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clerks in his office, three thousand dollars ; in all, For surveying private land-claims in California, Isaac W. Kitchen, Carleton Placer Mine. five thousand five hundred dollars.
eighteen hundred and eighty and prior years, twenty-
John Stokes, Placer.
El Dorado County.
and eighty and prior yeårs, one thousand three hun-
Geo. E. Williams, Tong Qtz. Mine.
For surveying the northern boundary of Wyoming, the Territory of Dakota.
Humboldt County. one thousand dollars. Be it enacted by the Senate and House of Representatives of the United States of America in Congress as-lands, sixty-five dollars and fifty cents.
For adjusting claims for indemnity for swamp Stone Lagoon G. Mg. Co., Placer. sembled, That all that part of the Territory of DaApproved March 3, 1883.
Placer County. kota bounded as follows, to wit, commencing at the most easterly point where the Missouri River crosses the second standard parallel : thence up and along An Act authorizing the trustees of the Isherwood
P. Molter et al., Mammoth Placer Mine. said river to the most westerly point where said river
Plumas County. crosses said parallel; thence west on said parallel to
estate to amend a certain plan of subdivision of the south fork of the Cheyenne River; thence south
said estate, recorded in the land-records of the Dis- G. W. Meylert et al., Nigger Gulch Placer west along said south fork of said Cheyenne River to
trict of Columbia.
Mine. the twenty-sixth degree of longitude west from Be it enacted, etc., That the trustees of the Isher
San Luis Obispo County. Washington; thence south to the south boundary of wood estate are hereby authorized to withdraw or the Territory of Dakota; thence east along said south annul so much of the plat or subdivision of said N. Goldtree, El Salto Mine. boundary of said Territory to the Missouri River:) estate which
has been approved and placed on file in
Samil Schwartz, El Devisadero Lode. thence northwesterly along said river to the place of the office of the surveyor of the District of Columbia beginning, be, and the same is hereby, constituted a as relates to squares thereon numbered seven and
Sierra County. new land district, and the office shai be located at thirteen, and the street between said squares, and such place in said district as shall be designated by lines of street running through and between the
are permitted to resubdivide the said squares, and S. C. Farnham, Faruham G. Qtz. M. the President of the United States.
Jas. O. Groves, Groves Gold Qtz. Mine. SEC. 2. That all that part of the Territory of Dakota same, and to place the new subdivision of the squares bounded as follows, to wit, cominencing at the most above named on file in the office of the surveyor of
Tuolumne County. westerly point where the Missouri River intersects the District of Columbia ; and upon filing said new
Wm. H. Ginon, Bonita Qtz. Mine and M. S. the second standard parallel; thence northerly along subdivision the present street between said squares said river to the fifth standard parallel; thence west seven and thirteen is hereby vacated; Provided,
COLORADO. to the twenty-sixth degree of longitude west from
That if the vested rights of any person or persons Washington; thence south to the north fork of the who have purchased land in said Isherwood estate
Clear Creek County. Cheyenne River; thence east and south along said from the trustees or their beneficiaries shall be in
Cascade Mg.and Development Co., Comanche, river to its mouth; thence up and along the south juriously affected by the change as herein provided, fork of the Cheyenne River to a point where the
the said trustees shall be liable in damages therefor: Magna and Prussian Lode. second standard parallel produced would intersect And provided further, That any action for damages
Geo. W. Cox et al., Bismarck and Cataract said river; thence east to the Missouri River, at the hereunder shall be brought within one year from the place of beginning, be, and the same is hereby, condate of the passage of this act.
Lode. stituted a new land district, and the office shall be lo- Approved, March 2, 1883.
Dennis Faivre et al,, Calvin Lode. cated at such place in said district as shall be designated by the President of the United States.
S. E. Gordon, Keystone Lode. SEC. 3. That all that part of the Territory of Dakota
An Act for the relief of Daniel Breed.
M. J. McKinley et al., Litle Mac Lode. bounded as follows, to wit, commencing at a point Be it enacted, etc., That the deed of conveyance
Chaffee County. on the twelfth standard parallel between ranges executed by the trustees of public schools for the sixty-three and sixty-four; thence north to the north county of Washington, District of Columbia, to
Robt. J. Coleman, Rarus and Warrior Lodes. boundary of the Territory of Dakota; thence west Daniel Breed, on the sixth day of February, eighteen along said boundary to the eleventh guide meridian: hundred and seventy-three, of lots numbered forty
Custer County. thence south along said meridian to the twelfth stan. two and forty-three, as numbered on plat-book num. Consolidated Co. of Seven Mines, Black dard parallel, thence east to the place of beginning bered one, and folio sixty-two of records of land
sur, Cloud, Donnelly and Dora Lodes. district, and the office in said district shall be located seven hundred and two, folio four hundred and Geo. P. Gould, et al., Elematah Lode. at such place as shall be designated by the President seven, one of the land records for Washington J. H. Kerr, Little Horn Lode. of the United States.
County, District of Columbia, be, and the same is SEC. 4. That the President, þy and with the advice hereby, approved and the sale affirmed; and the
West Mountain Mg. Co., N. of the Sierra and consent of the Senate, is hereby authorized to Commissioners of the District of Columbia are here- | Cliff Lode. appoint a register and a receiver for each of said land by authorized to make
and execute any other deed
Dolores County. districts, who shall discharge like and similar duties of assurance in law for the more sure and effectual and receive the amount of compensation allowed by conveyance of the said premises, in conformity to C. H. Byfield, et al., Franklin Lode. law to other officers discharging like duties in the the terms of the said deed. land offices of said territory: Provided, That such of- Approved, March 2, 1883.
