CHAPTER III

FEDERAL LAND GRANTS AND SUBSIDIES

Government Aid Deemed Necessary

Serviceable as local subsidies were, there is no question that the

most important aid granted to the Central Pacific Railroad came from

Congress.[70] It was perfectly well understood on the Pacific Coast

that no transcontinental railroad could be built without the assistance

of the national government. This was the attitude of the California

legislature in 1852, when it instructed its senators in Congress, and

requested its representatives, to vote for an act providing for the

construction of a railway from the Missouri or Mississippi River to

the Pacific Ocean, the cost of which should be borne by the general

government.[71] It was also the position of the Railroad Convention

of 1853, which sat at San Francisco under the presidency of Governor

Bigler, and of that better advertised gathering known as the Pacific

Railroad Convention of 1859, the resolutions of which concerning routes

and state bond issues in aid of railroads gave rise to so much heated

discussion.[72]

Judah’s Activities in Washington

Not only was it the attitude of the Pacific Coast that federal aid

was necessary, but, still more important, Judah was able to advise

his associates that Congress looked with favor upon the plan. He was

convinced of this of his own personal knowledge, for he had been in

Washington both on his own account and as a delegate of the Convention

of 1859, and had reported to his constituents that only the pressure of

more important matters arising out of the Civil War prevented favorable

action upon the bill which they had sent him east to support. Upon this

information, indeed, much of the plans of the Huntington-Stanford group

was based.

Late in 1861, the Central Pacific Railroad sent Mr. Judah to Washington

to solicit whatever aid the federal government might be disposed to

give. We have in Judah’s report upon this visit, dated September

1, 1862, a very full account of his negotiations. Judah sailed for

the Atlantic states on October 10, 1861. During the trip he busied

himself in talking with Mr. Sargent, Congressional representative from

California, who was his fellow passenger, and in writing up the results

of the survey which he had made during the summer of 1861. On his

arrival in New York he completed this report, caused 1,000 copies of it

to be printed, and distributed the copies widely where he thought they

would do most good. Late in November, after conference with Senator

McDougal, of California, chairman of the Senate Pacific Railroad

Committee, he proceeded to Washington.

From the time of his arrival there to the following July, Judah was

engaged in energetic lobbying. His brief previous visits to the

capitol had acquainted him with the routine of business there, as well

as with the personalities of a considerable number of Congressmen.

He was aided, also, by the fact that Sargent, at the opening of the

session, was assigned to the Pacific Railroad Committee of the House,

and by the further circumstance that, with questionable propriety,

he, Judah—interested in the outcome of the pending legislation as he

was—was made clerk of a subcommittee of the House Committee on Pacific

Railroads and secretary of the Senate Pacific Railroad Committee, with

the privilege of the floor of the Senate and of the House, and charge

of all the papers of the Senate committee.

From this position of advantage Judah was able to watch the progress

of the Pacific Railroad bill which Mr. Sargent presently introduced,

and to guide it to a certain extent. We know that it was Judah who

procured the assent of the Kansas company mentioned in the bill to a

change which required its road to meet the Union Pacific at the 100th

meridian instead of at the 102d meridian. It was Judah also who secured

the passage of the amendment retaining for the Central Pacific the

timber on mineral land. Mineral lands were excepted from the lands

granted to the Pacific railroads, and Judah was afraid lest this clause

should deprive the Central Pacific of all benefit from a large part of

the lands nominally given it. It was probably Judah, also, though this

is less certain, who secured a change in the terms of the government

subsidy increasing the amount and altering the distribution so that the

largest payments were made for the road across the Sierras and not for

the section east of the California state line, where the difficulties

of construction were less. These were important matters, and Judah

should not have been permitted to urge them from the vantage point of

an official position.[73]

It is perhaps natural to ask whether there is any evidence of improper

methods used by the Central Pacific to obtain the passage of the

Pacific Railroad bill beyond that just referred to. The weight of the

record is in the negative. According to Stanford, Judah had $100,000

in Central Pacific stock at his disposal to cover his expenses in the

East. This stock was not worth much, and Judah did not use all of it.

