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ANNUAL REPORT

OF THB

COMMISSIONER

OF THX

GENEEAL LAND OFFICE

FOR THB

FISCAL TEAS ENDED JUNE 30, 1890,

DATKD

SEPTEMBER IS, 1890.

WASHINGTON:

eOVBBNMBNT PRINTING OFFICE. 1890.

Digitized by

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REPORT

OF THB

COMMISSIONER OF THE GENERAL LAND OFFICE.

DSPABTMENT OF THE IKTBBIOB,

GsNEBAL Land Office, Washington^ D. 0., September 13, 1890.

Sib : liQ transmitting the Annual Report of the General Land Office for the fiscal year ending Jane 30, 1890, submitted herewith, I deem it proper to call attention to the increasing magnitude and importance of this office, and the great mass of laborious and intricate work annually performed by its officials. From comparatively a small beginning at its original organization by act of Gougress of April 25, 1812, under the Treasury Department, it has grown with respect to the quantity, char- acter, and multiplicity of the affairs committed to its charge, until its present force of officials, clerks, and other employes, many of whom are required to have legal or more than ordinary clerical ability, is un- able to dispose of the vast accumulation of business with satisfactory expedition, and the necessity of its increase and additional office room is becoming yearly more apparent.

The result, however, of its administration during the fiscal year, as indicated in the accompanying report, is regarded as most gratifying under all the circumstances.

The great object of the Government is to dispose of the public lands ; to actual settlers only to bona fide tillers of the soil although liberal grants have been made by Congress to States and corporations for works of recognized public utility. To give effect to all the various statutes on the subject is the duty devolving on this office. Accord- ingly, an agricultural domain of nearly 19,000,000 acres a domain al- most equal to the aggregate area of the States of New Hampshire, Mas- sachusetts, Bhode Island, Connecticut, and New Jersey has, during the year been transferred to enterprising and industrious settlers, by patents issued to them for the above area, while the areas patented to the States, under the swamp grant, and to corporations, under special grants, have been great, although somewhat reduced, as compared with previous years. At the same time, the area of coal and mineral lands

3

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4 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

patented has been greatly increased over that of the fiscal year ending Jane 30, 1889, thus tending to the development of our immense depos- its of coal and metals of every grade. The area patented to the States, under the grants for educational and internal improvement purposes, has increased 300 per cent.

This completed work, as shown by the following figures and facts, in- dicating increased population, increased coal and mineral development? and increased educational development and resources, is adverted to as a suggestive element in the national progress.

TRANSACTIONS OF THE OFFICE DURING THE YEAR END-

ING JUNE 30, 1890.

AORIOULTURAL PATENTS ISSUED.

The class of patents embraced under this head includes all patents issued on final and commuted homestead entries, on pre-emption, tim- ber culture, desert, private cash, town-site and other entries embracing land of an agricultural non- mineral character.

The number of such agricultural patents issued during the fiscal year ending June 30, 1890, was 117,247, embracing 18,759,520 acres. The number issued during the fiscal year ending June 30, 1889, was 70,141, including an area of 11,222,560 acres, showing an increase during the fiscal year ending June 30, 1890, of 47,106 patents, and of 7,536,960 acre? of land.

MINERAL PATENTS.

Of mineral and millsite patents, 1,407 were issued, as against 913 dur- ing the previous fiscal year, an increase of 494 patents. Of coal patents, 224 were issued, as against 155 patents during the previous year, an increase of 69, and including an area of 33,473.72 acres, as against an area during the previous year of 17,096.80 acres, or an increase in area of 15,376.92 acres.

In the following exhibit are shown the States and Territories in which mineral patents were issued :

Coal land and mineral and millHte patents.

States and Territories.

Coal lands.

Acres.

Mineral

and mill.

site.

A1«i|Va

5

Arieonft x ,

25

California

6 127

m.oo

19,004.96

115

591

Dakota

40

Idaho

42

M^nt^^na ....... .

9

1.040.00

889

Nevada

27

KewMexico

2

160.00

26

Oreffon

10

Utah

19 37 25

2.890.84 S,6M.34 3.843.58

118

Washington

8

Wvominir -

21

Total

224

33,473.72

1,407

^

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REPORT OF COMMISSIONER OF GENERAL LAND OFFICE. 5 STATE SELECTIONS APPROVED,

The approvals daring the year, under the different grants to the sev- eral states for educational and internal improvement purposes, and for public buildings, embraced an area of 539,779.84 acres.

The following exhibit gives the details by States :

state.

Alabama . . .

Arizona

Galiibrnia ..

•Do

Do

Do

Do

Colorado

Florida

Loaisiana. . . Minnoflota . . Miaaoari....

Nerada ,

Washington Wyoming ...

Grant.

Totol.

TJniversity (a)

do

School indemnity {b)

iDtemal improvement

Seminary

A^ionltnral College

Public building

Agricultaral College

Internal improvement

School indemnity (d)

... do (d)

Agricnltaral College

School indemnity

University

...do

Quantity ,f PJIT^J? Quaniitvl ^pprovoS ^X"^/' granted. "Plo Jnly L^Jjuly

1, 1»H». j^ ^gi^

Acres. 46.080 40,080

600,000 46, 080

160,000 6,400 90.000

600,000

830.000

^000,000

40,080

46.080

Acres. 44,297.53

492, 652. 87 44. 822. L6 148, 499. 00 4, 778. 30 09, 555. 75 e407,761.09

324,623.65

0868,872. 20

23,042.02

Acres.

1,650.03

36,800.14

8, 881. 12

6, 612. 73

1, 154. 07

L 220. 82

820. 78

18, 391. 51

77.85

68,621.40

1, 015. 05

5,348.80

340, 42J. 25

80.00

40,001.34

630,770.84

Total approved.

Acres. 45,048.46 36, 880. 14

408.205.00 45,076.23

140, 710. 82

6,099.08

87, 947. 26

497,838.04

820. 072. 51

718,204.45

24, 022. 02

i40,001.34

Bemalnder.

Acres, 131.54 0.180.80

1.734.40 103.77 280.18 1.300.02 2,052.74 2,10L00

«27.40

1,281,705.55

A22,057 06

a This is a second grant to Alabama of the same quantity for university purposes, the first grant having been previously a<\Justed.

b This Is a grant of the sixteenth and thirty-sixth sections with indemnity following the grant. The exact quantity granted and indemnity due have not been ascertained.

a This total represents the quantity embraced in approvals that have been allowed to stand upon agreed at^ustment.

d This is a grant of sections numbered 10 with indemnity following the grant. The exact quantity granted and the indemnity due have not been ascertained.

4 Grant practically dosed.

/ This is a grant of quantity in lieu of the sixteenth and thirty-sixth sections restored to the pablio domain under act of June 10, 1880.

g This aggregate includes 0,228l 30 acres indemnity selected under the originiJ grant, and not under the grant of 2,000,000 acres made by the act of June 10, 1880.

h By approvals on July 2 of this year the remainder has been reduced to 1,288.70 acres.

i The grant is of 72 entire sections (46,080 acres if the sections contain exactly 640 acres each) but the 72 sections selected aggregated a few acres more than 46,080 acres.

