« ZurückWeiter »
verted into other material, its then value, and receive for making transcripts for in- proved March 3, 1877.) This refers to the less what the labor and expense of the dividuals, or furnishing any other record fees provided for in the tenth and twelfth trespasser and his vendor have added to information respecting public lands or subdivisions, Sec. 2238, R. S., above menits value, is the proper rule of damages. land titles in his consolidated land district, tioned. The amount of these fees in every
3. Where a person or corporation is a such fees as are properly authorized by the case is to be ascertained by counting only purchaser without notice of wrong from a tariff existing in the local courts of his the words actually reduced to writing, and willful trespasser, the value at the time of district ; and the Receiver shall receive not the printed words. purchase should be the measure of dam- his equal share of such fees, and it shall The provisions of Sec. 2239, R. S., reages.
be his duty to aid the Register in the pre-lating to transcripts of records at consoliYou will, therefore, in cases where set- paration of the transcripts, or giving the dated land offices are not repealed, and the tlement is contemplated, state the facts desired record information.” (Sec. 2239, fees therein prescribed are to be reported and circumstances attending the cutting R. S.)
and accounted for as heretofore, except in and the purchase of the timber, in such Under the timber lands act of June 3, so far as they relate to lists of lands sold, clear and definite manner that the Su- 1878, the Registers and Receivers in the prepared for State or Territorial authoripreme Court decision, above referred to, States of California, Oregon, and Nevada, ties. can be readily applied.
and in Washington Territory, are entitled, The attention of Registers and ReceivIn cases where settlement with an inno- jointly, at the rate of twenty-two and one- ers is called to Sec. 2242, R. S., which is cent purchaser of timber cut unintention- half cents per hundred words for testi- as follows: ally through inadvertence or mistake, is mony reduced by them to writing for “No Register or Receiver shall receive contemplated, you are instructed to report claimants.
any compensation out of the Treasury for as nearly as possible the damage to the Under the timber culture act of June past services, who has charged or received Government, as measured by the value of 14, 1878, Registers and Receivers are en- illegal fees; and on satisfactory proof the timber before cutting.
titled to the same fees for reducing testi- that either of such officers has charged or N. C. McFARLAND, Commissioner. mony to writing in cases of contest there- received fees or other rewards not authorDEPARTMENT OF THE INTERIOR, March 1, 1883. in provided for as in other contested cases. ized by law, he shall be forthwith removed Approved : H. M. TELLER, Secretary.
This refers to the fees provided for in the from office."
tenth and twelfth subdivisions, Sec. 2238, The circulars of this Office dated May MISCELLANEOUS. R. S., above mentioned.
24, 1879, and April 7, 1881, in so far as CIRCULAR
Receivers must report and account for they conflict with the provisions of the IN RELATION TO FEES FOR REDUCING TESTI- all fees received under the foregoing pro-act of March 3, 1883, are hereby modified. MONY TO WRITING.
visions of law up to and including the You will be held to a strict compliance DEPARTMENT OF THE INTERIOR,
3d day of March, 1883, and from and after with the laws and regulations relating to GENERAL LAND OFFICE, WASHINGTON, D. C., March 23, 1883.
that date the following act of Congress, the matter of fees in all cases. To REGISTERS AND RECEIVERS, United States approved March 3, 1883, is in force :* Registers of land offices have no right, Land Offices.
The provisions of the first section of officially, to receive any moneys whatever, Your attention is called to the following the above act apply only to testimony re-except such as are paid to them by Reprovisions of law :
duced to writing in establishing claims to ceivers as salary, fees, and commissions, " Registers and Receivers are allowed, mineral entries, final proof in preëmp- and the fee of one dollar they are especially jointly at the rate of fifteen cents per tion and homestead cases, and testimony entitled to receive for giving notice of the hundred words for testimony reduced by in contested cases.
cancellation of preëmption, homestead, them to writing for claimants in establish- Receivers will report and account for and timber culture entries, under the act ing preëmption and homestead rights." fees received for reducing testimony to of May 14, 1880. (Sec. 2238, Subdivison 10, R. S.)
writing in timber and stone land entries, All moneys received for services ren“ A like fee as provided in the preced- final desert entries, and final timber cul- dered by either Registers or Receivers, ing subdivision when such writing is done ture entries, as heretofore. In computing under the act of March 3, 1883, are to be in the land office in establishing claims the fees for reducing testimony to writing, paid to the Receiver, who will pay the for mineral lands.” (Sec. 2238, Subdivis- the words actually written by Registers Register his portion thereof. ion 11, R. S.)
