The herald., 1898-05-05
DRAMATIC SCENE IN RAILWAY
COMMISSION ROOMS
SOUTHERN PACIFIC LAND CASE
Attorney Call Comments on Dcci-
sion Affecting Over a Million
Acres-Santa Fe Activity

| perSOnac. fOT eNaIHpie, Among tHo al
tendants on Monday were Denis Kearney
the greatest has-been the state ever has
had in it's varied collection. Beside hin
sat Dave Neagle, the man who slew Judg,
Terry at Lathrop some years ago In order
to prevent Justice Field from having hi:
nose pulled. "Old Pard" Bassett beamee
on Huntington from one side of the room
with Barney Dougherty on the other. The
ncisive Stubs sat in his chair like new
jacknife, ready to open at a moments no
tice, and cut the inside rates out of any
competitor.
| From all of the accounts given In the
| San Francisco press the affair is one OF
| the most dramatic ever seen in that city
of dramas of all kinds. Huntington
played with his inqusitors In his usual
style. He either bluffed, outwitted, OF
browbeat them at all turns, and so far the
investigation has resulted In nothing but
entertainment for the spectators.
The attempt was made on Monday to find
out the value of the Southern Pacific's
property. but unavailingly. Huntington
was at times troubled with a bad memory
for example he forgot altogether that he
owned the Mexican International road
until he was shown a schedule of the
Southern Pacific's lines showing that the
road belonged to the Kentucky corpora
tion.
Inc great transportationist stated that
after sixty years of work he had nothing
to show for his labor but railways, and he
did not seem to think that they were
worth much; all the money he had made
had been with eastern roads, and he had
plunged the profits of those enterprises
into his California lines, with no profit SO
far. The only way that rates could be re-
duced would be by decreasing the wages he
paid to the working force of the road
which now absorbed sixty-ive per cent OF
the gross receipts of the road
Santa Fe Wants Water
On April 3Oth the Santa F'e company filed
on two water claims for the purpose of
supplying Newberry and Dandy stations
with that fluid. The claim for the former
place is a spring located on the northwest
quarter of the southwest quarter of Sec
ton 90, township 3, north of range east.
One thousand inches of water are asked
for to be taken to Newberry in an eight
inch pipe for use in operating the road.
The second filing is for a spring located
three miles north ot point three miles
west of the northwest corner of Section
of township 6, north of range l6, east of
the San Bernardino meridian. six-inch
pipe is to convey the water to Dandy.
Santa Fe Steel Rails
The Santa Fe is pushing its policy OF
making its line first-class one as regards
the road bed. The large gang of men who
| olI ,v,A lrry,f lie
on the divisions which made up the old
Atlantic and Pacific railway have COM
pleted the placing of the fifty six-pound
steel rails between Barstow and Mohave
by the 10th of the month, which will make
the whole division from Selgman to Mo-
have furnished with the new rails. leaving
only slightly over 100 miles to be laid. This
space will have to be left until fall before
1t can be completed, as the heat is too great
to permit the handling of metal by the
men.
During the summer the men will work
on the line in New Mexico, commencing at
Laguna and working to the west. The
work of progress includes the erection on
the line of eighty-six steel bridges. all of
the rails and all of the material for the
bridges have been provided, and are
ready for immediate use.
Notable Railway Land Decision
One of the most notable decisions affect
ing railway interests was the one given on
Monday by the circuit court of appeals in
San Francisco IN the case of the South
crn Pacific company VS.. Otto Groeck, which
was test case. and apparently will throw
back into the company's possession about
holt Of Ion xIhj i'm
had been rescued from its clutches by a
decision of Judge Ross in another case in
1896, when he held that the railway had
lest its right to the land in question by
reason of its not having fulfilled the de-
mands of the land grant by not building the
line In the specified time and failing 20
carry out other demands of the contract.
In the present case the defendant flied in
the United States land Office in Visalia his
claim to eighty acres of land, and in 1S3)
tho government gave him patent for it,
which he sold to a co-defendant named
Merrill. The land was claimed by the COM
pany under the act of congress of July q
1866, which authorized the construction of
a road from San Francisco to the Needles
by way of Mojave. A carefully prepared
synopsis of this important ruling is as
follows:
1.-THE land in controversy was at the time
of the entry by Groeck and at the time
when he took steps to acquire title there
to withdrawn from settlement by the act
Of the secretary of the interior. 1t was
land to which section 2259 of the revised
statutes applied. No valid pre-emption
could be made Of lands which were with
drawn from settlement by o.icers of the
land department, and such entry If made
could not become the basis of title, even
upon the subsequent cancellation Of the
order of withdrawal since the acts Of the
settler upon such lands were acts done in
violation of law and void.
"a careful consideration of decisions of
the supreme court determining the nature
of the right which the grantee Of such
grant acquires to land within the in
demnity limits. prior to the time when
definite location and selection of lien lands
is made, leads US to the conclusion that in
case of grant, such as that now under
consideration, by the operation of the
terms of the grant itself, the indemnity
lands are withdrawn from settlement from
the moment when a map of the general
route Of the road is made and filed.
1.-THE plea Of laches cannot avail the ap-
peilees. The laches Is said to consist In the
long delay of the company in the con-
struction Of the road and the selection OF
indemnity lands. We are unable to per-
ceive how that delay conferred any rights
on the pre-emption settler. The company
owed no duty to any intended settler on the
public domain. The United States did not