Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1884-01-22

between the companies down to this date,
quotes largely from the recently published
Huntington correspondence to establish
the fact OF such hostility and its character.
The report says on this point: "These
letters tell the story plainly OF the hos
tile position OF the Southern Pacific
toward the Texas Pacific during all these
years, and neither had nor claimed any
rights east of the Yuma" and ION the qnes-
ton as to the relation of these two COM
panies during all these years, two lines
being constructed, your committee do not
find a single act performed by either
that is not hostile in its charac-
ter as to the other" 1t calls
attention also TO opposition to the South
ern Pacific in the FortY-fifth and Forty
sixth Congresses to the requests OF Scott,
of the Texas Pacific, for a guaranty for his
road. After presenting these facts, the
committee gives as its conclusions that
the Southern Pacific was hostile enter
prise to the Texas Pacific until all its road
bed had been constructed to Sierra Blanca,
Tex, and until the contract of November
Sth was consummated that it shrank from
nothing which tended to defeat the work
that the Texas Pacific was engaged m
constructing competing through line OF
railroad to the Pacific ocean; that, while
it is nominally an independent corpora
ton, it was in TACT practically the Central
Pacific; that the Southern Pacific was
built with money Of the Central Pacific,
outside securities being leased upon it,
and operated by that company; that so
far as Congress was concerned, the South
ern Pacific never had any rights east of the
Yuma upon which it could base a claim
against the government, either legal or
equitable; that it built its road ex-
pressly without the intention, expectation
or hope OF receiving a dollars aid or
acre OF land therefor from the
government; that by its action it sided in
defeating the building OF the road contem-
plated by Congress. In connection with
the facts presented iu the report, common
notoriety show that this Transcontinental
Transportation, as now stated, is in this
| condition. The next route north OF this,
| the Atlantic and Pacific, is controlled by
| the Central Pacific west OF the Colorado,
| and by Gould east of it. The Central
| Pacific and Union Pacific, with Gould's
| connection east of Omaha, control the
middle route. By substituting the
Pacific Mail, the Central Pacific
keeps a water route under con-
| troll. The Northern Pacific is not
| only in the pool with the Central, but
an agreement has been made between
them whereby the territory OF the great
Northwest is divided between them as to
transportation, as though ownership OF the
country followed the building of railroads
into it. Subject to which practical asser-
| ton Of ownership, the transportation OF
| freight for the entire Pacific coast is under
| control of few men, who adopt as a rule
| for charge ''all traffic will bear" The re-
! port declares that Congress has the full legal
| authority to declare the grant forfeited,
| and saws: at seems perfectly clear to the
committee in declaring the forfeiture, that
the only act OF the grantor in asserting his
right to resume the grant, to be exercised
at his option, terminating the estate, for
breach OF the conditions for which it was
granted, the power rests with him. 1t is
at his option whether he will exercise it
or not, and until exercised there is moth
ing on which the company can act. As
/ to the claim OF the Southern Pacific COM
| pany that, having complied with
| all the requirements of the act,
as they should have been performed by
! the Texas Pacific, it had right to the
| grant," the committees report says
! 'Before complainant company can be held
entitled to this grant it must be found that
| the conditions of the grant have all been
| complied with by it or its grantor; that il
is the legal successor and assignee of tbe
/ Texas Pacific, and also that succession is not
! the result of combination or consolidation
with the Texas Pacific by a rival or com
peting line OF railroad to the Pacific. y
| The committee finds that the condition in
the grant prohibiting consolidation with
rival or competing lines has been abso.
lutely violated by the Texas Pacific by
making contract in November, 1881
that the Texas Pacific has not accom-.
plished a single object for which it was
created, but attempted every act possible
which it was prohibited from doing.