Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1912-05-17
ELKO VS. THE
SOUTHERN PACIFIC

The writer having asked STANLEY
Taber to give rim an idea from an
abstracter's point of view. as to
the status of the titles on Raj road
and Commercial streets in the town
of Elko. and If there were any
defects in said titles on account of
the c. p. K. r. Co.'S, received tn G
following information:
The title tn property in the town
of Elko according to the county
records starts with a patent from
the United State to the Central
Pacific Railroad Company for the
whole of Section Is. TIP. 81 n. r..
30 +. M. d. b. & NJ. As all of the
town Of Elko excepting the Ballou
Addition, is in section Is. is in.
cluded in the above patent. This
patent is dated Feb. !, 1877.
Then by deed dated Jan. 81. 1870,
Tie G. Z. X. X. Co. conveyed to
Charles CrocKer all of said Sec. Is,
reserving, however, strip of land
400 feet wide equally on each side
OF the railroad, and also excepting
as refers to the land within the
boundaries of the Town of ElkO,
Elku County, Nevada, where a strip
is rcsers ed lying on each side of
said railroad as is marked and
described on the official map or
plan of said Town, (which map
shows $50 feet on oneside and 100
feet on the other.) Then the
balance Of the transfers TO the
property IN Railroad Street are in
direct line from Chas. Crockcr.
Then going back of the patent,
Section of Act of July /. 1862.
entitled An Act to aid IN the
Construction Of Railroad and
Telegraph Line from the Missouri
River to the Pacific Ocean, and to
secure 10 the Government the use
Of the same for Postal. Military
and Other Purposes?" reads:
"And be it further enacted.
That the right of way through the
public lands be. and the same is
hereby, granted to said Company
tine Union Pacific to the westerly
boundary of Nevada. for the con.
structiun Of said railroad and tela-
graph line; and the right. power.
and authority is hereby given TO
said company to take from the
Public lands adj ja,ent to the line Of
said road. earth, stone. timber ard
other materials for the cOnstruc-
tion thereof; said right Of way is
granted TO said railroads TO the
extent of Two Hundred feet in
~ iNtu WI tdCii SlhS VI SalH I dilI Ddh
whore il may pass over the Publ"
lands including all necessary
grounds for stations. buildings,
switches. turntables. etc"
Section 3 of the Act of July 2
1864, amending the above Act of
July |, 1862, reads.
And be il further enacted That
the Union Pacific Railroad Co. and
all other companies provided for in
this act and the act to which this
is an nrndnent, be. and hereby
are, empowered to enter upon,
purchase, and hold Any lands o
premises that may be necessary
and proper for the construction
and working Of said road, not
cxccecing in width One Hundred
feet on each side of its center line,
etc, An in case the owner or
clai rant of such lands or premises
and such company cannot agree as
to th2 damages, tn amount shall
De determined by the appraisal of
three disintcrestcd parties, etc"
Following are two cases similar
to the Elko case:
The United States Supreme
Court in the Case Of the Northern
Pacific Railway Co. vs.. Abner
Townsend, 100 U. s. Sup. Court
Reports. page 267, October, 1902,
decided that adverse ownership
for private use under state
statute of limitations can confer
no tile on an individual to q
portion of the right of way granted
by the Act Of Congress Of July 2,
1864, to the Northern Pacific Rail-
road Company for the construction
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