The above stated acreage of 539,779.84 acres, as against an area during the previous fiscal year of only 132,350.61 shows an increase of 407,429.23 acres or over 300 per cent.

In AppendixK is a farther detailed statement of adjustments of grants, with references to important decisions and rulings relative thereto.

SWAMP-LAND PATENTS.

In the following statement is shown by States the acreage of swamp lands patented during the year, as also the acreage selected by the states and approved by this office, and the aggregate acreage of such lands patented to the States, since the date of the swamp grant :

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6 SEPOBT OF COMMISSIOK£B OF GENERAL LAND OFFICE.

Total during year of ftiHimp lands.

Stotes.

Arkanaas

California

Florida

niinoia

Indiana

Iowa

Lonwiana, 1840 . Loalsiana, 1850 .

Mlchiffan

Minnesota . HiasUttip

Bttippi .

)nri....

Olkio. Oregon Wiaoonsin.

Total.

Relected.

Aoru.

970.61

182.28

15,253.88 " '2*810.* ii'

Approved.

Aer«f.

180.00

8.078.02

60,000.58

40.00

440.00

408.54

40,385.85 17,005.52

Patented.

AtT€9.

00a42

8,483.08

4,062.00

68,606.78

40.00

8S&13

2,04&17

86.68

408.64

8,082.28

88,086l22 2,077.87

10,218.58 128,000.40 I 100.861.80

Total pat- ented unoe date of grant.

A9nB,

411.180.28 7,847^700.88 1,480,480.26 16.114,726.74 1,4&6.84L45 1.257,888.05 1.188,020.88 8, 708. 68a 58

228.120.40 5.887.804.84 2,800.602.81 8.260,158.20 3.415,631.27 25,840.71

140.882.80 8,832,000.61

67,200,324.40

Number of lists of swamp and school lands prepared for approval 78

Certified copies of lists prepared and transmitted to governors of the several States and to local

oi&oers 116

Patents executed 24

DnriDg the previoas fiscal year endiDg on June 30, 1889, an area of 259,721.45 acres was patented to the several States auder the swamp grants, bat during the present fiscal year, as shown in above table, an area of only 109,351.89 acres was patented to the States, a decrease of 150,369.56 acres.

BAILBOAB LANDS PATENTED.

There were patented or certified, under the law, for the benefit of railroad companies, during the year, 363,862.15 acres, as shown in the following table :

Aores.

Iowa 80.00

Lonisiana 77,213.27

Minnesota... 261,773.01

Wisconsin 24,795.87

Total 363,862.15

as against an area patented to railroads during the previoas fiscal year of 425,046.02 acres, or a decrease of 61,183.87 acres.

nn>IAK AND MISCELLANEOUS PATENTS.

The exhibit following shows the area patented to the States, daring the year, on private land claims, donations, Indian claims in severalty, and scrip locations :

Digitized by VjOOQIC

BEPOBT OF COMMISSIONER OF GENERAL LAND OFFICE.

Indian and nUicelUweoua patenU issued year ending JunedO^ 1B90. Aoroa.

Indiftn Territory 43,444.13 Colorado

California 17,760.00 Arkansas

Florida 17.723.57 Washington.

Louisiana 8,190.64 Mississippi ..

Wisconsin 7,231.70 Missouri

Oregon 4,871.53 Minnesota...

Dakota 2,661.73 Indiana

Kansas 2,426.73

Michigan 640.00

or a decrease in

50,334.19 acres.

BecapiiulatUm ofpatenU iuued.

640. QD 640.00 633.00 160.00 160.00 153.00 50.00

Total 100.066.03

area, as compared with the previous fiscal year, of

Patents.

1889.

1890.

I

Aertt.

Agricnltiiral 11,222,560.00

Mlnerftl i 17.09C80

State selections 183,850. ei

Swamplands 269.721.45

Bailroad lands I 425,046.02

IndSanlsnds 150,380.21

Total t 12,216,165.09

AerM, 18, 759, 520. 00 88,478.73 539,779.84 100, 351. 88 363, 862. 15 109,056w02

19,915,043.62

Inoreaae. I Decrease.

Acret. 7,586,960.00 | 16,876.93 407,429.28

A»r€M,

•I

150,869.66 61,183.87 50,884.19

7,960,766.15 i 261,887.62

Total net increase.

AerM.

7, 698. 87a OB

The following is a statement of the acreage of public lands disposed of during the fiscal year ending Jane 30, 1890 :

CASH 8ALBS.

Acres.

Private entries 38,617.79

Public sales 1 !28.66

Pre-emption entries 2,204,90.5.07

Timber and stone land entries 509, 896. 61

Mineral land entries :35,396.81

Desert land entries 478,849.56

Coal land entries 16,198.34

Town-site entries 1,745.57

Lassen County desert land entries 400,00

Excesses on homestead and other entries 15, 194. 8))

Abandoned military reservations 1, 613.51

3,302,846.76

MISCELLANEOUS.

Honistead entries (original) 5,531,678.60

Timber-onltnre entries (original) 1,787,403.14

Entries with military bounty land warrants 19,034.32

Entries with private land scrip 10,4.^.52

State selections, school and swamp 258,141.33

Railroad selections 1,752,758.86

Indian allotments 2,167.85

Entries with Valentine scrip 119.60

Entries with Siunz half-breed scrip 150.90

Entries with Portcrfield scrip 5.22

Donation entries 785.81

Total 9,362,685.24

Total area of public land entries and selections A2, 665, 531. 99

Digitized by V^ _ _ __

S SKPOBT OF COMMI88IONEE OF GENERAL LAHD OFFICE.

INDIAN LANDS.

Acres.

Cherokee aohool lands 2,333.78

Ute lands 61,059.61

Sioux lands 57,096.87

Osage tmst and diminished reserve 11,763.96

Osage ceded 96.11

Kansas trust and diminished reserve 333.85

Winnebago lands 457.77

Uintah lands » 163.45

Total 133,306.42

Making a grand total of 12 798,837.41

rbcafitulahon.

▲i«a sold for cash 3,302,846.75

Miscellaneous entries 9,362,685.24

Indian lands 133,3a'>.42

Total 12,798,837.41

The foregoing does not include the following entries, the areas of which have been previously reported in the ^< original entries" of the respective classes :

Aisrea.

Oommnted homestead (section 2301, B. 8.) 905,536.41

Commuted homestead act, June 15, 1880 4.348.38

Final desert land entries 244,534.94

FiiMd homestead entries 4,060,592.77

Final timher-cnlture entries 423, 04a 70

Total areas previously reported 5,638,061.20

CASH BEOEIPTS.

The following is a statement of the cash receipts of the office from various sources during the fiscal year ending June 30, 1890 :

From cash sales $6,349,174.24

Homestead fees and commissions 697,623.07

Ttmher>oulture fees and commissions 173,145.00

Feea on locations of military honnty land warrants 599.00

Fees on scrip locations 17.00

Fees on donation claims 25.00

Fees on State selections 3,019.77

Fees on railroad selections 21,913.19

Fees on pre-emption and other filings 123,750. 00

Fees for reducing testimony to writing, etc 101,604.04

Total receipts from public lands 7,470,870.31

Beo^pts from disposal of Indian lands 293,062.30

Timber depredations 16,585.00

Total 7,780,517.61

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KEPO&T OF COMMISSIONER OF GENERAL LAND OFFICE. 9

The filings made and the fees therefrom are stated in the annexed table.

