The herald., 1894-05-19
SOUTHERN LAND CASES.
THE LAW on RAILROAD GRANTS
PLAINLY STATED.
when Settlers May Secure a Rebate.
The Acting Comnissionsr Writes
Letter to Congressman
Bowers.

In response to letter Of inquiry sent
by Congressman Bowers of Califor
mia. he has received the following COM
municstion from his nsmesske, Edwar d
A. Bowers of the land Office. The letter
will be read with interest by large
number of persons whose interests are
involved in Southern California lands:
"SIR Il am in receipt of yours of
May 9th, inclosing several letters from
attorneys relative to the repayment OF
double minimum excess on certain lands
in California Withdrawn for railroad
purposes. and in reply there have the
honor to advise you that from an exam
instion of the records l find that undor
the act of July q. 1866, the Atlantic and
Pacific company filei maps OF thsir con-
tenn o. lated road from San Francisco to San
Buenaventura, Cal, which maps were
approved by the department April ",
1872, and November 20, 1874, and the
odd .numbe sections within its limits
we're withdrawn from sale or entry, and
the even sections were thereby enhanced
81. so per acre.
Under date of March %. 1885, Secre-
tary Lamar revoked the orders of with
drawal Of the. lands mentioned in the
orders of April %, 1872, and November
%, 1874 for the reason that by the
terms OF the grant the terminus OF the
road was fixed at point on the Pacific
coaet, when the same was reached by
the route selected by the company and
approved by the secretary of the inte-
rior. Hence there was no authority In
the department to accept maps OF def.
mite location showing an extension OF
the road beyond such point; therefore
the withdrawal made in accordance with
such maps for the road as located be.
tween San Francisco and San Buenaven-
tura is vacated and the land returned to
the public domain
"rhe act OF July 81, 1866, also granted
lands to the Southern Pacific Railroad
company 10 construct a railroad TO con-
meet the Atlantic and Pacific railroad at
such point near the boundary line oil
California, to San Francisco. Part OF
the lands withdrawn for the Southe IN
Pacific Railroad company were in the
overlapping limit OF withdrawal for the
Atlantic and Pacific railroad. The re-
vocation of the withdrawal OF the land
for the benefit of the Atlantic and Pa
cifc Railroad company did not affect
lands within the limits of the Southern
Pacific company.
"a large number of entries were made
upon lands within the limits of the
Atlantic and Pacific grant prior to the
order OF Secretary Lamar re, oking the
withdrawal OF the lands, and where par
ties have paid $3.50 per acre for their
land. when said land is found to be out
side of the grant OF the Southern Pacific
railroad, repayment of $l.25 per acre is
refunded under ths act Of June Is, 1880.
There have been a number of claims re-
paid under said act of June Is, 1880,
upon said lands formerly within the
limits of the grant to the Atlantic and
Pacific railroad. The Southern Pacific
company did not construct its road from
Las Pinas to AlcAlde, and consequently,
under the fourth section OF the act OF
March 2 1899, all vacant government
lands between said points were reduced
to sI.25 per acre.
by an act of September 20. 1890 (26
Stats, 1897, the grant to the Southern
Pacific RAILROAD between said points WAS
forfeited to the United States. When
parties paid SO so per acre for land
within the limit of the grant to the
Southern Pacific prior to the act of
March 2, 1889. between Las Pinas and
Alcalde there is no law by which 81 70
per acre can be refunded, but when par
ties paid $3.50 per acre after the act of
March 3, 1889, repayment OF $1.25 per
acre can be made under the act of June
Is, 1889"
(Signed.) EDWARD A. BOWERS,
Acting Commissioner OF the Land Or
fro