Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1894-06-30
BIC CASE.
Judge Ross Decision on the A.
4 7. Land Grant.
UNCLE SAM WINS.

tlnk IN tnt luNfSl SlaNtt lFthN NNul D
has handed down AN opinion in the ca,
Il the United states w the Southern Pa.
clhc Railroad company. IN which the nat- .
ter un,i-r controversy WAS about 7OO,OoO
Acr-. ~ land claimed Wy the railroad
under congrcrriunal grants, The opinion
dnds fnr tue plaintiff This gives the
government this immense amount II land
Winch will he thrown open Ia settlers
~" all other government land The
opinion states that this II = suit In equity
brought uy the United States, the chief
object IL whrrh IN the establishment ~
about 100000 acres Il land situated IN
i,nr Angeles AMI Ventura counties. II this
state, ,lrsigua,ei, according To- the public
surveys IL the United States. as sid mum.
b-r,-i SECTIONS. AMI lying within the
primary ~ twenty mile limit ~ tue gran,
1T July ~, lSid, mate by Cnugrcas IA the
Atlantic n Pacific Railroad company, and
also within the primary limits IL the sub
s,uurn, grant ~ Marrh 3, 1874, mad. 10y
rrugrr-s in TIA" southern Pacific Railr,ad
company, and which lands arr claimed 10y
the last named company AMI those hold.
INK under II. 10y vlrtn" IT iis grant For
nearly l1.o0O acres II thrs. lands the
| Cuned Statcs subsequently issued tie
! patents tu the southern Pacific Railroad
company, large part u which land,
- patented. that company conveyed for
valuable consideration. H. thiri persons
a. ( whirh patents and some " which
convey An,cs were executed prior Ia the
institution e thiH suit The Southern Pa
,n, company also contracted III writing
~rn various other prr-nns Ia convey
J t. them, rrvrrally. other portions
b Of -nd patented lands. aud still other IL
sand AuiS rmhrarrd within the limits of
it, grant Thee" prrr"ns Als" made
parties dr'rulau, To- the hill. the objects
81 which includes the nuuulung 81 the
SAID patents and TIA" uulrtlng II the
ol ia" lands embraced toy ia" suit The
h,lI Hl-u makes parties defendant u q.
Mills, TArriu l. Lansing and lloyd Trvis
-, uus'"-- II certain mortgages executed
h, ia" Nuuthrru i'aritc ralir'ad company
upou ia, lands covered 10y l,s grant. Ia
-''.urr the paymrut Il certain bounds
issued t.! II.
rhr "ptninu then given eoes IN to stat.
the Incorporation uf the Atlantic and
Pacific Railroad, and the grants of II by
tho gu"rrum-nt; tue authorization IL the
connection at the Southern Pacific rail-
rad With the Atlantic and Pacific rail-
~ Il AMI the grants Ia the Same. II
,,rG that II was not the intention oi
Z ugr,rs that the lands granted To the At
-,rrrnIrr,,i ,n the southern Pacific com
p,uy
Judy, Ross iinds that the Atlantic and
pn,ur Rulr"ai never did locate it's line
al ruI from the Colorado river To the Pa
D, ,,lr ur-an, hu, hnds tina, II Is not essen
,,,l Ia ia" governments case that II
-h"uh have located its line, The dc.
f,ns" then stated
while, up Ia III. time II the with.
drawal for the bench, ~ tn. southerS
Pacific company and for nearly one veal
: thereafter the Atlantic and Pacific company
hh not hled any msp indicating its line
ul RAJ between the Colorado river and
: the Pa, NE ocesn, st,ll when IL did do y,
IN INI2, hy maps showing. II not the de-
tuat- location uf it's line, at least its gen.
rrai route (ts RIGHT under It's grant being
! a. drurlri 10y the supreme court, who'll }
Unaffected 10y the subsequent grant to th,
b. ia. Southern Pacific company and con
; squrntiy by the procsvdings had ant
, taken tliereun,ier) the law itself operate,
tn withdraw all public lands within th,
, llmits IL the grant Ia the Atlantic an,
! Pacific company tor the beoedt ~ TIN
. grantee, Aud the rights Of that compAn,
! continuing, as held 10y the supreme cour
until the act Of forfeiture passe,
by congr-s July q, 1855, aud the forfei
D ARE being for the benefit Of the Unitss
states. the necessary result Ia that whsl
D /, occurred the lands were restored W tn
government, and did not pas 10 tn
r Southern Pacific company Or its grantee
! who necessarily took with notice II th
= graatsi for such grants are lava ~ vel
! As contracts. II results, think tina
= there mus, bs dccre for th, govern
m-nt. aud II is 81 oriered"