The herald., 1896-09-19
Special Counsel Call Scores the
Interior Department
BRlGHr.LHTLEsRU RUSSIAN LAD
The Jury s0at All Night ID the Bennett
Murder Trial
Ma Lsulss Saith Ea,ers saIt Against Her
Friend Mrs DelisIe
Earl Rogers Loses g Receipt-A Train
ing College for Nurses Estab-
Misunderstanding Water
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Uncle sam aimed stone at spar
row and hit a man, and, not unnatural
ly, the man Is sQuealing.
In other words, suit brought by
the United States government against
the Southern Pacific company to recov-
er possession. as the company thought,
Of about 10000 acres of land, has, after
considerable delay, and when the suit
has reached the stage of argument,
been found to cover about 100000
acres. aeI rli4t ne -
Final arguments in the case had been
set for hearing in the United States
circuit court yesterday, before Judge
Erskine M. Ross Upon the case being
called William Singer, Esq, of San
Francisco, from the law department of
the Southern Pacific company, asked
that the case be postponed. In the
course Of his remarks he said that the
bill Of complaint filed by j. H. Call, Esq,
special counsel for the government, ap-
peared to cover more ground than ne
was aware Of until recent date. In
his answer he considered that from
$4,000 to 10000 acres of land had been
covered, but he had been Informed, that
government counsel claimed that 1t
embraced much wider. area. He could
not think that the attorney general in
tended to give such, scope to the suit
which had been given by Mr.. Call.
Counsel proceeded to state that he
had in his possession certain cores
pordence received from the department
of the interior, and also from the de-
partment Of justice, that led him to be-
lieve that the department of justice
contemplated Diminishing the case.
Counsel said that one letter that he
proposed reading reflected somewhat
upon Mr.. Call but as certain facts set
forth In the letter went to sustain his
position, he would read it.
A SUIT GROWING HIRSUTE APP
PENDAGES.
But Mr.. Call objected to any such cor
respondence being read or interjected
into the case. He stated that he had
instituted the suit three and one-half
years ago, by order of then Attorney
General Olney, as result OF an eX-
tended correspondence and consulta-
ton with the attorney general. 1t was
the desire Of the attorney general that
the controversies between the govern
ment and the Southern Pacific COM
pany should be absolutely and finally
determined in one suit, and not in many
separate suits. The bill of complaint
was drawn, was forwarded to Washing
ton and was signed by the attorney gen
eral He suggested an amendment in
order to more specifically designate the
lands to be covered, and that amend
ment was filed.
In proceeding Mr.. Call took the OPP
portunity to roast the interior depart
ment He said that that department
had not actively supported the govern
ment in the prosecution of the suit, and
had even during the tendency of the
suit at bar, issued patents to some of
the very lands in-controversy. At every
stage the government had met with de-
lays. 14
NOTHING TO DO WITH THE CASE,
TRA-LA."
He had received instructions from
the attorney general and also from the
assistant attorney general to submit to
no further delays, but to prosecute the
case to termination. He felt satisfied
that the allegations of the bill covered
the land in question, and as for the sec
rotary of the interior. he had nothing
to do with the case. He thought that If
the department Of the interior had only
done it's duty in the premises the title
been ere this settled in the government.
For these, reasons he did not think the
correspondence which counsel for the
defense sought to introduce had any
place before the court
The court inquired of Mr.. Singer in
what mannefsthe court could deal with
the correspondence. Counsel in reply
conterded that the several communica-
tons would show that it had never been
contemplated to bring suit embracing
,all the lands. He desired q postpone
ment because he thought the case would
be dismissed.
The court ruled that no notice could
be taken of the correspondence. The
suit had been brought by authorized
counsel on behalf Of the United States
government, who had stated that his
instructions We're to prosecute it. The
stage had been, reached of final argu-
ment on testimony already taken. Spe-
cial counsel was certainly entitled to
recognition, and to have his averments
passed upon. He denied the motion for
. postponement and directed argu-
mentsi to proceed -
SOME OF THE DISPUTED LANDS
All of the lands in controversy are in.
cluded IN the various railroad land
rants made under the several acts Of
congress.
BY the act of congress July, 1866, grant.
An8 A0uob ~sCO- dff lHC OF
railroad, and telegraph line from the
states Of Missouri ana Arkansas to the
Pacific coast, the Atlantic and Pacific
Railroad company Incorporated and
secured large amount of lands in Cali.
fornia andeother states and territories
By the same act the Southern. Pacific
Railroad company was authorized II
connect with the Atlantic and Pacific
and upon condition that 1t would make
Z such co1nection, agreed to make to the
eouthsrA Alifie a grant Of lands upor
the same terms rs were granted to thu
Atlantic and Pacific
BY the act of congress March 3. 1871
the Texas Pacific company received
heavy land grants, and for the purpos,
Of connecting the line with San Fran
ctcso, the Southern Pacific was author
ICED to construct line of railroad from
= point at or near Tehachepi pass. BY
way ri Los Angeles, to the Texas Pacifi,
1o1lroAd st or near the Colorado river
With the same rights az were granted Il
~ said Southern Pacific railroad by ths
oct Of July 81, 1866.
The Atlantic and Pacific did not con.
struct apyireilroad within the boundar
ies Of CaAfofr1ia under the meaning q,
the act Of 1885. and by the act Of con
I osoog az 1soe. All the lands granted to thu