The herald., 1898-03-18
LAND GRANTS
Present Status of Suits to
Determine Title
ATTORNEY CALL TALKS
MEANS BY WHICH PURCHASERS
MAY SEEK CONFIRMATION
THE LAW IN THE CASE
How the Government Is Protecting Its
Rights to the Forfeited A. and p.
and Texas Pacific Grants

Attorney j. II. Call, who represents the
department of justice in prosecuting
number of government cases against the
Southern Pacific Railway company in this
state, has aroused the anxiety of num-
ber of landowners on the portions OF the
Atlantic and Pacific and the Texas Pacific
overlapping grants which have been, ano
in some instances are yet, in htigauoh'
These owners are numbered up in the
thousands, the land involved being about
5000, 900 acres in Southern California Those
of them who purchased in good faith from
the railway company and had no notice Oh
suits to be brought or the counter claim
of the government need feel no ALARM
and are provided with several ways OF per-
fecting their titles. Mr.. Call will, 1t Is true
proceed against a number of purchasers
who he thinks are simply acting to protect
the railway company and whose hoidings
were not acquired in a bona fide manner.
Mr.. Call was asked about the question
Yesterday. but he is obliged to be very dis
Greet in his utterances, as whatever he
might say could be taken advantage OF
by his opponents, if it was susceptible of
anv twisting of meaning. In response to
certain direct queries he consented to speak
rs follows:
"It has been the policy of the govern
ment to protect settlers upon the public
lands and encourage settlement, and to
protect bona fide purchasers of land sold
by railroad companies as a part of their
grants
"In the pending suits brought by the
government to determine its title to lands
In California claimed under railroad grants,
the government has made parties defend
ant the Southern Pacific Railroad com
pany, the Central Trust company, D. o.
Mills and G. l.. Lansing (trustees for bond
holders), and the only other persons de-
fendant in these suits or whom the gov
ernment is otherwise litigating are par
ties who have answered in the govern
ment cases and sought a confirmation of
title under purchase from the Southern
Pacific Railroad company and made proof
of such purchases, and those who have
sought a confirmation of title against the
government by Independent proceedings.
Bona fide purchasers from the Southern
Pacific Railroad company who are not in
court now may adopt one of three courses
First, they may, without any further act
from the railroad and such confirmation of
their title as has been given under acts
Of congress; or, second, they may bring
confirmation proceedings against the gov
ernment in the United States court, in
accordance with the act of congress of
March 9 1896, and secure a determination
of their rights; or third, they may pre-
sent their claims to the United States
land office and secure, in proper cases,
either a confirmation of title or new
patent from the government.
II am not at liberty and do not think
1t would be proper for me to undertake to
pass upon the rights of any purchasers
from the railroad company; that is mat
ter for the courts or the interior depart
nent to determine. And ! am not at lib
erty to state what, If any, further suits
will be brought by the government to
protect it's rights to the forfeited Atlantic
and Pacific and Texas Pacific grants as
that is a matter for the encouragement
TO determine
The acts of congress referred to by Mr..
Call are in the main as follows:
Act of March 3. 1857, section 4: That as
to all land grants, except those mentioned
IN the foregoing section, which have been
30 enormously certified or patented as
aforesaid and which have been sold by
the grantee company to citizens of the
United States or to persons who have de-
c!ared their intention to become such citi-
zens. the person or persons so purchasing
in good faith, his heirs and assigns, shall
be entitled to the land so purchased
upon making proof of the fact of such
purchase at the proper land office, within
such time and under such rules as may be
prescribed by the secretary of the interior,
after the grants respectively shall have
been adjusted; and patents of the United
States shall issue therefor and shall relate
back to the original certification or pat
enting. and the secretary of the interior,
On behalf of the United States, shall de-
mand payment from the company which
has so disposed of such lands of an amount
EQUAL to the government price of similar
lands; and in case of neglect or refusal of
such company to make payment as here
after specified within ninety days after the
demand shall have been made, the attor-
ney-general shall cause suit or suits to
be brought against such company for said
amount; provided, that nothing in this act
shall prevent any purchaser of lands err
roneously withdrawn, certified or patented
as aforesaid, from recovering the purchase
money therefor from the grantee company,
less the amount paid to the United States
by such company as by this act required:
and provided, that a mortgage pledge of
said lands by the company shall not be
considered as a sale for the purposes of
this act, nor shall this act be construed
hs declaration of forfeiture of anv nor
tion of any land grant for conditions
broken, or as authorizing an entry of the
Same, or as waiver of any rights that
The United States may have on account of
any breach of said conditions.
Section 5. That where any said comnop,.
Bhall have sold to citizens of the United
States or to persons who have declared
their intention to become such citizens as
a part or its grant, said lands being NUM-
bered sections prescribed by the grant
and being coterminous with the construct
ed parts of said road, and where the lands
SO sold are for any reason excepted from
me operation of the grant to said COM
pany, 1t shall be lawful for the bona fde
purchaser thereof from said company to