The evening times., 1896-12-04
JOSEPH CHOATE IN COURT
Possible Future Attorney General
Argues Case Here.
Tells the Supreme Court of a Rail.
road Line That Leaped Through
the Air Like Magic.

Hon. Joseph II. Choate, who is talked Of
for Senator from New York TO succeed Mr..
Hill, and also mentioned for Attorney
General in the new Cabinet, has just been
making a two days argument before the
United States Supreme Court The case
in which he is engaged also has IN inter-
est In itself. II Is the famous suit of the
United States to recover over a million
acres of land lying along the Southern
Pacific, between Tehochopa Pass in Cal
ifornia and the Colorado river In Arizona.
by way Of Fort Yuma. d. o. Mills and
q. l. Lansing are Interested as trustees
for some S3I 600 900 OF the roads bonds
The government first granted the lands
to the Atlantic and Pacific Company In
1866, upon certain conditions. The terms
were not complied with and the grant was
forfeited But in 1871 the Southern Pa
cific Company, after consolidating with its
own the interests OF two California cor
poratious, built road along the proposed
line and claimed the land. Meantime the
formsl forfeiture OF the Atlantic and Pa
cific had been made and the claim OF the
Southern Pacific was resisted. Suit was
brought in the United States circuit court
for Southern California to quiet the gov
ernment title to the territory in question.
provision was made that bona fide pur
chasers from tue government should not
be disturbed in their rights, but demand
for the amount paid by these settlers to
the railroad company is included in tue
suit.
Inc governments case is tased chiefly,
perhaps, on the forfeiture of the Atlantic
and Pacific grant, ard upon the California
law, disabling any corr Grafton which shall
cou' oliGate with another engaged in the
sa me business.
The Judgment OF the circuit court was
In favor OF the government, The railroad
company ook an appeal. The Judgment
of the court OF appeals for the Ninth dis
,rict, on June "a, 1895, affirmed the de-
cision OF the court below. The case was
then brought to the United States Supreme
CoIrt. and has since been awaiting a hearing
The Southern Pacific engaged Mr.. Choate
as special counsel when 1t bI ought the suit
to the highest tribunal.
on the other side are engaged Assistant
Attorney General Dickin. on and Special
Counsel Joseph II. Can, of California.
Mr.. Choate's manner OF addressing the
court is perfectly easy, aim ost conventional,
yet it is full Of force His argument is di-
rect, and intelligible for the greater part
10 a child. His words are plain, simple
English. He employs terms peculiar 10
the law, only where they save long
roundabout statement.
A point in the case practically new as
it was brought before the court here is a
charge of forgery against the Southern
Pacific Company.
one portion OF the argument hinges upon
the question whether a certain map for
the Atlantic and Pacific line was only. Of
general route or was, indeed, a map Of
definite survey, sho wing exactly where
the road would run. Mr.. Choate sho wed
first that as a matter of fact the road as
charted would have leaped from mount
ain top to mountain top, and spanned I'M
passable canyons"
He then pointed out that, while 1t had
first been recorded here as a map of definite
survey, the record had been corrected by
Acting Commissioner OF the General
Land Office Dolan by putting in the word
preliminary" in pencil, instead of the
term which designated it as a definite
and exact survey.
And Mr.. Dolan," said the attorney,
was at the time the highest authority in
the Land Office. The actual incumbent
was an old man who was SO deaf that he
could not transact business and was wholly
passed over in everything"
1t will be several months probably before
a decision is handed down in the case and
before that time Congress may be in the
midst of a tremendous conflict of the
Titans over the Pacific funding bill, which
involves practically the same interests-the
peoples and the Pacific Railroad capital
ists'-in a larger way.