The morning call., 1892-01-12
ALONG THE RAIL.
Controversy Over a Big Land
Grant in the South.
The Railroad Commission Has Ordered an In
vestigatiOn of Local Rates and an
Inspection of Districts

The Southern Pacific Company and the
United States Government are exchanging
considerable correspondence concerning the
ownership of about 100000 acres of land,
situated in Monterey and San BenltO
counties.
Across this strip of country the company
! agreed some years ago to construct rail-
road. After several surveys and the com
pletiun OF a line on either side Of the tract
in question. it was deemed advisable to give
up tie project and break the conf pact, which
gave to the company every odd section
within the limits Of twenty miles on each
side of the projected road.
The road was built, however, as far as
Tres Pinos on the north, and then run from
Tulare to Alcalde on the south, leaving a
gap Of about 100 miles. In September, 1890,
Congress passed an act forfeiting to the
Government several tracts of land, pre-
viously granted to the company, under con-
ditions as above stated, and at once open ed
the same for settlement
The 70O,000-acre tract In Monterey and
San Benito counties was supp Osed to come
under the law which applied to the other
tracts, but it apparently does not, for the
! company claims that it has rot been for
! feited, even though the road has not been
built.
NOTHING SAID OF FORFEITURE.
Jerome Madden, land agent of the COM
pauy, explains the matter as follows, and
says that the acts Of Congress which specify
that when the contract of the company is
broken by falling to build the land shall
revert TO the Government do not apply TO
this specific case
Forfei,ures have been made under other
/ acts, but not under the one approved July
! y, 1866. which, In Section 9, provides that
/ if any breach be made in the conditions Of
/ the grant by the company and allowed to
continue for one year the Government may
! do any and all acts and things which may
/ be needful and necessary to effect the
! speedy completion Of said road"
| The act approved July Is, 1866, entitled
/ IAN act 10 aid the construction OF road
/ from Folsom to PIaCerYnle,' provides that,
/ in case OF a failure by the company to
! build, or to otherwise keep the terms Of the
! contract, the land shall revert to the UDILed
/ States.
An act approved four DAYS later to aid in
/ the construction of the California and Ore
GOn also makes the same provision, but
/ the law referring 10 the large tract IN dis
| pute SAYS not a word about forfeiture, from
/ failure 10 build or other cause.
/ THIS Is why the Commissioner Of The Cen
| eTai Land Office hes tateS about declaring
| the tract open to settlers, and also the rea-
son why the Southern Pacific Company
| proposes to retain a valuable gift from
| Uncle Sam.
RAILROAD COMMISSION.
At a meeting Of the Railroad Commits
siOners yesterday a resolution was adopted
/ directing Secretary Kelly TO notify the man
ayers Of the railroad companies operating IN
TINS State 10 supply the Commissioners with
copies Of all freight ami passenger tariffs
/ now in use on their roads, and in future 10
furnish pnnins 0f all tariffs he fIav- m
put into effect. Mr.. Beckman. the author Of
the resolution, stated that his object in in
Producing it was that the Commissioners
/ might have an opportunity 10 examine and
/ il necessary TO revise the tariffs before they
! are put in use. A resolution requiring each
OF tie Commissioners to make personal in
sptctiOn of his district, tide ever tile roads
running therein aud report to the board al
his earliest convenience, was also adopted.
! j. NJ. Fillmore, General Superintendent
/ of the Pacific Coast Railroad, who has been
/ i'll at the Palace Hotel Tor some days, was
much better yesterday, and is now cUnsid-
cred out Of danger.
W 0. Chase, Secretary Of the Wagner
| Palace Car Company at Chicago, Is visiting
friends in this city.
GONE on EASTWARD.
The Rio Grande Western people have
| gone on TO New York without coming TO
/ San Francisco and the latest scheme for a
! competing road has a black eve. In the
/ party are General W. !. Palmer Of New
/ York. Pres dent OF the Rio Graude Western
! Railroad Company; Grove Foster Peabody
| of New ork, First Nice-President, aud D.
c. Dodge Second Fice-PTesident aud Gen
| eral Manager. They have been touring
| through Mexico and the South west for over
| three weeks.
The Central Pacific overland came in yes
! teTday noon without mail TT passengers,
| having failed 10 make connection with the
De-. Hh.r.fFa rrHrrsr
/ delayed by an accident somewhere along
the line. The malt and passengers Of the
delayed train were taken by the second
/ class train. and arrived here about mid
/ night. one hour late.
F. Il. Tompson, general agent Of the Rock
! Island at Los Angeles, returned to his sta
! ton last evening.
Arthur Mason, President of the Oregon
/ City sportation Company, is in the city.