Besides this, Judah made an agreement with Hon. S. A. McDougal and

Hon. T. G. Phelps, according to which he assigned to certain parties

representing the interests of the San Francisco and San José Railroad,

the rights, grants, and franchises of the Central Pacific for the

portion of road between Sacramento and San Francisco. This looks like

an attempt to quiet opposition in California, from which some of the

California delegation may have profited. There is no further evidence,

however, of any improper bargaining in connection with the passage

of the bill, and it is probable that no money was corruptly used. If

there had been, Campbell and Sargent would hardly have been naïve

enough to send a letter to Judah in behalf of sixty-three senators and

representatives, thanking him for his valuable assistance in aiding the

passage of the Pacific Railroad bill.

The Pacific Railroad Act

Let us now consider the terms of the federal legislation of 1862 and

1864. The Pacific Railroad Act in its first form was signed on July 1,

1862,[74] and accepted by the company by letter dated November 1.[75]

Bancroft says that the company was aware that the assistance offered

in this act was not sufficient. The subsidy alone would not build the

road, and capitalists would not subscribe on the security offered.

However this may be, Judah arranged for the purchase of locomotives,

cars, and railroad iron before he left the East, and took measures

also to secure early action by the President on the question of gauge,

and on the establishment of the western base of the Sierra Nevada

Mountains.[76]

In December, after Judah’s departure, a bill was introduced to amend

the Act of July, 1862. This measure passed the Senate but was not acted

upon by the House. A year and a half later, however, a new act was

passed by both houses, and became law on the 2d of July, 1864, amending

the Act of 1862, and materially increasing the aid which the Central

Pacific was to enjoy.[77] To all intents and purposes the Acts of 1862

and 1864 were one piece of legislation, and will be treated as such in

the analysis which follows.[78]

Grant of Right-of-Way

What now were the advantages secured to the Central Pacific by the

Acts of 1862 and 1864, and what were the obligations placed upon that

company? We will take up first the advantages, not necessarily in order

of importance.

The first concession which the Central Pacific received under this

legislation was the authority to complete its line from Sacramento to

the eastern boundary of the state of California and thence eastward 150

miles, provided that the Union Pacific had not by that time built west

to a connection with it. The company was also authorized to build west

and south from Sacramento to San Francisco, or to a point nearby. The

Act of 1862 had contained no limitation on construction eastward beyond

the reference to a Union Pacific connection. Huntington said later that

the restriction of 150 miles should not have been inserted in 1864. He

added, however:

I said to Mr. Union Pacific when I saw it, I would take that out

as soon as I wanted it out. In 1866 I went to Washington.... I saw

probably every member of Congress and the Senate except a few men who

were interested in the Union Pacific, or had a direct interest in the

Credit Mobilier.... We passed it through the Senate; I think we got

thirty-four against eight opposed to it. I took it over to the House

and old Thad Stevens attended to the bill for me, and it went through

the House with a vote, I think, of ninety-four for the bill and

thirty-three against it.[79]

Judah said of the clause as it stood in 1862, that it virtually

conceded to the company the right to construct at least one-half of the

line of the Pacific Railroad. He was positive that it would be found

advisable to undertake construction for about 300 miles easterly from

the state line of California.[80]

In addition to the authority to build, the Central Pacific was given a

free right-of-way 400 feet wide across all government lands, besides

necessary grounds for stations, machine shops, etc., with the privilege

of taking earth, stone, timber, and other materials from the public

lands adjacent to the line of said road for purposes of construction.