Gilpin County. ficers shall not be appointed nor land offices opened
W. Linsley, Next President Lode. in the districts created by the first and second sec
(PRIVATE-No. 62.) tions of this act until a cession shall have been made An Act for the relief of Marzel Altmann.
Gunnison County. by treaty duly ratified by Congress of a portion of Be it enacted, etc., That the Secretary of the Inter: the Great Sioux Indian Reservation within the limits ior be, and he is hereby, authorized to allow Marzel
S. H. Pease et al., Little Earl and What Is It of the said districts.
Altmann to enter one hundred and sixty acres of Lodes.
public lands, or less, in a body, in any of the land-
Jno. L. Kinsey et al., Mountain View Lode. An Act making appropriations to supply deficiencies act except as to limit of time of residence thereon;
and subject to all the provisions of the homestead in the appropriations for the fiscal year ending and the provisions of said act in relation to time of
Jas. F. Steinbeck et al., Fannie Lode.
Lake County. and for prior years, and for those certified as due residence are hereby suspended, but only so far, by the accounting officers of the Treasury in achowever, as they affect this entry.
Dyer Mg. Co., Dyer and Hawthorne Lodes. cordance with section four of the act of June fourApproved, March 3, 1883.
Chas. B. Farwell (Trustee), Mineral Farm teenth, eighteen hundred and seventy-eight, here
Lode, tofore paid from permanent appropriations, and
(PRIVATE-No. 71.) for other purposes. An Act for the relief of Stephen P. Yeomans and
Chas. Limberg et al., Mystic Lode. Be it enacted, etc. That the following sums be, and Andrew Leech.
S. W. Miller, Victory Lode. the same are hereby, appropriated, out of any money Be it enacted, etc., That the Secretary of the Treas.
Silver Cord Combination Mg. Co., Eagle and in the Treasury not otherwise appropriated, for the ury be, and he is hereby, authorized and directed to objects hereinafter stated, namely:
pay to Stephen P. Yeomans, late register of the Silver Cord Lodes. To supply deficiencies in the appropriations for United States land office at Sioux City, Iowa, out of the fiscal year eighteen hundred and eighty-lhree, as any money in the Treasury not otherwise appropri
Park County. follows:
ated, the sum of seven thousand five hundred dol- C. W. Baker, Flume Lode.
A. L. Specer, Bonanza King Lode.
Pitkin County. voluntary services without compensation during the
SEC. 2. That the Secretary of the Treasury be, and period from July first to August fifth, eighteen hun
he is hereby, authorized and directed to pay to An- E. C. Gilman et al., New York Lode.
drew Leech, late receiver of the United States land dred and eighty-two, one thousand nine hundred and ninety-three dollars and ninety-eight cents, or so office at Sioux City, lowa, out of any money in the
Rio Grande County. much thereof as may be necessary.
Treasury not otherwise appropriated, the sum of
F. F. Riggs, Snow Bank Lode.
San Juan County.
Geo. U. Ingersoll et al., Dives Lode. count of surveying the public lands: For the fiscal
P. N. Nicholas, Lulu Lode. year eighteen hundred and eighty-one, two thousand five hundred and two dollars and thirty-five MINERAL PATENTS ISSUED.
Summit County. cents: for the fiscal year eighteen hundred and eighty-two, one thousand one hundred and three
Balarat Mining Company, Balarat and Tipdollars and nineteen cents.
Since our last report, patents have been To pay Ithamar C. Whipple the amcunt due him as issued for the following mining claims : Colorado Cons. Mining Co., Oriental and receiver of public moneys at Cheyenne, Wyoming, the same being to his credit on the books of the
Rattler Lodes. Treasury Department, one hundred and fifty-two
Liverpool G. and S. Mining Co., Centennial dollars and twenty-two cents.
Marshall Blinn, Extacy and Shorty Lodes. G. W. Packer, Pacific Lode.
MONTANA, For depredations on public timber, eighteen huil.
Lewis and Clark County. dred and eighty and prior years, eight hundred and thirty-two dollars and eighty-six cents.
Wm. Hooper, Sand Bluff Gravel Placer. Wm. Chumasero et al., Hamlet Lode.
Silver Bou County.
1586, 1589, 1596, 1602, 1604, 1605, 1616, 1621, 1632, 1642, 1644, HOMESTEAD PATENTS ISSUED.
1648, 1651, 1652 1653, 1655, 1656, 1664, 1669, 1674, 1677, 1692, A. H. Hedley et al., Adirondack Lode. 1701, 1702, 1708, 1710, 1713.
Copp's LAND OWNER for this month reports the J. A. Talbott et al., Broker Lode.
following final numbers of Homestead Patents G. H. Tong et al., Tecumseh Lode.
issued and sent to the below-named land-offices :
Nos. 2490, 282, 2756, 2758 to 2765 inclusive, 2767 to A. L. Fitzgerald, Don Ricardo Lode and
Nos. 18184, 18191, 18212, 18213 to 18222 inclusive, 18240 2772 inclusive, 2774 to 2778 inclusive, 2780 to 2788 incluM. S.
to 18245 inclusive, 18253, 18254, 18255, 18259, 18261, '18268, sive, 2790, 2792, 273, 2794, 276, 2798, 2799 to 2806 inclusive, Lincoln County.
