The herald., 1896-12-03
$: &@M SEA COMMISSION ALONG MRNmD LINES MM ESTATE AND BUILDING
M|SmM GumlaM hh City ST.
fourth
Southern California Grant [ Lands
in Cours
SANTA FE STOCK HOLDERS
Promised q Decision to Be Hsnde
Down Monday
The Northern Pacific and the Yellow
stone Park Association Get
Tangled Up.
Associated Press Special wire

| Associated Press Special wire
WASHINGTON, Dec 2.-The United
States supreme court has been engaged
today hearing arguments in TIE case
involving the title to about 100000 acres
nj Southern California. This land was
comprised in the original grant to the
Atlantic and Pacific Railroad company,
made in 1866. and the dispute is between
the United States government and the
Southern Pacific Railroad company. This
grant was forfeited by tie failure Qf
the Atlantic and Pacific to build its road
within the time specified. The Southern
Pacific claims the land on the junior
grant.
The case comes to the United States
supreme court from the court of ap-
peals, where the decision was adverse
to the railroad company. The suit COW
ers about 400 pages of printed matter,
including an entire volume Of maps and
drawings. The case was presented by
Mr.. Joseph Choate for the railroad COM
pany and Assistant Attorney General
Dickinson for the government.
Mr.. Choate claimed that the Southern
Pacific company was entitled to the
land in controversy because the At
lantic and Pacific company had never
filed a definite map of location.
A DECISION PROMISED.
TOPEKA, Kas.. Dec. Judge Thay-
er in the federal court here today an
nounced. that a decision In the Atchison,
Topeka and Santa Fe case would be
handed down next Monday morning.
AS requested last night. the attorneys
on both sides this morning handed in
a long list of authorities cited. and the
case was taken under advisement by
Judge Thayer and Judge Foster. Nei-
ther of the judges have intimated in the
least what the decision will be. Judge
Thayer left for st. Louis later in the
day. He will at once write the opinion
and send it to Topeka.
A TANGLED SUIT.
ST. PAUL, Mimi, Dec. "A number
of the stockholders Of the Yellowstone
Park association have brought an ac-
ton in the United States circuit court
against the Northern Pacific. the Park
association and such other stockholders
as may choose to appear on either side.
The names of the plaintiffs are Richard
F. Perry, James f. Robb, F. H. Dieh-
man, ]. N. Perry, Dwight F. Davis,
Samuel c. Davis Marion ]. Davis. John
T. Davis, Charles Gibson, c. e. Gibson,
and all Of them with one exception live
in ST. Louis. The stockholders claim
that they were told the railroad owned
controlling interest in the association,
and that it guarantees a dividend, but
by various changes, ending In the re-
pudiation of a. contract with the Park
association, the railroad was reaping the
benefit of the business.
The annual meeting Of the association
will be held on December 9th and the
stockholders state that the railroad will
unless restrained, control the associa-
ton, as it owns the majority of the
stock, and the association should work
independently of the railroad. Plain
tiffs ask that a receiver be appointed
for the association; that stock now held
by the railroad be Cancelled, and that
the railroad be restrained from voting
the stock at the annual meeting.