Kind of tilings.

Pre-emption

Homestead

Coal

Lassen Coonty desert

Town lot

Town-Bite ,

Yalentine scrip

Girard scrip

Mineral applications

Timber and stome applications

Total

Add to this mineral adverse claims

Number of | filings.

25,829 !

712 1,645 I 174 I 2 2 45 1 I 1,293 3,617 I

Fees.

$65,164.00

1,571.00

4,927.00

522.00

6.00

6.00

45.00

"ii'moo

86, 170. 00

82, 820 j 121, 340. 00

241

2,410.00

33,061 123,750.00

The namber and kinds of every character of entries made during the year, together with the cash receipts for the same, compared with the previoas fiscal year, are shown in the following exhibit :

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10 BEPOBT OF COMMISSIONER OF GENEBAL LAND OFFICE.

Number amd okua of final and original entriet and seleetiona made during the year ending

pared with year end

Class of entry.

Public sales

Private entry

Pre-emption

Timber and stone

Coal

Mineral

Town sites

Town lots

Abandoned military reservations

Indian lands

Desert lands

Desert lands, Lassen County

Commuted homesteads

Commuted homesteads, act June 15, 1880

Military bounty land-warrants

Private land scrip

Yalentiue scrip

Sioux half-breed scrip

Porterfleld scrip

Donation claims

Indian allotments

Homesteads (final)

Timber-culture (final)

OBIGINAL BMTRIEB.

Desert-land

Timber-culture

Homesteads

BAILBOAD AND OTHBB 8BLKCTIOM8.

Railroad

Swamp

Swamp indemnity. Educational, etc . . .

BBCAPITULATION BT TOTALS.

Final entries

Original entries

Railroad and other selections. .

Total

Deduct t^tal of increase .

Net total decrease.

Ifumber I

of I

entries. I

Number of acres.

7

242

15,248

8,464

118

1,314

5

5

28

1,004

868

3

0,005

42

170

91

3

1

1

4

20

38,080

2,aia

t

60, 870

2&66 38,617.79 2,204,005.07 600,806.61 16,108.84 36^806.81 1, 745. 57

1,613.54

133,305.42

244,634.04

400.00

005, 536. 41

4,348.38

19,034.82

10,430.62

110. 60

150.99

6.22

785.81

2, 167. 85

4,060,502.77

423. 048. 70

8,612,872.32

1,504 11.935 40,244

53,773

478.840.56 1, 787. 403. 14 5,531.678.60

7. 797, 931. 30

1,752.758.86

19, 316. 53

3, 863. 32

235,061.48

2, 010, 000. 10

59.670 8,612,872.32 63,773 7,797,931.30 2,010,000.19

113, 443 18, 421, 703. 81

■11

Cash receipts.

Sales.

0200.12

49,418.22

2, 097,444. 16

1,272,186.66

282,964.70

186, 826. 16

2,781.06

238.00

2,339.98

298, 062. 30

246,080.76

500.00

1,227,065.77

5,900.18

6, 486. 210. 01

181, 253. 04

131,253.94

Fees and com-

609.00 13.00 3.00

1.00 26.00

142, 007. 18 11,584.00

155,132.18

161.561.00 654, 715. 80

716, 276. 89

21, 913. 19

6,486,210.01 131,253.04

6,617,464.85 806,842.03

40.00 2, 970. 77

24. 932. 96

166; 182. 18^

716,276.88

24,982.96

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REPORT OF COMMISSIONER OF GENERAL LAND OFFICE. 11

JwM 30, 1890 ; a,Uo amo%%% of eiuik reotipt$ far titme, and inerwue or d&ortoM as oom- ing June 30, 1889.

Inereese m oompftred with 1888.

Knm- berof entries.

Number of mores.

Cash sales.

Fees and oom mis- sions.

Number of entries.

Number of aores.

Gash sales.

Fees and eemmisslons*

1 1,478 4,843

174.94 117,865.06 687,128.08

1168.28 188,688.62 988,148.80

1,088

175^876.78

436,830.56

68

12^628.89

218,675.50

10

408.28 885.65

6.839.46 710.48

i

61

1,286.70

38&02

86^462. 43

19

06

224

8

1,235.80

1S,868.]2

57.475.16

400.00

56,188.71 500.00

'•'n

618,000.69

2,811.41

44&88

6,402.82

198.70

66.61

826,820.68 3.811.18

12

29.00

62 4 S

882.00

7.00

1

5.22

4 88

1.272.24 8.412.96

40.00

2,531 2, MO

878.883.07 856,888.77

13,610.96 9,620.00

1

6.871

886,972.65

499,068.21

28.160.95

10,094 1 1.482,692.48

2 267, 84a 02

139.00

263

70,039.60

6.828.16

1 1

5.010 1,939

768,866.08 497.551.66

68,ii7.06 49,960.69

'-•/'••

353

70.039.60

6.829.16

6.949

1,261,217.74

119, on. 69

459, 090. 18

1.990,866.53.

8,175.92

50,648.36

5^350.76

42.00

766.88

2,503,660.94

6, 160. 14

6,371 258

986,972.66 70,039.60

499.069.21 1.829.16

23.160.95

*10.094 6,949

1,462,602.48 1,261,217.74 2,503,669.94

2,267,848.82

189.00 119,077.68

8,158114

6,684

1,057,012.25

505,898.87

23,160.95

17,048 6,624

S, 227, 680. 16 1,057,012.26

2,267.843.82 505,888.37

125,376.88 28.160.86

10,419

4,170,667.91

1,781,845.55

102.214.88-

^ Net deorease in Unal entries, 3.723; in aores, 475,718.83.

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12 REPOET OF COMMISSIONER OF GENERAL LAND OFFICE.

ENTRIES PENDING.

It is shown by the official records that on Jane 30, 1889, there were 276,751 final entries of all kinds pending, and that at the close of the fiscal year ending June 30, 1890, there were 208,064 of snch entries pend- ing, a decrease as compared with the previous year of 68,687 entries.

MISCELLANEOUS SELECTIONS AND CLAIMS PENDING.

RAILROADS.

Railroad selections amounting to 29,776,955.76 acres were pending at the close of the year, an increase over the amount pending at the be- ginning of the year of 332,704.12 acres. There were also Oregon wagon- road selections pending to the amount of 304,926.67 acres. In Appendix F will be found a detailed statement of these selections and the com- panies for whose benefit they are made.

EXECUTION AND DELIVEBY OF PATENTS.

Patents are executed in the name of the party making an entry or location, except in cases where the statute expressly recognizes the right of an assignee to take patent in his own name. (See depart- mental decision of July 27, 1880, in case of Whittaker v. Sou. Pac R., 7 Oopp, 85.)

The recitals and description of land in patents in all cases follow the register's certificate of entry or location, as prescribed by law.

