The Arizona champion., 1886-07-10

the road, issue to the F. <. Co. and in all cases these reports and recon mendations were approved by the President and returned to the Interior Department for appropriate act'on' The following extract from letter dated Jan. Srd, 1882, written by MT. Kirkwood, Secretary of the Interior. accompanying the submission of the Commission S report to the President, will more clearly explain tue status oi the claim of the A. X P. K. K. Co. and the light in which it was then re- garded by the Government. "ln ac- cordance to what understand 10 be the ruling of the Supreme Court ot the United States, the opinion of the Attorney General and the action of thls department heretofore, l recom mend that said sections of railroad and telegraph line be accepted, and that the lands earned by their con struction be patented to the Atlantic x Pacific Railroad Co. pursuant to law"
 We also call your attention to the following decisions of the Supreme Court of the United States, which has uniformly upheld the right of the various railroad companies to lands granted to tnem by the various Acts of Congress, where there has been no clear and positive act declaring for, feiture thereof, and has declared all the conditions in the clauses in the various land grants which provide for forfeiture in cases of default to be con dltions subsequent
 U. s. V. (Rep:ntigney.) 5 Wall 207, 26S.
 Schulenbergv. (EIarriman.) ? Wall, 6.
 Farnsworth V. R, R. Co. 92 U. S. 66.
 McMicker V. us. o7 U. s, 217, 2IS.
 Van Wyck V. Knevals. Io5 U, s. 36o.
 St. Louis & I. M. By Co. vs, Me Gee, (Declded Nov. 23rd, l9o5.)
 See also the cases clted in the brief made by Col. Gray with regard to the Northern Pacific land grant, copy of which We enclose.
 The enclosed copy of the bill which has just passed the House will show you that Il Is not al all the intention of Congress to forfeit land already earned by the conoiructlon of the road.
 You can thus safely assume that the right of the Atlantic X PaCiliC Co. to the lands sold by 1t 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 the lands in iui and obtained possession thereof, 1t can ClIlm them against anyone not showing a super for title and certainly against mere trespasSers who have no title or claim whatsoever.
 It appears that the County of Apa- che Is exempt from the provisions of tbe so-called "Sheep Herding Act, " Compiled Laws of Arzonl, Ch. Go, but we think that Section Y of No. 80, Laws of 1885, applies to the cases Of these t:espassers, and Tn the event of their diving any of the Aztec company's cattle off the ranch they would bring themselves uader Section IS of the same Act.
 While the Aztec company does not dispute the right of any one to herd ms animals on the public land, yet II objects most s,renuously to the entry upon its lands of any herd, or droves which must necessarily occur when they cross from section to section. Herders must prevent their fockS o; droveS from wandering off from the public highway and grazing on the Aztec company's lands and are not only guilty of a misdemeanor but are also liable to the Aztec company for damages in case they allow or attempt such a trespass and when the ofcnse is continuous, they may also be en lolned.
 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 o what is the proper remedy to be pur su d by the Aztec company in thest Cases, we shall leave it to lonr discre tion, only urging you 10 act with the greatest promptitude and to allow nc