The herald., 1898-07-17
on UNCLE SANS LAND
THE MOUNT WILSON RAILWAY
49,. MEETS AN OBSTACLE
FINDS ITSELF A TREsPAssER


The MT. Wuson railway CompAny 10 Pus
In decidedly awkward position by deci-
sion Just received at the Land Office here,
and should the United States government
80 desire, 1t could order the famous noun
tain road removed Immediately and bring
suit for damages, the decision holding that
the railway is partly located on the gov
eminent timber reservation known as the
San Gabriel Timber Reserve. and this To-
cation amounts to an alleged trespass, as
does. the continued occupation of the right
Of way ~-..-,s-ss,..e
The severity Of this decision is somewhat
ameliorated by the declaration OF the Com
missioner of the General Land Onice that
owing to the benefit the maintenance OF the
road confers on this section the government
will suspend action In the matter OF the
alleged trespass until the matter can be
presented to Congress by interested parties
for legalizing the alleged trespass If Con-
gress sees ft.
The decision is the result Of applications
made by two different parties for right
Of way from Alpine Tavern to the top OF
the ridge. One of these applications is
from T. s. c. Lowe, the other from j. 5.
Torrance, as receiver of the railway COM
pany. The latter also filed a protest
against the Lowe applicdtloH
The decision holds that the two appica-
lions are for practically identical rights of
way. THE lines lie almost entirely within
the San Gabriel timber land reserve. and
with the exception of a small part outside of
the reserve the lines lie upon unsurveyed
lands.
"A number Of other papers have been re-
ceived In connection with this case, among
them being reports by special agents of this
office concerning the alleged unlawful TAX
ing of timber and occupation of public
lands"
The decision cites the fact that while the
construction work on the road is said to
have begun in 1892, the road was not open
for travel until July. 1893, and construction
was not completed until August, 1895. The
company did not file proofs of organization
and articles OF Incorporation until May,
1894. '.The San Gabriel Timber Reserve was
made by act of Congress in December, 1892.
Hence the office is without authority to con-
slider an application for right of way with
in the reserve, and therefore the various APP
plications submitted are rejected so tar as
they lie within the limits of the reserve. SUBJ
iect to the usual right of appeal within
sixty days"
The decision comments on the application
of Receiver Torrance for right of way,
and holds that his application cannot be
considered until proper evidence has been
filed with the department as to his judicial
authority to take such action.
The decision continues: 1.-The road in
question has been constructed within the
reserve, and attention has been called to
the fact that the construction of the road
and the occupation of the right of way
within the reserve are unlawful. 1t ap-
pears that without making any effort to
comply with the law by the filing Of its
articles OF Incorporation and proofs of CIR
ganization, the company, few months be-
fore the establishment of the reserve, be-
gan the construction of its road and after
the reservation of the lands continued the
construction therein.
1.-THE construction of the road after the
establishment of the reserve was undoubt
eddy without authority of law, so also is the
continued occupation of the land used for
the purposes Of the railroad.
Considering, however. the benefit de-
rived by the public from the operation of
the road. this office will suspend action in
the matter of the alleged trespass so far
as the construction of the road and the
occupation Of the right of way are con-
cerned, until there shall have been oppor-
tunity for the matter to be presented to
Congress by the parties interested, in or
der that the said acts may be legalized, if
deemed proper by the legislative branch of
the government.
1.-The question of timber trespass, con-
struction of wagon roads and trails and in
reference with the free access of the pub