When patents are ready for deliyery they are, in all cases, trans- mitted to the local office at which the location or entry was made, where they can be obtained by the party entitled thereto, upon surren- der of the duplicate receipt* or certificate, as the case may be, unless the duplicate shall have been previously filed in this office with a request that the patent be delivered as requested by the person sending the same; and in no case is the patent delivered, either from this or the local office, except upon receipt of such duplicate, or, in case of its loss from any cause, upon the filing in lieu thereof of an affidavit made by the present bona fide owner of the land, accounting for the loss of the duplicate, and also showing ownership of the tracts or a portion thereof embraced in the patent.

Patents are delivered free of charge.

BOUNTY LAND BUSINESS.

Of revolutionary bounty land scrip, authorized by the acts of August 3, 1852, and June 22, 1860, and founded on Virginia military land- war- rants granted for services in the war of the Revolution, four claims, in- cluding l,488j^ acres, were satisfied during the year by the issue of scrip. The number of such claims pending is 313, embracing an aggre- gate area of 1 02,404]^- acres. The latter include only snch as await the removal by claimants of minor defects to perfect their claims.

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REPORT OF COMMISSIONER OF GENERAL LAND OFFICE. 13

In coinmating these Virginia military land-warrants into scrip a difflcalty occurs of no small magnitade, rendering the progress of the work necessarily slow. Sach land- warrants were issaed maiDly to citi- zens of Virginia and other Southern States. One of the results of the late war of the rebellion was that many of these claimants either lost their lives or were dispersed over the States. This, with other facts, renders it difficult for claimants to establish <^ present proprietorship."

From the commencement of operations under the several acts np to June 30, 1890:

Acres.

Under act of 1847, 88,263 patents were issued, including an area of 13, 21% 120

Under act of 1850, 189,133 patents were issued, including an area of 13, 167, 040

Under act of 1852, 11,991 patents were issued, including an aiea of. 694, 240

Under the act of 1855, 2^,597 patents were issued, including an area of . . 34, 075, 310

Total 68,148,710

There were located in the several land States and Territories during the fiscal year ending June 30, 1890 (or, if before, not heretofore re- ported), under the several acts of 1847, 1850, 1852, and 1855, before men- tioned, warrants covering 24,040 acres.

ACCOUNTS.

Mistaken methods and practices which had grown np in the accounts division of this office, has caused a great accumulation of official busi- ness in arrears at the opening of the fiscal year which obstructed the operations of the division, and unnecessarily consumed much valuable time in work of no practical consequence. These methods and prac- tices during the year were abolished. The clerical force was re- arranged and in efiect its value increased by the transfer of clerk's from unimportant or unnecessary to valuable work. The pressing business of the division has thus been expedited, and greater efficiency effected.

The duties of the division, under section 456, Revised Statutes, in aaditing <^all public accounts relative to public lands," are elaborate and responsible, and involve an amount of labor not easily estimated.

The aggregate of accounts adjusted amounts to $10,200,339, and the disbursements to $6,887,295.12, or an excess of receipts over disburse- ments of $3,313,033.88.

The multifarious work of this division is up to date, with the excep- tion of the accounts of deputy surveyors.

SPECIAL DEPOSITS.

During the year the deposits by individuals to defray the expense of office work in connection with the survey of mineral lands in certain public land districts, are reported as amounting to $69,264.25, and de- posits by railroads for field and office work in California, Louisiana, Minnesota, and Utah as amounting to $24,779.24, or a total by individ- uals and railroads of $94,043.49.

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14 REPORT OP COMMISSIONER OP GENERAL LAND OPPIOE.

MINERAL LANDS.

ODethoasand three handred and foarteen mineral entries, embracing 35,396.81 acres, were made.

Onebandred and eighteen coal entries were made, embracing 16,198.34 acres.

One thousand four hundred and seven mineral patents and two hun- dred and twenty-four coal patents were issued, the coal patents embrac- ing an area of 33.773.72 acres. This is an increase of over 50 pei cent, of mineral and coal patents issued, as compared with last year.

One thousand six hundred and forty-eight current mineral and coal entries were examined, an increase oyer last year of about 60 per cent., and 1,958 suspended mineral and coal entries were re-examined, as against 1,544 for previous year.

Contests received were 75, an increase of 16 over last year, and 127 quasi-contests were received.

Of contest cases 265 were considered, as against 231 for the previous year, an increase of 34 cases. Of agricultural and quasi-con test cases, involving mineral questions, 526 were examined.

Ex parte mineral entries are in arrears about two and one-half years.

Contest cases, quasi-contests, and ex parte coal entries are up to date.

The chief of the division submits the following draft of a bill for the relief of persons who have or who may hereafter make entries under the pre-emption or homestead laws :

Be it enacted hy the Senate and House of Bepresentativea of the United States of America in Congress assembled, That any person who baa made or who may hereafter make an entry, at any district land office, under the homestead or pre-emption laws, of any lands of the United States not known at the time to contain valaable deposits o^ mineral, shall have the right upon compliance with the requirements of the law under which the claim is initiated, to a patent for the land so entered, notwithstanding any discovery of mineral deposits upon or under the surface of any of said lands after the date of such entry : Provided, that this act shall not affect the status of any entry heretofore canceled.

Such proposed legislation, he believes, would be proper and just in view of the present law as interpreted by departmental decisions, which is, that this office will upon proper protest made that lands en- tered under the agricultural laws, but not patented, have since entry been discovered to be mineral in character, investigate the matter and cancel the entry if the facts charged in the protest are found to be true. He refers to the recent discoveries of phosphates in Florida as a demon- stration of the hardship of the present law.

In addition to the great volume of work shown by the above state- ments, a vast amount ot book-keeping, examining, copying, executive, and miscellaneous work was done, much of which can not be classified under any general head, including 107,649 official letters and decisions^ covering 50,607 pages of letter record.

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REPORT OF COMMISSIONER OF GENERAL LAND OFFICE. 15

GREAT SIOUX INDIAN RESERVATION.

By the act of March 2, 1889, providing for a division of the great reservation of the Sioax Nation of Indians in Dakota, into separate or smaller reservations, and the relinqnishment to the United States of the Indian title to the remaining lands, it is provided that on proof of the proper relinqnishment of those lands by the different bands of the Sioux Nation, nnder the forms or terms prescribed in article 12 of the treaty of April 29, 1868, between the United States and the Sioux Nation, the cession shall be made known by proclamation by the Presi- dent of the United States.

Consequently, the President, acting on proper proofs of the cession, on February 10, 1890, made known and proclaimed that the Sioux Nation had lawfully ceded to the United States the lands outside of the separate reservations, and declared the act of March 2, 1889, ^< to be in full force and effect, subject to all the provisions, conditions, limitations, and restrictions therein contained." Circulars dated, respectively, March 3 and March 25, 1890, were addressed to registers and receivers, explaining and enforcing the provisions of the act.