Land Grant

The company was also granted ten alternate sections per mile of public

land on each side of the railroad on the line thereof, and within the

limits of 20 miles on each side of the road. The government undertook

to extinguish Indian titles, but did not include in its grant mineral

lands except coal and iron lands, or lands sold, reserved, or otherwise

disposed of by the United States, or lands to which a pre-emption,

homestead, swamp-land, or other lawful claim might have attached at the

time the line of the road should have been definitely fixed. The grant

was thus not of a specified number of acres, and no compensation was

provided to the company for lands which might prove to be occupied;

but in order to prevent speculation and in a measure to safeguard the

company’s interests, it was provided that at any time after the passage

of the act, and before July 1, 1865, without waiting for definite

location of the road, the company might designate the general route and

file a map, whereupon the Secretary of the Interior should cause the

lands within 25 miles of said route to be withdrawn from pre-emption,

private entry, and sale. When any portion of the route should be

finally located, the Secretary of the Interior should cause the granted

lands to be surveyed and set off so far as might be necessary. As a

matter of fact, Judah filed his map and general designation before he

left Washington in 1862. Lands were to be conveyed to the company on

completion of stretches of 20 consecutive miles. A special clause,

never enforced, provided that all granted lands not sold or disposed

of by the company within three years after the entire road should have

been completed, should be subject to settlement and pre-emption like

other lands, at a price not exceeding $1.25 per acre to be paid to the

company.

Government Subsidy

In the way of a subsidy, Congress ordered the Secretary of the Treasury

to issue to the Central Pacific, United States 6 per cent 30-year

bonds, in amounts varying from $16,000 to $48,000 per mile. The

subsidy of $48,000 was granted for the 150 miles east of the western

base of the Sierra Nevada Mountains, this being the most mountainous

and difficult portion of the road. East of this section of line the

Central Pacific bond subsidy was to be $32,000 per mile, but west of

it, it was to be only $16,000 per mile. It was the understanding of the

company that these bonds were not redeemable by the government before

maturity, and that until that time the interest charges were to be

taken care of by the government. This last point was later the subject

of litigation in which the company’s contention was sustained.[81]

The subsidy offered by the government inured to the company on the

completion of sections of 20 consecutive miles over the greater part

of the road, except that bonds might be issued up to two-thirds of the

value of uncompleted work when the chief engineer of the company should

certify that a certain proportion of the work required to prepare the

road for its superstructure had been done.

Company’s Obligations

In return for these very considerable privileges, the demands made

upon the Central Pacific do not seem to have been excessive. First and

foremost, the company was required to build its road at the rate of

25 miles each year after filing its assent to the provisions of the

act, and to reach the state line within four years. The track upon

the entire line was to be of a uniform width, to be determined by the

President of the United States, so that, when completed, cars could be

run from the Missouri River to the Pacific Coast. The grades and curves

were not to exceed the maximum grades and curves of the Baltimore and

Ohio Railroad, and the whole line of railroad and branches, Union

Pacific and Central Pacific included, was to be operated and used for

all purposes of communication, travel, and transportation, so far

as the public and the government were concerned, as one connected,

continuous line.

In the second place, demand was made that the company should pay the

principal of the government bonds at maturity, and should meanwhile

make certain payments on account of principal and interest. The

following section taken from the Act of 1862 shows that there is no

basis for the contention sometimes made that the government originally

expected no repayment of its loan.

_And be it further enacted_ that the grants aforesaid are made upon

condition that said Company shall pay said bonds at maturity, and

shall keep said railroad and telegraph line in repair and use, and

shall at all times transmit dispatches over said telegraph line, and

transport mail, troops and munitions of war, supplies and public

stores upon said railroad for the Government, whenever required to do

so by any department thereof, and that the department shall at all

times have the preference in the use of the same for all the purposes

aforesaid (at fair and reasonable rates of compensation, not to exceed

the amounts paid by private parties for the same kind of service),

and all compensation for services rendered for the Government shall

be applied to the payment of said bonds and interest until the whole

amount is fully paid. Said Company may also pay the United States,

wholly or in part, in the same or other bonds, treasury notes, or

other evidences of debt against the United States, to be allowed at

par, and after said road is completed, until said bonds and interest

are paid, at least five per-centum of the net earnings of said road

shall also be annually applied to the payment hereof.[82]

In 1864 this section was changed by requiring only one-half of the

compensation for services rendered to the government to be applied to

the payment of bonds issued by the government in aid of construction,

but the declaration that the bonds should be paid was not altered. Not

only was this true, but the government demanded security for repayment.

