Without intending to establish any new rule of general practice, I think that where one attacks an existing patent on allegations of fraud, with the purpose of himself entering the land on vacation of the patent, and hearing is ordered to ascertain the facts, he should made such full prima facie showing at his own expense, as will enable this Department to decide whether it will request suit to vacate the patent. If the party attacked desires to rebut such prima facie showing, he also should submit his testimony at the hearing at his own expense, unless he elects to let the matter proceed and take the risk of making his defense in court; and you will direct the local officers to apply this ruling to the present case. BARTOLO VIGIL. Vacation of Patent-Report of Special Agent.-The report of a special agent, to constitute sufficient ground for the recommendation of suit to vacate a patent, should, when not resting on the personal knowledge of the agent, be supported, if obtainable, by at least two afhdavits of persons having a personal knowledge of the facts relied upon to secure the vacation of the patent. Secretary LAMAR to Commissioner SPARKS, December 4, 1886. If the matters stated by the special agent be true, the entry and patent thereon were unquestionably obtained through unmitigated fraud and perjury, and should be set aside. Beyond a knowledge of the condition of the land in January last, when it was visited, nearly four years after final proof was made-the special agent has no personal knowledge in regard to the facts on which his charges of fraud and perjury are based, and in the framing of them has relied entirely upon what he heard others say, who were not under oath at the time. After all the formalties and pre-requisites prescribed by law have been, apparently, complied with by the entryman, it seems to me it would be unwise to ask the Attorney-General to begin proceedings to secure the cancellation of the patent, on the report of a special agent, based on hearsay, as to the matters which alone could bring about the result sought to be accomplished. The agent gives the names of parties, who he says will prove the matters alleged. He should have gone further and furnished the affidavits of at least two persons, who would relate such facts as came under their observation, tending to sustain the charges made. If the facts thus disclosed are such as, uncontroverted, would present a case of fraud and perjury, suit will be recommended. In the future you will please cause to be pursued, in similar cases, the course herein indicated, whenever such testimony is obtainable; and especially whenever the agent is unable to speak from personal knowledge and observation as to the material facts of the case. WILLIAM W. WILSON. Suit to vacate patent, obtained by fraudulent proof as to compliance with law, will not be advised where it appears that the land has passed into the hands of a transferee, in the absence of evidence that such transferee had knowledge of the fraudulent character of the final proof. Acting Secretary MULDROW to Acting Commissioner STOCKSLAGER, December 12, 1887. (6 L. D., 395; 15 C. L. O., 26.) Creating two additional land districts and chang- ing the boundaries of the Watertown district. . Dakota. Accepting the agreement submitted by Crow In dians for the sale of a portion of their reservation. Montana. Amending act donating public land to certain States and Territories for agricultural colleges. Creating two additional land districts in Accepting the agreement with the Shoshone and Bannock Indians for the sale of a portion of Authorizing the sale of certain lots in city of Hot Accepting the agreement with Crow Indians for the sale of a portion of their reservation . Authorizing the sale of the Fort Abercrombie Mil Right of way to certain parties over land and water Right of way for railroad and telegraph line through the lands of the Choctaw and Chicka- Amending the act donating public land to certain Dubuque road purposes To sell land at Fort Brady. Donating the Military Reservation at Fort Smith Amending Act of February 15, 1843, relative to Authorizing claimants to the Rancho de Napa to prove up their title. Arkansas. June 28, '84. Repealing section one of Act of July 4, 1866, rel- Missouri and Right of way to Southern Kansas Railroad Com Right of way across Fort Robinson Military Res Establishing two additional land districts in. . . Nebraska. Right of way through the Fort Selden Military Authorizing the sale of certain land in Chicago. Illinois. Amending Act granting right of way through the Right of way through Indian Territory for rail- Right of way through Military Reservation at Forfeiting lands granted to the Atlantic and Pacific Right of way through Indian Territory for rail Forfeiting certain grants of land made to States for Wyoming. Kansas. Transferring certain lands to Baton Rouge and Louisiana and Arkansas. Kansas. . California. 61 Nebraska. Utah. Michigan. Jan. Indian Oregon. Jan. NAME AND CONTENTS. State or Ter Date of Ap- U. S. Stat., ritory. proval. Vol. 24. Relinquishing certain lands to the city and county Right of way through the Gila River Indian Res- dian Reservations Kansas. Right of way through Fort Douglas Reservation. Utah. . Right of way through the Crow Reservation For the relief of settlers and purchasers of lands. { Nebraska California. Arizona. J Montana. March 2, '87. 446 March 3, '87. 477 Illinois. Montana. March 3, '87. 545 Utah. } Right of way through Indian Territory for rail road purposes. Relinquishing right of United States to certain Confirming New Madrid location survey Right of way through certain Indian lands in . Right of way through Fort Riley Military Reser vation. Right of way through Indian Territory for rail road purposes For the relief of the Omaha Indians. Establishing an additional land district in Providing for the survey of certain historic Granting certain lands for public purposes way purposes Right of way through Crow Indian Reservation. Montana. vation. For the sale of certain lands at Fort Leavenworth. Kansas. Right of way through the Siletz Reservation Nebraska. NAME AND CONTENTS. State or Ter- Date of Ap U. S. Stat., ritory. proval. Vol. 25. Right of way through Nez Perce Reservation. Idaho. Issuing patents for donation claims. {& Oregon. Granting certain lands to the city of Tuskaloosa. Alabama. Declaring that certain water reserve lands are sub- Idaho. July 26, '88. 349 26, '88. 350 Aug. Louisiana. Aug. 9, '88. 391 Wyoming. Wisconsin. Admitting into the Union and making donations S. Dakota, of public lands to them Granting title to certain lands to the county of Jan. 17, '89. 651 & Tennssee. Wisconsin. Jan. 30, '89. 654 Feb. 12, '89. 660 Feb. 13, '89. 668 Indian Ty. Feb. 13, '89. 668 Right of way through Yankton Indian Reservation. Ratifying the agreement made by Shoshones, Bannocks and Sheepeaters Indians. Right of way through the Fort Custer Military Right of way through the Fort D. A. Russell Military Reservation. Right of way through the Fort Powell Military |