The herald., 1893-07-27
MILLIONS OF ACRES,
And the Claims Of Twelve
Hundred Settlers
All Concerned in a Decision by
Judge Ross.
The Case of the Southern Pacific vs..
Juana Araiza.
Tho Opinion II on Demurrer, but II IL
Thought That 1t VIM Virtually
Decide the Case, Which
Was Test One.

Judge Ross has rendered decision on
demurrer In the case of the Southern
Pacific company vs.. Jusna Araiza ct al.
which involves the title to enormous
quantities of land, and the holdings OF
about 1900 settlers in Southern Califor-
pia. The amount of land concerned Is
put up in the millions OF acres by par
ties familiar with the case.
The decision, Of course, is only on O
demurrer to'the complaint, but the idea
s that the opinion is 80 complete in it's
bearing on the case as to virtually de-
eide the suit in question, and numerous
others which were brought on the same
basis. A careful psrusal OF the docu-
ment will show all the points In the
Ease. It ia model Of legal reasoning
and is clear and convincing.
The case is that OF the, Southern Pa
,ific company We. Juana @. Araiza, and
The opinion is as follows:
The land In controversy in this suit
having been entered by the defendant
Araiza ~ . homestead, and patent
therefor having been issued to her by
The government, the complainant seeks
10 obtain decree that the title thus
.ohveyed 10 held in trust for It. The
vource of the complainant s.alleged right
rests In congressional grant. Section
% of the act approved March 8, 1871
(16 u. 8. statutes at large, p. $500,
reads: "That for the purpose of con-
Meeting the, Texas Pacific railroad with
The city OF San Francisco, the Southern
Pacific Railroad company OF California
Il hereby authorized (subject to the laws
pf California) to construct line of rail-
road from Q point at or near Tehachapi
pass. by way OF Los Angeles, to the
Cexas Pacific railroad, at or near the
colorado river, with the same rights,
grants and privileges, and subject to
The same limitations, restrictions
% said Southern Pacific Rail-
road company of California by the
pct of July q, 1855; provided, however,
that this section shall in no way affect or
impair the righta, present or prospec.
hive, Of the-Atlantic and Pacific Railroad
rompeny. or any other railroad COM
panY."
By the act of July q, 1865, IA United
States statutes at large, page 1922, the
Southern Pacific Railroad company was
authorized to connect with the Atlantic
and Pacific railroad at such point near
The boundary line oil the state Of Califor-
MIA as they should deem most suitable
ior railroad line to San Francisco, and,
Iubject to certain conditions, exceptions
md Limitations, was granted every
alternate section OF public land, not
mineral, designated by odd numbers, to
The amount Of 10 alternate sections per
mile on each side OF seid road, to which
The United States should have full title,
pot reserved, sold, granted or otherwise
appropriated. and free from pre.emption
sr other claims or rights at the tims
luch road should be designated by plat
thereof filed in the Office Of the commits.
Iioner OF the general land Office; and
where; prior to said time, any OF said
Iections or parts of sections should be
granted, sold, reserved, occupied by
homestead settlers, or pre-empted, or
otherwise disposed OF. the act provided
that other lands should "be selected BY
,aid company in lieu thereof, under the
direction. of the secretary OF the interior,
In alternate sections. and designated by
odd numbers, not moro than 10 miles
beyond the limits Of said alternate sec-
tions and not including the reserved
numbefs." The exceptions contained
In the act are not applicable to the
present case, and need not, therefore be
referred to.
BY the sixth section OF the act of
yuly ~, 1866, 1t was enacted "That the
president of the United States shall
sause the lands to be surveyed for 40
miles in width on both sides of the en-
tire line OF said road, after the general
,oute shall be fixed, and az fast RS may
be required by the construction of said
railroad and the odd sections of land
hereby granted shall not be liable to
lale or entry or presumption, before or
after they are surveyed, extept by said
company, 40 provided in this act but
;he provisions OF the act OF September,
lS41, granting pre-emption righss. and
the acte amendatory thereof. and Of the
lct entitled An act to secure home.
lteads to actual settlers on the public
domain approved May 20, 1862, shall
be, and the same are, hereby extended
to all other lands ON the said line OF said
road when surveyed, except those hereby
granted to said company"
The bill, in which demurreriis inter-
posed, shows upon it's face that the
Southern Pacific company accepted the
grant. complied with the conditions con-
;ajned in it. and in subsequent:acts upon
he subject, and earned the granted
ands. 1t is, among other things, al
leged that between the Sd day OF March,
1871, and the Sd day of April, 1871, ts
engineers actually surveyed and marked
epcn the ground. the line or route OF it's
road from point at or near Tehachipa
Pass, by way OF Los Angeles, to the
Texas Pacific railroad, at or
aear the Colorado river; that
they made typographical map of the
,ountry through which the route ran, on
which the government surveys and the
laid line or route were delineated, 80
shat its exact location appeared thereon.
with reference 40 well to the sections of
public lands as to the towne, counties
md rivers in said region, which map
was. on the Sd day Of April, 1871, filed
With the secretary OF the interior, who
duly accepted the same, and who, on the
lame day, transmitted the map to the
commissioner OF the general land Office,
% be fled in that office, which was done
IN that day; that on the 11th day of
April, 1871, the action of its officers in
fling the map was ratified and approved
~ the board Of directors Of complainant,
md that, on the 2lat Of, April, 1871. the
commissioner OF the general land Office
iransMitteda copy Of the maprto the
Iegister ard receiver Of the land Office at
Los Angeles, in which district Che land
r. ~k~<ss 4. ts.- L~