The herald., 1894-02-01
THE SOUTHERN PACIFIC SUED.
A Million Acres of Desert Land
Involved.
The Government Asks to Reclaim a
Vast Area.
A Portion of tho Old Texas Pacific
Grant In DIspute-The Allega-
lions in the Complaint
Set Forth.

An important suit was instituted in
the United States circuit court yester-
day. The action is entitled the United
States, plaintiff, against the Southern
Pacific company, D. o. Mills and Gerritt
L. Lansing, trustees, Central Trust COM
pany of New York, the Southern Pacific
Railway company of Kentucky and the
Colorado River Irrigation company, de-
PENDANTS.
The suit was brought by United States
District Attorney George J. Denis en- be-
half Of the government. and was insti-
tuted to recover full possession, claim
and right to upwards OF l 600, 900 acres OF
land, a portion of which lies along the
Southern Pacific railway from Banning
to Yuma. Another portion of the land
in dispute is a strip of the old Texas
Pacific grant, extending from San Diego
along the Mexican line to Yuma. 1t is
80 or 40 miles wide and $50 long. the
whole approximately amour ting to
1900, 900 acres.
The land is mostly desert and appar-
emily worthless. The complainant
alleges a valuation of $4,000.
The first allegation of the complaint
is to the effect that by an act of con-
gress approved March 3, 1871, entitled
can Act to incorporate the Texas Pa
citic Railway Company, to aid in the
construction of its road, and for other
purposes" the Texas Pacific Railway
company was incorporated, and there
WAS also granted to the company to aid
in the construction of the road, large
amount OF land in California and other
states and territories.
The Texas Pacific Railway company
duly accepted the grant and designated
upon plot or map the whole of the
general line of route from Marshall,
Tex, by way of the points and places
named in such act, to San Diego, CAL,
to ships channel in the BAY OF San
Diego.
The provision was as follows: That
for the purpose of connecting the Texas
Pacific railroad with the city OF San
Francisco, the Southern Pacific Railway
company Ut California is hereby
authorized to construct q line of rail
way from point at or near Tehachipe
pass, by way of Los Angeles, to the
Texas Pacific at or near the Colorado
river. with the same rights, grants and
privileges granted the Southern Pacific
Railway company of California by the
act of July q, 1866; provided this sec
tion shall in no way affect the present
or prospective rights of the Atlantic and
Pacific Railway company, or other rail-
way companies.
The bill alleges that the Texas Pacific
did not, within the time or manner re-
quired by the act of congress nor at all,
construct the railroad or telegraph line,
after which the lands were restored to
the public domain by act of congress,
1885.
1t is further alleged that none of the
lands were granted to the Southern
Pacific Railway company, and are still
owned by thu United States.
Since the defendants claim an interest
in the vast amount OF land, and are I'M
lawfully removing from the lands wood,
coal, timber and mineral, the govern
ment asks to enjoin them from further
use of the lands and its products, and to
release all rights and claims to the
property in dispute.