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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 affidavits 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 op 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.)

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Creating two additional land districts and chang-

ing the boundaries of the Watertown district. . Dakota. March 23, '82

Accepting the agreement submitted by Crow In-

dians for the sale of a portion of their reservation. Montana. April 11, '82.

Amending act donating public land to certain

States and Territories for agricultural colleges........ April 26, '82.

Creating two additional land districts in .... Nebraska. June 19, '82.

Accepting the agreement with the Shoshone and

Bannock Indians for the sale of a portion of

their reservation.............. Idaho. July 3,

Authorizing the sale of certain lots in city of Hou

Springs ................. Arkansas. July

Accepting the agreement with Crow Indians for

the sale of a portion of their reservation ... Montana. July

Authorizing the sale of the Fort Abercrombie Mil

:::: ::::::

Right of way to certain parties over land and water

.. Minnesota.

of the United States............ Louisiana, July 31, '82.

Right of way for railroad and telegraph line

through the lands of the Choctaw and Chicka-

saw Indians. ..... ......... Indian Ty. Aug. 2, '82.

Providing for the disposition of the Fort Larned

Military Reservation .......... Kansas. Aug. 4, '82.

Restoring the Fort Benton Military Reservation

to public domain ............. Montana, Aug. 4,

Authorizing the disposal of certain lands of the

Umalilla Indians adjacent 10 Pendleton. ... Oregon. |Aug. 5,282.

Right of way through the Papago Indian Reser-

vation. . . . . . . . . . . . . . . . . . Arizona

..Arizona. Aug. 5, '82.

Relinquishing title to certain land in Burlington
to said city of Burlington ...

::::..Iowa. Aug. 7, '82.
In relation to land patents in Virginia Military

District in ................ Ohio. Aug. 7, '82.
Right of way for railroad purposes and telegraph

line at Fort Smith. ............Arkansas. Feb. 17, '83.
Right of way across the Niobrara Military Reser-

vation.................. Nebraska. I Feb. 28, 283.
Amending the act donating public land to certain

States and Territories for agricultural colleges ....... March 3, '83

Creating three additional land districts in . ... 'Dakota. March 3, '83.

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NAME AND CONTENTS.

State or Ter- Date of Ap. U. S. Stat.,

ritory. proval. | Vol. 23.

296

Taking lands in lieu of mineral lands and secure

benefits of the Act of July 2, 1862. ... . Colorado. April 2, '84. Increasing the endowment of the University of

Alabama from the public lands ...... Alabama. April 23, '84. Donating the Military Reservation at Fort Smith

for use of the public schools. . ...... Arkansas. March 13,'84. Repealing section eight of Act of June 15, 1880. Colorado. May 14, '84. Authorizing the sale of a portion of Fort Hays

Military Reservation............ Kansas. June 11, '84. Amending Act of February 15, 1843, relative to

school lands. ::::::::::::::::..... Authorizing claimants to the Rancho de Napa to

prove up their title . . ......... California. June 20, '84. Repealing section one of Act of July 4, 1866, rel. Missouri and

ative to land grant to Iron Mountain Railroad Arkansas. June Right of way to Gulf, Colorado and Sante Fé

Railway Company ............ Indian Ty. July 4, '84. Right of way to Southern Kansas Railroad Com

pany ................... Indian Ty. July 4, '84. Right of way across Fort Robinson Military Res

ervation............ 2 . Nebraska. Jan. 20, '85.
Authorizing the relinquishment of the Camp
Douglas Military Reservation ...

... Utah.
.

Jan. 21, '85.
Releasing Government right to certain land in

Detroit ................. Michigan. Jan. 31, '85. Declaring the forfeiture of certain lands in ... Oregon. Jan. 31, '85. Authorizing the running of boundary lines be. Indian Ty.

tween a portion of ............ and Texas. Jan. 31, '85. Declaring the forfeiture of certain lands granted

to the Texas Pacific Railway Company ......... Feb. 28, '85.
Donating certain lands to the city of Kirwin . . Kansas. March 3, '85.1
Providing for the sale of lots in the town of Peru. Iowa. March 3, '85.
Establishing two additional land districts in. . . Nebraska. May 3, '86.
Amending Act of June 15, 1844, granting land to
Dubuque ....

