting and enjoyable features
of the Exhibition.
The Forfeited Railroad Land Grant.
WASHINGTON, August 3d.-The report
adopted by the House Committee on Judi
ciary To- day, to accompany the resolution de-
eiaring forfeited the lands granted TO the
giving the history Of the Texas Pacifc and
reviewing its relations with the Southern Pa
enc GomR3ay. goes on to say that the Texas
and facinc Is a party to a grant on a con-
tract and having made no effort to carry it
out, anc having renouncsd it, both informally
ana formally, by acts and by writing. there
can be no question of thu right of the United
States, the other parry, to resume the pos
session proposed. Unless the. Southern Pa
cine has acquired some rights, by virtue of
some deed ct release on behalf of the South
ern Pacific, it is urged that the words used in
the ninth section, " and assigns" in the
phrase there is hereby granted said
Texas and Pacific Railroad Com
pany, its successors and assigns,
each alternate section" etc, authorized the
latter company to transfer the lands in ques-
tion In bulk, to any other person who would
receive 1t charged with the sams trust. That
the Southern Pacific having received laads at
the tiine when they had completed the rail
road. which was the same or nearly the same
location as that described in the Act of
March 9TH, received lands discharged from
the trust by reason of its fulfllment. In the
opinion OF the committee the words "and
assigns, do rot. in this case. have this mean
ing. We think these words describe the
nature OF the estate, or words of limitation,
and do not constitute the grantee an agent
OF the United States to select another cor
porstion which has performed q similar con-
tract, and made it the beneficiary work of the
grant. Nor do they constitute the grantee
an agent TO bestow the gra.uity. II is fur
ther claimed by the Southern Pacific that
Section 4, authorizing the consolidation, gives
the authority needed for the tranafer. No
facts were laid before US which show any con-
soiidation, whereby the Texas and Pacific
has absorbed the Southern Pacific. The
process would seem to be reversed. The
consultations contemplated by Sections 4, 5
and b were those whereby other companies
were to become part and parcel of the Texas
Pacific. If the Southern Pacific had bsccma
part and pare Of the Tex Is Pacific it would
not be claimed here. 1t is further urge OF
behalf Of the Southern Pac,de that il 80
much as the company has done what the
United States offered to give the granted
lands to the Texas Pacific for, if il wcuid 60
it, equity requires that the land grant should
be transferred to the company as reqaes ed
No objections can be made that it would rest
in the sound judgment of Congress. But
this request is put upon the ground OF claim
founded upon equity and god conscience.
The reply seems simple. Congress would
never have been justified in tff.iing
the lands had it not deemed the
offer necessary to secure tho road.
Now that events have demonstrated its
necessity, the reason for Offering il has en-.
tirely failed The Southern Pacific was not
induced by it to build. 1t buils firm other
motives Loo 81 the request Of the United
States. ror even for the benefit of the United
States. 1t happened. for lis own purpose, 20
build the road the United States wanted.
and prevented the company bull ling it, which
the United States had authorized. /; is
difficult to see how this state of facts lays
the United States under any obligation, either
in equity or good COINCIDENCE. To these con.
siderations may be added the fact that action
on the part Of T. 9 Uaited Is necessary to
enable the United States TO restore this land
to the public domain. Whatever the legal
rights of the parties have. can be ascertained
better after an Act than before, and none Of
them be lost" The coma;ttse recommend
the passage OF Che accompanying resolution
Resolusd, by the Senate and House of Representa.
tves, etc, follows, That all lands granted to the
Texas Pacific Railroad Company under the Act OF
Congress- entitled An Act to incorporate the Texas
Pacific Railroad Company, and to aid in the con-
structiou of its road, and for other pSrposes ap.
proved March g. 1871, and Acts amendatory thereof,
supplemental thereto, be and they are hereby de.
clared forfeited and that the whole of said lands be
restored to the public domain and made ths subject
Of sale and statement, under the existing lass of
the United States
The report is signed by eight members of
the committee. Six members of the commit.
tee. Proctor Knott, l.. 4. Paysop, R. w.
