The herald., 1893-08-05

wished to have the matter adjudicated
in court with as little expense to them
as possible, and that II they would
agree to 20 into court with the railroad,
the latter would. in case IT won thu nit,
give them the land at q nominal CO..
Mr.. Redding's proposition was scqui-
esced in by the settlers who received hls
letter, and that is how the case came
before Judge Ross. The settlers en-
ployed Judge Wallace Of Visslia. Joseph
II. Call Of the general land office, and
about 80 attorneys Of Los Angeles. The
ATTORNEYS for the eettlers rested their
case on the ruling OF Commissioner
Sparks that the 1O-rnile indemnity limit
granted the railroad was part OF the
public domain and therefore open to
settlement. They had settled on the
land and had obtained patents for their
entries, which In their opinion was
complete 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 10 miles on
each side of the road no one else had q
right to any OF the former land. 1t con-
sidered Commissioner Sparks' ruling H.
legal, and asked the court to set it aside
and restore to the railroad the legal
title to all the odd sections within the
indemnity limit.
ATTORNEY AND CORPORATION.
Besides the promise Of the inspired
letter. there was a grain Of comfort in
the news that deprived these settlers Of
their homes, for Attorney Joseph d.
Redding for the railroad, when inter-
viewed about the decision, made this
statements:
II will say, however, that Mr.. Hunt
ington has no desire to dispossess them
OF their land. He lie willing to let them
have II at nominal price. He does not
want the railroad to make any profit out
of such railroad lands. All Of the land
grant is bonded as an asset OF the rail-
road. He is willing to sell each section
for sum that bears q general proper
tion to the whole bond on all OF the
land. Such proportionate sum will be
a trivial price per acre. probably 80
cents or 81. There may be 200, 600 acres
affected by the decision, but cannot
tell exactly what the acreage amounts
to-"
But chat was Mr.. Redding's state
ment, not the railroads. his
On tie day of the publication John
8. Macintosh, who holds patent for q
quarter section of land, wanted to settle
1t and SO visited tine land department Of
the Southern Pacific. He was willing to
pay so cents or 81 an acre and be
through with his land troubles.
''They civilly told me, :" said Mr.. Mac
Intosh, "that I would have to wait until
the company's graders, or appraisers
visited my holding and decided what it
was worth. They would not put price
on 1t now"
Mr.. Macintosh, like the other settlers,
has been paying taxes on his place for
years. 4e
SUITS AGAINST THEM AIh.sssa
The settlers OF Fresno county have
paid out lot Of money to get water on
their land. Within year or go the
canal system will have improved their
ranches 30 that they will be worth $50
an acre, and what they want to know is
whether the railroad Is going TO wait
until that time comes and then hold the
land at the enhsnced figure. Meanwhile
the railroad is proceeding against the
settlers one by one in the Los Angeles
c0u<ts. y "a
The case on which Judge Ross rem.
dered his decision will be appealed. but
1t will be long time before the su.
preme court reaches it, and in the mean
time the exasperated settlers are 10 q
bad way. They dare not let SO of their
holdings while the least hope remains
that they may retain them, but they
hesitate with Judge Ross's adverse deci-
sion against them about, doing, any
work on ths farms. They cannot affofd
the expense ofo much .litiaation,i cyet
every one has to go eto, Los Angeles and
answer the complaint of the railroad,
which doesnotCHsin Dfor9 the fnaf deci-
sion, but presses pressseeFstithe thhe spit againstleyssy
one. - iA@"
Macintosh has received his summeds
already and is commanded to appear in
court in Los Angeles under pain OF
judgment being entered against him by
default. t..si-sro ava-3
Altogether it is a sorry outlook for the
settlers to the. north OF the railroads
Huron branch. assg.,