The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-09-21
OLNEY SHYLY COY.
No Desire to Fight the
Southern Pacific.
LET THE SETTLERS BATTLE
If They Hold Land Under United
States Patent.
BOWERS WANTS AN ORDER MADE
An Effort to Compel CleveIaud's
Attorney-GeneraI to Quiet Titles
Passed by the Government.

WASHINGTON, Sept. 2O.-Mr. Bowers has
presented to Congress lengthy petition
from seventy settlers living in Fresno aud
other Southern California counties, recit-
ing that the Southern Pacific Railroad
Company has instituted suits in equity in
the Circuit Court of the United States for
the Southern District of California against
them and 600 or 700 other settlers to obtain
decree thatlthe title conveyed by Govern
ment patents TO them is held In trust for the
company, and that the lands embraced in
the patents be conveyed to it by the pat
entee named in each of said suits. The
ground upon which these suits are based
is: That the lands embraced in patents.
being within the indemnify limits or lieu
lands they were. by act of Congress of 1866,
reserved and withdrawn from the market
and from subsequent preemptioa. .Occupti0n
and entry for the exclusive benefit of the
railroad company, and have ever since re-
malned so reserved and Withdrawn, al
though not selected by that company, as
appears from its complaint, until March,
1891, period of twenty-four years subse-
quent to said order Of withdrawal.
1t is alleged in the complaint that the
local Land Office at Visalia, Cal, has re-
fused to approve the company's selection
of the lands in question and that the Com
missioner of the General Land Office, the
Secretary of the Interior and the Presi-
dent of the United States, although re-
peatedy applied to therefor. have refused
to issue patents to the company for said
lands.
The settlers ask that Congress take such
action as will definitely esta blish the legal
rights of the railroad and the settlers as to
7, Ion d. -
geSt the passage OF an act or joint resolu-
tiOn instructing and authorizing the Law
Department of the Government 10 take i'm
mediate steps. by test case or otherwise, to
obtain decision from the Supreme Court
of the United States, and also providing
for the appointment by the Government
of special and competent counsel to repre-
sent the settlers at the hearing of the case,
and further that in thesgttsFFFtt the co
decision should be adverse to the settlers
full indemnity be granted them.
Mr.. Bowers introduced a resolution a
| few days ago calling on the Attorney
| General for information in this matter.
and Olney has in reply sent the following
letter to Chairman McRae of the Public
Lands Committee. Bowers had been try
ing to get the Department of Justice to
defend the title of the settlers.
The Attorney General says: 81 here
with return the petition of jerome A.
Allen and seventy-six others, also the reso
luton offered by Mr.. Bowers of Califor-
MIA. Though it would be inferred from
the tenor of the resolution that the suits
referred to were brought not merely
against the holders CT United States pat
ents, but against the owners or occupiers
of land claiming by some other title. the
petition apparently only relates TO pat
entees. Assuming the suits in question to
be against parties claiming solely bv virtue
of United States patents, there is no au-
thority in this department to assume the
defense OF such suits under the existing
laws"
Bowers has now introduced resolution
as follows: Resolved. BY the Senate and
House of Representatives of the United
States of America, in Congress assembled,
that ths Attorney General of the United
States is hereby authorized and directed
to appear for said settlers in this action at
law to show what title the United States
had to these lands and bv what right they
were sold TO said settlers"
The resolution was referred to the Ju-
dietary Committee.