Los Angeles daily herald., 1886-04-02
THE SAN JOSE RANCHO TITLE.
history of the Grant since 1887


History of the Grant since 1881.
So much inquiry has been made about
the recent decision by the Secretary Of
Interior concerning the Rancho San jos
in the eastern part of this county that
the following history OF the grant is
presented from the Pomona Times
Courier.
"The Rancho San Jose, in which Po-
mona is situated, embraces a large part
of one of the most beautiful valleys on
the continent, and the lands within and
adjoining it are highly valuable, and
constantly enhancing in value. Last
week Secretary Lamar requested Attor-
ney- General Garland TO direct the
United States District Attorney for CAL
ifornia to bring suit against the Southern
Pacific Railroad Company for the pur-
pose Of annulling patents Issued to them,
covering about Ia 200 acres of land ad-
joining this ranch on the north, and
lying partly in the valley and partly in
the foothills north Of town. The lands
being ell occupied by settlers claiming
either under the railroad OF under the
government, this will be agreeable or
unpleasant news to them, according to
the nature OF their interests, but super
latively interesting to all of them. 1t
may not prove unintsresting to the new
inhabitants here to learn little of the
causes which lead to this action.
As early as 1887, when California was
a part of Old Mexico, Juan Alvarado,
then Governor, granted s'the place
called San Jose," containing three
leagues. to his friends, Ygnacio Palo-
mares and Ricardo Vejar, for their cat
tie to Craze upon. Three years later
the Governor wrote that he would like
them to take in his particular friend,
Louis Arenas, and let his cattle Craze
with theirs, and that he would enlarge
the grant by the addition Of one league
on the. west nearer the mission of San
Gabriel, to which all these lands were
appurtenant OF that time. All agreed.
The rancho was surveyed and judicial
possession given some time afterwards,
under directions of the Mexican Court
Of First Instance Of Los Angeles.
These original grantees subsequently
disposed Of their interests TO various
parties. Mr.. Slauson, Of the Los An
geles County Bank, owns most OF the
Arenas interest now. The heirs Of
the Paiomares interest and Louis Phil
ips, Of Spadra, own all the uusold part
Of the vejar interest.
ALI lands in California, not owned by
individuals, became vested in the United
States ON the change of flags, in 1850.
Congress, by Act Of March Sd, 1855, ap-
pointed Board Of Commissioners, to
hear evidence and ascertain what interest
had vested in individuals under Mexican
grants, and only such grants as were con
firmed by this Board, or the Courts, on
appeal, were recognized as valid by the
United States Government. Proceed
ings were taken by the parties in interest
for confirmation of this grant. The
grant was confirmed on the lines of ju-
ridical possession, and surveyed off by
Deputy Surveyor Hancock, in 1858.
The notice Of the survey and filing Of
the approved plat having been pub
lished, and the plat OF the rancho
being retained in the Office Of the
Surveyor-General for the time re.
qaired by the Act, and no objection
having been made. the Hancock survey
became final by lapse Of time, and the
grant was finally confirmed on the
boundaries fixed by it. But these lines
were not sufficiently identified on the
land, and in time becoming oblitereted
and lost, nobody knew just where the
ranch was. In 1865, under direction
from the Land Department, United
States Deputy Surveyor Thorn pson sur
veyed the rancho to re-establish the lost
boundaries and define the limits Of the
grant as already settled.
This survey was not made to disturb
or conflict with the final survey Of Han.
cock. but to give it force and effect;
otherwise it would have been without
Jurisdiction. void and of no effect, as
final survey had already been made.
This Thompson survey included with
in its boundaries the IA, 900 acres Of land
now involved, and was not set aside till
1874. Congress, by Act Of March Sd, |
1871, granted to the Southern Pacific |
Railroad Company the odd-nnmbered
sections which were ''free from pre-emp-
tion, or other claims or rights, within |
specified limits, on each side Of their |
proposed line, from the Colorado river 10 |
San Francisco, excepting mineral lands |
and lands reserved, sold. granted or
otherwise appropriated" The Act op-
Grated as a grant in present., and vested |
in the railroad the title to lands falling |
within its description at the moment the |
plat of the survey designating the line
Of the railroad on the ground was fled in
the Office Of Commissioner Of the General |
Land Office. April Sd, 1871.
The IA, 600 acres involved were in
cluded within the survey OF the rancho
at this time when the companys title |
vested in lands under this grant, but.
thereafter, in 1874, a new survey Of the
rancho was ordered by the Land De-
partment, and was accordingly made by |
United States Deputy Surveyor Rey-
nolds, for the same reason that the |
Thompson survey was made. The H..
600 acres involved were excluded by this
Reynolds survey. The original lines
being BY it definitely ascertained, pat |
ent was issued by the United States to
the grantees upon it in 1875. The rail-
road then selected the odd numbered |
sections in the excluded territory and
obtained patents therefor.
The land involved Is the IA 900 acres
included in the Thompson survey OF
1868, and finally excluded from the
rancho by the Reynolds survey, of 1874.
The question is whether or not this land
was sub-judioe, or free from pre.emp.
tion, or other claims. or rights" April
Sd. 1871, when the railroad rights vested.
The settlers claiming under the rail
road company will be necessary and in
dispensable parties to the suit to vacate
the railroad patents. In view of the ex.
tensive improvements Of many of them
it is to be hoped that in the final adjust
ment Of the matter their claims will be
protected and their just dues respected,
aside from the question Of the validity Of
Al 4.