The record-union., 1893-10-27
THE SETTLERS AND THE RAIL
ROAD COMPANY.


always keep in view that it is better
to give little more than we ought than
to take more than we have any right to
receive" is the philosophic sentence with
which Mr.. Huntington, President of the
Southern Pacific Company. concludes a
letter which we print herewith.
He thereby indicates what are his ideas
of justice; that he prefers to err against
himself and his company than against
another who is at the mercy of his COM
pany. Of course there are not wanting
those who will construe such frank and
manly expression as insincere; but let US
see how the facts put the matter.
Certain lands in the San Joaquin Val
ley were granted to the Southern Pacific
Company by the General Government
under an Act of Congress. Settlers. how
ever, entered upon these lands, some not
innocently, and a department of the Gov
eminent holding the lands to be subject
to entry, confirmed the claim OF the set
tiers and patents issued in many, if not
in all cases.
By this Act the Government of the
United States deliberately said to its citi-
zens, 1.-The Government owns these lands
and has the right to convey them to you,
and receive your money therefor"
But when the matter came before the
- J IL. 81.
pany had the valid title to the lands and
that the Government had none. The
company had borrowed money upon the
tracts as security, for means raised to
construct its railway, and thus others
than the settlers and the company had
become interested in them.
If now there was such a case between
three individuals, the true owner of the
lands in ninety-nine cases out of hun
dred would oust the unhappy settler,
confiscate all his Improvements, and
profit fully by the added value given to
the lands by the farmers labor. The lat
ter in equity, if not in law, would have
his action against his grantor for at least
the sum of money he had paid for land to
which the grantor had no valid title.
But Mr.. Huntington, in behalf OF the
the Southern Pacific Railroad Company,
in which he is a chief owner, proposes a
very different policy, one that does in
finite credit to his heart, and that every
honest and fair man in the land will ap-
plaud. He expresses the wish that there
shall be no advantage taken by the rail-
road company as against these settlers;
that they shall be charged by the COM
pany for the lands only such sum as the
lands were actually worth prior to entry
upon them by the present occupants.
While he expresses the fear that the
Federal Government will not right the
wrong it has done these people, he is ex-
plicit in expression of the desire that the
railroad company shall not add to the
wrong by charging them for the i'm
provements they have made upon the
lands, nor in fixing a price for the acres
shall the company carry into the esti-
mate any new values created by the fact
of the settlement and the environment
due thereto. Indeed, as to those who
went upon the lands innocently, he
would, were it not that the lands are
pledged to secure a debt, favor even
greater nberality.
Mr.. Huntington, with the caution of
the wise business man, suggests that
there should be no action, however, that
will serve as precedent to justify men
going upon lands knowingly without
right, and in anticipation if defeated in
their claim, of remaining unmolested in
their trespass. Yet even here his sense
of justice is so strong as to lead him to
speak as we have quoted in the outset,
that in these transactions between the
railroad and the settlers it is bet
ter to give a little more than ought to
be given than to take more than one is
justified in good conscience and by the
dictates of fair play in receiving.
This act of justice, which will unques-
tionably be consummated as Mr.. Hunt
ington advises, may not receive from
prejudiced press and the unrelenting en-