and Receivers, or persons in their employ, Should any money be forwarded to the " Registers and Receivers in California, only must be charged for at the rates al. Register, or paid to him, he will at once Oregon, Washington, Nevada, Colorado; lowed by paragraphs 10, 11, and 12, of pay over the same to the Receiver, and Idaho, New Mexico, Arizona, Utah, Wyom- Sec. 2238, R. Š., and no charge is to be where parties address the Register as to ing and Montana, are each entitled to col- made for the printed words. The words the cost of any service required, he will lect and receive fifty per centum on the actually written must be counted and refer the matter to the Receiver for ansfees and commissions provided for in the charged for, and there can be no uniform wer, as he is the proper officer to receive first, third, and tenth subdivisions of this fee of a specified sum applicable to every all fees. section.” (Sec. 2238, Subdivision 12, case of the same class of entries; that is, Receivers will keep an account of the
Registers and Receivers cannot fix the fee fees received for all services rendered “ The Register and Receiver shall be at one dollar or more for each preëmption, under the provisions of the act of March entitled to the same fees for examining final homestead, or mineral entry. 3, 1883, which shall be open to examinaand approving testimony given before the Under the second section of the Act of tion by the Register at any time. judge or clerk of a court in final home- March 3, 1883, authorizing a charge to be N. C. McFARLAND, Commissioner. stead cases as are now allowed by law for made for plats or diagrams, the fees for the DEPARTMENT OF THE INTERIOR, Washington, taking the same. (Act of Congress ap- same is hereby fixed at one dollar for each
D. C., March 23, 1883.
Approved H. M. TELLER, Secretary. proved March 3, 1877.) This refers to plat or diagram showing the tracts taken the fees provided for in the tenth and and those remaining vacant.
WILSHIRE AND SIBBALD. twelfth subdivisions, Sec. 2238, R. S., "The Register and Receiver shall be above mentioned. The amount of these entitled to the same fees for examining
Unrecorded Patent.—The Secretary of the Inter
ior has no power to compel the Commissioner fees in every case is to be ascertained by and approving testimony given before the of the General Land Office to deliver to parcounting only the words actually reduced judge or clerk of a court in final home- ties in interest an unrecorded or undated patent. to writing, and not the printed words. stead cases as are now allowed by law for SECRETARY TELLER to Commissioner McFar
" The Register for any consolidated taking the same.” (Act of Congress ap- land, March 26, 1883. land district, in addition to the fees now
I have considered the appeal of Messrs-allowed by law, shall be entitled to charge *In full among LAND LAWS.
Wilshire and Sibbald attorneys for home.
stead claimants, from your decision of seems to me to be unnecessary, inasmuch murred to these defenses and to the counMay 24th last, declining to deliver certain as, accepting the views of the appellants on ter-claim. The demurrer was sustained undated patents, the records thereof not that subject, I still believe that I would to the defenses, and overruled to the having been perfected, issued in the name have no right to direct you to deliver the counter-claim. The defendants elected to of Antonio de Martinez and others. The patent before the record of the same is stand on their defenses, and final judgappeal is in the nature of a motion for a made in your office. The appeal is dis- ment was accordingly entered on the demandamus to the Secretary to compel the missed.
murrer for the plaintiff for the possession Commissioner to deliver certain undated
of the premises. To review this judgpatents, of which there is no record, be
U. S. SUPREME COURT. ment the case is brought by the defendcause an incompleted record, is not a
ants to this court. record in your office. The facts, which STEEL ET AL. VS. St. Louis SMELTING AND
The amended answer averred that the are undisputed, are set forth in your
defendants were the owners of the land opinion, and need not be repeated ; and Land embraced within a town-site on the pub- in controversy" by superiority of possesupon these facts a question of law arises,
lic domain, when unoccupied, is not exempt sory title and priority of actual posses
from location and sale for mining purposes, sion” of the premises as part of a town. whether the unrecorded patent is, under
even after the establishment of a regular the circumstances, such a one as a court
municipal government, but only from settle- site on the public domain of the United would compel the Commissioner or the ment and sale under the pre-emption laws of States, located and occupied since June, Secretary to deliver. I am of the opin the United States.
1860; that the title of the plaintiff was ion that no court would direct either your- The action of the Land Department in issuing derived from one Thomas Starr, to whom self or myself to give up possession of the
its jurisdiction, is conclusive of the legal title a patent was issued by the United States, paper which these homestead claimants and of all the facts on which it has to pass bearing date on the 29th of March, 1879, now seek. Whatever bearing the cases before issuing the patent, and cannot be at- embracing the premises in controversy. cited by the attorneys for the claimants in tacked collaterally.
