The herald., 1895-06-25
JUDGE ROSS SUSTAINED
The Lands in Los Angeles, Ventura
and San BernardinO Counties
Doubtless the Most Important Case Tried on
the Coast
The United States Court Of Appeals the
1aeistrom Down Which Disappeared
Princely Realty Hoidng-A
Concise and Accurate
History of the
Case

A dispatch to The Herald, sent from
San Francisco, was received last night
which read:
I'm the suit of the United States gov
eminent against the Southern Pacific
company to obtain possession of zoo, 900
acres Of land in Ventura and Los Angeles
counties, decision against the railroad
was made today by the United States cir
cult court of appeals, The decision
affirms United States Judge Ross opin-
ion"
One of the land grant cases of the gov
eminent against the Southern Pacific
Railroad company, entitled, Southern
Pacific Railroad company. appellant, VS..
United States. as seen Dy the above, was
decided yesterday at San Francisco by
the United States circuit court of appeals
for the Ninth circuit IN favor of the gov
ernment, and affirming the decree of
Judge Ross, who heard the case here.
This case involves some 700.0 900 acres of
land in Los Angeles. Ventura and San
Bernardino counties, and is doubtless the
most important case ever tried on the
Pacific coast both from the value of the
property as well as the Importance OF the
questions involved.
The land is within the thirty mile limit
OF the now forfeited grant of the Atlantic
and Pacific railroad. made by the act OF
congress of 1866 The A tlantic and Pacific
railroad having definitely located its
Pacific ocean at Ventura, CAL, the grant
of lands along the line attached in that
company and SO remained until 1885,
when the grant was forfeited and re-
sumed by the government and never be-
came part of the grant OF the Southern
Pacific Railroad company, as claimed by
that company. But the Southern Pacific
Railroad company contended that the
Atlantic and Pacific Railroad company
never properly surveyed its line of route,
and that therefore its location was fraud
ulent. and that the grant never took
effect.
The circuit court of appeals decides all
the points against the Southern Pacific
Railroad company and holds:
F;rst-That the law did not require the
Atlantic and Pacific Railroad company,
in designating its line of route, to make
any map showing any survey upon the
ground and that the maps Of the Atlantic
and Pacific Railroad company were prop
erly made. and that the land grant at
tached in that company and SO remained,
held by it until forfeited In 1885,
Second-That even if the map had been
Southern Pacific Railroad company. and
that that company had no right to COM
plain as to the acts of the Atlantic and
Pacific company, and that that was
matter which alone concerned the gov
eminent.
Third-That it was not th Q intention of
congress to grant those lands to the
Southern Pacific Railroad company, and
that they had not done so.
The decision is a crushing defeat for
the Southern Pacific Railroad company
and in harmony with the decision of the
United States supreme court several years
ago in previous case of the government
against the Southern Pacific Railroad
comsany. Mr.. Joseph II. Case represented
the United States as special counsel in
the circuit court of appeals in this case.
as we'll as in other government litigation
with the railroads. The Southern Pacific
was represented by eminent counsel from
New York, Washington and San Fran
cisco, and included Judge Payson. who
for many years was chairman OF the con.
gressonal committee on Pacific lands:
also William +. Herrin, general solicitor
of the Southern Pacific Railroad COM
pany, and James G. Carter of New York
city, who was counsel for the government
in the Bering sea arbitration, held at
Paris and the leader of the New York
bar. The circuit court OF appeals for the
Ninth circuit IN the argument and decis-
ion Of this case was composed of Judges
hilbert, Bellinger and Knowles.