Los Angeles herald., 1891-03-07
AMONG THE COURTS.
AN IMPORTANT DECISION IN THE
CIRCUIT COURT.
The United States Loses Case Against
the Southern Pacific Company-Su-
perior Court Matters.

An important decision was rendered
yesterday morning in the United States
circuit court in the cause of the United
States against the Southern Pacific rail-
road company. The suit involved lands
claimed to have been illegally patented
to the Southern Pacific company by
reason of such lands having been en-
braced within the claimed limits OF the
Mexican grant San Jose at the time
when the grant to the Southern Pacific
company attached, on April 8, 1871. 1t
was also claimed by the government
that the cancellations of the Southern
Pacific company with other companies
were illegal, and that the right to earn
the grant by constructing the road could
not be passed by assignment to the
consolidated company. The court held
that the consultations were legal and
carried with it the right to earn the
land by the new company. Upon the
question of the Mexican grant the judges
of the court widely differed. Judge
Ross, district Judge, held that the lands
having been embraced within the claimed
limits of the Mexican grant San Jose, were
sub judicii and not public lands
when the railroad grant attached, and
were therefore excluded from the grant
to the Southern Pacific railroad COM
pany, and that it was not material
whether the lands were in fact part OF
the Mexican grant, but that the fact
that the lands were claimed to be. part
of the Mexican grant took this out of
the category OF public lands, which
| Il ,ko1 - kI<
pany Judge Sawyer, presiding judge
Of the circuit court, held that as the
lands were not in fact a part of the
claimants, the fact that they were
claimed as part of the grant did not
exclude them from the grant to the
railroad company. The law provides
that where the judges dissent the
opinion of the circuit Judge, for the pur-
pose of taking an appeal, shall control.
A decree was therefore rendered against
the government, dismissing the bill !;
upon which counsel for the government
Immediately gave notice of an appeal to
the United States supreme court.
1t had been hoped that in this case the
lands embraced within the overlapping
grants of the Atlantic and Pacific rail
road company and the Southern Pacific
railroad company would be adjudicated !;
but these cases did not involve land
within the twenty mile limits OF the
Atlantic and Pacific grant and that
point could therefore not be decided.
There are other cases now pending in
court which will be decided in short
time, involving this very important
question, which will settle the title to
over million acres of land.
Hon. J. d. Redding, of San Francisco,
represented the defendant corporation,
while Joseph HI. CALL Esq, of this city,
was retained by the government as as
sociate counsel.
In the same court Judge Sawyer
rendered decision in the cause of the
United States VS.. Cotton Marble and
Lime Co., i'll which Hon. E. M. Ross as
associate judge concurred, in favor of
defendant, a decree being ordered dis
missing the bill as to all the lands. This
was an action similar in almost every
respect to those against the railroad
company.
THE SUPERIOR COURTS.
Judge Wade disposed OF two fore
closure suits in department three yester-
day, DEGREES being ordered for the plain
tiff as prayed for in each case. The first
of these was that of j. Gunner VS.. d. J..
Bracken ct al, an action to obtain judg-
ment for $1956.16, with interest thereon
at the rate Of 10 per cent. from May %,
1890, alleged to be due on a promissory
note, and for the foreclosure OF mort
gage on lot l OF II. G. Lewis's subdi-
vision of ten acres in block @, Painters
q Balls addition to Pasadena, and lot 3,
Stevens subdivision of lots 12 and 13,
e. FL. Raymond's subdivision, Pasa-
dena, given to secure payment thereof.
The other was that of Ocar Doolittle
VS.. j. w. Walker ct al, an action to OBJ
tain judgment for 5000, with interest at
the rate of 10 per cent. from July s,
1858. alleged to be due on note, and to
foreclose mortgage on lot l, block G,
of the Central tract, at Pasadena, given
to secure the payment of said note.
In the absence OF Judge Van Dyke,
who is reported to be convalescing
rapidly, Judge Shaw yesterday con-
tinued all cases set for hearing in de-
| nartment fOur for the session.