Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-07-19
Text Of Communication From De-
partment Of the Interior.
RIGHTS OF WAY IDENTICAL.
Line of Route submitted BY ttah,
Nevada aud California Ia Made
on Old Field Note.

Last evening copies OF coihIuuhl
cation signed by Il. s. Commissioner
Blngcr Hermann, OF the department
Of the interior AT Washington D. Go
and addressed 10 the register ana re-
ceiyer at Carson city were received at
the Oregon short Line and San Pedro
Los Angeles and Salt Lake headquar-
tiers in this city The document despite
the legal verblage which surrounds us
contents, makes interesting reading
for the average citizen who has been
following the different moves on the
part Of the rival railroad companies
The fun text Of the part Of the COM
muuicatIon which bears directly on the
disputed maps follows;
This office is In receipt OF a letter
from T.. B. HAY, ESQ., Of this city. as
resident counsel for the San Pedro Los
Angeles ana salt Lake railroad COM
pany. dated June 70. 1901. IN relation TO
its claims "a "a certain railroad right OF
way from Glover Valley Junction, M
Nevada. s0uthwesterly 10 the California
state line distance Of about Ia niles
Mr.. Hay wrote also on June 10. lsol'
In conjunction with e, O Whltmore'
ESD. counsel for the Company trans
hitting additional papers in relation TO
the same.
with your letter Of May l6, 1901. you
transmitted nine maps filed by the utah
Nevada and California Railroad COM
pany showing the definite location or
its line Of road between the points des-
crlbed. The first twenty-mile section
from Glover Valley Junction southwest
erly was filed in your office May, D
1901. as appears from a memorandum
signed by the Register and transmitted
with the papers, the rest OF the line is
shown on eight maps, which according
10 the same memorandum, were hled IN
y.ur office on May II, 1901, on the days
the maps were nled protests against
their acceptance were flied in your Of
fee on behalf Of the Utah aud cali
fornia Railroad company. and on May
20, 1901. protest was filed IN your Office
on behalf Of the San Pedro company.
The protests allege that the protest
ing companies were in possession and
working upon and surveying the said
line of route, and have corps OF sur
yey0rs employed IN the performance OF
said work,
Upon examination Il appears that the
line OF route submitted by the Otah,
Nevada and California Railroad COM
pany, Is made on the same field notes
that were used for nine maps hled by
the Oregon Short Line and Utah North
orn Railroad company In 1890. and APP
proved 10y the Department an Noyem-
Der % ana December 49, 1890, under the
Act OF March 3, 1910, tlS stat 4S2). The
Utah. Nevada and California Railroad
company claims to have succeeded 20
all the rights Of The Oregon Short Rail-
road company az to the right Of way.
As TO the other lines In Nevada. the
Department has already recognized this
as an auxiliary to the oregon
Short Line company, anr has confirmed
il in the rights claimed decision Of
April "a 1901, not published)
The questions raised by the protests
are. first. whether the surveys made by
Utah. Nevada and California Railroad
are such as would satisfy the
requirements 81 the law and regu;a-
tons. and second whether the work
done ON the proposed right Of way by
the protestants is such as to give them
any rights as against the grant of
right Of way which has vested In the
Oregon Short Line company OF as
against the corporation In favor Of
which the Oregon Short Line company
has waived It's rights.
In the aflidavits filed by the protest
ants are certain statements aa to the
method In which the surveys Of the
Utah. Nevada and California Railroad
company were made, 90 the effect that
stakes were set only at considerable In
tervals, and those that were set are noe
In many cases IN conformity with the
field notes. The atiidayits further al
lege that the protestants have actually
been engaged In the construction upon
~'e proposed line, the sum Of S23i0.50
having been expended In grading there
on during the month Of MAY. 1901
1t appears that on May o. 1901. the
san Pedro company fled two maps
showing the first Two tWenty-mle sec
tons Of the same road southwesterly
from Glover Valley Junction. and on
June ~. 1901. a map Of the third twenty
mile section On May 25th and June
18Th. respectively, the Utah. Nevada
and California Railroad company filed
protests against the acceptance " these
maps alleging prior rights by reason OF
the fact that u had already filed its
maps for the same line of route, IN
examination Of the maps discloses the
fact that while there arc some discrep-
ancies between the san Pedro maps on
The one hand, and the approved Oregon
Short Line maps and those OF the Utah.
Nevada and California on the other. the
differences are for the most part very
small ana that the two rights Of way
claimed are practically Identical
In order that the matter may be pro-
perly presented To this office for deter
mining The facts concerning the two
questions Of surveys and work done.
az herelnbefore specifically stated.
You WIN give the parties due notice OF
the time set for the hearing. and after
the conclusion thereof viii render your
decision as 90 the facts shown. and all
low the usual right OF appeal the en-
tire proceedings 10 be conducted with
the rules Of practice. You win make
prompt repor, and transmit an the
IN uoYe I'm tho case