Los Angeles herald., 1910-10-09
BALLINGER HOLDS
GRANT FOR S. P.
5eCretary Favors the Railroads
Claim to Land as Against
Entry of HomeSteader
BARS SETTLERS FROM TRACT
Department of Interior Disputes
Decision of the U. S. Su-
preme Court
BARS SETTLERS FROM TRACT

Who owns sections II, 10 and 21,
township 4 nortn, range 1 west, S. b.
M? This question has been given Up,
apparently, by the department of the
interior.
Interesting disclosures in regard to
the land have grown out OF al effort
on the part of a Los Angeles man TO
obtain part of it. In letter oateo
March "a, the interior depa tment mo-
titled William Thompson of SIS South
igueroa street, who had made 1nqu1r-
les regarding the land, that the sections
had been patented to the Southern IA
cific company as within the thirty mile
or indemnity limits of the branch line
grant by act Of arch 8, 1871.
The letter further states that the
tracts, being also within the over
Tapping thirty mile or indemnity limits
of the grant of July 27, 1856, appear to
have been restored to entry by clfcu-
lar of April 13, 1898, in accordance with
the terms of the decision of the su-
preme court of the United states IN
the case of the Southern Pacific Ral =
road company, ct al, VS.. united Stales'
holding that said Southern Paclhc COM
nany had no right, under its branch
li-e grant of 1871, to lands within the
overlapping limits of the grant by act
of July 27, 1866, to the Atlantic ana
Pacidc Railroad company, which was
ted, and that the same are PUBIC
lands. ..o
1t is stated that en- July 30, 1903,
Marie L. Brown made desert lana
entry for the east half of section I'll
ENTRY CANCELLED
Replying to further inquiries regard
ing the lands, and under date OF April
26 last, the interior department, aIter
reiterating its findings with regard to
the lands, adds that no attempt mas
heen made to determine whether an
entry was properly allowed OF SAID
lands.
The letter calls attention to ruling
of the department September To- a9VS'
relative to the Marie L. Brown entry,
in which it was held that whlle II
was clear that this land was excepted
from the operation of the Southern Pa
cific grant, and was enormously pat
ented Hereunder, there had been no
specific recovry of title thereto ana tne
allowanc of said entry was erroneous.
Tt accordingly was held for cancella-
ton.
Mrs. Brown relinquished her claim
September 2S, 1909, and applied Tor the
repayment of the purchase money. The
decision of September 15 thereupon
was declared final and her entry can
celled.
In the last letter from the interior de-
partment, dated october l, 1t IS stated
that as the title to said sections re-
mains outstanding IL the Southern Pa
cific company, no instructions can be
issued to the Los Angeles land office
authorizing the allowance OF entries
on the sections under the lands laws OF
the United States. The request that
instructions issue to the local land Of
fee therefore was refused.
Thus, although the United States su-
preme court has declared that the
Southern Pacific company does not
hold title to the lands, the interior de-
partment, which is under the direction
of Secretary Ballinger, is still posi-
five that they do not belong to the
United States, and persons anxious to
file upon them are unable to do so.