18277, 18279, 48280, 18283, 18284, 18288, 18289, 18290, 18294, 2808 to 2812 inclusive, 2814 to 2823 inclusive, 2825 to 2843
18299, 18300, 18301, 18302, 18303,' 18305, ' 18306, 18307, 18309, inclusive. A. McMahon et al., Magnolia Lode. 18310, 18311, 18312, 18314, 18315, 18316, 18318, 18320, 18321,
DARDANELLE. 18322, 18325, 18326, 18327, 18328, 18340, 18344, 18348, 18350, Nos. 1755, 1888, 2493, 2940, 2968, 2971, 2975, 2979, 3000, 3001,
18351, 18355, 18357. OREGON
3002, 3021, 3026, 3043 to 3072 inclusive, 3074, 3075.
Nos. 104, 151, 3113, 3126, 3424, 3446, 3556, 3579, 3580 to 3605 James P. Faull, Jas. P. Faull Qtz. Mine. No. 7123.
inclusive, 3608, 3610, 3611, 3614 to 3653 inclusive.
Nos. 242, 1155, 1174, 1683, 1773, 1858, 1887, 1991, 1992, 2005,
2018, 2019, 2062, 2078, 3025, 3064, 3079, 3328, 3329, 3331, 3332, 3334, Sioux Indian Lands Nos. 497, 592. 616, 648, 668, 671, 684, 3336 to 3339 inclusive, 3341 to 3348 inclusive, 3351 to 3354 in. Wm. H. Meneray et al., Brooklin Lode. 703, 713, 716, 720, 724, 763, 766, 767, 768, 770, 774. 802, 827, 830, clusive, 3356, 3357, 3359 to 3362 inclusive, 3364 to 3368 in. 846, 849, 885, also Litchfield, Minnesota, 303.
clusive, 3372, 3373, 3374, 3376 to 3387 inclusive, 3389, 3393, Summit County.
3394, 3396 to 3404 inclusive, 3406 to 3409 inclusive, 3411, DULUTH.
3412, 3113, 3417, 3118, 3420, 3423, 3424, 3426, 3427, 3428, 3420, Apex M'g Co., Brave Columbia, Constitu- Nos. 2110, 2155, 2220, 2657, 2759, 2762, 2917, 2919, 3124, 3128, 3431, 3434 to 3410 inclusive. tion, Cumberland, Hanna and Monroe Doctrine 3149. 3150 3151, 3153, 3166, 3172, 3173, 3174, 3179, 3180, 3181,
CALIFORNIA. Lodes. 3182, 3183, 3184, 3223.
LOS ANGELES. John J. Daly, Minooka Lode.
Nos. 59 and 519.
St. Peter, Minnesota, Series. No. 8 Sioux Indian
Nos. 1202, 1246, 1247, 1255, 1257, 1261 to 1277 inolusive,
Nos. 200, 467, 470.
LAKE CITY. COPP's LAND OWNER for this month reports to 8842 inclusive, 8844 to 8847 inclusive, 8865 to 8876 in. the issuance of patents on the Cash Entries to 8917 inclusive, 8920 to 8928 inclusive, '8933 to 8958 in
Nos. 32, 33, 35, 39, 51, 57, 62, 63, 64, 65 and 66. numbered below, which patents have been sent clusive, 8961 to 8971 inclusive, 8873 to 8986 inclusive,
Nos. 234, 896, 1656, 1672, 1715, 1716, 1832, 1847, 1851, 1861,
1862, 1958, 1993, 1995, 2118, 2138, 2140 to 2145 'inclusive, MONTGOMERY.
2168, 2170, 2171, 2172, 2174. Nos. 15964, 16130, 16566, 16621, 16632, 16638, 16723, 16876, 16882, 17298, 17317; 17319, 17320, 17326, 17347, 17357, 17358, Xog. 6180. 6181, 6183, 6184, 6185, 6187, 6188, 6190, 6191, 6192,
KANSAS. 17359, 17860, 17363, 17364, 17365, 17366, 17367.
6194, 6196, 6197, 6198, 6201, 6226, 6227, 6228, 6229, 6230, 6231,
sive, 6253, 6254, 6257 to 6262 inclusive, 6264 to 6270 inclu- Nos. 5837, 6696, 6734, 6826, 6827, 6848, 6853, 6860, 6864, 6871,
sive, 6272 to 6275 inclusive, 6277, 6179, 6280, 6286, 6287, 6876 to 6885 inclusive, 6890 to 6894 inclusive, 6896 to 6913 LITTLE ROCK.
6288, 6292 to 6295 inclusive, 6301, 6302, 6304, 6305, 6310 to inclusive, 6915, 6916, 6919 to 6922 inclusive, 6925 to 6929 Hot Spring Series, Nos. 635 to 694 inclusive.
6314 inclusive, 6316 to 6319 inclusive, 6321 to 6325 inclu- inclusive, 6931, 6932, 6935, 6936, 6938, 6939, 6941, 6944 to
sive, 6328, 6329, 6331, 6333 to 6336 inclusive, 6338, 6339. 6950 inclusive, 6952 to 6958 inclusive, 6960, 6963 to 6970 CALIFORNIA.
inclusive, 6972, 6973.
Nos. 2402, 2836, 2989, 3265, 3831, 3927, 3978, 4025, 4038, 4040, 1003, 1005, 1011.
Nos. 74, 109, 110 and 111 Desert Lands.
4041, 4042, 4043, 4046, 4047, 1048, 4049, 4050, 4052, 1054, 4055, COLORADO.