The proclamation and circulars in plain language declare that the domain of the separate Indian reservation and the rights of the Indians must be inviolable, and that all the provisions of the act must be rig- idly observed. Equitable instructions, under the law, have been issued to the proper officers for the protection of the Indians as fully as possi- ble from wrong or Impositions from whatever cause, and in their rights on the reserved lands, and on the lands on which they now reside ; also for the protection of the lawful homestead and pre-emption settlers j for the determination of all contests between Indians and citizens, as to disputed claims to lands : for the allotment of lands in severalty to In- dians on the reservation ; for the definition of boundaries ; the disposi- tion of school sections 16 and 36 ; the survey of the lands, and generally for the protection of the Indians in all their rights under the law and the treaty of cession. No purchase by citizens of the settlement or im- provements of the Indians will be recognized as having any validity, and all filings and entries will be treated as subject to the Indians' right to take allotments. (See Appendix C.)

By this acquisition, while certain tracts of land estimated as contain- ing 12,681,911 acres are reserved for the occupation of the Indians, the public domain receives an addition of about 9,053,935 acres, which will secure valuable homesteads to a large number of families, after deduct- ing the grant of the sixteenth and thirty-sixth sections for school purposes, and satisfying all claims for Indiaii allotments in the ceded country.

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16 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

OKLAHOMA.

By the act of March 2, 1889, and the President's proclamation ot March 23, 1889, certain lands in the Indian Territory, known as Okla- homa, were opened to settlement nnder the homestead laws, and land offices established at Kingfisher and Oathrie. By the act of May 2, 1890, the tract of land known as the Public Land Strip, or ^^No Man's Land," with certain other lands, was added thereto, and these several tracts of land were created into a Territory to be known as Oklahoma^ with a suitable government.

Katurally, nnder the conditions orcircumstanoes attending the open- ing of Oklahoma to settlement, unusually heavy labor and much diffi- culty has been caused this office in the consideration and determination of settlers' claims under the agricultural laws, as also by the special town-site act of May 14, 1890, in determining their proper construction and in the preparation of instructions to local land officers for their government nnder them. In the circulars of the Secretary of the In- terior, dated respectively June 18, 1890, and July 10, 1890, and in my circular of July 18, 1890 (see Appendix O) is contained the latest in- formation respecting land matters in Oklahoma.

ABANDONED MILITARY RESERVATIONS.

The appropriation of $20,000 for the survey, appraisal, and sale ot abandoned military reservations by the act of March 3, 1885, was ex- hausted in the execution of the surveys under the instructions of de- partmental letter of January 20, 1887.

No further instructions authorizing surveys of these reservations have been received since that date. Lack of funds has prevented a fur- ther compliance with the provisions of the act of July 5, 1884, author- izing the survey, appraisal, and sale of these reservations, and it is urged that an appropriation of $20,000 will be necessary to complete their survey.

An official list of these reservations, seventy-five in number, and their acreage and present condition, will be found in Appendix G.

MAP OF THE UNITED STATES.

The draughting division was active in its labors during the year, and executed some important and most useful work. The map of the United States was revised and corrected from official surveys. Maps were com- piled and tracings for maps made of a number of the States and Terri- tories, and others are in rapid course of compilation. An edition of 14,000 copies of the map of the United States is now in press, and maps of States are in the publishers' hands.

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REPORT OF COMMISSIONER OF GENERAL LAND OFFICE. 17

A large number of railroad maps were examined and reported upon, and a larger number prepared with land-office designations. Much photo-lithographing work was performed under its direction, with much other and useful labor, a description of which, in detail, will be found in Appendix L.

CONTESTS.

The volume of contests under the different acts relating to the public lands decreased somewhat duripg the year. During the previous fiscal year the number of contest cases received was 8,179; those received during this year numbered 7,631 (adecreaseof 548), while a larger num- ber of cases during the year was finally disposed of, and a lesser number at the close of the year remained pending. The annexed statement embraces the principal transactions of the contest division during the year:

Cases.

Contests on hand July 1, 1889 .' 8,185

Received during the year 7,t31

Total 15,816

Cases finally disposed of 8,470

Leaving pending July 1, 1890 7,346

Involved in these pending 7,346 cases is embraced an acreage of 1,175,360 acres. Other important work performed by the contest di- vision will be found in detail in Appendix H.

Particular attention is called by the chief of this division to that class of contest cases in which no appeal is taken from the decision of the local land officers. On hand on July 1, 1889, and received during the fiscal year, were a total of 11,660 such cases, of which 7,374 were closed or disposed of during the year, leaving on hand 4,186 cases. Every effort was made to expedite the closing up of this class of cases, but it was found impracticable to accomplish more with the clerical force available for such work. It is believed, however, that a practicable remedy will be found through a proposed modification or amendment of the rules of practice.

PREEMPnON.

Owing to the vast accumulation of entries not reached for action, and the many thousand cases which were suspended under the merely tech- nical rules of the late •* Board of Review," the correspondence of the pre- emption division for the past year has been very heavy. Work was especially directed to relieve the over-burdened suspended files, and to reduce the surplus of accumulated cases. Great progress has been made. But the efficiency of the pre-emption service was '* seriously crippled^' by a reduction of its force by transfer to other divisions of some of its 9405 L O 2

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18 REPOBT OF COMMISSIONER OF GENERAL LAND OFFICE.

experienced employes, while tbeirt>laces were unavoidably left an filled or only partially filled by inexperienced clerks.

Entries,

Om^c exitrios all in KaDsag . Other pre-emption entries...

Total .

Suspended.

139 2,503

2,732

Not examined.

14,225 47.040

61,274

In Kansas the 0«ia.;e entries, on which full pnymonts were ronde, not examined 7, 954

OsAge entries on which partial paynients weiomade.not examined 6,271

14,225

Cases ponding Juno 30, \BH9 88,754

Cases received dnring the year 24,008

112, 762 Disposed of during the year:

Approved for patent 48,526

Canceled or referred to ot^er diviaions 270

48,796

Pending July 1,1890 eaToW

Examined and suspended 2,092

Not examined 61,274

63,966

Entries sahjected to preliminary examination and suspension during the fiscal year 7, 117

VACANT OR UNSETTLED PUBLIC LANDS.

Every eflfort in my power has been made to obtain at least ap[)roxi- mate areas and their location in tbe several land States and Territories of vacant or unsettled public lauds. The local land officers, in their re- spective districts, have labored faithfully to fnrnisb this information. But with all their assiduity I have been unable to obtain completed re- turns from all the States for my report proper. But a complete state- ment will doubtless be included in appendix 0 of this report. To illus- trate the value of this information, I will mention with reference to tbe Southern States, as to which many inquiries have been received in re- gard to particular localities, that 685,900 acres of vacant and surveyed land in the Montgomery district, Alabama, have been reported ; in Louisiana, in the New Orleans district, an approximate of 825,669 acres; in Arkansas (entire), 4,902,329 acres; in Mississippi (entire), 1,407,480 acres ; in Florida (entire), 2,283,626 acres surveyed and over 3,000,000 acres of unsurveyed lands. It is probable, however, that the larger part of the unsurveyed Florida lands have passed to the State under the swamp grants, or is swamp in character.

This information is regarded as important to the emigrant or citizen looking to a proper location on our public lands, and a statement, com- prehending all the facts attainable will be pushed to an early comple- tion.