In 1862 it declared that the issue of said bonds and delivery to the

company should _ipso facto_ constitute a first mortgage on the whole

line of the railroad and telegraph, together with the rolling stock,

fixtures, and property of every kind and description. In 1864 the

lien of the United States bonds was subordinated to that of a second

mortgage, but the idea of some security was preserved.

Third, the government reserved the right to reduce the rates of fare

upon the Central Pacific, as well as upon the other railroads provided

for in the Act of 1862, as unreasonable, when net earnings should

exceed 10 per cent upon cost, exclusive of the 5 per cent to be paid to

the United States.

Fourth and last, an annual report was asked for, which was to set forth

earnings, expenses, indebtedness, the amount of stock subscribed, a

description of the lines of road surveyed, and the names and residences

of the stockholders.

Amounts Granted

It is evident that these demands were very moderate indeed. Under

the provisions of the Acts of 1862 and 1864, the Central Pacific and

Western Pacific railroads received $27,855,680 in government bonds,

and 10,081,945.18 acres in public lands (up to June 30, 1920). From

the bonds the companies realized $20,735,000, or $24,092 per mile.

From the lands, the Central Pacific received, up to June 30, 1919, the

approximate sum of $17,430,000, about equally divided between receipts

from sales and receipts from other sources, including leases, stumpage,

timber, and miscellaneous. The expenses of the land department may be

estimated at $7,000,000, and the net return therefore was $10,000,000.

The yield of the bond subsidy not only exceeded the returns from the

granted lands, but the subsidy was ten times the aid received from

the state and counties put together, and of course many times the

contribution of the partners themselves. What was almost as important,

the grant of this federal assistance at once raised the company’s

credit, so that it could sell its own first mortgage bonds. The sale

of company bonds yielded $20,750,000, or a total of $41,485,000, for

government and company bonds together, directly attributable to federal

aid, and almost immediately available.

From the point of view of serviceability, the land grant referred

to in the Pacific Railroad legislation was much less important than

the subsidy in bonds. Government lands along the line of the Central

Pacific had no value until the road was completed, nor even then

until the slow process of settlement had filled up in a measure the

territory through which the railroad ran. Nor was the amount of the

grant so definite as to make it a satisfactory basis for credit,

although land grant bonds were sold in and after 1870. The theoretical

grant was twenty sections, of 12,800 acres to the mile. The grant did

not, however, follow the sinuosities in the track, so that in the

mountain sections it was quite possible for two miles of railroad to be

constructed and yet only one mile of land grant to be obtained.

Not only was this true, but the exceptions provided for in the

legislation were important. The records show that the saving clauses

in the statutes, coupled with the inaccessibility of some of the lands

within the nominal grants, and the differences between the actual

mileage of the railroad and the mileage upon which land was awarded,

reduced the area passing to the railroad by many hundred thousand

acres. In California the Central Pacific was entitled to a nominal

grant of 1,843,000 acres, at the rate of twenty sections per mile

for a mileage of 144 miles. At least 887,000 acres of this amount

were known to be lost to the grant as early as 1895, while the final

adjustment will scarcely secure for the company more than half the

amount originally expected. In Nevada the company’s losses approximated

one-ninth and in Utah one-quarter of the nominal grant. The losses on

the California and Oregon up to 1897 were 962,703 acres out of a total

grant of 3,266,729 acres, but in this case the law permitted the

company to select additional lands within “indemnity” limits.

