Los Angeles daily herald., 1888-08-03
CAPITAL CULL,NGS.
The San Carlos TrOubles-An I'm.
pOrtant Land Decision.

POTSanI Lana DeclS10ns
WASHINGTON, August Mrs. Cleve-
lands mother arrived to-day.
Chief Justice Fuller will not take the
oath of Office until the reassembling of
the Supreme Court in October.
SERIOUS REPORTS FROM ARIZONA.
Acting Adiutant- General Kelton this
morning received the following dispatch
from General Howard, repeating one
from Lieutenant-C Colonel Snyder of July
30th, and one from General Miles Of
July 31st.
Two dispatches just received from
General Miles, intimate more serious
condition of affairs at San Carlos than
previously reported. General Miles is
en- route to that agency, and am conf
dent he will do all in his power to pre-
vent any Indians from getting beyond
the limits of the reservation. / earnestly
request immediate attention to furnish
ing cavalry horses required in Arizona.
A FAR-REACHING DECISION.
The Secretary of the Interior to-day
rendered decision in the somewhat
celebrated case of the Northern Pacific
Railroad Company against Guilford Mil
Ter. The Secretary holds, briefly, that
when map of the main line was filed
and accepted in 1870, the general route
was fixed, and statutory withdrawal un-
der Section 6, OF the granting act, be-
came operative. Statutory withdrawal
having once been put in operation, could
not again be exercised, its authority be-
ing exhausted. The central route being
once fixed could not be amended or
changed, except by legislative authority.
AS no such authority was given, the at,
kav nrnk = a. ~, u
route by the map of 1872 was.
land was not within the limits of stat
utory withdrawal under the lawful map
of 1870. it remained public land, subject
to settlement, notwithstanding the fling
OF the map of 1872 and the attempted
withdrawal of the land by the Commits
sioner of the General Land Office.
The Secretary holds that Section 6 OF
the granting act, to the company, alb
solutely prohibits the withdrawal. by the
Executive, of lands on the line Of the
road from the operation of the Home
stead and Presumption laws, and that in
attempting to make withdrawal of lands
for indemnity purposes tie Commissioner
did that which was prohibited. The rail-
road company selected Miller's land as
indemnity for lands lost within the
Yakima Indian Reservation, but the Sec
retary says inasmuch as the Supreme
Court said in the Butts case, that the
fee simple title to lands within
the Indian reservation, passed by grant
to the company, subject to the right of |
occupancy by Indians, the company is |
not entitled to indemnity for lands within |
said reservation and which have passed |
to it by its grant.
The effect of this decision is far-reach-
ing and will affect about eight hundred
cases now pending in the Central Land |
Office, and probably the claims of many
settlers which have not reached them.
The denial of the right of the company
10 indemnity for lands within the
Yakima Indian reservation is said to be
equally applicable to other Indian reser- /
vations along the line of the road, and
will have the effect of reducing the
claims Of the company yery L
argely, probably to the extent of mil
ion and half acres.
From November 10th to March l4th,
nail will leave San Miguel for CLolame
laily, except Sunday, at 6 AZ N. from
March 18th 70 November 18th, at s 4. NJ