Nos. 642,755,858,859, 861, 862, 864, 866, 871,872, 874, 880,881, 4056, 4057, 4058.
Nos. 15, 25, 31,
55. 'N os. 2912, 3018, 3156, 3314, 3375, 3376, 3378, 3380, 3382, 3383,
Nos. 4780, 4784, 4788, 4790 to 4796 inclusive, 4799, 1805 to 3386, 3387, 3390, 3391, 3393, 3396, 3408, 3410, 3491, 3522, 3525,
4811 inclusive, 4813, 4815, 4816, 4317, 4820 to 4824 inclusive, 3539, 3544, 3548, 3550, 3555, 3562, 3564, 3574.
4827, 4828, 4829, 4833, 4835, 4837, 4841 to 4845 inclusive NIOBRARA.
4847, 4849 to 4852 inclusive, 4856, 4856, 4857, 4860, 4862, 4866, DAKOTA.
Nos. 4323, 4325, 4345, 4347, 4355, 4698, 4756, 4759, 4762, 4768, 4867, 4868, 4872, 4873, 4875, 4876, 4878, 4880 to 4883 inclusive
4779, 4780, 4783, 4784, 4685, 4788, 4800, 4801, 4827, 4857, 4898, 4886, 4888, 4889, 4890, 1891, 4892, 4895, 4896, 4903, 1907, 4916, ABERDEEN, 5032.
4917, 4921, 4924 to 4928 inclusive, 4935 to 4940 inclusive, Watertown Series, Nos. 772, 2360, 2369, 2373.
4944, 4945, 4948, 4951, 4952, 4953, 4958, 4959, 4960, 1963, 4965,4967. OREGON.
4968,4970, 1971, 4975, 4977, 4979, 4981, 4983, 4985, 4986, 4988,4989, FARGO.
4991 to 4998 inclusive. Supreme Court Scrip, R. 645, R. 681, R. 682, U. 5, R. Nos. 187, 280, 300, 312, 440, 441, 490, 495, 496.
MINNESOTA. 819, K. 33, and R. 585. R. and R. 1, 3, 3%, 4%, 24, 60 and 149.
Nos. 1860, 3667, 3668, 4456, 4589, 4621, 4899, 4923, 4929, 4930, Nos. 1605, 2172, 2707, 2869, 3021, 3048, 3078, 3089, 3131, 3210,
MONTANA . Nos. 1512, 1717, 1718, 1719, 1722, 1725, 1728, 1729, 1730, 1741, 5014, 5015, 5017, 5018, 5020, 5024, 5027, 5030, 5032, 5034, 5035,
HELENA. 1743, 1747, 1754, 1756, 1762, 1764, 1769, 1820, 1830, 1898, 1899, 5037, 5038, 5042, 5043, 5044, 5045, 5046, 5048, 5050, 5052, 5053, 1902, 1903, 1904, 1905, 1913, 1914, 1819, 1926, 1928, 1931, 1932 5055, 5056, 5057 5062, 5064, 5070,5073, 5081, 5082, 5084, 5086, 483, 488, 490.
Nos. 331, 416, 433, 447, 452, 462, 471, 474 to 481 inclusive, 1939, 1943, 1945, 1916, 1951, 1952, 1956, 1959, 1964, 1965, 1966, 5089, 5994, 5035, 5096, 5098, 5106, 5107, 5117, 5124. 1967, 1969, 1970, 1974, 1975, 1976, 1977, 1980, 1981, 1986, 1987,
NEBRASKA. 1989, 1995, 2008, 2009, 2010, 2011, 2012, 2014, 2016, 2018, 2019,
GRAND ISLAND. 2020, 2021, 2022, 2025, 2026, 2027, 2030, 2031, 2032, 2033, 2035, 2036, 2038, 3039, 2041, 2043, 2014, 2046, 2017, 2050, 2052, 2054,
Nos. 410, 828, 1600, 2425, 3941, 3986, 4042, 4047, 1054, 4055, 2068, 2061, 2003, 2009, 2072, 2940.
Nos. 936, 2380, 2450, 2451, 2453, 2556, 2457, 2462, 2465, 4079, 4082, 1104, 4126, 4134, 4167, 4171, 4270, 4276, 4325,
2467, 2469, 2471, 2473, 2493, 2496, 2497, 2503, 2505, 2510, 2512, 4331, 4338, 4341, 4350, 4357, 4366, 4415, 4419, 4427. 4430, 4433 HURON.
also Desert Lands Nos. 19, 30, 31, 32, 33, 38 to 41 inclu: 4435, 4436, 4437, 4450, 4451, 4459, 4461, 4462 4465, 4468 4477, Watertown Series, Nos. 1397, 2343, 2357, 2361, 2371. sive, 43, 44, 45, 54, 55, 56.
4489, 4391, 4493, 4494, 4497, 4509, 4513, 4514, 4528, 4531, 4540,
4542, 4543, 4544, 4516, 4550, 4562, 4568, 4573, 4578, 4584. WASHINGTON TY.
NEW MEXICO. Supreme Court Scrip, V. 56 and v. 61, R. and R.
Nos. 5977, 6122, 6149, 6150, 6171, 6212, 6235, 6338, 6387, 6456,
Nos. 456, 477, 478, 483 to 488 inclusive, 490 to 497 inclu
586. Nos. 1069,
1138, 1143, 1360 1377, 1422, 2342, 2348, 2351, 2367. 6568, 6570, 6571, 6575, 6576, 6580, 6582, 6583, 6584, 6585, 6586, Mitchell Series, Nos. 3465, 7482. 6587, 6588, 6589, 6590, 6591, 6592, 6593.
