Los Angeles daily herald., 1888-04-23
A RAILROAD PATENT.
Suits to Annui in lhe United
States Court.


As announced in the HERALD Sat-
urday, several suits were filed in the
United States Circuit Court on behalf
OF the United States against the South
ern Pacific Railroad ct al.
The complaints, formally made by
the Attorney General of the Tinted
States, allege that the defendant,
the Southern Pacific Company,
in 1870 was organized as a cor
poration under the laws of Cal
ifornia to construct and build d
railroad and telegraph line within the
State OF California; that by section 20
of the act of Congress of March 3,
A. D. 1870, the said defendant, the
Southern Pacific Railway Company,
was auth orized to build line of rail
road from q point at or near Tehachipi
Pass, by way of Los Angeles, to the
Texas aud Pacific Railroad at or near
the Colorado River, with the same
rights, grants and privileges, subject
to the same limitations, restrictions a g
were granted to said Southern Pacific
Railroad Company by the Act OF
Congress of July 81, a. D. 1866. The
complaint then alleges the granting OF
the lands to the Pacific Railway Con-
pany, and that plan thereof
was filed in the General Land Office;
that the railroad company on April
4, 1871, filed in the office Of the Com
missioner of the General land office,
it's maps OF the designated route of the
said branch of the road. It is also al
legged that in the month of November,
1870, the land was known as the west
half of section 21, in township north
range, 8 west of San Bernardino base
and meridian, containing 321 60-100
acres in the county OF Los Angeles.
State Of California, was surveyed land
of the United States, and was includ-
ed within the exterior boundaries of
of the Mexican land grant known as
the Rancho San Jose, and within the
twenty mile limit Of the grant made
by the United States to said compa-
nv for the construction of the said
branch line.
The lines OF the grant were settled
in 1874, and approved January 20,
1875. 1t is claimed also that on the
9th of March, 1875, a patent was
wrongfully and illegally issued to the
railroad company. 1t is claimed that
this patent was issued without author
ity Of law, as that all OF these lands
were lying within the exterior boun-
daries of the Rancho San Jose, and
were held for the adjustment OF the
rights Of the claimants to the rancho
at the time the branch line OF the
Southern Pacific Railway Company
was definitely fixed, and therefore the
patent is void.
1t is also further alleged that on the
26th of August, 1887, the Secretary OF
the Interior in compliance with the
oct of Congress of March 8, 1887, Sec
ton 2, demanded from the said de-
fendant REIMBURSEMENT or reconvey-
ance to the United States of the lands
alluded to, and the railroad company
has not compiled. 1t is also claimed
that in the establishment of the al
legged claim to the land the other de-
PENDANTS were used by the railroad
company to secure the title, and the
last four names are fictitious. After
reference to the plan and records con
corning the land and the nominal ac-
QUESTION of title by the railroad, the
bill in equity asks relief and decree
that the patent be recalled and can
celled, and that the defendants be
estopped from asserting any title to
the property described, and that all
right and title to the same be for
feited to the United States, and the
premises be declared public lands OF
the United States. This land is all in
the county OF Los Angeles, and is
very near to the limits of Pomona,
and very valuable.