And the special defenses set up were that their brief or oral argument may have Hence, in an action of ejectment brought by the patent was void ; that fraud, bribery, upon the question involved in this case I
that the land was not of the character re- perjury, and subornation of perjury were deem it unimportant to discuss, as I am quired for the issue of such a patent, or that used to obtain it; and that Starr, the patconvinced that the case of the United the patentee was not a citizen, or that he had entee, was estopped by his conduct from States vs. Schurz (12 Otto, 378), from
used fraud and perjury in obtaining the pat- asserting title to the premises. which you largely quote to sustain your
The patent, which is subsequently stated
partment had to pass upon, or which could conclusion, completely disposes of the
only be raised by direct proceeding attacking to be a mịneral patent, by which is meant present application; because it shows the the patent.
that it was issued upon a claim for minlatest views of the Supreme Court of the The issue of a patent is conclusive proof that eral land, is averred to be void on these United States on the power of the Land
the requisite notices were given.
grounds: That the land which it emThe point that an owner is estopped from claim- braces was part of the town-site of LeadDepartment over patents and records by
ing land when he has lain by and seen anwhich title to public lands from the United
other make improvements on it can be raised ville when the claim originated, and was Slates is acquired, and sets forth the ex only by one who is ignorant of his defective thus reserved from sale by the laws of Content of the jurisdiction of the Supreme title.
gress; that the land included in the townCourt of the district over the acts of ex Error to the Circuit Court of the site was neither mineral nor agricultural ; ecutive officers of the government in gen- United States for the District of Colo- and that the patentee, Starr, was not a eral, and in what cases it is the duty of the rado.
citizen of the United States, and had not Secretary of the Interior to deliver pat FIELD, J.—This was an action by the declared his intention to become one when ents when demanded. From this decis- St. Louis Smelting and Refining Com- the patent was issued. These grounds are ion it must be ascertained what would be pany, a corporation created under the accompanied with a detail of the facts the result of an application for a manda- laws of Missouri, against Steel and others, upon which they are founded, but they mus by the claimants to the Supreme to recover the possession of certain real are sufficiently stated for the disposition Court of the District, on a refusal by the property in the city of Leadville, Colo- of the questions arising upon them. Commissioner to deliver an unrecorded rado. It was commenced in one of the Land embraced within a town-site on patent. The court, following the lan- courts of the State, and on motion of the the public domain when unoccupied is not guage of the United States vs. Schurz, defendants was removed to the Circuit exempt from location and sale for mining would doubtless hold that the Commis- Court of the United States. The com- purposes; its exemption is only from setsioner has not exercised finally his discre- plaint is in the usual form in actions for tlement and sale under the pre-emption tion in the case at bar; his last official act the recovery of land, according to the laws of the United States. Some of the necessary to transfer title to the claimants practice prevailing in Colorado. It al- most valuable mines in the country are has not been performed—one of the con- leges that the plaintiff was duly incorpor- within the limits of incorporated cities, ditions precedent to the issuing of patents ated, with the power to purchase and hold which have grown up on what was, on its from the General Land Office has not been real estate; that it is the owner in fee, first settlement, part of the public domain ; observed—namely, the record of the com- and entitled to the possession of the and many of such mines were located and pleted patent has not been made in the book premises mentioned, which are described, patented after a regular municipal governkept for that purpose (R. S., 458); and and that the defendants wrongfully with-ment had been established. Such is the until that is done the executive has still hold them from the plaintiff to its damage case with some of the famous mines of retained something in the nature of judi- of $1,000. The plaintiff therefore prays Virginia City, in Nevada. Indeed, the cial authority. The value of a delivered judgment for the possession of the prem- discovery of a rich mine in any quarter is and presumably recorded patent is really ises, and for the damages mentioned. usually followed by a large settlement in the question discussed by the appellant's The defendants filed an answer to the its immediate neighborhood, and the conattorneys; but that is a different question complaint, which appears to have been sequent organization of some form of from that presented by the record, which amended several times, the question pre- local government for the protection of its is whether I have power to direct you to sented for our consideration having arisen members. Exploration in the vicinity for deliver the unrecorded patent to the upon the demurrer to the third amended other mines is pushed in such case by claimants, which, in my opinion, would be answer. That answer denied the material new-comers with vigor, and is often rea violation of the law.
allegations of the complaint, and set up warded with the discovery of valuable It will be noticed that I have not dis- several special defenses and a counter-claims. To such claims, though within cussed the question whether the undated claim for the value of the improvements the limits of what may be termed the site paper is technically a patent or not; that'put on the premises. The plaintiff de-' of the settlement or new town, the miner
acquires as good a right as though his established to supervise the various pro- endless litigation, and be fruitful of evil, discovery was in a wilderness, removed ceedings whereby a conveyance of the title if a supervisory power were vested in the from all settlements, and he is equally en- from the United States to portions of the courts over the action of the numerous titled to a patent for them.
