Los Angeles herald., 1892-12-16
THE FORFEITED LANDS.
THE POINT OF VIEW TAKEN BY
THE SOUTHERN PACIFIC
A claim That the Recent Decision Does
Not Decide All the Cases-The
Points AT Issue in the
Controversy.

There is considerable talking in the
air over the decision of the United States
supreme court with reference to the
Southern Pacific overlapping land grant
lands, and the full force of the decision
will not be known until the text of the
decision reaches the city.
So much excitement has been caused
by the statements that the decision will
throw open to settlement many thou
sand acres OF land that the United States
land Office in this city Ii already being
overrun with applications to file upon
lands upon which they have had their
eyes.
In order that the position of the land
Office in the matter may be fully under
stood, the following notice has been is
sued and was yesterday posted in sew
eral places in the office:
Notice is hereby given that the rail-
road lands covered by the decision Of the
supreme court of the United States of
December IL, 1892, are still reserved and
not open to entry, and will not be so
opened until instructions to that effect
are issued to this Office by the honorable
commissioner OF the general land Office
at Washington, d. G.
This Office has no knowledge or opin-
ion as to when such notice will be re-
ceived.
Notice is also given that applications
to enter lands now reserved for railroad
purposes will confer no rights upon the
applicants until the order of restoration
to the public domain is issued. Upon
the receipt of such order by this Office
due notice will be given through the
public press. and applications will then
be received under such rules and regu-
lations as may be prescribed by the
honorable commissioner.
Valid rights acquired by purchase
from the Southern Pacific Railroad
company seem to be amply protected by
the act of March 3. 1887.
w. H SEAMANs, Register.
G. w. BRYANT, Receiver.
In regard to the decision itself there
is considerable variance in the opinions
of attorneys as to it's effect, that is as to
the extent of the lands covered by it
The following shows how it is regarded
in Southern Pacific circles:
RAILROAD OFFICIALS TALK.
Fourth and Townsend street people in
speaking about the dispatch in yester
days paper to the effect that the
United States supreme court has de-
cided that the Southern Pacific Railroad
company has no title to the lands in the
land grant of the Atlantic and Pacific
company where the grant to the former
company overlaps or crosses the grant
to the other company, say that the de
cision does not finally dispose of the lit
| igation arising out OF the overlapping
grants, says the San Francisco Exam.
iner. According to them there are suits
now before the same tribunal which af
feet these lands, and which may not be
decided for year or more.
The whole amount of land in dispute
| is placed by the N at not less than 750,
600 and not more than l 1000 900 acres
Had not peculiar provisions in the two
grants been made in California the
amount would have been approximately
5000, 900 acres. In California the At
lantic and Pacific was only given the
odd sections for 20 miles on either eide
of road from The Needles due west to
the Pacific ocean, with an additional 10
mile idemnity limit on either side.
grant of the same mileage on either side
was given the Southern Pacific railroad
but in the adjoining territories it, al
we'll as the Atlantic and Pacific, wal
given a grant of every odd section for Al
miles on either side of the road and al
additional 10.mile indemnity limit OF
either side.
Jerome Madden, land agent of tn,
Southern Pacific Railroad company, hat
this to say on the subject yesterday
"The United States supreme courts de
cision dealt only with cases 6S, SS, II
and 178 consolidated. Case 6S pertainet
to the title of 1401 acres in San Ber
nardino county, and case So affected 80
additional acres in the same county
Case 178 related to $40 acres in Los An
geles county, and case III referred t.
1850 acres in the same county Com
bined these four cases that have beel
decided against the railroad affect ad
versely its title to 1912 acres or there
abouts. That is all there is to the de
cision as l understand it. Other case
are before the same court involving tn
RAILROADS. title to other portions of tn
overlapping grants, which may be de
cided within a year. The amount c
land involved in the overlapping grant
is not over $50, 900 acres
1t appears that the Southern Pacifi
railroad made plea that whereas tn
Atlantic and Pacific company did nc
file it's may of definite location in Cal
fornia until after the Southern Pacif
railroad was given it's grant, the latte
should hold good in it's entirety, esp'
cially after the company forfeited il
grant by failure to build its road. Tt
Atlantic and Pacific got its land grant
1866. but did not file its map of defini
location in California until 1872. Tt
Southern Pacific railroad got its graz
in April, 1871.
Specimen Cases.