Los Angeles daily herald., 1888-04-29
THE SETTLERS POSITION
In the Suits Brought to Aunu
A Patent.

I
Patent.
Yesterday representative of the
HERALD visited United States District
Attorney J. Marion Brooks and among
other questions asked for his opinion
relative to the position Of the purchas-
ers of the land near Pomona, which is
claimed by the United States Govern
ment, should the latter prevail in the
suits recently brought against the
Southern Pacific Railroad Company
and others; Mr.. Brooks said:
"The act of March 8, 1887, provides
that the Secretary of the Interior shall
adjust, in accordance with the de-
cisions of the Supreme Court of the
United States, all railroad grants made
by Congress 10 aid in the construction
of railroads, heretofore unadjusted.
The decisions of the Supreme
Court referred to are those
that provide that the railroad
grants are made by the Gov
ernment so as to reach the exterior
boundaries of unadjusted Spanish
grants; that when said grants are ad.
justed, the lands lying between the
eaterior boundaries and the bounda-
ries finally fixed by the courts and
surveys shall be Government land,
and that the railroad compa-
ny cannot extend their lines
SO as to cover the lands living
between the exterior boundaries
as claimed by the grantee, and the
exterior boundaries as finally deter
mined by the Government. The
lands lying between the exterior
boundaries OF the San Jose grant, the
land now in question, and the lines
finally determined and confirmed by
the Department, and patents
issued therefor, are the lands
now in controversy, which the
Government claims. The Act
provides that the Secretary of the In
terror shall demand of the railroad
company the REIMBURSEMENT ard re-
conveyance of these lands, and that
the said company shall have ninety
days in which to comply with said de-
mands. In this case such demand
has been made and the ninety days
have expired, and therefore, in ac-
cordance with instructions, l have
brought the suit"
"Well, what is the position of the
settlers ?"
"The position of the settlers is sim
ply this. Under the Act it is provided
that should it appear that any home
stead or pre-emption entry of any
bona fide settler has been enormously
cancelled on account of any railroad
grant, or the withdrawal of
public lands from the market, such
settler, upon application, shall be
reinstated in all his rights and al
lowed to perfect his title or comply
with the public land laws. Provided,
however, he has not made an entry
upon any other land than that which
has been enormously cancelled, and
also that he had not voluntarily aban-
doned his original entry, and aleo,
that he applies within reasonable
thine, to the Secretary of the Interior
for reinstatement upon the land within
such time, OF course, as may be fixed
by the Secretary of the Interior for
the settlement of public Ian DIS. The
Act also provides that those settlers
who have bought of the railroad COM
pany shall have prior right to the
purchase and settlement upon said
lands, excepting. of course, those set
tiers and pre-emptors who had been
previously on said land, and who
were elected from the same by the
railroad company. Those who have
purchased Of the railroad company