public domain is obtained, and to see that officers of the land department, on mere It is the policy of the country to en- the requirements of different acts of Con- questions of fact presented for their decourage the development of its mineral re- gress are fully complied with. Neces- termination. It is only when those offisources. The act of July 26, 1866, de- sarily, therefore, it must consider and pass cers have misconstrued the law applicaclared that all mineral deposits on lands upon the qualifications of the applicant, ble to the case, as established before the belonging to the United States were free the acts he has performed to secure the department, and thus have denied to and open to exploration, and the lands in title, the nature of the land, and whether parties rights which upon a correct conwhich they are found to occupation and it is of the class which is open to sale. struction would have been conceded to purchase by citizens of the United States Its judgment upon these matters is that them, or where misrepresentations and and those who had declared their inten- of a special tribunal, and is unassailable fraud have been practiced necessarily aftion to become such, subject to regulations except by direct proceedings for its annul- fecting their judgment, that the courts prescribed by law, and to the rules and ment or limitation. Such has been the can, in a proper proceeding, interfere and customs of miners in their several mining uniform language of this court in repeated refuse to give effect to their action. On districts, so far as the same were applica- decisions.
this subject we have repeatedly, and with ble and not inconsistent with the laws of In Johnson v. Towsley the effect of the emphasis, expressed our opinion, and the the United States. This declaration of action of that department was the subject matter should be deemed settled." (104 the freedom of mining lands to explora- of special consideration; and the court U. S., 426. See also Vance v. Burbank, tion and occupation was repeated in the applied the general doctrine, " that when 101 U. S., 514.) act of Congress of May 10, 1872, and is the law has confided to a special tribunal It is among the elementary principles contained in the Revised Statutes. (Sec. the authority to hear and determine cer- of the law that in actions of ejectment 2319.) Both acts provided for the acqui- tain matters arising in the course of its the legal title must prevail. The patent sition of title, by patent, to mineral lands duties, the decision of that tribunal, within of the United States passes that title. -the first act to such as constituted lode the scope of its authority, is conclusive Whoever holds it must recover against claims; the second, to such as constituted upon all others," and said, speaking by those who have only unrealized hopes to placer claims.
Mr. Justice Miller, “ That the action of the obtain it, or claims which it is the excluThe acts of Congress relating to town land office in issuing a patent for any of sive province of a court of equity to ensites recognize the possession of mining the public land, subject to sale by pre- force. However great these may be, they claims within their limits, and forbid the emption or otherwise, is conclusive of the constitute no defense in an action at law acquisition of any mine of gold, silver, legal title, must be admitted under the based upon the patent. That instrument cinnabar, or copper within them, under principles above stated ; and in all courts, must first be got out of the way, or its proceedings by which title to other lands and in all forms of judicial proceedings, enforcement enjoined, before others hav. there situated is secured, thus leaving the where this title must control, either by ing mere equitable rights can gain or hold mineral deposits within town-sites open to reason of the limited powers of the court possession of the lands it covers. This exploration, and the land in which they or the essential character of the proceed is so well established, so completely imare found to occupation and purchase, in ing, no inquiry can be permitted into the bedded in the law of ejectment, that no the same manner as such deposits are circumstances under which it was ob- one ought to be misled by any argument elsewhere explored and possessed and the tained.” (13 Wall., 83, 84.)
to the contrary. lands containing them are acquired. (R. In French v. Fyan, a patent had been It need hardly be said that we are here S., secs. 2386, 2392.)
issued to the State of Missouri for swamp speaking of a patent issued in a case Whenever, therefore, mines are found in and overflowed land, under the act of Sep- where the Land Department had jurisdiclands belonging to the United States, tember 28, 1850. In an action of eject- tion to act, the lands forming part of the whether within or without town-sites, ment by a party claiming title under a public domain, and the law having prothey may be claimed and worked, pro- grant to a railroad company, which would vided for their sale. If they never were vided existing rights of others from prior have carried the title if the land were not the property of the United States, or if occupation are not interfered with. swamp and overflowed, parol testimony no legislation authorized their sale, or if Whether there are rights thus interfered was offered to prove that it was not land they had been previously disposed of or with which should preclude the location of that character, and thus to impeach reserved from sale, the patent would be of the miner and the issue of a patent to the validity of the patent. The court be- inoperative to pass the title, and objection him or his successor in interest, is, when low held that the patent concluded the to it could be taken on these grounds at not subjected under the law of Congress question, and rejected the testimony. The any time and in any form of action. In to the local tribunals, a matter properly case being brought here, the ruling was that respect the patent would be like the cognizable by the land department, when sustained. This court, speaking through deed of an individual, which would be in. application is made to it for a patent; and Mr. Justice Miller, said : “We are of operative if he never owned the property, the inquiry thus presented must necessar- opinion that in this action at law it would or had previously conveyed it, or had ily involve a consideration of the charac- be a departure from sound principle, and dedicated it to uses which precluded its ter of the land to which title is sought, contrary to well-considered judgments in sale ; and, of course, in both cases it is whether it be mineral, for which a patent this court, and in others of high authority, always open to show that the instrument may issue, or agricultural, for which a to permit the validity of the patent to the was never executed by the parties whose patent should be withheld, and also as to State to be subjected to the test of the signatures are attached to it, but is a simthe citizenship of the applicant.