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BEPOBT OF C0MMIS8I0NEB OF GENERAL LAND OFFICE. 19

BAILBOADS.

The work of the railroad division, which consists chiefly in. the de- termination of controversies affecting land grants made by Congress to aid in the construction of railroads, wagon-roads, and canals, and the examination of articles of incorporation and maps of location filed by railroad companies seeking to acquire the right of way over the public lands has continued to increase. This fact is due, in a measure, to the act of March 3, 1887 (24 Stat., 656,), providing for the adjustment-of the grants made by Congress to aid in the construction of railroads; and the questions arising are in many cases, by reason of conflicting inter<»8ts, very complicated, and the amounts involved often very large.

The said act provides for an immediate adjustment, where it appears that lands have been erroneously certified or patented on account of railroad grants, and that demand be made of the company receiving such lands for re-conveyance to the United States ; and directs, in the event of failure to make such conveyance, that suit be instituted by the Attorney •Genera^ to re-invest the ETnited States with title.

The said act also makes provision for the re-instatement of entries erroneously canceled on account of railroad withdrawals, and, upon cer- tain conditions, for the confirmation of titles derived by purchase of the companies of lands shown to be excepted from the grants.

The demands made under this a<;t have been numerous, and in some cases have resulted in the re-investment of title to the land in the United States; but in most cases the demand has been refused, or no response made thereto, and suits will be necessary.

The work of adjustment contemplates a disposition of every tract, prescribed by the granting act, situated within the primary or granted limits ; an inspection of each tract certified or patented to the company within such limit, to determine whether such certification or patenting was proper ; the listing of those tracts shown to be erroneously certi- fied ; and the determination for what tracts lost to the grant indem- nity is allowable.

It is necessary, in making such an adjustment, that all questions of conflicting claims, either between settlers and the road, or between two roads, the grants for which conflict or overlap, be flnally disposed of, so that a proper disposition of the land can be shown in the adjustment.

The question of railroad land-grant forfeiture for breach of condi- tions has been before Congress for a number of years without resulting in the passage of a general act of forfeiture, and this oflice, in order to avoid complicating the matter, has suspended action upon cases involv- ing rights within the limits of such grants and opposite the portion of the roads constructed out of time, awaiting the action of Congress.

Selections by the companies opposite such portions have, with few exceptions, also been suspended, and certification or patenting withheld.

In some of the grants, notably the corporation grants, the lack of

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20 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

sarveys renders an immediate adjustmeut impossible, but recommenda- tion, accompanied by estimates, has been made that a sum sufficient to complete the surveys be appropriated by Congress.

The adjustments of the grants for the following companies have been Bobmitted to the Secretary of the Interior for his approval, viz :

Kanie of railroad.

When sub- mitted.

St^ouin. IroDtMonotain and Sooth- em (A rkauMM)

Cfrdar Rapids and Missouri River.

Dabuqueand racifia

Chicago, St. Paul, Minneapolis and Omaha.

Little Kook niid Fort Smith

Missouri, Kansas and Texas

Atchinson, Topeka and Santa F6 . . .

St. Paul, Minneapolis and Manito- ba, and St Paul and Northern Paoiflo

Auji:.18,1888 Nov. 17, 1888 Sept. 23, 1880

Oct. 30,1869 Nov. 12, 1889 Nov. 18, 1880 Dec. 20, 1880

Jan. 25, 1890

Name of railroad.

Alabama and Florida

Florida and Alabama

Vickaburg, Shreveport and Pa- cific.

St. Paul and Dnlath

Southern Minnesota Extension

Chicaizo and Northwestern (TiVis- consin)

Alabama and Chattanooga

Chicago, Milwaukee and St. Paul (Iowa)

When sub- mitted.

Feb. 26,1890 Do.

Do. Do. D .

Do. Feb. 27,1890

Ma}' 19,1890

An adjustment of the grant for the Coos Bay military wagon-road was sabmitted January 13, 1888.

The letters submitting the adjustments will be found following the tables in appendix F.

The adjustments of the grants for the following railroads have been approved, viz :

Name of railroad.

Slonz City and St. Paul . . . Hannibal and St. Joseph . . . Grand Rapids aud Indiana

When approved.

July 22,1887 May 29,1890 June 20, 1890

The adjustments of the grants for the Hastings and Dakota Railway Company and the Florida and Peninsula Railroad Company are in course of i)reparation. Both of these roads have been entirely con- structed, but a large portion of each was built out of time.

During the last year reports have been made, through the Secretary of the Interior, upon a number of bills referred by the several commit- tees of Congress for expression of opinion.

The records and files of the railroad division are distinct from those of other divisions, and while record is made upon the tract books of selections made by the companies, and the approval or rejection of the same, yet those interested, after making an examination of the tract books, invariably resort to that division for confirmation of the record as shown in the public lands division.

The vital question presented in most of the controversies over which the railroad division has jurisdiction is, was the tract excepted from the operation of the grant ? Which involves the further question, What claims serve to except land from the grant *

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REPORT OP COMMISSIONER OF GENERAL LAND OFFICE. 21

lu the early administration of these grants the construction was gen- erally in favor of the grantee^ and the record of a claim was not deemed sufficient to defeat the grant, but it8 validity must be established.

A claim based upon settlement and residence, without an entry, was, therefore, not recognized ; neither was a pre-emption tiling upon which proof had not been ma4e, or, in other words, that had not ripened into an entry.

In the case of Northern Pacific Railroad Company v. Aurys (8 L. D., 362), it is held that ^< a claim resting on settlement, residence, and im- provement, and existing at the date when the grant becomes effective, is a claim contemplated by Congress in the exempting phrase, < occu- pied by homestead settlers,"' and a review of this principle was refused March 4, 1890 (10 L. D., 258).

In the case of Malono v. Union Pacific Railway Company (7 L. D., 100), it was held that "the existence of a prima facie valid preemption tiling, at the date when the right of the road attached, excepts the land cov- ered thereby from the operation of the grant," aiid in the case of the Northern Pacific Railroad Company v. Stovenour (10 L. D., 045) this principle was reaffirmed.

The change in the rulings made in these cases affects large bodies of land and disturbs adjudications heretofore made, as, under the act of March 3, 1887, it is mandatory upon the Secretary of the Interior to de- mand a reconveyance of title, if the grant is unadjusted and the lands have been erroneously certified or patented to or for the benefit of rail- roads. (Winona and St. Peter Railroad Company, 9 L. D., 649 ; Prin- deville and Dubuque and Pacific Railroad Company, 10 L. D., 575.)

The act of June 22, 1874, makes provision for the relinquishment of lands by railroad companies in favor of parties who have been erro- neously permitted to make entry thereof, and the selection of other lands within the limits of the grant in lieu thereof.

Heretofore, in accepting such relinquishments and permitting selec- tions in lieu thereof, no distinction was made between lands within the granted limits and those within the indemnity limits; but, under date of January 23, 1890, it was held that •* lands within . the indemnity limits of a grant do not afford a basis for relinquishment and selection under the act of June 22, 1874 "that a certification on such a basis is erroneous, and proceedings for the recovery of title under the act of March 3, 1887, were directed. (St. Paul and Sioux City Railroad Company 10 L. D., 50.)

