Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-12-11
FRAUD IN THE PATENTING.
ALLEGED AS THE BASIS
Southern Pacific Railway Company
Named as Defendant.
OTHER LAND TO BE RECLAIMED
United States to Proceed for Recov-
cry of Numerous Tracts Valued
at Many Millions of Dollars.

Suit was filed by the federal government
in the United States circuit court here to-
day attacking the title of the Southern
Pacific railroad to =, 100 acres of oil lands
in Kern county. valued at $1O,O0O,O 600.
Fraud in the patenting of the lands is
charged.
1t is alleged that the railroad company
patented the lands with the full knowl-
edge that they were mineral bearing and
could not be SO patented under the land
laws of the United States.
Inaugurates General Move.
This suit is said to be only the begin
ming of general move on the part OF the
government to reclaim from the Southern
Pacific oil lands in Kern, Kings and
Fresno counties, valued at many millions
of dollars. The action was brought by
United States District Attorney a. l. Nc
COrmick, and the name of Attorney Gen
eral Wickersham is affixed to the com
plant.
In brief, the suit asks that the patents
to the lands be declared invalid In that
the defendants be required to deed the
lands to the United States free from in
cumDrance or question OF title.
The action was prepared by Attorney
Mccormick and Willis n. Mills of WASH
the Department of Justice.
Other Claims Contested.
Mr. Mills came to Los Angeles about
two weeks ago to hear the opening argu-
ments in the cases brought by George
r. Roberts and Edmund Burke against
the Southern Pacific to oust the corpora
ton from oil lands held under the same
claim as those involved in the suit nled
today.
The suit Is based on the construction of
the act Of Congress of July q, 1866. and
q resolution adopted June -, 1870, under
which the company was allowed to pat
ent every alternate odd-numbered section
for twenty miles on either side OF it's
risht-of-way. in order to encourage the
building OF the road. In this grant min
eraf lands were excluded and 1t is this
clause which is said to render the pat
ent3 Invalid. 1t is said that maps os
record in Washington show tnat the
United States surveyor general desig-
mated these lands as mineral bearing at
the time of making surveys in 19U2, while
the lands were not informally patented
by the railroad until 1904.
The following defendants are named in
the action:
Southern Pacific Company, Southern
Pacific Railroad Company, homer s.
King, trustee: James X. Wilson, trustee;
Central Trust Company of New York,
Equitable Trust Company of New York
and Kern Trading and Oil Company.
List Of Trustees.
King and Wilson. who are residents of
San Francisco, are described as trustees
of a deed executed by the Southern Pa
cific Railroad Company and purporting to
secure the payment of $46,OO9,OOO of the
corporate bonds of the railroad company,
which trust deed is claimed to be lien
upon the lands involved.
The Central Trust Company is said to
be trustee of $5S,0Oo,O 600 in bonds and the
Equitable Trust Company of $500, 900
Of refunding bonds.
The Kern Trading and Oil Company Is
declared in the complaint to be dummy
corporation" organized by the Southern
Pacific. for the benefit Of use'' of the
latter corporation.