Nos. 682, 712, 762, 859, 895 to 908 inclusive, 910, 911, 912, Supreme Court Sorip, Nos. M.513, M. 515, R. 173, and
913, M. 232. R. and R. Nos. 19, 50, 127, 187, located at Sioux Nos. 5576 to 5581 inclusive, 5583 to 5597 inclusive, 5600, Falls and Springfield.
WISCONSIN. 5601, 5602, 5604 to 5614 inclusive, 5616, 5617, 5618, 5621, 5623, Watertown Series. Nos. 541, 550, 583. 5624, 5625, 5627, 5629 to 5647 inclusive, 5650, 5651, 5652, 5653
FALLS ST. CROIX. Nos. 798, 819, 848, 861, 901, 910, 922, 935, 936, 1029, 1064, to 5691 inclusive, 5693 to 5734 inclusive, 5736 to 5746 in. 1128, 1138, 1161, 1193, 1210, 1375, 1474, 1556, 1575, 1580, 1584, clusive, 5748 to 5765 inclusive, 6768 to 5774 inclusive.
Nos. 2219, 2501, 2528, 2558, 2573, 2582, 2616, 2644 to 2647 inclusive, 249 to 2665 inclusive.
COPP'S LAND OWNER.
WASHINGTON, D. C., MAY 1, 1883.
MINES AND MINERALS.
Entered at the Post Office at Washington, D. C., as This paper furnishes more valuable law informa J. W. Garden vice Register Hopping, second-class matter.
tion for less money, and is read by more land attor
neys and real estate dealers, by more homestead, Shasta. THIS NOTICE MARKED with a blue or red pre-emption, and other land claimants, and by more
F. G. Ward vice Receiver Mylert, Sumine owners, engineers, and superintendents, than pencil indicates that your subscription expires with any other publication in the United States.
sanville. this issue, and if you wish the paper continued with
W. C. Willits vice Receiver Thomson, out interruption, you should remit your renewal All Registers and Receivers of the U. Denver, Colorado. subscription at once.
S. land offices are authorized to receive Parties renewing their subscriptions will find it
E.L. Salisbury vice Receiver Burchinell, advantageous to send $1.00 for their card in the Land subscriptions for this paper.
C. D. Peck vice Receiver Hickman,
California. The substance is a deposit of
New office at Gunnison, Register, J. J. - Land Office Changes....
33 white earth, free from grit, and impreg- Thomas, Receiver, F. J. Leonard.
nated with a small percentage of potash. J. P. Luse vice Register Webb, Dead
It is easily sliced into bars, and for clean- wood, Dakota. Ergler vs. Walker........ ing purposes is a fair substitute for man
E. C. Geary vice Receiver Pugh, Fargo. ufactured soap.
C. G. Williams vice Register Mellette, Alvin B. Preston, et al.....
LANDS OPENED TO SETTLEMENT.— The J. G. Chandler vice Receiver Hughes, Neubert us. Middendorf..
Commissioner of the General Land Office Yankton.
35 has issued an order, opening to settlement M. H. Smith vice Receiver Monroe, Barney Phillips-George M. Sheppard-Samuel M. Mitchell..
and entry under the homestead laws, Lewiston, Idaho. M. V. B. Mills-Joseph Birchfield-Circular In
lands withdrawn for, but not needed in New office at Hailey, Register, H. L. struction of March 20, 1883: Entries under the Homestead, Pre-emption, and Timber Culture the final adjustment of the grant made Pound, Receiver, J. S. Waters. Laws...
to the State of Arkansas in aid of the S. H. Dodge vice Register McEckron,
Little Rock and Fort Smith Railway. Concordia, Kansas. Carland vs. Flanagan-Same on Review.
John Bissell vice Register Helm, Kirwin. Unlawful Enclosures of Public Lands-Rufus MCConliss—Joseph M. Dieffenbacher...
A. L. Patchin vice Register Cavanaugh,
H. S. Cunningham vice Receiver HanJohnson Barker..
41 twenty years' practice of land law, has Preference Rights... earned the title of “ Settlers' Friend,” is
J. Q. A. Peyton vice Receiver Watson, P. O. Box 1532, San Francisco.
Topeka. M. W. Bremen
ATTENTION is called to the cards in the A. E. Lemee vice Receiver Lecompte,
Land Directory of Thomas & Brown, Natchitoches, La. Anton Chico....... 42 Huron, Dakota; Thomas & Thomas, Gun
C. B. Darrall and Morris Marks vice nison, Colorado; Clark S. Rowe, Spring- Baldey and Burwell, New Orleans. Blackfeet Indian Agency Site...
43 field, Dakota, and A. L. Voorhis, Russell, A. E. Bloom vice Register Bloss, De
Kansas. They will gladly furnish infor-troit, Michigan. Restoration of Lost and Obliterated Corners....... 43 mation to investors and settlers. Write
V. B. Cochran vice Register Stafford, them.
Marquette. Notice of the Corrected Boundaries of the Gun
The card of Redington & Hill was in- J. T. Hull vice Receiver Kimball, Jacknison Land District in the State of Colorado...... 47
advertently omitted from front page in son, Miss. Land Laws.. Mineral Patents Issued last issue.
