The morning call., 1894-01-06
Is A PLAIN DUTY.
All Settlers Must Be
Defended.
ALLOWED TO ENTER LAND.
1t Is the Governments Province
to Prove Their Title.
ALLOWED TO ENTER LAM
HoKE SMITH WRITES A LETTER.
Setting Forth the Rights of the
Southern Pacific as to lndem.
nifty Withdrawals.

WASHINGTON. Jan. 5-Secretary of the
Interior Hoke Smith has written the fol-
low ing letter to the chairman of the House
Judiciary Committee, bearing on the
Southern California land settlers eases:
SIR am in receipt. through reference
by your committee. Of the House resolu-
ton authorizing and directing the AttOr-
ney-General to appear for settlers in the
Uniten States courts in the case of the
Southern Pacific Railroad Company VS..
certain settlers on public lands in Califor-
MIA Il Is presumed that the resolution is
based on the judgment rendered In the
District Court al Los Angeles on July "a
last, in the case of the Southern Pa ifc
Railroad Company VS.. Jual c. AralZa
holding in effect that selection was not
necessary to the attachment of rights
under the grant claimed by said company
to lands within the immediate grant
limits. In August, 1887, Secretary Lamar
with the approval OF the President re-
voked all previous existing orders with
drawing indemnity lands on account OF the
grant for this and other railroad COM
panies, and all lands within such limits
not covered by pending or approved selec-
zion were ordered restored to settlement
and entry after due notice by public adver-
tisement. From that time 10 this il has
been the uniform ruling OF the de-
partment that as TO lands within
the immediate limits of grants the
question was one of diligence between the
company and intending settlers, the land
being held subject to settlement and entry
until duly selected in the manner pre-
scribed by the regu atons of this depart
ment. Under these rulings many thou
sands Of acres of land within the indemnity
limits, em bracing odd numbered sections.
have been disposed OF under the settlement
laws without regard to any claimed rights
under the grant selection having been
made of the same prior to the allowance of
such entries.
SHOULD said decision of the court be sus-
tanned, it would affect hundr eds of thou
sands of acres Of land disposed of under
the rulings of the department before re-
cited within the indemnity limits OF this
and other grants made to aid in cOnstruc-
ton of railroads. The lands involved IN the
AraiZa case had been selected by the COM
pany as early as May, 1885, before the
revocation Of Indemnity Withdrawals, but
she was allowed TO complete her entry
for the tract on the ground that it was
shown that this land was an exception
from the indemnity withdrawal and tina,
her settlement antedated the company's
selection.
These facts do not appear in the de-
cision OF the case. but the court by decid-
ing the broad question as to the rights of
the company generally TO lands within its
indemnity limits has held in effect that no
rights could be acquired by settlement
made after said revocation Of these with
drawals, even though no selection had
been made prior to the revocation.
Il concur in the opinion of the General
Land Office that it is the plain duty of the
Uniied States to defend those settlers,
where claims have been recognized by the
United States to lands within the indem-
nifty limits, against harassment by the
railroad companies.
II might add, however, that any cues
ton as to the propriety of the proposed
action in the matter of the Intervention of
the United States in defense of existing
suits would seem to be matter coming
more properly within the province of the
duties imposed upon the Department of
Justice. TO which the proposed resolution
might with prOpriety be referred, this
department having no information as to
the force or appropriation at the disposal
of said department, or other objections
that might arise in CARRYING out the pro-
posed action. Very respectfully.
"HoKE SMITH, Secretary"