The herald., 1893-08-06
WILL NOT BE THROWN OUT,
The Southern Pacific Will Treat
the Settlers Fairly.
Fresno and Tulare County Ranchers
Have Nothing to Fear.
The Company, 1t Is Learned from Re-
liable Source, win Not Act Hasti-
ly-The Land VIII BE Sold
co Settlers Very Low.

co Settlers Very Low.
The HERALD yesterday copied a two
column article from the Examiner o
the Sd to the effect that 1900 settlers in
Fresno and Tulare counties had lost
their homes and ell their improvements
by the recent decision of Judge Ross
From q reading OF the article it would
seem that the ranchers in that vicinity
are absolutely at the mercy of the rail
road, and even his household goods and
gods are apt to be confiscated by the
Southern Pacific OF Kentucky.
A HERALD reporter yesterday discus
sed with q we'll informed person the
probable outcome in those counties in
those counties in the event the railroad
was finally decreed to own the land.
The HERALD's informant, as he
fondled copy of the Examiner
giving a highly-colored account of the
affair, said: sit is patent on
its face that the entire article was in
spired by some squatter who had prob
ably been eubpenaed to appear in the
circuit court in Los Angeles. Having
failed to win their cases in the courts,
the diegruntlsd ones now seek to prey
on the anti-corporation prejudices OF
those who are unacquainted with the
facts, and 40 resort to the newspapers
with distorted stories to help their
cause"
"But how about the settlers who have
lived on their holdings tor years, made
ka ond hold
United States patents for these same
lands ?" quired the reporter.
Eyes, was just coming to that point.
You see there are two sides to this ques-
tion.
"Within one week of the time the
settler fled his preliminary papers in
the local land Office, he was notified by
the railroad in writing that it was en-
titled to all the odd sections in the To-
mile indemnity belt by an act of con-
gress passed away back in the Cos;
that the railroad then claimed such
lands and warned all settlers that sooner
or later it would contest their titles. So
you see the settler went into this thing
with his eyes open and at that time it
could not be said he had lived many
years on the land or had government
patent to it.
"The great mass of people settling on
the odd sections took warning from the
railroad, and either recognized their
rights and purchased from the company
or else moved off the land altogether.
Only about three or four hundred OF
them remained and contested the rail-
roads title, with the well known re-
suit"
"Hew is it that the United States
government granted patents to these
homesteaders, when according to your
story congress granted these same lands
to the railroad many years before?
What relief has the settler, and from
whom must he obtain it? That ia what
the average person would like to know"
81 can only account for it on the
theory that the local land officer,
(backed by the general land Office in
Washington), favored the settler, and
they acted on the assumption that the
railroad was not actually entitled to
such indemnity lands, until selection
and approval, and that, too, right in the
teeth of numerous decisions by by the
United States supreme court that the
railroad was entitled to all odd sections
in the indemnity belt, and that
such lands were reserved to it and the
railroads rights attached as soon as each
mile of road was built opposite the land
In controversy, and the constructed
parts of such roads approved and &C.
cepted by the government.
SIN other words, it was simply the
blunder of the land department of the
that has brought about all
this trouble and the government will no
doubt indemnify the settlers by refund
ing their money.
"All these lands of the Southern Pa.
cific have been conveyed to trustees and
bonded, but the railroad will surely not
be 90 blind to its own interests as to re-
fuse to sell to the settlers at q small
price per acre. In fact, it has already
announced its policy to sell to those now
on these disputed lands at from 80
cents to S1.50 per acre. The man spoken
of in the Examiner as wanting to buy
his land from Jerome Madden, the land
with a subpoena by the United States
marshal to appear in court in Los An
geles, was of course refused, because the
matter having been referred by the land
department to the law department for
adjustment, he could not tell at once
what the accrued coets were; or it may
be, that the land never having been ap-
praised by the field agents of the COM
pany, by reason of being in the adverse
possession of the settlers, Mr.. Madden
could not tell whether or not it was
worth rs cents or So per acre.
''You might also say that the railroad
has not got host of Unitsd States mar
ehals in that country to evict or annoy
settlers. The marshal for this district
generally assigns one of his men to serve
railroad papers and that is all.
"Such has been the policy OF the
marshal's Office ever since the southern
district was formed, and it has never
been changed. That is sll."
Nature Demands Tonic.
We ought never to forget, even those of US
who possess vigorous health. that we are wear
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