The herald., 1898-01-10

main. In December, 1892, in a suit by
the United States against the Southern
Pacific in the United States circuit court
for the southern district of California.
a decree was entered by Judge Ross, de-
claring the title of these lands to be in
the United States, and this judgment
was affirmed on appeal to the United
States circuit court of appeals, and
more recently by the supreme court of
the United States, thus settling forever
the issues between the United States and
the railroad company as to the owner
ship Of these overlapping lands.
In order TO protect citizens of this
country who had purchased any of these
lands from the railroad company, con-
gress, in March, 1887, passed an act
granting to bona fide purchasers, who
had bought prior to that date, and who
We're not aliens, the first rights to pur-
chase such lands from the government.
In January, 1893, at it's London office,
the Atlantic and Pacific Fibre Importing
and Manufacturing company, limited,
conveyed the $4,000 acres of land it had
purchased from the Southern Pacific to
j. r. Graves, Esq, IT'S agent and attorney
in this city. The application by him to
purchase the land from the government
has, it Is reported, been denied and mas
much as the foreign corporation falls
under the special clause of the act OF
congress which bars any claim they can
set UP to these Antelope valley lands, II
is likely that the United States will con-
tinue to deny any application by the
conpany's legal representative and
agent to purchase.
At first glance this might seem to work
a hardship on company that, while
alien, was in some way or other engaged
in developing the country, and acquired
the lands in the first instance in good
faith. This is not so, however, for one
of the provisions in the contract Of sale
made by the railroad company in this, ar
in all other cases, was to the effect that
if the railroad company failed to obtain
patent for the lands from the govern
ment, then in such case the purchase
price should be refunded to the pur.
chaser. The company, therefore, loses
nothing, for the lands were never utilized
in any way. 1t acquired no title from
the Southern Pacific, and so could con-
vey no title in making what purpofted tt
be transfer to its agent in 1893; this lat
ter step being evidently taken in order te
avail itself, If possible, of the provisions
Of the act Of March 8, 1887, from the op
Grafton of which it and all other alier
corporations were especially and spe
cifically barred.
1t Is not to be pretended that in South.
ern California may be found a specific
from the wealth of the soil and sunshine
that will cure thriftlessness or bat
judgment, or make of the shiftless man 6
model of aptness and ability.
| There is. however, basis for the BELIEF
that here the average man may work il
greater comfort more days in the year
and earn his bread easier than else.
where. Failures there are here, as 6se
where, but they are made by the mer
who buy land and hire it planted ant
worked. Men who take only so much
land as they can till and tend with tht
labor Of their own families do not fail, fol
nature helps the Industrious hand, and
nowhere else does intelligent labor ado
as much to the value Of land.
| %<
At the annual games Of the Auckland
| Amateur Athletic club, Nov. 81, F. Fl
Creamer won the one mile walk, hi
/ N.. .l>