The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-04-09
A CHANCE TO GRAB.
Tie Southern Pacific May Seize
Upon the Tulare Swamp.
Secretary Nobls Decides in Favor Of the Rail-
road and Against the state-The
Settlers in Danger.

That the octopus, the Southern Pacific
Railroad Company, has fastened its blood
sucking feeler on another portion of the
public domain is established in the decision
Of John w. Noble, Secretary of the Interior.
la the Tulare swamp lands. The settlers
there think they have secure homes, but the
fact that The lands, 10000 acres in all. are
decided to be not included in the swamp
land grant of 1850, gives the Southern Pa
cine the right to claim every other section.
This decision was sent by Commissioner
Carter to Suryeyor-General Pratt. The
history of the appeal of the Southern Pacific
Company is, briefly. as follows. as set forth
IN the decision: On November !, 1890. Com
missioner Croft submitted to the Secretary
OF the Interior for consideration the queS-
ton involved in the claim OF the State or
California under the swamp-land grant to
certain lands in the vicinity OF Tulare
Lake. Application was made by him to
have them embraced i'll what Is known as
the Norway survey on the borders OF the
lake and certified to the State as swamp
lands Had this been done the Southern
Pacific would have had no claim upon the
land and the settlers would have remained
unmolested.
Ia his reply on November %, 1890, the
Secretary said the question was not prop
erly before him and it was returned to Com
missioner Carter with instructions to act In
MS Judgment either 10 reject the claim CT
the State with right OF appeal or recognize
the validity of the Southern Pacfic's claim.
Commissioner Carter compiled with the re-
quest of the State and the lands were certi-
he'd over to her as swamp ana overfowed
land and embraced in the Norway survey.
This brought the matter before Secretary
OF the Interior Noble. and he finds briefly
as follows:
do not deem Il necessary at this time 10 dis
cuss at length the merits of The Norway survey.
III Is evident that Tie survey was not requested
Nv the Governor OF the State. as contemplated
by The statute; also that 1t failed III the impor-
tant matter OF making corners, 10 conform TO the
requirements of your office In force at that time.
| have also grave do BITS as 10 whether the
meander lines represented on the plats were IN
every Instance actually run on the gtOuDd. In
my opinion, however, there are still mole inl-
poriaDt questions involved In this case.
We are met with the historical and geograph-
ical fact That 1ulage Lake was. prior TO The
passage oil the swamp-land grant Of $50, a body
OF water covering large tract OF land. The
first township surveys of land adjolGlng he lake
were made In 1853 and 1854, TOUR years sub
sequent to the passage of the swamp grant. a
meander line OF the lake was established and
lie lands found TO be swamp were patented 10
the State under the grant. About 1873 per
manent recession OF the waters commenced aud
has been maintained since that time.
In 1880 survey Of lands situate between the
meander line of The lake established by the sur
Yeys OF 1893 and 1854 and the Ulsander line
established by The survey of 1880 was made by
Deputy Surveyor Creighton. and The land.
amounting 10 IA 900 acres, was segregated as
swamp, and the plats were approved by the
United States SuTveyo for California.
Much evidence was submitted by the State TO
establish The fact that the land In question was
actually swamp at the dale OF tile grant, Sep
TENDER rs, 1850. and evidence was submitted
by III opposing claimant; the Southsrn Pacific
Railroad Company, TO establish The fact that the
land was not OF that character al the date OF The
grant. Alter fun consideration your Office aud
this department both held that tile land in ques-
lion was a swamp at the date OF The grant and
The land was certified to the State. The cHarac-
ter OF tie land at the date Of the grant. and not
tfS Hl 1gFa Ia Il Of Al
mlHed lis status.
Tho land now under consideration is situate
between The meander line OF the Lake as esta6-
lished IN 1880 aud as established by Norway In
1884 aud amounts 10 100000 The first and
most important question 10 be determined Is
this: Was The land designated Oh the plats by
The Norway swamp OF that character at the date
OF the grant. September 2S, 1880, or was IL AT
that time covered with water apparently of a
permanent character aud therefore not Included
within the terms Of the grant?
Under instructions from you Special Agent
Satteriee m. de an examination OF the lands EN-.
bTaeed Ia the survey. Alter Careful
examination he reported that lie found they had
been habltually covered with water aud formed
part OF The bed OF Tulare Lake. there being no
evidence 10 show that they were known TO man
as land from the date OF the earliest exploration
By white men until long after the date OF The
grant. After an examination OF the evidence
am OF The opinion his finding Is justified.
When The Creighton survey was under cOnsid-
enthusiastically Mobiles decision continues
Charles ID. Gibbs testified to having made a
survey and meandeIed Tulare Lake for the
government. on the east SIDE or the lake. and IL
was made by him on the edge Of tile water as it
then stood: that The water seemed 10 be at its
highest and from his meander line toward The
lake seemed TO be very shallow FOR long dis
lance, ana was so muddy that he had TO go In
half mile OF more daily for drinking water, and
that tile water for that distance was not more
than knee deep.
The meander line OF the lake established by
by Gibbs In 1853 and 1854 on the south and east
shores OF he lake, where the great mass Of lie
land embraced In the survey now under cousd
Grafton Is situate. Is located from two TO ten
miles outside OF the meauder liue established by
Creighton 1880, aud from five TO fifteen miles
outside OF the meander lne established by Nor
way In 1884.
From ali the evidence in the possession OF the
department., think II Is clearly established that
al the date OF the swamp grant in 1850 the land
In question was covered with water apparently
OF permanent character aud was In no sense
swamp land within the contemplation of the
| statute, and under the ruling of this department
tie same did not pass TO the Stale under the
swamp grant.