Los Angeles herald., 1910-12-11
Other Suits to Follow Action to
Wrest Control Of Hold
ings from Railroad
CASE INVOLVES slo,oOo,ooo
Government Seeks Claims Held
by big Business Valued
at S5oo,Ooo,OOo
toontInued from Paee one,

company in the premises-in and by
which affidavit was falsely, fraud
ulently, dishonesty and unlawfully
stated and sworn. among other things,
that the said lands claimed as afore-
said, including the lands hereinbefore
particularly described, we're not in
terdicted mineral lands and were of
the character contemplated by the
aforesaid grant which said statement
was false in this, that all of said
lands contained rich and valuable
deposits Of minerals, and were and
are mineral lands and none Of said
lands were of the character contem-
plated by the aforesaid grant, but
on the contrary, all of said lands
were by the terms of said grant ex-
pressly excluded and exempted from
the operation thereof, all of which
facts were then and there and there
tofore well known to the said South
ern Pacific Railroad company and
the said Charles w. Eberline; all OF
which said false statements and rep
reservations were made for the pur-
pose of deceiving the plaintiff and
the PLAINTIFFS said officers having
authority in the premises, and in
ducing the issuance of patent for
said lands fraudulently and unlaw-
fully claimed by such defendant, the
Southern Pacific Railroad company,
as aforesaid.
DECEIVED BY STATEMENTS
"P hintiff's said officials were de-
ceive by the aforesaid false state
ment and representations and were
induc d to and did believe and rely
upon ,aid false and fraudulent state
ments and representations; and there
by the said officers of the United
States we're induced to and did omit
to make any examination, Investigation
or adjudication as to the character or
said lands, but on the contrary, re-
lying wholly upon the aforesaid false
and fraudulent statements and repre-
sentations made by and on behalf of
said defendant, the Southern Pacific
Railroad company, as aforesaid, and
acting upon the belief that all of SAID
statements and representations were
true, induced by and on behalf of SAID
defendant, the Southern Pacific Rail-
road company, as aforesaid, plaintiff $
said officers were induced to and did
cause to be issued the plaintiffs pat
ents for said lands hereinbefore par
ticularly described, which said patent
bears date of December IL, 1904, and
a true COPY of which said patent is
appended hereto marked exhibit "a
and Is hereby made a part hereof.
"By the aforesaid false and fraud
lalent statements and representations,
made by and on behalf OF SAID oe-
fendant, the Southern Pacific Railroad
company, as aforesaid, PLAINTIFFS S said
officials were Induced to and did omit
TO make an examination, investigation
or inquiry whereby the true facts IN
the premises might have been dtscov-
cred; and omitted to in any manner
adjudicate or determines whether any
of said lands were in fact mineral or
non-mineral in character, or were in
fact of the character contemplated by
the aforesaid grant, but on the con-
trary said patent was issued @holly IN
reliance upon the aforesaid false and
fraudulent statements and Representa-,
tions made by and on behalf OF SAID
Southern Pacific Railroad company, as
aforesaid; and by the aforesaid false
and fraudulent statements and repre-
sentations plaintiffs said officials We're
further induced to and did omit TO
insert in said patent any clause or pro
vision excepting or excluding from the
operation thereof mineral lands in COM
pliance with the provisions of said act
of congress approved July 27, 1866, ana
said ioint resolution of congress ap-
proved June 2S, 1870.
CALLS 1T FRAUD MOVE
Further designing and intending to
defraud the plaintiff and to conceal
the aforesaid frauds practiced upon
the plaintiff, as aforesaid, and for the
further purpose of securing TO stllu
defendant, the Sdlu oOulitSAA 1Slh~
Railroad company, and the said de-
fendant, the Southern Pacific COM
many. the benefit of certain mineral
lands fraudulently and unlawfully
claimed by said defendant, the South-
ern Pacific Railroad company, as
aforesaid, including those certain lands
hereinbefore particularly described, the
defendant, the Kern Trading and Oil
company, was organized under and by
virtue of the laws of the state OF call
fornia as q mere dummy corporation,
for the benefit and use OF SAID de-
PENDANT, the Southern Pacific Railroad
company, and the said defendant, the
Southern Pacific company And IN
their behalf, some secret agreement, IN
the nature of a mineral lease or other
wise-the exact particulars concerning
which are to the plaintiff unknown
has been entered into by or in the
name of the said defendant, the South
ern Pacific Railroad company. and SAID
defendant the Kern Trading and OH
compay, by virtue of which some pre-
tended right, title or interest now Is or
will be asserted by and in the name
os said defendant, the Kern Trading
0and Oil company, in and to said lands
hereinbefore particularly described.
"The aforesaid lands hereinbefore
particularly described aggregate APP
proximately 6109.17 acres, and are OF a
vaIue exceeding $10,000,000. None of
possession or in any manner improved
But the plaintiff is informed, and be-
Iieves, and therefore AYERS, that the
defendants and each of them, and par
ticularly said defendant, the Southern
Pacific Railroad company, said defen-
dant. the Southern Pacific company,
and said defendant, the Kern Trading
and Oil company, threaten to, and will,
unless restrained therefrom, enter upon
and take possession of said lands and
extract minerals therefroni, and par
tjcularly the deposits Of oil and Pc
troleum therein contained, and Will
otherwise commit waste and trespass
thereupon, to the irreparable injury Of
the plaintiff in the premises.
sIn consideration whereof, and as
the plaintiff is without full or ade-
ouate remedy in the premises save in
n court of equity, and to the end that
the defendants may make full, true
and direct answers to all and singular
the matters and things herein before
set out, as fully as If each Of them had
been particularly interrogated there
INTO. but not under oath, an answer
under oath being hereby expressly
waived; and to the end that the said