Of the certifications heretofore made under this act a large propor- tion is based upon the relinquishment of indemnity lands.

During the fiscal year ending June 30, 1890, 363,862.15 acres of the public lands were certified or patented to States and corporations for railroad purposes ; a decrease as compared with the previous year of 61,183.87 acres. The number of railroad patents issued was eighteen. For wagon-roads or canals, no certificates or patents were issued.

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22 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

The mileage of land-grant railroads actaally constrncted np to the close of the last fiscal year was 18,070.71 miles, of which 40 miles were con- strncted dnring the year,

The lists of railroad selections at the close of the last fiscal year awaiting examination or action covered 29,471,709.09 acres } the selec- tions for wagon roads in Oregon covered 305,246.67 acres ; making an acreage of 29,770,955.76 acres embraced in pending lists of selections for railroad and wagon-road construction.

Public lands certified or patented to States and corporations up to 1890.

Acres.

For railroad purposes (1850 to 18U0) 51,379,346.21

For wagon-road pnrposes (1824 to 1890) 1,732,730.83

For canal purposes (1828 to 1890) 4,424,073.06

For river improvements (1828 to 1890) 1,400,210.80

58,992,360.90

A Statement of the annual report for June 30, 1888, (p. 232-241) shows the dates of filing of maps of location by land-grant railroad com- panies and the dates of withdrawal of lands made thereon. But one snch map has since been filed (main line of the Southern Pacific Bail- road about 20 miles westward from Huron in California), withdrawals on which were ordered April 15, 1890.

Articles of incorporation filed by thirty-six railroad companies for right of way through the public lands were approved during the year. The whole number of railroad companies claiming such right of way on July 1, 1890, under the general right-of-way act of March 3, 1875, was 360. A large number of maps of location, filed by these com- panies during the year, were returned, as failing to strictly comply with the prescribed forms of certificate and affidavit required to be attached to such maps.

A logging company managed to secure approvals of articles of in- corporation and maps of location for a railroad. In its construction public timber was used. But it was subsequently learned that the road was not intended as a common carrier, as required by the act of March 3, 1875, under which the right of way was claimed, but merely as a private vehicle to facilitate or aid the company in its logging business, and consequently proper measures were promptly taken to procure a revocation of the grant of right of way.

SWAMP LANDS.

In the adjustment of claims for swamp lands and swampland indem- nity, six special agents were employed during the year in making per- sonal examinations in the field of lands claimed under the swamp grant, and were present on behalf of the Government at the taking of the tes- timony presented by the respective States relative to the character of

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BEPORT OF COMMISSIONER OF GENERAL LAND OFFICE. 23

the land, in accordance with the ralea and regulations of the Depart- ment, dated Augast 12, 1878.

Dnring the past fiscal year, 19,216.53 acres were claimed and reported to this office under the acts of Congress, approved September 28, 1850, and March 12, 18G0, granting swamp and overflowed hinds to the sev- eral States, making the total area claimed and reported under snid acts 80,218,419.21 acres.

Lists embracing 126,990.49 acres have been formally approved to the several States during the past year, increasing the total amount thus approved to 59,100,463.67 acres, including 8,708,588.48 acres approved to the State of Louisiana, pursuant to-the provisions of the act of March 2, 1849, under which act the approval has the force and eifect of a patent.

Patents have been issued during the last fiscal year under the acts of September 28, 1850, and March 12, 1860 (Sees. 2479, 2480, 2481, and 2490, Rev. Stat.) for 109,351.89 acres, or a decrease as compared with the previous year of 150,369.56 acres, making the total patented under said acts and approved under the act of March 2, 1849, 57,209,324.43 acres.

No land was disposed of during the last fiscal year under the pro- visions of the swamp land grant of March 2, 1849. This grant applies only to the State of Louisiana.

Under the indemnity acts of March 2, 1855, and March 3, 1857, dur- ing the past year, cash indemnity accounts amounting to $32,472.83 were examined and allowed, and the tracts patented to the several States as indemnity amounted to 7,906.63 acres.

The total amount of swamp-land indemnity adjusted and allowed since the passage of the indemnity act is 1,566,011.41 acres for cash entries of swamp land, and 588,126.23 acres patented in lieu of swamp lands located with military bounty land warrants and scrip.

The correspondence and general work relating to swamp lands have been kept up as far as possible, and a larger number of old cases has been finally disposed of this year than in the preceding one.

New selections are being made and reported constantly, and con- siderable progress has been made in the adjustment of such claims.

PRIVATE LAND CLAIMS.

During the year the following work was performed by the private land claims division.

Indian patents :i54

Oregon and Washington donation patents 24

Claims in California patented 1

Claims in Indiana, Louisiana, Florida, and Arkansas patented 28

Claim in New Mexico, reported to Congress 1

Claims in Louisiana (act of June 2, 1858) satisfied with scrip amounting to

16,272.87 acres 29

Entries with certificates of location finally approved 147

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24 EEPOBT OF COMMISSIONER OF GENERAL LAND OFFICE.

The following is a statement of the conditiou of the work in that di- vision on July I, 1890 :

California cases docketed and not finally adjudicated 14

Cases confirmed in New Mexico and Arizona and not finally adjudicated 27

Imperfect claims reported under acts of June 22, 1860, etc., to be reported to

Congress by this office 2

Florida, Louisiana, Michigan, Illinois, etc., cases awaiting action 2,935

Claims within the limits of Las Animas grant in Colorado in which awards

were made by the register and receiver at Pueblo under act of February 25,

1869, not adjudicated 3

Claims within Las Animas grant in Colorado, act of February 25, 1869, on i51e,

exclusive of one disposed of in 1874, and one withdrawn 24

Scrip locations pending 854

Scrip cases, act of June 2, 1858, reported and awaiting action 59

Oregou, Washington, New Mexico, and Arizona, donation cases reported and

not finally adjudicated 117

Indian allotments not patented 109

ARIZONA,

The survejor-general reports that the work in his office relating to private land claims has received much of his attention during the last fiscal year. He states that:

In October I reported the Peralla claim for almost 5,000,000 acres of land as a for gery and fraud through and through, and recommended the prosecution of the fab- ricators of the fraud. The Commissioner ordered the claim stricken from the docket, which order was complied with. There are several private land-grant claims in this oflQce and undisposed of, and some before the honorable Secretary of the Interior on appeal on questions preliminary to final investigation and report.

THE ALLEGED GRANT TO DON MIGUEL DE PERALTA.

In the case alluded to above by the surveyor-general I rendered a decision on February 20, 1890, holding that the essential foundation of a recognizable claim under the laws of Spain and Mexico do not appear, etc., «and ordering the case stricken from the docket. The letter con- taining said decision is given in the appendix, marked D.

An appeal from the decision was taken, and is now pending before the Department.

NEW MEXICO.