verdict of a jury on such oral testimony ulated document. Where ejectment is We have so often had occasion to speak as might be brought before it. It would founded upon either of these instruments of the land department, the object of its be substituting the jury, or the court sit
--the patent of the government or the creation, and the powers it possesses in ting as a jury, for the tribunal which Con- deed of an individual—the question being the alienation by patent of portions of gress had provided to determine the ques- which of the parties has the legal title, it the public lands, that it creates un- tion, and would be making a patent of the is irrelevant to introduce evidence to show pleasant surprise to find that counsel, in United States a cheap and unstable reli- that one of them ought to have had it, discussing the effect to be given to the ance as a title for lands which it purported and might be able to get it, by a proceedaction of that department, overlook our to convey.' (93 U.S., 172.)
ing in some other tribunal, or in some decisions on the subject. That depart In Quinbyv. Conlan, decided at the other form of action. ment, as we have repeatedly said, was last term, we said: “It would lead to As to the allegations that fraud, bribery,
perjury, and subornation of perjury, were ings even if the charges of fraud and of could tell where the land was situated ; used to obtain the patent to Starr, only a the use of false testimony in obtaining the and that after the defendants discovered few words need be said. The bribery patent were true. They might be satisfied that the notice of the patent embraced and subornation of perjury are alleged to that the patentee was entitled to the pat- lands in the city, they were assured that have been committed by him in inducing ent upon other testimony, or that further they should not be disturbed in their posparties to make false affidavits respecting proceedings would result in a similar con- sessions, and that only a nominal sum the claim patented, to be laid before the clusion, and that therefore it would be un- would be demanded from them, not exLand Department; and the perjury al- wise to reopen the matter. In any event, ceeding twenty-five dollars a lot, and that, leged consisted in his own affidavit as to whether the officers of the government relying upon said assurance, the defendhis citizenship, the possession and work- have been misled by the testimony pro- ants continued making improvements. ing, by himself or grantors, of the claim duced before them or not, the conclusions These allegations are very far from esfor which the patent was issued, and the reached by them are not to be submitted tablishing such an equity in the defendabsence of a town site, embracing the for consideration to every jury before ants as to estop the patentee and those land, and of improvements thereon. The which the patent may be offered in evi- claiming under lim from asserting the fraud alleged is not a specific charge by dence on the trial of an action. As we legal title to the premises. These matters itself, but is made in connection with the said in the case of Smelting Company vs. could not operate to estop the governaffidavit of the patentee and his procure- Kemp: “ It is this unassailable character ment in any disposition of the land it ment of the false aflidavits of others. (of the patent) which gives to it its chief, might choose to make. Its power of The charges amount to this: that false indeed its only, value as a means of quiet- alienation could not be affected until the and perjured testimony was used to in- ing its possessor in the enjoyment of the defendants had performed all the acts refluence the officers of the Land Depart- lands it embraces. If intruders upon them quired by law to acquire a vested interest ment. There is no allegation of improper could compel him, in every suit for pos- in the land, and it is not pretended that conduct on the part of those officers. session, to establish the validity of the they took any steps to secure such an inThe answer to this ground of defense is action of the land department and the cor- terest. Whatever right, therefore, the that it is not admissible in an action at rectness of its ruling upon matters sub-government possessed to use or dispose of law. The validity of a patent of the gov- mitted to it, the patent, instead of being a the property, freed from any claim of the ernment cannot be assailed collaterally means of peace and security, would sub- defendants, it could pass to its grantee. because false and perjured testimony may ject his rights to constant and ruinous liti- The principle invoked is, that one should have been used to secure it, any more gation. He would recover one portion of be estopped from asserting a right to propthan a judgment of a court of justice can his land if the jury were satisfied that the erty upon which he has by his conduct be assailed collaterally on like ground. If evidence produced justified the action of misled another, who supposed himself to a judgment has been obtained by such that department, and lose another portion, be the owner, to make expenditures. It means, the remedy of the aggrieved party the title whereto rests upon the same is often applied where one owning an is to apply for a new trial or take an ap- facts, because another jury came to a dif- estate