Delays in Transferring Title

How far the government lands failed in providing the Central

Pacific with funds with which to build its road, however, can best

be understood when attention is paid to the delays incident to the

transfer of title. The general procedure in transferring title from the

government to the company was as follows:

Under the Act of 1864, the Central Pacific was entitled to receive its

lands upon completion of stretches of 20 consecutive miles in a fashion

acceptable to commissioners appointed by the President of the United

States. Upon acceptance by the government, the sections of land to

which the company was entitled were listed and mapped and sent to the

United States Land Office in the land district in which the land was

located. The lists were examined there by registrars and receivers, and

when declared cleared, the railroad company paid for the surveying,

selecting, and conveying. Upon the payment of the fees, the lists were

certified by the Surveyor-General of the state, and forwarded to the

General Land Office at Washington for further examination. If found

correct by the office in Washington, patents were issued. If there was

doubt, the questionable cases were held for further examination.

In all this procedure delays were frequent. The initiative in the

process of conveyance of land lay with the railroad company and not

with the government, so that failure to file lists with the local land

office or failure to pay into the United States Treasury the cost of

surveys of listed lands prevented progress in the distribution of the

grant. On the other hand, the slowness of the government in making

surveys hindered the railroad in its selections. Still another reason

for delay was the fact that within the mineral belt the Commissioner

of the General Land Office required the railroad to file affidavits

defining the mineral or non-mineral character of lands by 40-acre

tracts. This requirement arrested the selection and patenting of lands,

because the government survey did not subdivide tracts of 640 acres,

and there was no way of identifying any particular sixteenth section

of a tract. There were delays also in determining the title to lands

claimed by homesteaders and pre-emptors, and there were delays due to

the faulty organization of the Federal Land Office.

Land Office Responsible for Delays

Opponents of the Central Pacific freely charged that the company

refrained from patenting its land in order to avoid the payment of

taxes. This the company denied, pointing to the fact that the lands

listed to June 1, 1887, exceeded the lands patented by 622,612.54

acres, and that the cash deposited with the United States Land

Department to cover the cost of surveys exceeds the amount charged

against the company up to January 15, 1886, by $28,771.92.[83] Mr.

Stanford declared that it was the policy of the company to select its

lands and present lists as promptly as possible, in order that lands

might be disposed of to settlers, and it does appear that it was to

the advantage of the Central Pacific to secure title as quickly as it

could in the mineral belts, because the company was protected in its

possession of land, which later turned out to contain minerals, if at

the time of patenting no minerals had been discovered.

The evidence is clear enough that the delay in the patenting of lands

to the Central Pacific Railroad was due mainly to the inadequacy of

the staff in the General Land Office at Washington and not to the

policies of the railroad itself. This is shown by the wide disparity

between listings and patents. The excess of lands selected over lands

patented averaged 57,000 acres during the five years ending June 30,

1869. During the next five years the average excess was 64,000 acres,

and during the five years ending June 30, 1886, it rose to 248,000. In

1887, as has been pointed out, there was a difference of 622,612.54

acres between the amount of acres which had been listed and those

which had been passed to patent. Between 1887 and 1897, there was no

year in which the Central Pacific had less than 300,000 acres of land

listed and selected and the selections on file in the General Land

Office for land in California alone. Yet it is not so important to fix

responsibility in this matter, as to observe that the construction

of the Central Pacific was not aided to any material degree by the

lands offered to it under the legislation of 1862 and 1864. Up to

the beginning of 1870, the company had received only four patents,

totaling 144,386.63 acres,[84] which if sold at $2.50 per acre would

have brought it $360,966.57. As a matter of fact, less than this was

disposed of in the early years, and what was sold was on terms, not for

cash in hand. In the later period, land-grant bonds with a lien on the

land grant were sold to investors. The first issue of such bonds was,

however, in 1871.

The bearing of these conditions on the land-grant policy of the United

States is very plain. Congress was legislating in order to get a

transcontinental railroad built. Every form of assistance which could

be immediately transmuted into funds facilitated construction to the

full value of those funds. In contrast with this, assistance which

could be realized on only after a lapse of years, served not as an aid

to construction, but as a reward to promoters for having taken risks.

While to some extent the land grant to the Central Pacific may have

aided the sale of Central Pacific first mortgage bonds, in the main its

effect was to give a grossly excessive and unnecessary profit to a

few persons who held most of the stock of the company, without having

invested any considerable capital of their own. Such a policy needs

only to be understood to be condemned.