F. Atkinson vice Register Friedley, Cash Patents Issued... Homestead Patents Issued
WITHIN the last few months numerous Helena, Mont.
changes have occurred in the Land Ser- C. Hostetter vice Register Hoxie, Grand PROFESSIONAL CARDS. Redington & Hill, Washington, D. C....
vice. Among the Surveyors General— Island, Neka Curtis & Burdett, Washington, D. C....
Sanford Parker vice Receiver Lovejoy,
N. H. Meldrum vice Johnson, of Col.
C. C. Powning vice Davis, of Nevada. New offices at Valentine and McCook, Drummond & Bradford, Washington, D. C..
D. V. Stephenson vice Smitlr, of Neb. Registers, Jas. Morris, G. L. Laws; ReW.K. Mendenhall, Washington, D. C.. Julian & Meloy, Washington, D. C...
James Lewis vice Gla, of Louisana. ceivers, J. W. Tucker, C. F. Babcock. W. C. Hill, Washington, D. C..
Among the Registers and Receivers- J. G. Pilsbury vice Receiver Watts, W.J. Johnston, Washington, D. C. Chas. & William B. King, Washington, D. C..
H. J. Wilson vice Receiver Strobach, Oregon City, Oregon. Walter H. Smith, Washington, D. C....
IV Montgomery, Ala. H. J. Frost, Washington, D. C.
E. L. Smith vice Reg’r Coffin, The Dalles. Evans, Padgett & Emmons, Washington, D. C... IV A. W. DeLong vice Receiver Lunt, A. O. Marsh vice Receiver Brown, VanJohn H. Morgan, Washington, D. C.. Prescott, Arizona.
couver, Washington Ty.
B. M. Thomas vice Register Cousins, J. Jorgensen and T. H. Rooney, vice Land Directory.
Morrison and Reed, Walla Walla.
E. R. Cleveland vice Register Goodall, A. K. Osborn vice Register Knight,
Bayfield, Wis. Copp's U. S. Mineral Lands
T. J. Sherwood vice Receiver Crane, Copp's American Mining Code
E. B. Saunders, vice Receiver Callon, General Price List .... IV Marysville.
PRIVATE LAND CLAIMS.
47 48 48 48
the Grecian Bend Gravel Mine, entry No. tion 13, 24 N., 7 E., on appeal from your ERGLER VS. WALKER.
247, in the Stockton, California, land dis- decision of June 26, 1882, rejecting the Appeal---Lost Rights.--Four exceptions stated trict, from your decision of May 17, 1882, application, and your letter of July 5,
to the general rule that failure to appeal from rejecting their claim for ten acres of land 1882, to E. C. Ford, Esq., declining to rethe decision of the local officers will be con- embraced in their application for patent. view said decision. sidered final. Rights lost by failure to appeal from the local of the S. E. of Sec. 31, Tp. 1 N., R. 13 desire to ask your attention to the well
It appears that the S. } of the S. E. I Before passing to the matter in hand, I officers' decision cannot be restored by an ap- E., was among the tracts named in this established rule, requiring all official letSECRETARY TELLER to Commissioner Mc Far- application and in the final certificate of ters of this kind to be properly addressed land, April 12, 1883.
entry, but, as published, the tract was de- to the officers having charge of the I have considered the case of Louis scribed as the E. } of S. E. # of S. E. records and disposal of the lands, and not Ergler vs. Lettie A. Walker, involving Publication of notice of mineral land to individuals or attorneys presenting aptracts in sections 28 and 33, Tp. 7, R. i applied for is imperatively required by plications and briefs in the case. It is E., Deadwood Dakota.
Secs. 2325 and 2329 of the Revised Stat- evident from repeated instances of appeal Both parties filed pre-emption declara- utes: the object being to notify persons recently coming up from matters contory statements, and after hearing, the having interests which might be adversely tained in letters to such parties, that many local officers found that Ergler had no affected by the issuance of patents, of of your subordinates have thoughtlessly valid claim to the land, and recommended their opportunity and right to file adverse drifted from the correct practice in this that Mrs. Walker be permitted to enter claims. Patents cannot properly, there- regard, and I deem it proper to direct a it. There was no appeal from this deci- fore, issue unless the land applied for is more careful attention to the rule in the sion, and it became final. (Weber vs. W. specifically described in the publication, future. P. R. R. Co., COPP, May, 1879.) Rule of or with such certainty that persons in in- The entry of Neubert was made several Practice 47 provides that a failure to ap- terest cannot be misled thereby. Publi- months prior to the survey of the townpeal from the decision of the local officers cation as to the E. } of the tract in ques- ship embracing the forty acres now sought will be considered final as to the facts in tion was not publication as to the S. I, to be included, and at a time when settlethe case, and will be disturbed by the Com- and persons interested in the S. } were ment upon unsurveyed land for the purmissioner only; (1st) where fraud or gross not required to take notice thereof. It is pose of making a future homestead entry irregularity is suggested on the face of the immaterial that, as claimed by appellants, thereon was not recognized by law. It is papers; (20) where the decision is contrary this was a typographical error merely, be shown that he knew such township to be to existing laws or regulations; (3d) in cause it was not, legally or in fact, publi- unsurveyed, and that he himself pointed event of disagreeing decisions by the local cation of notice of the ten acres of land out the four forty-acre tracts taken by officers; and (4th) where it is not shown applied for. Your decision was not, there him at the date of his application, upon a that the party against whom the decision fore, erroneous. But in view of the prob- plat presented to the Receiver, the land was rendered was duly notified of the de-able fact that it may have been a mere being specifically described and marked cision and of his right of appeal. Except, typographical error, I modify your de- thereon with reference to and adjoining therefore, a case is found to be within one cision and direct that, if appellants shall his pre-emption claim of one hundred and of these provisions, I do not understand so elect, they may, within sixty days sixty acres, upon which he had just made that you are authorized to disturb, or in from notice to them hereof, under direc- final proof. any way interfere with an unappealed de- tion of the Register, publish a supple- It is further shown by his own testimony cision of the local officers.
