The herald., 1894-06-26
RAILROAD LAND GRANT CASE,
A Vast Area to Be Opened for
Settlement.
Decision of Judge Ross Against the
Railway.
The aovernment's Title Now Fully Es-
vablished-7OO,OOO Acres In
esIvsd - An Import
ant Case.

By an opinion rendered by Judge
yesterday. 100000 acres of land. for
merly claimed by the Southern Pacific
Railway company, and lying along that
line in this and Ventura counties, will
be thrown open to settlement. The suit
involving this vast area was brought by
the government against the railway
company to establish the governments
title to it. TWAS claimed by the rail-
way under congressional grants secured
At various times by acts of congress.
The opinion delivered by Judge Ross
10 as follows:
This is suit in equity brought by the
United States. the chief object OF which
10 the establishment of the alleged title
of the government TO about 100000
acres Of land situated in Los Angeles
and Ventura counties OF this state, des-
ignated. according to the public survey 8
OF the United States, as odd mum bered
sections, and lying within the primary
or 20 mile limit of the grant of July 27,
1865, made by congress to the Atlantic
and Pacific Railroad company, ard also
within the primary limits of the subse
quent grant OF March 3, 1871, made by
congress to the Southern Pacific Rail
road company, and which lands are
claimed by the last named com pany and
those holding under it by virtue OF it's
grant. For nearly 100000 acres Of these
lands the United States subsequently
issued its patents to the Southern Pa
cifc Railroad company. large part of
which land, so patented, that company
conveyed, for valuable consideration, to
third persons, all OF which patents and
some of which conveyances were executed
prior to the institution of the suit. The
Southern Pacific company also con-
tracted in writing with various other
persons to convey to them, severally,
ssher portions of said patented lands,
and still other OF said lands embraced
within tue limits of its grant. These
persons are also made parties defendant
to the bill, the objects OF which include
the annulling of the said patents and
the quieting OF the complainant's al
legged title to the whole OF the lands en-
braced by the suit. The bill also makes
parties defendant d. O. Mills, Garritt
L. Lansing and Lloyd Tevis. as trustees
Of certain mortgages executed by the
Il
on the lands covered by its grant. to se-
cure the payment of certain bonds is
sued by il.
BY the first eection of the act OF July
q, 1866, GA Stats, 202) congress incor-
porated the Atlantic & Pacific Railroad
company, and authorized it to construct
and operate railroad from point near
the town OF Springfield. in the state of
Missouri, westward through Albu-
querqne, ,aad thence along the 35th paral-
lei oil latitude, as near as may be found
most suitable for q railroad route to the
Colorado river at such point as may be
selected by such company for crossing !;
thence by the most practicable and eligi-
BILE route to the Pacific ocean.
To aid in the construction of the road,
there WAS granted to the Atlantic & Pa
cific company, by the 3rd section of the
act, every alternate section of public
land not mineral, designated by odd
numbers, to the amount of 10 sections
on each side OF the road wherever it
passes through a state, land whenever
on the line thereof the United States
have full title not reserved, sold, grant
ed, or otherwise appropriated, and free
from pre-emption or other claims or
rights at the time the line OF said road
40 oObAbhotOd OJ piat tuclCOl llcu III
the Office OF the commissioner of the
general land Office; and whenever"
etc.
The 18th section OF the act provided as
follows
That the Southern Pacific railroad, a
company Incorporated under the laws of
the state of California, is hereby author
lied to connect with the said Atlantic
and Pacific railroad formed under this
act, at such point near the boundary
line OF the state of California as they
shall deem most suitable for railroad
line to San Francisco, and ehall nave q
uniform gauge and rate OF freight or fare
with said road; and, in consideration
thereof, to aid in its construction, snail
have the same grants OF land, subject to
oil the conditions and limitations herein
provided, and shall be required to con-
struct it's road under the like regulations
as 20 time and manner with the Atlantic
and Pacific railroad herein provided
tor."
On March 8, 1871, congress passed an
act entitled "An act to incorporate the
Texas Pacific Railroad company, and to
aid in the construction of its road, and
for other purposes" (16 Stats, 573.