.... Iowa. May 3, ’86. Right of way through the Fort Selden Military

Reservation. .............. New Mexico. May 18, '86. Authorizing the sale of certain land in Chicago . Illinois. May 27, '86. Right of way through Indian Territory for railroad

purposes ................ Indian Ty. June 1, '36. Amending Act granting right of way through the

lands of the Choctaw and Chickasaw Indians. Indian Ty. June 1, '86. Right of way through Fort Russell and Fort Lar. |

amie Military Reservations. ........ Wyoming. June 30, '86. Right of way through Indian Territory for rail

road purposes............... Indian Ty. July 1, '86. Right of way through Military Reservation at Fort Leavenworth ......

....Kansas. July

July 3, '86,
Forfeiting lands granted to the Atlantic and Pacific
Railroad Company :::

...... Right of way through Indian Territory for rail

road purposes.............. Indian Ty. To sell land at Fort Brady .......... Michigan. Forfeiting certain grants of land made to States for

railroad purposes. ............ ...... July 10, '86. Providing for taxation for railroad-grant lands. .1...... July 10, '86. Transferring certain lands to Baton Rouge and Louisiana and

Marquette ................! Michigan. July 12, '86. Establishing a land office at Lamar, ..... Colorado. Aug. 4, '86. Providing for the settlement of the estates of de.

deceased Kickapoo Indians ........ Kansas. Taug. 4, '86.

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NAME AND CONTENTS.

State or Ter Date of Ap-U. S. Stat.,

ritory. I proval. Vol. 24.

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Relinquishing certain lands to the city and county of San Francisco . ..

.California. Dec. 20, '86. Right of way through the Gila River Indian Reservation ...

im Amending the third section of the Act providing

Jan. 17, '87. :: :::::..... Arizona. for the sale of the Sac and Fox, and Iowa In Nebraska and

dian Reservations ............ Kansas. Jan. 26, '87. Declaring a forfeiture of certain lands granted for railroad purposes . ............::::: Feb.

s Montana. / Right of way through Indian reservations ...

í Dakota.)

* Feb. 15, '87. Granting certain seal rocks to the city and county of San Francisco . ..

: California. Feb. 23, '87. Right of way through Indian Territory for railroad purposes ...

; :::. Indian Ter. Right of way through Whipple Barracks Military Reservation ..::::..

. . . . . . . . . . . .Arizona. Feb. 28, '87. Right of way through Fort Meade Military Reser.

vation. .................. Nebraska. Feb. 28, '87. Right of way through Indian Territory for rail.

way purposes.............. Indian Ter. March 2, '87. Right of way through Fort Douglas Reservation. Utah. March 3, '87. Conveying a certain island in Fox River to

Aurora ......... ...... Illinois. March 3, '87. Right of way through the Crow Reservation .. Montana. March 3, '87. Right of way through the Uncompahgre and

Vintah Reservations ........... Utah. March 3, '87. For the relief of settlers and purchasers of lands. 1{ ebraska ) March 2.'87.

| Kansas. March 3, 87. For the adjustment of certain land grants made by Congress ................

• March 3, '87. Right of way through Indian Territory for rail

road purposes... ........... Indian Ter. Feb. 18. '88. Relinquishing right of United States to certain lands in. :::,:,:,

Feb. 20, '88. Confirming New Midi :::::::.... Kansas.

irming New Madrid location survey. ... Missouri. April 4, '88. Right of way through Fort Crawford Military Reservation .....:

. . . . . . . Colorado, April 16, '88. Right of way through certain Indian lands in . . Minnesota. April 24, '88. Dividing the reservation of the Sioux Indians into

separate reservations ........... Dakota. April 30, '88. Right of way through Fort Riley Military Reser vation. . . . . . . . . . . . . . . . . . Nansas.