Townshend, Van ii. Manning, d. Il. Cul.
bertson and n. j. Hammond-unite in a
! statement in which they say that, while
concurring in the recommendations of the
committee, the Undersigned ara unwilling to
be committed, oven by the remotest implica-
tion, to the dcctsine that the United States
might be depriv, Of its right to enforce, for
future lands grated to this or any other rail.
road company, for breach Ct the conditions
upon which such grant was made, simply
because Congress uay have reserved the
power to adopt such measures as il may deem
necessary and proper to secure the speedy
! completion of road in aid Of which lands
were granted, bee uss the company. noswith.
standing the breach, may be proceeding with
its work"
Decision in Relation 10 San Francisco
Pueblo Lands.
| WASHINGTON, August 3i.-The Secretary
| OF the Interior has made decision sustain.
| ing the claims of the military authorities as
to the eastern beundary.liIe Of the Presidio
military reservation within the limits Of the
| pueblo lands of San Francisco. In effect
| this decision will necessitate change in the
eastern boundary of said reservation, as re.
Gently surveyed by q. 4. Allardt. The de-
| cision of the Secretary reverses the one inside
bv the Commissioner OF the General Land
| Office.
Chisese Cannot be Natufalizsdi.
| WASHINGTON, August Sion the appiica.
| ton of CninamaH for naturalization papers,
Judge Wylie informed him that the Chinese
bill recently enacted absolutely forbade the
naturalization Of the Chinese from the date
OF its passage,
Trouble Among the Ohio Democrats.
CHICAGO August 3d.-A Columbus 70. ;,
special says 1t is becoming quite apparen,
in Ohio that the sale of the Democratic
party, recently made by John G. Thompson
to the liquor dealers, will not meet with the
| approval OF q large number Of the better ele.
nent Of the Buckeye Democracy. Letters
received here say that many Democrats re.
fuse thus to be sold, and as sold Democrats
they DO net promise to play second fiddle to
the Liquor Dealers Association. The issue
10 the coming struggle is one between law
and order on one side, and free whisky, free
beer aud no Sunday on the other. The people
| OF the State feel the time has arrived when
this Question must be settled, whether LIQUOR
dealers should pay just proportion Of the
taxes, or whether other and legitimate enter.
prises should be taxed with view of putting
money into the pocket of brewers, and pro-
tecting this business, and caring for its vic.
Tins In county and State institutions.
Crop Prospects.
CHICAGO, August 3i.-Crop reports show
that rains The past few days have improved
the corn prospects in many portions of the
country, and that with favorable weather the
general crop of corn will be up to the aver.
age. A large increase in acreage in the
South will add much in making up the gen.
ersl supply.
Wheat Harvest In Minnesota.
ST. PAUL MINI J, August 3i-The wheat
harvest in the southern part Of the State will
begin this week. The weather fer the last
few days has been cool and dry, and tie fears
& a vet harvest are nearly dissipated. The
Pioneer Press lately addressed circular of
inquiry to trustworthy correspondents in ev-
cry county in the State, asking an estimate of
the probable yield aud quality. The esti.
mates of the yield per acre in the southern
part Of the State range from twelve to eight.
cen bushels. In the new western and north
ern counties they range from fifteen to
twenty-five bushels per acre. 1t is believed
everywhere that the grain will grade high.
unless injured by wet harvest. The latest
reports indicate sn estimate Of 40 600, 900
bushels aggregate, crop not too high.
Racing with Freight Trains.
OMAHA, August 3i.-The Union Pacific
Railway has entered into racing overland
freight trains against the Southern route.
Two trains loaded with tea have made the
run from San Francisco to Chicago, via thu
Union Pacific and Chicago, Burlington and
Quincy roads. in six days and fraction
This RUIZ exceeds that previously nude by 8
train of twenty cars, which made the trip
from San Francisco to Kansas City, via the
Southern Pacific and Atehison. Topeka and
Santa Fe roads, in six dsys and six hours. 1t
should be borne in mind that the train on the
Southern route made about the same speed
per hour as those on the Northern route, but
had the disadvantage Of nearly 500 miles
greater distance. and so fsil behind one dsy