The record-union., 1893-07-28
INDEMNITY LANDS.
Judge Ross Decides in Favor of the
Southern Pacific.
The Famous Decision of Land Com
missioner Sparks at Last
Overruled.
Lsan Francisco Examiner, July a7th.l

titled to every odd section of land in its
ten-mile indemnity limit.
The decision is a most important one,
In that it invalidates the title of about
100000 acres of land in California held by
some ], 200 settlers.
AN OLD CONTROVERSY SETTLED.
The decision of Judge Ross settles an
old land controversy in this State. In
1s66 Congress granted to the Southern
Pacific Railroad of California every odd
section ten miles on each side of the line
from San Francisco, via San Jose, AL
calde, Bakersfield and Mojave, to the
Needles. This was the main line of the
road. April 3, 1871, Congress gave the
company an additional grant for branch
line from Mojave, via Los Angeles, to
Yuma. This additional grant was also
for every odd section OF land ten miles on
each side of the road.
AT the time these two grants were made
1t was admitted that the railroad would
not be able to obtain every odd section
within the prescribed limits for num-
ber of reasons.
In the tirst place every piece of mineral
land was excepted. Again in the San
Joaquin Valley, and for large radius
around Los Angeles, there We're numer-
GUS Mexican grants that were excepted.
In the third place there were many home
stead entries taken up that the railroad
could not touch.
In view of this condition of affairs Con-
gress gave to the railroad an indemnity
land grant of ten miles. In other words,
IL passed an Act giving to the railroad the
rlgnt 10 go ten miles on each side of its
road in California, and select enough ODD
sections to make up for each odd section il
found occupied or exempted from its con-
troI within the original ten miles.
AN EMPIRE OF LAND.
Under all these various Congressional
grants the railroad was entitled to some
100000 acres of land in California. When
The company began to select its odd sec
tons 1t discovered that thousands OF acres
OF odd sections were mineral land, Mex
lean grants or prior homesteads. IL then
resorted to making selections of odd sec
uons ten miles further on each side of the
road to make up the deficiency. 1t sent
surveyors out TO locate the odd sections
and as they were located they filed petit
tlons with the General Land Office at
Washington to obtain patents
For about nineteen years the railway
company proceeded with this work with
out dispute and was having patents
issued to it at the rate of 100000 acres an
nually. Redding, the land agent for
huntington and his associates for great
many years, literally worked himself to
OF remarkable memory and a master of
details, he ranked as one of the greatest
lanu experts that this country of extern
slve land grants has ever produced 1t
was Redding who Laid the foundation for
the present systematic land policy of the
railroad. he also schooled his SON Jo-
seph ID. Redding, in the same business.
and IN the suit that Judge Ross has lust
decided the son conducted the railroad
case.
RAILROAD LAND AGENTS.
Prior to the death of Mr.. Redding Je-
rome Madden was placed in charge Of the
southern Pacific land grant in this State.
which is affected by Judge Ross decision.
AT the death of the father W. II. Mills
succeeded him as Land Agent for the
Central Pacific grant in California Ore
gon, Nevada and Utah.
Both of these gentlemen persisted in
carrying out Redding's policy of search
ing for odd sections within the additional
tenmile limits to make up for losses Of
odd sections in the original limits of the
railroad grants. The Interior DEPART
meut at Washington approved OF their
course, as it had done with Redding and
they were industrious and vigilant in en-
deaVorlng to get patents through the
General Land Office. In 1886 a change
took place. 1t was during Cleveland's s
first administration when Sparks was
Commissioner of the General Land Office.
In that year Sparks made a ruling that
all OF the land in the ten-mile indemnity
limit, or the additional ten miles on each
side OF the road, was portion of the pub
lie domain and entitled to settlement by
anybody.
The railroad protested, but Sparks re-
nialned firm, and numbers of private par
ties took uD homestead entries on this
land. Up 10 the present time some ,2OJ
people have settled on this land under
the ruling of Commissioner Sparks. They
have taken up sections, or portions Of
sections, claimed by the railroad, and it is
these people and this land that are affected
by the decision of Judge Ross.
PROTESTS OF THE RAILROAD.
J. d. Redding, on behalf of the railroad
company, Kept close track of each per-
son settling on land claimed by the rail-
road, and he lost no time in sending each
one protest against his settlement. At
the same time he filed copy of the pro-
test in the General Land Office. He
sent hundreds OF these protests out for
several years, beginning with 1856, and
while they did not prevent many people
from occupying the land. they served the
double purpose of frightening others
away and OF making those who did settle
realize that at some day their title would
be subject to litigation.
Two years ago Attorney Redding, act
ing on the advice of Mr. HUNTINGTON
wrote letter to about sixty of the most
prominent of the settlers. He frankly
told them that the railroad company dis
puted their title; that it wanted the ques-
ton of ownership settled; that it wished
to have the matter adjudicated in court
with as little expense to them as possible.
and that if they would agree to 90 into
court with the railroad the latter would,
in case it won the suit, give them the land
at a nominal cost.
PREPARING THE ST-rr
Mr.. Redding's proposition was ac-
quiesced in by the settlers who received
his letter, and that is how the case came
before Judge Ross. The settlers en-
ployed Judge Wallace Of Visalfa. joseph
II. Call of the General Land Office. and
about thirty attorneys of Los Angeles
The attorneys for the settlers rested their
case on the ruling OF Commissioner
Sparks that the ten-mile indemnity limit
granted the railroad was a part of the
public domain, and therefore open to set
tlement. They had settled on the land
and had obtained patents for their en-
tries, which in their opinion was COM
plete estoppel of the railroads claim.
The railroad took the ground that as all
of the odd sections in the indemnity
limit were necessary to make up the
losses within the original ten miles on
each side Of the road no one else had a
right to any of the former land 1t con-
sidered Commissioner Sparks ruling iIIe-
gal. and asked the court TO set il aside
and give the company the legal title to all
of the odd sections within the indemnity
limit.
FOR A NOMINAL PRICE,
Attorney Redding. in speaking about
the matter last evening, said:
.sXN hila I have not as vet Saap Iud-o