Fixing Western Base of Sierras

Both the subsidy and the land-grant clauses of the Acts of 1862

and 1864 were to receive interpretation by the courts. The subsidy

provisions will be discussed again in a later chapter, so that the

provisions designated to secure repayment of the government loan need

not be considered at this time. Mention may be made, however, of

President Lincoln’s action in fixing the western base of the Sierras at

the point where the line of the Central Pacific crossed Arcade Creek

in the Sacramento Valley, a location 7 miles east of Sacramento, in a

country which a casual observer would not be likely to call mountainous.

It is not at first sight evident why this point was chosen. The

junction of Arcade Creek and the Central Pacific Railroad happens to be

at about the edge of the alluvial plain of the Sacramento River, and so

is marked by a slight rising of the ground. The rise is not, however,

great. The beginning of the Sierra granite is at Rocklin, 22 miles

east of Sacramento, and this spot rather than the one selected has the

better right to be considered the real beginning of the mountains, so

far as any single point can be fixed. As a matter of fact, the advisers

of the President, who were in this instance the political authorities

of the state of California, made their recommendation on the strength

of what they conceived to be the purpose of the federal act rather

than on scientific grounds. Mr. Whitney, state geologist, told the

government that the intent of Congress was clearly to give a subsidy

of $48,000 per mile over the most mountainous section of the road. If,

therefore, he said, a distance of 150 miles measured east from the

point in the Sacramento Valley where the ascent commenced would clear

the most difficult and mountainous portion of the Sierra Nevadas and

reach the valley on the eastern slope, then it seemed reasonable that

the base of the Sierra Nevadas should be taken as beginning at that

point. He recommended the place where the line of the Central Pacific

crossed Arcade Creek as such a point.

The same place was selected by the Surveyor-General of the state of

California, on the principle that the two extremities of the 150

miles upon which the maximum subsidy was to be given should rest upon

corresponding grades, the one to the west, the other to the east of the

mountains. These two recommendations seem to have been controlling,

although the United States Surveyor-General for California suggested a

location further east, where the ascending grade of the Sierras became

plainly perceptible to the naked eye.[85] Since this interpretation of

the act increased the bond subsidy which the Central Pacific was to

receive, the company naturally made no objection.

Conditions of Land Grant

In regard to the land grant, the Land Office was called on for a great

many decisions after 1864, mostly in interpretation of the exemptions

carried in the federal legislation. The cases were not all brought by

or against the Central Pacific, but they nevertheless affected its

rights.

In general, the grant of land to the Central Pacific was held to be

an absolute unconditional present grant. The route not being at the

time determined, the grant was in the nature of a float, and the title

did not attach to any specific sections until they were capable of

identification. When once identified, however, the title attached to

specific sections as of the date of the grant, except in the case of

sections which were specifically reserved.[86] While the grant was

a present grant, it conveyed only land which was public land, that

is to say, portions of the public domain which were open to sale or

other disposition under general laws at the time the grant was made.

This definition did not include lands which became public subsequent

to the date of the grant, or lands reserved by competent authority for

any purpose or in any manner, whether or not the reservations were

mentioned in the granting act.[87]

It followed from the theory that the land grant was a present grant,

that a valid homestead entry existing at the date of the passage of

the Land Grant Act excepted the land covered from the area granted to

the railroad even though the entry were canceled prior to the definite

location of the railroad line.[88] The same effect was produced by an

uncanceled and unexpired pre-emption claim, or by any other valid claim

or reservation which was alive at the date of approval of the granting

act. In cases like these the cancellation of the claim restored the

land in question to the public domain, but did not operate to replace

it within the railroad grant.[89]