mental notice of their application for pat- and that of his witnesses, including his It appears that Ergler failed to appeal ent for said S. , with the same rights attorney, who was a surveyor, and surafter due notification by these officers of thereunder, and the same rights to other veyed the claim, that he made no mistake their decision, and the case is not within parties, as if it were an original publica- in description; that he had at that time either of the other three provisions of the tion, provided the tract shall not then be no settlement on the lands; that the tract rule. You concur with the local officers in otherwise appropriated, or valid adverse in the unsurveyed township, besides being their conclusion upon the facts, but the case rights shall not have attached thereto; not yet subject to disposal, was in the should have rested upon their decision, and if such right shall not have attached, open and notorious possession of another without action by your office.
you will withhold the tract from other person, who had cultivated a considerable The case is transmitted to this depart-disposition pending the time allowed ap- portion of it, having fences, and raising ment under Ergler's appeal from your de- pellants for said selection.
crops thereon. cision, but as held in Clark vs. Carter,
Afterward, on the 20th of December, (COPP, December, 1880,) such appeal can
1880, one John C. Hammond, who in 1878 not restore rights lost by failure to appeal
NEUBERT vs. MIDDENDORF.
had filed a pre-emption claim, which infrom a decision of the local officers which Practice.-All official letters relative to reviews N. E. of section 18, alleging settlement
cluded among other tracts the S. W. of had become final, and is without legal and kindred subjects, should be addressed to effect.
the officers having charge of the records and February 15, 1878, made homestead entry I think the case was erroneously con- disposal of the lands, and not to individuals No. 1519, for the same land, thus covering sidered by you, and erroneously submitted
and conflicting with Neubert's entry as to to this department, and is therefore dis-Amendment. The amendment of a homestead this subdivision. This was five days after missed.
department in cases of error or misdescription the expiration of the thirty-three months
or other good cause. In view of the facts in this within which he should have proved up MINES AND MINERALS.
case, the application for amendment is denied. his pre-emption claim, and under the usual
SECRETARY TELLER to Commissioner Mc Far- practice would not have been allowed to ALVIN B. PRESTON et al. land, April 2, 1883.
defeat Neubert's right. Publication Notice.-Patent cannot issue where I have considered the case of John But, on being advised of the conflict,
published notice incorrectly describes the Neubert vs. Mary Middendorf, involving Neubert conceived the idea of floating of typographical errors, a supplemental notice the right of the former to amend his his homestead, by dropping this tract and may be published for sixty days---provided Helena, Montana, Homestead Entry No. taking the forty acres in 13, 24, 7 E., the adverse rights have not attached.
1397, made April 17, 1880, for the S. W. plat of which had not yet been filed in the SECRETARY TELLER to Commissioner Mc Far- of N. E. }, the S. E. of N. W. 1, and district office. He accordingly on the land, April 5, 1883.
Lots 2 and 3 of Sec. 18, 24 N., 8 E., so as 28th of December, 1880, filed his applicaI have considered the appeal of Alvin to embrace instead of the S. W. 4 of N. E. tion to amend his homestead entry, allegB. Preston et al., mineral claimants upon '1 aforesaid, the S. E. of N. E., of sec-'ing as a reason that Hammond had a prior legal claim to a portion of the land. Middendorf has not shown beyond benefit of the infant children of said F. This being returned to him for a more question her right to take the land as a Muske, Sr., the S. t of S. E. I, N. W. 4 of specific statement, he filed a second appli- pre-emptor; but as she will be required S. E. ), and S. E. of S. W. of Sec. 3 cation some time in April, 1881. On the to do so when making final proof, and her -128–31. It appears from the record of 19th of July, 1881, the township plat was claim not being necessarily considered in this office that Muske, Sr., applied at your filed, when the Register and Receiver rejecting Neubert's, the same will stand as office, Jan. 11, 1875, to enter the S. E. I took up his application and recommended recommended by the Register and Re- of said Sec. 3, under the act of June 22, its allowance; but before finishing their ceiver.
He also submitted proof at the letter to your oflice, a preëmption claim to Haminond has relinquished his entire same time, showing that he had resided the land was filed by Mary Middendorf, claim, so that there remains no conflict upon the land (S. E. ) and improved it declaratory statement 4250, alleging set- with Neubert's homestead entry as orig. ever since April 28, 1871, but dis applicatlement February 15, 1881, accompanied inally made.
tion was finally rejected by the Secretary by affidavits alleging still earlier settle
of the Interior on December 15, 1876. It ment and improvement by herself and
CALL VS. SWAIN.
appears from the evidence submitted with one W. S. Stocking, her uncle, from SECRETARY TELLER to Commissioner Mc Far- your letter, that Muske, Sr., died on April whom she obtained the possession in land, April 16, 1883.
5, 1878, leaving infant children, and that 1880.