stands by and sees another erect peal to a higher court; and if the testi- ferent conclusion. So his rights in differ- improvements on it, in the belief that he mony was accompanied with acts which ent suits upon the same patent would be bas the title or an interest in it, and does prevented him from presenting to the determined, not by its efficacy as a con- not interfere to prevent the work or incourt the merits of his case, or by which veyance of the government, but according form the party of his own title. There is the jurisdiction of the court was imposed to the fluctuating prejudices of different in such conduct a manifest intention to upon, he may also institute some direct jurymen, or their varying capacities to deceive, or such gross negligence as to proceeding to reach the judgment. (U. S. weigh evidence. (104 U. Š., 641.) amount to constructive fraud. The owner, vs. Flint, 4 Sawyer, 42; U. S. vs. Throck- It remains to notice the defense of es- therefore, in such a case will not be permorton, 98 U. S., 61 ; Vance vs. Burbank, toppel. The answer of the defendants al- mitted afterwards to assert his title and 101 U. S., 514.) Until set aside or enjoined leges that Starr, the patentee, was living recover the property, at least without it must of course stand against a collateral in Leadville from 1860 until the patent making compensation for the improveattack with the efficacy attending judg- was issued to him in 1879, and was cogniz- ments. But this salutary principle cannot ments founded upon unimpeachable evi- ant of the improvements made and of the be invoked by one who, at the time the dence. So with a patent for land of the large sums of money expended on the improvements were made, was acquainted United States, which is the result of the premises; that he and his grantors fraud- with the true character of his own title, judgment upon the right of the patentee ulently remained quiet in respect to their or with the fact that he had none. by that department of the government to ownership of mining claims there, and (Brant v. Virginia Coal and Iron Co., which the alienation of the public lands is from August, 1870, to the time of their 93 U. S., 327; Henshaw v. Bissell, 18 confided, the remedy of the aggrieved application for a patent, never made Wall., 271.) It will not be pretended party must be sought by him in a court known, either to the city of Leadville or that the defendants did not understand of equity, if he possess such an equitable to the defendants, that he or they claimed all about the title to the land; they right to the premises as would give him a right to any portion of the land ; that knew that it was vested in the United the title if the patent were out of the way. other parties who made similar claims, States; and we must presume that the If he occupy with respect to ihe land no and united with him in securing the pat- patentee gave notice of his purpose to acsuch position as this, he can only apply ent, also stood by and remained quiet; quire it—such as the law required. The to the officers of the government to take that the defendants expended the sum of mode and manner of obtaining a patent measures in its name to vacate the patent five thousand dollars in making improve- for mining lands are minutely prescribed or limit its operation. It cannot be va- ments on the premises in controversy, by the acts of Congress. Among other cated or limited in proceedings where under the claim that they constituted part things, the applicant must file his applicait comes collaterally in question. It can- of a town-site on the public domain ; that tion under them, in the proper land office, not be vacated or limited by the officers there was no mining on the land, and that showing a compliance with the laws, tothemselves. Their power over the land no notice was given that would lead the gether with a plat and the field-notes of is ended when the patent is issued and defendants to suppose that there had been his claim or claims in common, made by placed on the records of the Department. any mineral location made by him and his or under the direction of the Surveyor This can be accomplished only by regular associates ; that Starr published the no- General of the United States, showing judicial proceedings, taken in the name of tice of his application for a patent only in their boundaries; and he must also, and the government for that special purpose. a weekly paper of Leadville, and that the previously to the filing of the application,
It does not follow that the officers of description of the consolidated claim was post a copy of the plat, with a notice of the government would take such proceed-so defective that only a skilled engineer his intended application, in a conspicuous
place on the land. It is a conclusion from
eighteen hundred and eighty-one, the entries so in
advertently permitted to be made by innocent purthe issuing of the patent that this require
chasers, and which are regular in all respects except ment was complied with, and therefore it An Act in relation to certain fees allowed Registers as to time of entry, shall be confirmed as of the
dates of entry, respectively: Provided, however, cannot be said here that the patentee did Be it enacted by the Senate and House of Represent- That no valid adverse claim to any of such lands not give notice of his purpose.
