Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-03-08
a aoIsoHlNG RAILROAD sur.

a "CIKeHIEG" RAILROAD SUN.
Last year the late Attorney. General, Mr..
Hart, was approached by parties with
scheme for suing the Central Pacific Rail-
road Company to recover back interest paid
by the State on bonds issued under the Act
Of 1868, and according to which the CON-
pany was to convey to the State, ninety
DAYS after it received patent therefor, the
lands on which the granite quarries at
Rocklin are located. It was also to
convey over .its line messengers of the
State, and to transport goods to and
from the State Agricultural Society
exhibitions free of charge. The Attorney
General found that the company had kept
it's contract in letter and spirit, and that
there was no ground whatever for an action
against it. He and his Deputy, Mr..
White. twice examined into the matter,
and twice arrived at the same judgment.
1t then developed, and at the time we pub
lished all the facts, that the company had
received patent for half of the land,
and at once decided it to the State;
that it was denied a patent for the other
half because another party had sued for,
proven, and been awarded the title,
and q patent had been issued under
the mineral Act. The obligation to
deed was therefore fully discharged. At
the time it was well understood that,
through the agency of the proposed
suit in the name of the people, the com.
pany was to be compelled to buy up
the holding under the adverse patent,
and that this was no more nor less than
an attempt to extort. The State deemed
its possession of the quarry of SO little
value that it practically abandoned it,
and it was dumped, held, and worked
for seven or eight years by parties who
came into the Legislature of 1880 with
bill giving them title on payment Of few
hundred dollars, but the scheme had its
back badly broken, and Dana Perkins held
the possession for the State, and as its
agent, position he took by order Of
Attorney General Hamilton years be.
fore, and which he still holds.
The company has, as is everywhere
known, carried goods TO and from the
State Fair free, not only over it's original
line, but over all its lines by rail and water,
and has transported messengers OF the
State, etc. Recently parties in San Fran
cisco have induced the present Attorney
General to consent to an action, and it has
been brought, and much loud believing
and rabid and unreasoning explosions of
wrath among the anti.railroad. hobby-press
is the result, over "the outrage perpetrated
by the soulless corporation on an unsus-
pecting and defenseless people" We do
not know what answer the railroad CON-
pauy has filed, or will file to the complaint,
but the facts are familiar in Sacramento,
where the subject was thoroughly dis.
cussed last year. We have no reason to
believe that the new Attorney General is
party to any intended injustice in the
matter, but the animus Of the fanatic
press is shown in its jumping at the con-
clusion that the railroad company has de-
frauded the people of tbs State of the in
terest sued for, and amounting to 81, 942,-
600. Had there been any opportunity to
sue or recover against the railroad com.
pauy, either Generals Hamilton or Hart
would certainly have done go. They
knew that there was no obligation to con.
vey, except on 8 patent granted /; that the
company did apply for patent, and on
receiving it, decided to the State May IA,
1875, which deed is of record in the
archives of Placer county. General Ham
ilton went SO far as to sue the Jumpers,
in behalf of the State, to eject them from
the land. The Archer legislative commit
tee several years ago investigated the
whole matter, and found that the railroad
company had more than kept its contract,
and that it was never under obligation to
acquire title to the land. It is probable
the new suit proceeds upon the doctrine
that the railroad company was under OBJ
legation to procure the title and convey to
the State. Manifestly, then, the posssssors
of the title to the half adversely held are
endeavoring, as they did once before, to
''cinch" the railroad company snd force it to
buy in order to convey to the State. and are
using the name of the People of the State to
accomplish this base purpose. II is not
probable that the railroad company would
be SO blind as to risk a 81 900, 900 loss, when
by purchase of the adverse holding it
could have avoided it. Evidently General
Marshall has been outrageously imposed
upon in this whole matter.