The Arizona champion., 1886-07-03

the President by the secretary of the Interior with recommendations that patents for lands earned by the con- struction of the various sections of the road, issue to the K. R. Co. and in all cases these reports and recom- mendations were approved by the President and returned to the Interior Department for appropriate action. The following extract from letter dated Jan. 3rd, 1882, written by MT. Kirkwood, Secretary of the Interior. accompanying the submission of the Commissions report to the President, will more clearly explain the status of the claim of the A. & P. K. R. Co. and the light in which it was then re- garded by the Government. "ln ac- cordance to what l understand to be the ruling of the Supreme Court of 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 & Pacific Railroad Co. pursuant to law"
 We also call your attention tothe 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 them 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. ditions subsequent,
 U. S. V. (Repentisney.) 5 Wall a67, a6S.
 Schulenbergv. (EIarriman,) ) 2 Wall, 6.
 Farnsworth v. R, R. Co. 9a U. S. .66.
 McMicker V. U. s. 97 U. S. aI7, 2IS.
 Van Wyck V. Knevals. 1o6 U. s. 36o.
 St. Louis & I. M. Ky. Go. vs. Nc Gee. Decided Nov. 23rd, IsS5.)
 See also the cases cited 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 it Is not at all the intention of Congress to forfeit land already earned by the construction of the road.
 You can thus safely assume that the right of the Atlantic & Pacific Go. to the lands sold by it to the Aztec Go. 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 fuli and obtained possession thereof, it can claim 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 Herdiug Act," Compiled Laws of Arizona, On. Go, but we think that Section IT of No. 30, Laws of 1885, applies to the cases of these t:espassers. and Tn the event of their driving any of the Aztec company's cattle off the ranch they would bring themselves under Section IS of the same Act.
 While the Aztec company does not dispute the right of any one to herd hls animals on the public land, yet It objects most strenuous!y to the entry upon its lands of any herds or droves which must necessarily occur when they cross from section to section. Herders must prevent their hocks or droves from wandering off from the public highway and grazing on the Aztec company's lands and are not only guilty of misdemeanor but are also liable to the Aztec company for damages in case they allow or attempt such trespass and when the offense is continuous, they may also be en- joined.
 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