Yet, although the theory that the grant took effect as of the date of

the granting act was strictly applied against the railroad, the settler

enjoyed the protection of a milder rule laid down in the statute

itself. Section 7 of the Act of 1862 required the railroad company

to designate the general route of the road within a stated time, and

instructed the Secretary of the Interior thereupon to withdraw lands

within 15 miles (changed to 25 miles in 1864) of the route designated

from pre-emption, private entry, and sale; and Section 3 provided that

the land grant to the railroad should not include lands to which a

pre-emption or homestead claim might have attached at the time the

line of road was definitely fixed. Pre-emption or homestead claims

might therefore be established after the passage of the land-grant

statute, provided that this was done before the lands were withdrawn

from settlement.[90] Indeed, the Secretary of the Interior ruled that

settlement and occupation exempted land from the grant even though

the settler failed formally to assert his claim.[91] After the lands

embraced in the grant were withdrawn from pre-emption, private entry,

and sale, a settler could not secure acreage by subsequent occupation,

although he settled prior to the time when the Central Pacific acquired

actual title.

Losses Due to Spanish and Mexican Grants

A class of cases distinct from those of ordinary settlers arose in

connection with Spanish and Mexican grants. It appeared that when

California became a state, the Spanish and Mexican grants were both

indefinite and unrecorded, so that it was not known just what lands

were public domain and what lands were private. On March 3, 1861,

Congress passed an act creating a Board of Land Commissioners in

California, and provided that all persons claiming land in California

by virtue of any right or title derived from either the Spanish or

Mexican governments, should present the same to the board within two

years for adjudication, with privilege of appeal to the United States

courts.[92]

Following this act, many claims were presented. The United States

Supreme Court held that land within the boundaries of alleged Spanish

or Mexican lands which were _sub judice_ at the time the Secretary of

the Interior ordered the withdrawal of lands along the route of the

road, were not embraced in the land granted to the company. There were

many sections of California lands which were _sub judice_ on August

2, 1862, and this fact caused serious loss to the Central Pacific in

its grant in California. In addition to losses from the cause just

mentioned, the company suffered from the indefiniteness of the Spanish

and Mexican grants, and from the delay in determining the extent and

boundaries of the Spanish and Mexican claims.

Policy Toward Settlers

It was the policy of the company to invite settlers upon its lands

before the lands were patented, and then to select and apply for

patents on lands which settlers desired to buy.[93] Sometimes, indeed,

the company leased unpatented land to cattlemen at low rates, in spite

of its lack of title. Actual transfers were made by bargain and sale

deed warranting to the purchaser the entire title acquired by the

company from the federal government. The prices ranged from $2.50 to

$20 per acre, but little was sold at a price above $5. Usually land

covered with tall timber was held at $5, and that covered with pine at

$10. The actual cost to the purchaser was slightly greater, because

he was compelled to pay for the acknowledgment of three signatures to

the deed, and for the recording, amounting in all to perhaps $5.50

or $6. On the other hand, the company granted as much as five years’

credit, and through the practice of selling land seekers’ tickets

from San Francisco, Sacramento, San José, Lathrop, and Los Angeles to

points along the line of railroad, which were accepted as cash on the

purchaser’s first payment for his land, it practically furnished free

transportation for California terminals to the sections bought. This

last practice, at least, was in force on the Southern Pacific in 1880,

and presumably on the Central Pacific also.

All in all, the Central Pacific does not seem to have attempted to

withhold its lands from the market, and there is no evidence that the

settlement of the coast was retarded by the inability of prospective

settlers to get land. The price which the Central Pacific could exact

was held in check by the retention by the government of alternate

sections, while the large sums which the company spent for advertising

redounded to the advantage of the government as well as to that of the

railroad. To the general statement that the Central Pacific was not

unreasonably grasping in its capacity as landed proprietor, exception

must be made of its treatment of timber lands in the North, of which

mention will be made elsewhere.

The land-grant policy of the government was a mistake, but it was a

mistake because it unnecessarily enriched a few men by securing to them

an extravagant share in the unearned increment due to the development

of the state of California, without aiding them materially in the task

which the government most desired them to perform—not because the

grantees endeavored to build up landed estates or to discourage the

growth of population. Compared with the land grant, the bond subsidy

was distinctly the better policy.

Chapters on the History of the Southern Pacific · 第 3 / 25 章