The morning call., 1893-12-16
ANOTHER TICKET AGENT FINED.


number of the persons holding Govern
ment patents to the land In question to
enter protest against some of the asser-
lions therein made.
The circular referred to is as follows:
The United States courts having decided that
= railroad lands within indemnity limits
served from settlement and entry, and that the
issue Of patents for them to settlers is contrary TO
law. many persons who entered upon indemnity
lands belonging 10 the Southern Pacific Railroad
Company and TO whom patents for them were
enormously issued. have represented to the
company that in settling upon them they were
m1sled by bad advice based upon incorrect
rulings OF the Interior Department, and that IN
the belief the title given by the Govern
and mOney to 6OHn T the lands and theg
ask in consideration OF all the circumstances under
Whlch they made settlement that the company
sen these lands to them at prices less than their
The company realizing the hardship to these
settlers caused by the action OF the Land Depart
ment of the United States ia inviting them to
settle upon and enter lands previously granted
BY Ine Government after considering the matter
Carefully, has concluded 20 comply with the
urgent requests of the settlers, and will sell to
them at low prices the lands Improperly patented
to themor on which they have made filings in the
United States Land Ordces. such prices to be
twenty-five per cent 90 per cent? below the
graded value of the land. except that no land will
lie sold for less than two dollars (S2) per acre,
and IN nXtng such graded value the company Will,
as ithas always done, exclude any value resulting
from their settlement ana improvement
1t must be understood that this concession ap-
plies only 10 those LANDS which were filed upon in
The United States Land Ofices prior to July "a.
1893, and that the privilege OF purchasing at
the rates mentioned cannot be allowed TO remain
open indefinitely, those who desire TO avail them
selves of 1t should within ninety 900 days from
date hereof address letter to this ONCE stating
what tracts they desire 10 buy and giving particu
lars as 10 their settlement. filing, patents, etc.
John Daw, manager of Kennedy 81 Co.'S
store. at Fifth and Market streets. said
yesterday that the circular was simply
bluff on the part OF the railroad company
to frighten the settlers into settlement.
In the first place." Mr.. Daw said. ''the
circular states that settlers have made rep
RESERVATIONS to the railroad company that
they we're 'misled by bad ADVICE and
thus caused to take out their patents from
the G0vernmeD and are seeking to secure
the lands from the railroad company at
concession in view of this fact Now, l
dOn't believe any settler has ever ap-
preached the railroad company with a
proposition of this kind. Why should he?
Fhe settlers took out their patents in
good faith, have in a great many cases
made valuable improvements upon the
land, snl< there is anything wrong with
tsSeIfitie thereto il is the fault of the Gov
eminent and not of the settlers.
MIR Maqden's circular also states that
the United States courts have decided
these cases in favor OF the railroad. Now
the only basis that the gentleman has for
this assertion is the decision OF Judge Ross
:
against woman named Aresa. That de-
cislon has not settled the matter finally by
any means. and IN fact only had partial
Beating upon the generality Of the cases,
anyhow. Furthermore, the decisions OF
Judges Field and Sawyer in exactly par
alie cases are dlametrially opposed TO that
of Judge Ross, and the latter gentleman
said when his attention was called To this
fact, that he wished be had known OF the
matter before his decision WAS rendered.
"Our contention is that the Government
il the proper party TO take the initiative 10
the final settlement of these cases, AID
our efforts are now directed toward lnffu-
encing Congress TO pass law providing
for the emergency presented.
1--WE were informed when Mr.. Hunting
tons famous letter was made public that
these lands were to be sold TO the settlers
ats cents, 81 and 81 % per acre. but l see
from Mr.. Maddeu'S circular thatthey have
q gone up in price and are not to be sold at
less Than 81 an acre.
"When the title of these lands has been
given to the railroad by the Su RENE Court
Of tie United States il will be time
enough then for US TO talk of settling with
that company. When such action l. taken
wa shall naturally look to the Government
for rel ara ion.
"The actual cost of these lands forms a
very small fractional part of cir value.
The improvements made on them in nearly
every instance have materially increased
their value. Mr.. Madden's circular states
in this connection that iD fixing the valua-
ton of The land for sposal to settlers any
increase resulting from their settlement
and Improvement will be excluded. This
is simply thrown out as an nducement to
THE settlers, and looks very magnanimOus
on its face, but it certainly seems only
equitable that the settlers should by right
be en- titled to the benefits of improvements
made by their own hand DIS and labor"
= j. S. Mcintosh, who is also one of the
owners of land in the district in contro-
Yersy, says thai "the settlers have paid
tnelr assessments, taxes. etc., on these
lands. but if the railroad ia entitled to them
let them 20. We are not fighting the rail-
road. But if the railroad is legal owner #
these properties isn't it proper and right
that The Government should rsiml urse @
persons to whom 1t sold this property OF
their trouble, improvements made, etc. Pr
There are two cases now III the Su-
preme Court" said the same gentleman,
tome of which is due for hearing now
and which will have a direct bearing upon
the trouble and possibly settle it for ali
=. time to came. Uutll this is done not one
of the Sc tiers will be found willing to pay
the railroad company one cent"
Railroad Notes.
: A. w. Myer. one of The agents of the
Santa Fe in his city, is the latest con-
tributor to the treasury Of the local pass
eIiger association. He was found gully
yesterday of violating the agreement Oh
five different counts. and in each case was
- assessed S25. or S125 in all.
The Metropo itan electric line is putting
q. on some new cars, and several of them
were delivered yesterday.
Charles II. Breen, travelling auditor Of
tire S.. Louis and San Francisco road, is in
the city.
The Southern Pac fc is again accepting
business from the Great Northern line by
c.: way of Sioux City and the Union Pacific
at present, but the same privileges Will
probably be extended via the Sha Ia route
after the meeting of the Western Passen-
ger Association in Chicago on January q.
All of the roads which General Passen-
ger Agent Go oman has heard from are IN
favor of extending the time limit In the
Midwnter Fair tickets from April 80 10
june 80.
The re is cally no eastbound travel
at present On Thursday morning train
left the city over the Southern Pacific with
bat FIVE passengers On board-three first
class and two second-class.