Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-04-29
RAILhOAD LAND GRAMS.
The Recent Statement OF tho C0mmis-
sioner of the General Land Office.


sioner OF the General Land 0ffice,
IS, +, Bulletin. April 2Sth.]
a dispatch from Washington, received
during the early part of the month, yelat-
ing to the forfeited lands of the Texas and
Pacific Railroad, has caused some anxiety
to be felt by purchasers OF railroad lands in
southern California. The dispatch stated
Commissioner Sparks said that there was
fraud III the supplemental order issued to
the Register and Receiver of the Land Office
at Los Angeles reServing q portion of the
land embraced in the Texas and Pacific
land grant from the operation of the order
and directing him 10 take steps to restore to
the public domain, in accordance with the
Act passed by the last Congress, all the
Texas and Pacific grant, though he did not
think Acting Commissioner Harrison was
culpable. Harrison's explanation IS that
he signed the order without fully compre-
hending its import, and the clerk who gave
him the order says he did nGt fully explain
il to him.
The above report made many persons
fear that the lands which they had bought
from the Southern Pacific Railroad were
originally covered by the grant 80 the
Texas ana Pacific Railroad, and that the
subsequent grant to the Southern Pacific
would become void and their titles rem
dered of no value, if there were no reserva-
ton Of lands covered by the Southern Pa
Ciic grant from the operation of the Act
restoring Texas and Pacific lands 10 the
public domain. The grant to the Southern
Pacific covered portion of the Texas and
Pacific grant, in the southern part of the
State, and il is where the two grants over
lap that there is feared that there is a
chance for dispute The section covered
by both grants is embraced between the
Mexican boundary and q line parallel to it
and about twenty-five miles north, reach
ing from the Colorado river perhaps forty
or fifty miles west. Il is q part of the Col
orado desert, and is said to be of no value
for settlement. \ correspondent has made
inquiries concerning land in townships >,
3, /, 5 and 6 south, range |, >. 3 and west,
san Bernarlino Base and Meridian fearing
that they come within the territory covered
by both grants. They are, however fully
- miles north Of the Texas and Pacific
grant. Besides. where q patent is obtained
from the Government, as has been done in
the case of this lanG, there can beno queS-
ton as TO the permanency of title. The
railroad obtained a patent December p,
1888, and he has complied thus far with his
contract with the company to purchase.
Jerome Madden, Land Agent of the
Southern Pacific Raihoad on April 18th,
wrote as follows to J. G. NcCallum. Indian
Agent at san Bernardino, respecting the
railroad land covered by the lapsed Texas
Pacific grant;
Answering that portion of your letter asking
whether or not the Commissioner of the General
Land Office, in his order OF Saturday, 4th inst,
restoring TO settlement and entry the lands i'll
California embraced in the Texas and Pacific
Railroad grant. intended to include any South
ern Pacific Railroad lands between Cotton and
Yuma tmeaning | suppose. those lars over
Tapped by both grants, have TO say tia. Is yet
l have received no adVices ON the subject from
the cOmranyS attorneys in Washington, nor
have seen the order. ! am, therefore. unable
TO give you any information about It. If there
is Il railroad grant in the United States that is
absolutely perfect, it is that of the Southern Pa
citic Railroad branch line tlom MOjave to Yuma
The road was commenced and finished within
the time prescribed by the Act granting the
land and every requirement of the law COM
piled with strictly, while the Texas and Pacific
Company never made any attempt to construct
the line. 1t would therefore seem that il would
not make any difference whether the Commits
f!oner did or did not intend to include any OF
these lands in the order referred TO, as neither
he nor any one else can take from the Southern
Pacific Railroad any land which it has earned
by compliance with all the conditions of its
grant
Mr., Madden has issued the following no
tice TO all persons who seek 10 settle on or
enter the lands formerly granted to the
TeXasPacitic Railroad Company:
Whereas, the Commissioner of the General
Land Giiee at Washington has recently in
stTuCted the Register and Receiver of the
United States Land Office at Los Angeles, Cal,
tlat under the Act of Congress approved Feb
ruary 2S, 1885, the lands heretofore granted TO
the TeXas-Pacific Railroad Company to aid in
the construction of its railroad are declared
forfeited and the iroio of said lands restored TO
the public domain, and has directed that notice
be given by publication that said lands have
been restored by the Act and that the books OF
the respective Land Offices are open for entry
and location OF the same, and inviting the pub
lie to settle upon and enter the lands granted TO
the Southern Pacific Railroad COmpany which
are overlapped by and within the tYenty-mile
limit of the grant to the said Texas-PacitiC Rail-
road Company and
Whereas, part of the lands included In said
order of yesterday, tn.Wit, The 0dd-num bered
sections within the overlapping limits. were by
Act OF Congress approved March j. 1871, granted
to the :. =: L. z. Co, subject TO the REQUIRE
mcntS Of the Act of Congress. approved July %
1866, granting lands to the Atlantic and Pacific
Railroad Company, and have been earned by
and now belong to said Southern Pacific Rail
road Company:
Now, therefore, the Southern Pacific Railroad
Company hereby gives notice TO all whom It
may concern that it has fully complied with all
the requirements of said Act of Congress: that
ii has earned and ROW owns the odd-numbered
sections inside the boundaries of its grant with
in said overlapping limits; that it torbids and
warns all persons from entering upon or max
ing settlement or Improvement upon said odd
sections without having first made
Arrangements with the Land Department of the
southern Pacific Railroad Company Tor the
purchase OF occupation of them: and that il
viii resist in the Departments OF the Govern
ment aud the Courts all attempts TO acquire title
o said tracts adycrselyito it,