Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-07-19

RIGHTS OF WAY IDENTICAL.
Line OF Route Submitted by Utah,
Nevada aud California IL Made
on Ola Field Notes,


cation signed by g. s Commissioner
Bnger Hermann, Of the department
Of the interior at Washington, u. c.,
and addressed to the register and re-
celyer at Carson city were received at
the Oregon Short Line and San Pedro
Los Angeles and Salt Lake headquar-
ters in this city. The document despite
the legal verbiage which surrounds its
contents, makes interesting reading
for the average citizen who has been
following the different moves on the
part Of the rival railroad companies.
The full text Of the part Of the COM
munication which bears directly on the
disputed maps follows:
This office is In receipt OF a letter
from y. d. Hay ESD, Of this city. as
resident counsel for the San Pedro Los
Angeles and salt Lake railroad COM
pany, dated June Is, 1901. In relation to
its claims Ia a certain railroad right OF
way from Glover Valley Junction, ia
Nevada. southwesterly to the California
state line a distance OF about la miles.
Mr.. Hay wrote also on June 10, 1901.
In conjunction with G. O. Whitmore,
Esq, counsel for the campany trans
hitting additional papers in relation TO
the same.
with your letter Of May 10, 1901. you
transmitted nine maps filed by the Utah
Nevada and California Railroad COM
-. .lstV I'D al
its line Of road between the points des-
crbed. The FIRST twenty-mile section
from Glover Valley Junction southwest
ery, was filed in your office May, ..
1901. as appears from memorandum
signed by the Register and transmitted
with the papers, the rest OF the line Is
shown on eight maps, which according
TO the same memorandum, were filed in
ysur office on May II, 1901 On the days
the maps were filed protests against
their acceptance were filed In your of
fee on behalf Of the Utah and Cali
fornia Railroad company and on May
g. 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 a corps Of sur
yeyors employed In the performance OF
said work.
Upon examination It appears that the
line Of route submitted by the Utah.
Nevada and California Railroad COM
pany, is made on the same field notes
that were used for nine maps filed by
the oregon Short Line and Utah North
ern Railroad company In 1880, and APP
proved by the Department an Noyem
Der % and December 80, 1890, under the
Act Of March g. 1915, as stat. 4S2) The
Utah Nevada and California Railroad
company claims to have succeeded to
all the rights of the Oregon Short Rail-
road company as TO the right Of way.
As to the other lines In Nevada the
Department has already recognized this
company as an auxiliary 10 the oregon
Short Line company, anr has confirmed
II 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
company are such as would satisfy The
requirements OF the law and reguia-
tiOns, 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 ~
right Of way which has vested In the
Oregon Short Line company. or as
against the corporation in favor Of
which the Oregon Short Line company
has waived It's rights.
In the afildavlts filed by the protest. |
ants are certain statements as 10 the |
method In which the surveys Of the |
Utah, Nevada and California Railroad |
company We're made, to 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 aflidayits further al |
lege that the protestants have actually |
been engaged IN the construction upon /
..e proposed line the sum Of y23i05O |
having been expended In grading there.
on during the month Of NAV. 1901.
IL appears that on May %. 1901. the
San Pedro company filed two maps
the first two twenty-mile Sec
tions Of the same road southwestern |
from Glover Valley Junction, and on
June ~ 1901, map of the third twenty |
mile section. on May 25th and June
18Th, respectively. the Utah. Nevada
anu 'hlilNlNid hNlilNdu company IIeQ
protests against the acceptance Of these
maps alleging prior rights by reason "
the fact that II had already filed its
maps for the same line Of route An
examination Of the maps dlscloses the
fact that while there are some discrep-
ancics between the San Pedro maps on
the one hand, and the approved Oregon
Short Line maps and those Of the Utah.
Nevada ana California on the other. the
differences are for the most part very
small and 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 twa
questions Of surveys and work done
~ herelnbefore specifically stated.
You VIII give the parties due notice OF
he time set for the hearing. and after
he conclusion thereof win render your
ieclson as to the facts shown. and al
ow the usual right Of appeal. the en-
lire proceedings 10 be conducted with
he rules Of practice. You win make
prompt report and transmit an the
papers In the case