I have considered the case of Wilkinson Fred Muske, Jr., was duly appointed adminUpon these claims you ordered a hear- Call vs. Robert Swain, involving lot 1 of istrator of his father's estate, and now asks ing, and from the testimony the Register Sec. 15. Tp., 10, R. 23, Gainesville, Florida, to be allowed to make an entry in that caand Receiver reported in favor of Midden- on appeal by Call from your decision of pacity for the benefit of said infant childorf. You affirmed their decision on the March 31, 1882, holding his homestead dren. Proof is submitted, showing that sole ground that the application of Nen- entry, as respects said lot, for cancella- the house built by Muske, Sr., was upon bert to amend his homestead entry was a tion, and awarding it to Swain.
the S. E. # of S. W. of Sec. 3–128–31, nullity because filed, before the plat of the I aflirm your decision, except that in- and therefore that tract is included in the township was filed in the district office; stead of cancellation, Call's entry, as represent claim instead of the N. E. # of S. citing Lansdale vs. Daniels (10 Otto, 113). spects the lot in question, should be held E. # of said Sec. 3. The land now in
I do not think that case has any neces- subject to Swain's showing compliance question is within the 15 mile indemnity sary application to an attempt to procure with the law when he offers proof and limits of the Western Railroad. Under an amendment to a homestead entry. payment.
the provisions of the act of Minn. Such amendment is recognized by the
Leg.) of March 1, 1877, the Governor of practice of the Department to obtain the HOMESTEAD COMMUTATION. Minnesota, on November 21, 1878, and the correction of a misdescription in the orig- Notice of Intention.—How a homestead entry- Western Railroad Company, December inal papers growing out of accident or man may give notice of making commutation 6, 1878, relinquished the s. of S. E. , mistake, clerical or otherwise, when the
N. W. of S. E. 4, and S. E. I of S. W. settlement of the party is bona fide upon a
COMMISSIONER MCFARLAND to Reg. and Rec., I + of Sec. 3-128-31, in favor of Fred particular tract, and he is in danger of losing
St. Cloud, Minn., March 31, 1883. (C. H. B.) Muske, Sr. his actual home and improvements. This
In reply to your letter of March 23,
The only provisions in the homestead is fully considered in Newcomb vs. Block, 1883, I have to inform you that under the law which relate to the infant children of (2 Copp, 162), where the reasons are elab- rulings and practice of this office, in ac- deceased settlers who were not soldiers orated. Technical objections should not
cordance with the 3d section of the act of during the late rebellion, are embraced in be invoked to defeat such right.
May 14, 1880, a person duly qualified to Sec. 2292, R. S. Said section provides This case is not of that kind. Neubert
make a homestead entry who has settled that in case of the death of both father was not mistaken in his first application. upon a tract of land legally subject to and mother, leaving an infant child or His entry covered the land actually
homestead entry with the intention to children under twenty-one years of age, claimed. He alleges that he afterward dis- acquire title to the same under home, the right and fee shall inure to the benefit covered that Hammond claimed the tract, stead law, and who has resided upon and of such child or children. Muske, Sr., and he then determined to avoid conflict cultivated the same for the period of six did not make a Hd. entry, but he did with him, by relinquishment of forty acres, months, may make his homestead entry make an application (herein before referred and setting up for the first time a claim to and give notice of his intention to make to), which was rejected. He died before what he assumes was a vacant tract. But commutation proof under section 2301 U. the execution of the relinquishments reHammond's declaratory statement was on
S. Revised Statutes, on the same day. Or ferred to, after having occupied and cultifile from 1878, and he should have known he may, give notice of his intention to vated the land named for nearly seven (7) that he was claiming land covered by it. make the entry and the commutation
from the papers in the And it is clearly shown that he knew the proof in advance, and after the notice shall case that Muske made improvements on land now sought to be substituted was
have been posted and published in the the land, valued at $1500, and cultivated not open to entry by survey at that time,
manner and for the period prescribed by 40 acres. Since his death the administraand was in cultivation by others, both of act of March 3, 1879, he may legally make tor has continued the cultivation and imwhich facts preclude the hypothesis of a the homestead entry and the commutation
provement of the land. The statutes do not mistake in his original entry. It was on the same day.
establish very clearly the right of an adminconfessedly pure afterthought. If such
istrator to make final proof in cases where amendment might be allowed by you as a
an entry has been made by a parent aftermatter of equity to relieve a conflict of Administrator - Entry for Infant Children, wards deceased; but this office, on Februclaims by taking a clearly vacant tract, it Final Proof.--Where a homestead settler dies ary 4, 1879, ruled in the case of Hiram would be manifestly an act of executive
before completing the proceedings for mak- Cook, who made entry in Kirwin district, discretion done in aid of the law which allows each claimant one hundred and
may make such entry for the benefit of the Kansas, and was afterward poisoned by
infant children (the mother being dead), and his wife, for which she was imprisoned sixty acres if taken without prejudice to in due time make the required final proof. for life, that the guardian of Cook's minor another. But when the tract sought is COMMISSIONER MCFARLAND to Register and Re- children could make final proof on the improved and in possession of another ceiver, St. Cloud, Minn., Mar. 19, 1883. (F. B.) entry, and the final papers be issued in who also claims it, there can be no justice I am in receipt of your letter of Octo- favor of said children. No rule appears in recognizing the claim for amendment, ber 13, 1880, transmitting application of to have been established by this office and your conclusion against the right to Fred Muske, Jr., as administrator of the under which the right and fee can be conamend must stand.
estate of Fred Muske, Sr., to enter for the'veyed to infant children in cases where