This tatives of the United States of America in Congress had attached prior to the date of such entry. assembled : That the fees allowed Registers and Re
Approved, March 3, 1883. notice, as justly observed by the court ceivers for testimony reduced by them to writing for
[PUBLIC_No. 67.] below, was of itself a warning to all who rights and mineral entries and in contested cases, An Act making appropriations for the legislative, were upon the land, and were about to shall not be considered or taken into account in deter: executive, and judicial expenses of the govern,
ment for the fiscal year ending June thirtietherect improvements upon it, that the onipeng. the maximum of compensation of saiä
eighteen hundred and eighty-four, and for other patentee was applying for a patent, and plication, furnish plats or diagrams of townships in Sec. 2. That Registers and Receivers shall, upon ap- purposes.
Be it enacted, etc., That the following sums be, and thus seeking to obtain the title. And the iheir respective districts showing what lands are the same are hereby, appropriated, out of any money answer admits that the defendants did to receive compensation therefor from the party ob- compensation for the service of the fiscal year endascertain the fact of the application, for taining said, plat e diagramat such rates as may be ing June thirtieth, eighteen hundred and eighty: they aver a subsequent promise of the orice, and bandom cengibani, uproof the Ceneral Lana four, for the objects hereinafter expressed, nansety:
GENERAL LAND OFFICE.-For the Commissioner of applicant to give them a title when the proper State or Territorial authorities, furnish, for
the purpose of taxation, a list of all lands sold in the General Land Office, four thousand dollars ; patent was acquired. Under these cir- their respective districts, together with the names chief clerk, two thousand two hundred and fifty
of the purchasers, and shall be allowed to receive dollars ; law clerk, two thousand dollars; recorder, cumstances the alleged estoppel, like the compensation for the same not to exceed ten cents two thousand dollars; three inspectors of surveyors other matters urged to defeat the action, per entry; and the sums thus received for plats and general and district land offices, to be appointed by
the Secretary of the Interior, at two thousand dol. must fail.
determining the maximum of compensation of said lars each; three principal clerks, at one thousand Though the various matters of fraud,
eight hundred dollars each: thirty-three clerks of
class four; forty-six clerks of class ihree ; fifty-seven perjury, and subornation of perjury, al
clerks of class two; fifty-eight clerks of class one; (PUBLIC_No. 53.]
forty-seven clerks at one thousand dollars each; leged as a defense, are to be taken as true, An Act to amend an act donating public lands to the and ifty-four copyists at nine hundred dollars for the purpose of this decision, they are
several States and Territories which may provide each; eight assistant messengers, twelve laborers,
colleges for the benefit of agriculture and the me- and six packers, at seven hundred and twenty doll not to be taken as true for any other pur- chanic arts.
lars each; in all, four hundred and seventeen thoupose. What we decide is, that if true atives of the United States of America in Congress as
Be it enacted by the
For the actual expenses of inspectors, while on they are not available in this form of sembled, That the fourth section of the act donating duty, and of clerks detailed to investigate fruudu. action, and that any relief against the which may provide colleges for the benefit of agri- cases of official misconduct, ten thousand dollars. patent founded upon them must be sought ond, eighteen hundred and sixty-two, ve, and the Land Office, one thousand dollars.
For law-books, for the law library of the General in another way and by a direct proceeding. same is hereby, amended so as to read as follows:
For connected and separate United States and We have thus considered the proposi- lands aforesaid by the states to which the lands are thousand dollars.
"SEC. 4. That all moneys derived from the sale of other maps prepared in the General Land Office, six tions of law presented by the record, and apportioned, and from the sales of land-scrip herein. SURVEYORS-GENERAL AND THEIR CLERKS.-For com
before provided for, shall be invested in stocks of pensation of surveyor-general of Louisiana, one the matters urged by counsel in his argu- the United States or of the states, or some other safe thousand eight hundred dollars; and for the clerks ment, so far as we have deemed them en- having no state stocks, in any other manner after patent-plats' of confirmed private and claims, also titled to notice. They disclose nothing the legislatures of such states shall have assented to transcribe field notes of surveys in arrears, four
teen thousand dollars; in all, fifteen thousand eight which would justify interference with the less than five per centum upon the amount so in- hundred dollars. action of the court below. Its judgment, vested, and that the principal thereof shall forever For surveyor-general of Florida, one thousand
remain unimpaired : Provided, That the moneys so eight hundred dollars; and for the clerks in his therefore, is affirmed.
invested or loaned shall constitute a perpetual office, three thousand dollars; in all, four thousand
For surveyor-general of Minnesota, two thousand section five of this act), and the interest of which dollars; and for the clerks in his office, eight thonAPARTMENT-BUYING.
shall be in violably appropriated, by each State which sand dollars; in all, ten thousand dollars.
may take and claim the benefit of this act, to the en- For surveyor-general of the Territory of Dakota, The apartment houses are rapidly work- dowment, support, and maintenance of at least one two thousand five hundred dollars; and for the ing a revolution among New York house-college where the leading object shall be without ex- clerks in his office, eight thousand nine hundred
cluding other scientific and classical studies, and in- dollars, in all, eleven thousand four hundred dolkeepers. The magnificent structures erect- cluding; military tactics, to teach such branches of lars.
