Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1885-11-06
Commissioner Sparks Renders
an Important Decision in
Reference to a Land
Grant.
1t Effects an Area as Large as
The Whole State of Massa-
chusetts.
The Annual Report Compiled
BY The Director of the
Mint,
The Public Domain.

TIE GRAB OF S64 600 ACRES.
WASHINGTON, Nov. 3.-Commis-
sioner Sparks has just made decis-
ion which, if not reversed, will re-
store to the public domain nearly T.,
600 square miles, or 4 S64, 600 acres, of
land, equal to the whole state of
Massachusetts, now claimed by the
Atlantic and Pacific Railroad COM
pany. The act granting land to this
railroad company provided for llae
from Springfield, Mo, to the western
| boundary of the state, and then to the
head waters of the Colorado Chiquito,
land thence along the thirty fifth
parallel of latitude as near as may be
found suitable for a railway route to
the Colorado river at such point as
may be selected by said company for
crossing; thence by the most practica>
bic and eligible route to the Pacific
The grant was twenty alternate sec
tions per mile on each side of the road
in the territories and one. half that in
states, The company has earned no
land in California, for it has built no
road there, but it filed with the secre~
tary of the interior in 1872 and with
the commissioner of the general land
office in 1874, maps of its route shows
ing a lIae from the Colorado river
across California TO the Pacific ocean
at San Buena Ventura, and thence
along the coast in a nortIwesterly dl-
rection, nearly $50 miles to San Fran
cisco and wrote to the commissioner
that
MAN NAAED PALMER
had offered to file mis- declaratory
statement on certain lands lying with
in the claimed grant of this railroad
between San Buena Ventura and San
Francisco. Tie land off GERS did not
accept the declaration, though they
believe the man was entitled to the
land, and wrote to the general land
office for instructions. The commits
sioner holds that Palmer's claim is
good. irrespective of any considera-
liors affecting the land grant, because
on was occupied when the railroad
company filed its maps, or had been
some time before; but on the general
question of the right of the railroad
company. no says the questions are
raised: Was the company authorized
to designate a line extending beyond
the point where its line across the
state reached the Pacific9 Did con-
gress intend that the company should
select San Francisco as the western
terminus of the road'
The first question he at once decided
in the negative. The second ques-
ton ~as answered favorably to the
company by Assistant Attorney Gen
eral Smith IN letter to the secretary
of the interior, March 16, 1874 He
held that the c0mpany was left free
to select its western terminus, and 1t
had selected San Francisco. The
commissioner
besides OTHERWISE
as to its right. Cong ress made land
grant to the Southern Pacific from a
point near the western boundary of
the state of California, where it cross
ed the Atlantic & Pacific road, to San
Francisc0. If congress meant the
Atlantic & Pacific road should go to
San Francisco it made two grants to
two corporations in aid of two rail
roads to be constructed between the
Sdluo Two pOluLS LII CdlJOFDld, anu
this the commissioner deems improb-
able. Since Assistant Attorney Gen
eral Smiths decision the United States
circuit court in the case of the South
eru Pacific against Orten, 6 Sawyer,
page 100, used this language:
The Atlantic and Pacific road by
section 1 of the act WAS to run along
the thirty fifth parallel of latitude, as
near as may be most suitable for a
railway route to the Colorado river at
such point as may be selected by said
company for crossing, thence by the
most practicable and eligible route to
the Pacific, not to San Francisco.
This being later decision than that
of Smith. and being in accordance
with the commissioners construction
of the granting act, the commissioner
holds that when the Atlantic and Pa
cifc had once reached the Pacific it
exhausted its rights, and it could not
continue its line along the coast and
get a land grant for another $50
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