Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1883-09-02

Judge Payson Guarding
the Public Domain.
TIE RAILROADS CHECKED IN
THEIR GREEDY GRABBING.
1873, OOO,O 900 Acres of Lapsed
Grants at Issue.
o,Nasrss Has THE RlaHT 70 De.
CLARE THEN FORFEITED.
The Question to be the Feature
at the Next Session.
$l,5oo,ooo POSTAL TELEGRAPH CON.
TRACTS AWARDED.
ESPECIAL TO THE srxrrsrL.l

TRACTS AWARDED.
SPECIAL TO THE sENTrNEL.l
CHICAGO, Sept.1.-A Washington special
says Judge Payson is preparing an argu-
ment against the transfer Of the Texas Pa
cifo land grant to the Southern Pacific
Railroad, to be filed with the Secretary OF
the Interior. The Judge has fortified
himself pretty thoroughly with private ane
public documents. There 10 . belief ON
the part Of many persons who have
watched the course Of Mr.. Teller that
he will decide against the transfer, n
would do so without any argument. There
is room for plenty Of doubt about the
Southern Pacific claim, and the Secretary
has generally denied the benefit of the
doubt to the claim Of corporations. There
are about IL, 00O, 900 acres Of land in this
grant, and Judge Payson is determined to
secure 1t to settlers il he can. He takes
extreme ground in the case Of these
grants. and will not admit that in the case
Of the Northern Pacific there is nothing
now that can bs dsne. In the first place,
the Northern Pacific has several subsidiary
grants that II has not earned, and has no
intention, for the present at least, Of earn
ing. About 1,500, 900 acres Of the best
land in Oregon was granted for the Port
land b Astoria line, which the company
shows no inclination to construct. There
are 5000, 900 acres along the Columbia on
both sides Of the river, which the Northern
Pacific will never make the route through,
because IL has come into possession
Of the road already built there
by the Oregon Railroad 4
Navigation Company. There are about
l. 400, 900 acres along the proposed Cascade
line, where no road has yet been made.
Obviously these tracts are still within the
reach Of Congress, sven in the case Of
lands granted to the main line, though the
line has been completed, where repatents
have not been issued to the railroad con
pany. Judge Payson holds that Congress
can still declare them forfeited. This is
opposed by many persons, even those who
ws~' be glad to see the grant forfeited il
RO0eA0SOs Oue O0O60 6yuOA VOuOuID WAto
Mr.. Holman OF Indiana in the belief that
II 10 not yet too late to declare the lands
forfeited. He will, ~ OOH 40 Congress
meets, offer this bill, declaring the for
FIXTURE Of al unpAtented land grants Of the
forty-seventh Congress under considers
ton and the claim Of the Texas Pacific
Railroad Company to the lapsed land grant
Of u, 900, 900 acres of land Of the Southern
Pacific Company. Judge Payson Of Illi-
nois and Proctor Knott Of Kentucky were
originally the only two members Of the
committee who opposed the legality Of the
transfer. subsequently Knott was taken
sick. and Payson wa left 10 fight the
scheme alone. This he did 90 we'll that
on the ANAL vote the transfer Was defeated
by Il to /, and the bill declaring the grant
forfeited and returned 10 the public do
main Wa reported to the House, but
failed TO pass. After adjournment II was
stated 10 Judge PAyson that Huntington
and Crocker Of the Southern Pacific would
endeavor during the Summer to induce
Secretary Teller to recognize their con
pany a. the land grant road, and certify
to the Southern Pacific the land grant. In
order to forestall this action Judge PAyson
requested the Secretary Of the Interior and
the Attorney General to notify him II the
company attempted any such action, In
order that he might present IN ar.
gumsnt In opposition. During his sb-
ssncs In California, Judge Psyson noticed
In the newspapers . paragraph that
Dunn. Rosscrsns and Cobb had fled .
protest against the transfer Of the grant,
and . subsequent item to the effect that
Mr.. Hin. claiming to represent them. had
made an Intellectual attempt to withdraw
n~o&ouA HunnoainU khaA anunokhlnn
had been done he came to Washington and
found an elaborate argument fled BY
Of the law firm Of Tweed q Choate
Of New York, asking that the Texas Pa
ciAc grant be transferred to the Southern
Pacific Company. Payson Immediately
set about preparing 3 reply to this, and is
now engaged ct the Interior Department
in collecting evidence there on Ale In sup
port Of his statement that the Texas Pa
cifc has no legal claim whatever to the
land grant Of the Southern Pacific Com
pany. In conversation last night he said
he came ~ the representative Of the peo-
pie to fight against this effort to steal 49,
DOC, 900 acres Of the public domain. This,
he said, IL only q case out Of many in
upwards OF 1855, OOO, 900 acres Of
lapsed land grants, which, up to the pres.
mt time, had received far too little atten-
lion from the press Of TIE country, and
which viii certainly become the feature Of
Of the next Congress.
Death Of . Prominent Citizen.
MILWAUKEE. Sept. Jason Downer, ct
ne time Associate Justice Of the Wisconsin
Court. ID dead. His age was 70.
IL came to Milwaukee ~ years ago. and
~ the first editor Of the Milwaukee Daily |
~entinel, Afterwards entering the legal
rofession. He leaves . wife, but no
His estate Il estimated ct .
uartsr Of . million.
Yellow Fever.
WAsHnareN, Sept. 1.-Commodore En-
Gish received the following telegram from
.ensacols, dated yesterday: "Three new
ses Of yellow fever rsported-two ma
mes ct tho hospital and q employe Of
Pay department., lately attending
Postal Telegraph Contracts.
new YoRx, Sept. 1.-Contracts to the
,ount Of ST. 500. 900 for the construction
new lines have been awarded by the
ard Of Trustees Of the Postal Telegraph
'mpany. Nackay, the President, will
We here for California In . few days. but
will see the work fairly under way be- !
he leaves.