For surveyor-general of the State of Colorado, ed by Mr. Jose de Navarro and other chanic arts, in such manner as the legislatures of two thousand five hundred dollars, and for the capitalists offer attractions and conveni- the States may respectively prescribe, in order to three clerks in his office, six thousand five hundred
promote the liberal and practical education of the dollars; in all, nine thousand dollars. ences such as ordinary residences do not industrial classes in the several pursuits and profes- Mexico, two thousand five hundred dollars: and for
For surveyor-general of the Territory of New possess, and enable tenants to secure, at a
Approved, March 3, 1883.
the clerks in his office, six thousand dollars; in all, comparatively reasonable rent, the com
eight thousand five hundred dollars.
For surveyor-general of California, two thousand forts and elegance of a palatial mansion.
seven hundred and fifty dollars; and for the clerks To live in a suite in a modern apartment. An Act to exclude the public lands in Alabama in his office, including those completing, translating,
from the operation of the laws relating to mineral copying. and indexing original Spanish archives. house requires less furniture than is ne- lands.
and preserving from destruction originals greatly cessary in a three-story residence, and atives of the United States of America in Congresse at: forniu, thirty-two thousand two hundred and fifty
it of . fewer servants. The minimum of help sembled, That within the state of Alabama al public dollars; in all, thirty-five thousand dollars. consistent with a family's comfort and needs ject to disposal only as agricultural lands: Provided, two thousand five hundred dollars; and for the is reached when stairs are dispensed with however, That all lands which have heretofore been clerks in his office, two thousand five hundred dol
reported to the General Land Onice as containing lars; in all, tive thousand dollars. and the entire household is on the same coal and iron shall first be offered at public sale :
For surveyor-general of Nevada, two thousand
five hundred dollars; and for the clerks in his office, floor. The size of the Navarro and other der the provisions of the homestead law of Yands three thousand dollars ; in all, five thousand fire houses, and the improved methods of ven- within said State heretofore made, may be patented hundred domars. without reference to an act approved May, tenth; five hundred dollars; and for the clerks in his office,
For surveyor-general of Oregon, two thousand tilation, wholly remove the old complaint eighteen hundred and seventy-two: entitled ** An of a want of sufficient air in such dwellings. act to promote the development of the mining re
four thousand five hundred dollars ; in all, seven sources of the United States," in cases where the thousand dollars, The outright purchase of these magnifi- persons making application for such patents have in
For surveyor-general of the Territory of Washingcent apartments, costing from $15,000 to relather the pects complied with the homestead law tom, two thousand five hundred dollars; and for the
clerks in his office, tive thousand five hundred dol$20,000 apiece, and making the tenant abso- Approved, March 3, 1883.
lars; in all, eight thousand dollars.
For surveyor-general of Nebraska and Iowa, two lute owner forever of the portion of the
thousand dollars; and for the clerks in his office, [PUBLIC_No. 61.)
four thousand dollars ; in all, six thousand dollars. building he occupies, is becoming quite fash- An Act to confirm certain entries on the public For surveyor-general of the Territory of Montana, ionable ; and these “flats” are furnished lands.
two thousand five hundred dollars; and for the
Be it enacted by the Senate and House of Represent clerks in his office, eight thousand dollars; in all, and decorated by such occupants, who feel atives of the United States of America in Congress as ten thousand five hundred dollars. that they will stay in them all thelr lives, in price to one dollar and twenty-five cents per acre by two thousand five hundred dollars and for the a style seen only in our richest residences. The act of June fifteenth, eighteen hundred ana clerks in his office, three thousand dollars; in all,
eighty, but which have not been offered at public five thousand five hundred dollars. It is proverbial among house agents that sale at'such reduced price, were inadvertently sola For surveyor-general of the Territory of Wyomthose who once live in the handsome mod-at private entry by the officers of the Land Depart. ing, two thousand five hundred dollars; and for the
ment between the date of the passage of said act clerks in his office, three thousand five hundred dolern apartment-houses never again desire to and the date of the receipt at the local offices of the lars; in all, six thousand dollars.
instructions of the Commissioner of the General For surveyor-general of the Territory of Arizona, occupy a house “all to themselves."
Land Office relative thereto of October tenth, two thousand five hundred dollars; and for the