The herald., 1895-02-28
Huntington Battling for Acres
in Southern California
HISTORY OF A FAMOUS SUIT
A Case on Appeal From Judge Ross
Decision Being Heard
The Lower Court Decided That Thousands of
Acres Of Land Claimed by the Railroad
Belongs to UneIe Sam

San Francisco, Feb. 27.--The famous
sui of the United States Government
against the Southern Pacific Railroad
Company, which involves the title OF
thousands of acres OF land in Southern
California, is being argued before Judges
Gilbert, knowels and Bellinger in the
United States Court of Appeals. Because
of the importance of the suit, the court
has decided to give the attorneys in the
case two days in which to argue the case.
This is something unusual in this court,
as the time usually allowed for argument
is two hours.
This case is an appeal by the Southern
Pacific from the judgment of Judge Ross,
who decided some time ago that the land
involved belonged to the United States.
This suit was brought before Judge
Ross in 1890, and as stated in the dis
patch, was decided in favor of the Gov
ernment.. Some 5000, 600 acres of land in
Kern, Los Angeles, San Bernardno and
Ventura counties are involved.
This immense tract of land was granted
to the Atlantic and Pacific Railway Com
pany. 1t YVES forfeited when that COM
pany failed to complete its contract with
the Government. The Southern Pacific
Railroad Company of Kentucky COM
pleted the Atlantic and Pacific road and
claimed the land, which was designated
as every odd section in a thirty-mile limit
of the right of way OF the Atlantic and
Pacific, excepting the sections already
decided to settlers by the Government.
By an act of Congress on March 3, 1887,
the whole grant was declared forfeited,
but the Southern Pacific kept on deed
ing land to purchasers. Thousands OF
suits have been brought by the settlers
against the Southern Pacific Company,
and large number were brought by the
Government against the company.
When ZACH Montgomery, now an at
torney of this city, was assistant attorney
general, he rendered an opinion in these
cases against the railroad, and to the ef-
feet that the Southern Pacific Railroad of
Kentucky is not corporation and there
fore cannot acquire land. This opinion
was suppressed.
AS sample of Southern Pacific meth
DDS it is shown in hundreds of instances
where the settlers bringing suits against
the company live in Kern and Fresno
| counties, they pay more in railroad fares
to the Southern Pacific than their claims
are worth before the cases are even heard.
They are compelled to come to this city
when their case is called bringing lot of
witnesses. On some trifiing technicality
the Southern Pacific Company's attorneys
succeed in getting the case set over, and
the plaintiff is out his railroad fares and
witness fees.
Another sample of Southern Pacific
methods is seen in the way the operators
of the company have of avoiding taxes.
| Not cent of taxes is paid on these three
million acres Of land. The company, makes
a contract with the cattleman who owns
the even sections, and the whole range is
| fenced up. Should the Assessor happen to
get after this man, he merely shows this
| contract. This let's him out of the tax.
| The decision to be rendered by the Court
} of Appeals will greatly effect Southern
California, and is anxiously awaited.