Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-10-18
SOUTHERN PACIFIC LOSES
Adverse Decision on q Big Land
Grant
Hundreds of~Thousands of Acres in
California Invofyed-A Most
70 Ip,6ortant Case.

The United States Supreme Court. today
rendered an opinion against the railroad
| company in the case of the Southern Pacific
Railroad Company vs. the United States
brought here from the circuit court for the
ninth circuit. The easeNinvolveaS abou;
100000 acres of land in southern California
and grew out OF the fact that the forfeited
| land grant. of the Atlantic and Pacific Rail-
road Company was overlapped to some ex-
! tent by lands. claimed under government
grant by the Southern Pacific Tie At
| lantic and Pacific Railroad Company origi-
nally claimed the lands IN controversy,
ard its original maps of location along the
| line OF these lands were accepted Ivy the
land Office. hut congress declared the lands
forfeited, and thereupon- the Southern Pa
cllc,- " nose. grant oyeflapped that OF the
Atlantic and Pacific, set up title to the
| lands.
| The circuit court however, decided
against 1.-The Southern Pacific and the Su-
preme Court today affirmed that decision
SO Far as concerns the railroad company,
but remanded to the lower court. for decis-
ion the case of about 200 persons who had
purchased part of the ,ands from the rail-
road company. a az
Durrant Case Advanced.
The Supreme Court today advanced the
argument of the Durrant murder case
brought here from San Francisco, and set
1t for hearing November 10.
The Supreme Court today affirmed the
decision of the court of appeals of New
York in the case of Benton Turler, plaintiff
IN error, vs. the state of New York in
volving title to lands in Franklin county,
winch had teen sold in 1877 for nom pay
ment OF taxes. The decision affirmed the
vallalty in all respects of the statute of
June o. 1885, relating to- conveyances by
the controller of the state of lands sold for
the non-payrnent' of taxes.
The Supreme Court today reversed the
decision of the court of private land claims
| in the case of the United States VS.. f. L.
Bergere ct AL appellants. deciding that
there was no evidence to support the claim
of the appellants to title to the lands claim
ed The appellants claimed title to eleven
square leagues of territory intNew Mexico
alleged to have been grated to one Bartol-
ONE Boca by the acting governor in 1919
She claimed to be one of the legal heirs OF
Boca. The court decided from the facts
presented to it that there was no evidence
OF title to any portion of the lands.
- Important Suit.
The judgment of the court is not only
against the claim of the Southern Pacific
| railroad to these lands, but is also against
| the Central Trust Company of New York
city, and other trustees for mortgage bond
holders. it having been contended mas
much as a mortgage was made by the
TO SECURE their bonds, that such bond hold
ers Were bona fide purchasers.
| The court declares itself against this and
establishes the title of the government
against the railroad and against, the, bond
holders. TX
The Supreme Court holds further that
| the prior suits brought by the United States
against the Southern Pacific Railroad Com
fpaay reported in 146 T. s., which adjudged
the title to be in the United States fur GER
tain lands in the forfeited \ atlantic and
Pacific grant, was complete adjudication
of the questions sought to be again opened
land reviewed by the Southern Pacific Rail-
road Company in this case; and thescoarT
further held that the record in the former
case was admissible in evidence without
being specially pleaded by the United
States, and that It was not only persuasive
evidence of what was decided in the former
cases, but that It was conclusive Of the
tquestions there adjudicated, which ques-
lions are the same as those now. sous hit
| to be raised by the Southern Pacific Rail-
| road COMPANY:
| This is the most important suit. from
| the amount of land involved, as we'll as
from its pecuniary value which has ever
been brought by the United States against
! land grant company. since the estab-
llshment of the government.