The Arizona champion., 1886-07-17


 the road, issue to the R. E. Co. and in all cases these reports and recon. mendations were approved by the President and returned to the Interior Department for appropriate action. The following extract from a'letter dated Jan. 3rd, 1882, written by Mir. klrkwood, Secretary of the Interior. accompanying the submission of the Commission $ report t0 tb Presidents will more clearly explain tite status of the claim of the A. X P. k. R. Co. and the light in which II was then re- garded by the Government. "in ac- cordance to what l understand to be the ruling of the Supreme Court ot the Umted States, the opinion of the Attorney General and the action of thls department heretofore, I recom- mend that said sections of railroad and telegraph hne be accepted, and that the lands elrned by their con- struction be patented to the AtlaDtic x Pacific Railroad Cu. pursuant to law"
 We also call your attention to the following decisions of the Supreme Court ot the United States, which has uniformly upheld the rlght of the various railroad companies to la rds granted to them by the varlous Acts of Congress, where there has been no clear anu positive act declaring for telture thereof, and has declared all the conditions in the clauses in the various land grants which provide Tor forfeiture in cases ot default to be con ditlonS subsequent.
 U. $. V. (Rep :ntigney.) 5 Wall a67, a6S.
 Schulenbergv V. (Halriman. ) 3 Wall, 6.
 Farnsworth V. R, R. Co. oa U. s. 66.
 McMlcker V. US. 97 U. S. 2r7, aI8.
 r Van Wyck V. KnevAls. Io6 U. s. 800.
 Sr. Louis & I. M. By. Co. vs. Nc Gee, { (Declded Nov. aSrd, ISS5.)
 See also the cases cIted in lhc Driei made by Col. G:ay with regard 10 the Northern Pacific land grant, copy of which We enclose.
 The enclosed copy of the bill which has ust pAsocd ths House wl.I show you that It ls not a! all t,c lnlenuon of Congress 10 iO. felt ltnd alrulu : earned by the Construction of the road.
 You can thus sately aSsum, that the right of the Atlantic u PLcl lc Co. to the lands sold by It to the Aztec Co.,. iS perfect. although the patents there to have not yet been issued by the United States, and as the Aztec Co. paid for he lands in lull and obtained possession thereof, 1t can claim them against anyone not showing super for title and certainly against mere trespassers wno have n0 tile UT claim whatsoever.
 Il appears that the County of Apa- che Is exempt from the provisions of the So-called "Sheep Herdlng Act, Compiled Laws ot ArIzona, Ch. Co, but We think that Section I7 of No. 30, Laws of 1885, applies to the cases ot these t;espas,crs, and Tn the event of the!r driving any of the Aztec company'S cattle off the ranch they would bring themselves under Section I5 of the sane Act.
 While the Aztec companydoes not dispute the right of any one to herd hls animals on the public land, yet It objects most strenuousIy to the entry upon its lands of any herds or druyes which must necessarily occur when they cross from section to section. Herders must prevent their flock, or drOves from wandering off from the public highway and grazing on the Aztec company's lands and are nut only guilty of mlsdeneanor but are also liable to !he Aztec company for damages in case they allow or attempt such trespaSS and when the ofanSe Is continuous, they may also be en- inined.
 However, as your knowledge of the territorial law, as we'll as of the man. nerS and customs of the country, would make you the best judge of wha, Is the proper remedy to Ue lrlr- sued by the Aztec company ip these cases, we shall leave 1t to ,our nlsCre- tion, only urging you to act wtth the greatest prompttudt and to alloy no