.... Kansas. May 9,'88.
Right of way through Indian Territory for rail
road purposes .............. India

.. Indian Ter. May 14,
For the relief of the Omaha Indians. ..... Nebraska. May 15, '88.
Establishing an additional land district in . . . Oregon.
Providing for the survey of certain historic

grounds. . . . . . . . . . . . . . . . . . . . . . May 24, '88.
Granting certain lands for public purposes ... Wyoming May 28,
Right of way through Coeur d'Alene Reservation. Idaho. May 30, '88.
Right of way through Indian Territory for rail.

way purposes.............. Indian Ter. May 30, Right of way through Crow Indian Reservation. Montana. June 4, '88. Right of way through Lac de Flambeau Reser

vation. ................. Wisconsin. June 4, '88 For the sale of certain lands at Fort Leavenworth. Kansas. June 6, '88 Right of way through the Indian Territory . . . Indian Ter. June 26, '88. For the sale of land at Fort Omaha ...... Nebraska. July 23, '88. Right of way through the Siletz Reservation . . Oregon. July 26, '88.

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NAME AND CONTENTS.

State or Ter. Date of Ap U. S. Stat.,

ritory. I proval. Vol. 25.

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Right of way through Nez Perce Reservation . . Idaho.

July 26, '88.
Right of way through Puyallup Reservation . . Washington. July 26, '88.
For the relief of certain settlers upon school lands. Washington. Aug. 6, '88.[

Washington
Issuing patents for donation claims .....1 m Aug. 6, '88.
Granting certain lands to the city of Tuskaloosa . Alabama Aug. 6,
Cancelling certain reservations of land ..... Louisiana. Aug. 9, '88.
Authorizing the lease of school and university

lands in ............ ... Wyoming. Aug. 9, '88. Protecting the purchasers of lands near Denver . Colorado Aug. 13, '88./ Ratifying an agreement with the Shoshone and

Bannock Indians for the relinquishment of cer.

tain land ................ Idaho. Sept. 1,'88. Declaring that certain water reserve lands are sub

ject to the Act of March 3, 1875 :::::: Wisconsin. Sept. 10, '88. Right of way through the Fort Leavenworth Mil. itary Reservation ....

:::::::::::. Kansas. Sept. 10, '88. Right of way through the Fort Morgan Military

Reservation ............... Alabama. Oct. 1, '88. Right of way through the Fond du Lac Indian

Reservation ............... Minnesota. Oct. 17, '88. Securing to Cherokee Freedmen and others, cer

tain proceeds of lands under Act of March 3,

1883 .................. Indian Ty. Oct. 19, '88.
Right of way through the Hot Springs Reserva-
tion. . . . . . . . . : : :....

...... Arkansas.
...:

Oct. 19, '88.
Providing for the disposal of Fort Wallace Mili-

tary Reservation. ........... Kansas. Granting use of certain lands to the city of Tacoma . .....

:::.... Washington. Dec. Establishing a land offices Establishing a land office at Folsom . ..... New Mexico. Dec. 18, '88. Right of way through the Papago Indian Reser vation. ...

........ Arizona. Jan. 1, '89 Right of way through certain lands in ..... Minnesota. Jan. 16,

Florida,

Alabama, Right of way through public lands in ..

u

} Jan. 17, '89.

& Tennssee. ) Amending the Act of September 10, 1888, for

water reserve lands. ........... Wisconsin. Jan. 30, '89. Right of way through Crow Indian Reservation. Montana. Feb. 12, '89. For the relief of the occupants of the town of

Flagstaff. ................ Arizona. Feb. 13, '89. Amending the Act of February 18, 1888, for right of way through. ............. Indian Ty. Feb. 13, '89.

N. Dakota, 1 Admitting into the Union and making donations S. Dakota,

ola, Feb. 22, '89. of public lands to them .........1 Montana,

Washington) Granting title to certain lands to the county of

Randolph . . . . . . . . . . . . . . . . Illinois. Feb. 23, '89. Right of way through Yankton Indian Reserva

tion...................Dakota. Feb. 23, '89. Ratifying the agreement made by Shoshones, Ban

nocks and Sheepeaters Indians , ...... Idaho. Feb. 23,'89. Right of way through the Fort Custer Military Reservation ::::::::::::::..: MO

Feb. 23, '89. Right of way through the Furt D. A. Russell Mil

itary Reservation ............ Wyoming. Feb. 25, '89. Right of way through the Fort Powell Military

Reservation ............... Arizona. Feb. 25, '89.

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Montana.

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