No progress has been made during the past year in the final adjust- ment of private land claims in New Mexico. The subject is one of vital importance to the people of that Territory, and many measures have been introduced in Congress, from time to time, looking to the speedy and just settlement of these rights of property asserted under treaty stipulations, but they have failed to become laws. I quote from the last annual report of the bureau upon the subject of said claims as follows:

This bureau annually, for many years, has called special attention to the unsettled condition of private land claims in New Mexico (and also in Arizona and Colorado), asserted under the treaty of Guadalupe Hidalgo and Gadsden purcliase.

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REPORT OP COMMISSIONER OF GENERAL LAND OFFICE. 25

More than a third of a century has elapsed since Congress, by the act approved Jnly 22, 1854 (10 Stat., 308), provided the first machinery for the definite adjnstment of these claims to portions of ceded or purchased territory, assuming that the valid claims were subject to recognition and protection by the United States, under treaty stipulations, terms of purchase, the laws, usages, and customs of the countries having the granting authority, etc. But few laws have been enacted touching said claims. The act of 18r)4 was supplemented by the act of February 28, 1861 (12 Stat., 172), the seventeenth section of which provides that the duties, powers, responsibilities^ etc., of the surveyor-general of Colorado shall be the same as those of the surveyor-gen- eral of New Mexico, under the direction of the Secretary of the Interior, and such instructions as he may from time to time deem it advisable to give him. In the sundry civil appropriation act approved July 15, 1870 (16 Stat., 291), the surveyor-general for Arizona is clothed with power to examine claims of this charac- ter in his jurisdiction and report upon the same, which reports '* shall be laid before Congress for such action thereon as shall be deemed just and proper.''

Under the provisions of law referred to, supplemented by departmental instructions based thereon, the proper officers have investigated aud reported upon numerous claims, embracing millions of acres, and those reports, witli transcripts of the records on which they purport to be founded, have been duly laid before the legislative branch of the Government, whlch*alone, under existing statutes, can finally confirm or reject them. The titles to some have been determined to be valid ; they have been located and surveyed in place and carried into patent ; but many are still pending before Con- gress (as per exhibits published in former reports), which tribunal has so far neglected to deal with them individually; i

In the mean time it is evident that the claimants are to a greater or lesser extent enjoying the usufruct of the land, especially where preliminary surveys have op- erated in conjunction with official constructions of law to reserve the tracts claimed from entry and improvement by actual settlers under the public-land system, this without reference to the standing of the claims, prima facie, as set forth in whatever official reports have been made in the premises.

No claim has been directly rejected by action of Congress thereon to my knowledge ; and in this connection attention is called to the ''Rancho elpasodelas Algodones,'' in Arizona, in which case special action by Congress has heretofore been recommended. There is a pressing necessity for further legislation looking to the final and speedy settlement of these demands upon the soil, to the end that the public domain may be separated froin, and its surveys fixed and closed upon, the legitimate boundaries of private property.

Particular attention .is invited to that portion of the surveyor gen- eral's report (which will be found printed in full in the appendix) rela- tive to the small holdings by the large number of people in New Mexico who became citizens of this Kepublic as a result of war and annexation. Under a perfected colonization system of the former Government, and the equitable laws of the Latin races in matters pertaining to the soil, these small farmers were secure in their rights ; and, although menaced by hostile savages, they clung to the same small parcels of irrigable land, subsisting and multiplying thereon, from generation to genera- tion.

These people have no paper titles, and are almost totally ignorant of tbe land system of this Government.

This matter has been fully explained to Congressional committees in times past, and remedial legislation is much needed to protect the inter- ests of such native-born New Mexican farmers. Their ^' preference

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26 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

rights" to tracts so inhabited and cultivated should certainly be recog- nized, an<i made as clear by law as are similar rights of native or natur- alized citizens under exivSting public land laws. I quote from the surveyor-general's report as follows :

GRANTS.

During the year the boundaries of the grant known as La Salina, which said grant was confirmed to the heirs of Henry Volcker (25 U. S. Stat., 1194), have been estab- lished. Prior to the survey an investigation was made for the purpose of furnishing information upon which to base special instructions.

Only one petition has been filed under section 8 of the act of June 22, 1854.

The claim above referred to is filed by the Indians of Isleta, who claim certain lands outside of the boundaries of the grant confirmed to them, and which is alleged to have been purchased by them in 1750. They claim to have been in actual posses- sion of the land ever since the date of sale to the Pueblo. '^ * *

The failure of claimants to present their claims may be easily accounted for. It is a matter of some expense to present a claim before this office. Witnesses must be brought here and an attorney must be employed.

Even should the surveyor-general return a favorable reifcrfc to Congress, the return for all this trouble and expense would be very small. Past experience shows that the report would probably not be acted on by Congress, without which action the opinion of the surveyor-general would amount to nothing, in view of the decision of t L Supreme Court of the United States, that the favorable opinion of the surveyor- general is no evidence of title.

There is no subject that more justly demands the immediate attention of the Gov- ernment of the United States than this matter of unsettled laud claims. The num- ber and character of unsettled claims so far as they have been filed in this office is given in the annexed statement marked Exhibit C, but there is also a very great num- ber of just claims that have never been filed.

New Mexico was first taken possession of by Spain through an expedition com- manded by Coronado, Just 350 years ago, before De Soto had reached the Mississippi. It was permanently settled before 1600. From that time until 1821 title to land within its borders was gradually passing from the Government of Spain to pri- vate parties. In a similar manner the Republic of Mexico, by wise colonization lawp, endeavored to promote the settlement and private ownership of lands, while the Gov- eroors acting under her authority often gave away land with what seems to us reck* less prodigality.

When New Mexico became a part of the United States, it contained a population of SOjOOO. Some of these were wealthy and held great tracts of land, often given them as a reward for military services.

Although smaller holdings of land are more consonant with our ideas of what is best for a Tree community, still it mnst not be forgotteu that the Government of the United States agreed to protect these persons in the enjoyment of their property, whether they resided hero and became citizens of the United States or remove*! southw^ard and remained citizens of Mexico. ,

A large number of these claims have been cidjusted under the provisions of the law of 1854, establishing the office of surveyor-general, and the remainder would soon be disposed of if Congress would act upon the reports of the surveyor-general. A care- ful re-examination and re-survey would, however, in many cases be desirable by rea- son of the conflicting reports of previous surveyors-general and in order that all the facts obtainable bearing on each case might be laid before Congress.

If, however, Congress should be unwilling to take the responsibility of deciding these cases, it should empower some tribunal to proceed to decide them.

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EEPORT OF COMMISSIONER OF QENERAL LAND OFFICE. 27

SMALL HOLDINGS.

By far the larger part, howeveri of the 80,000 people who became citizens of the United States by the annexation of New Mexico were poor. They and ytheir anc^- tors had been located where they were by the colonization plan pursued by Spain add Mexico.

About the time of the discovery of New Mexico Emperor Charles V of Spain de- creed as follows :

'*If in that which is already discovered in the Indias there should be any places and districts so good that it may be proper to found settlements, and any person should make application to settle and reside in tliem, In order that with a greater will and profit they may do so, the viceroys and residents may give them in our name lands, house-lots, and waters, in conformity with the disposition of the land."

This plan was pursued until the annexation of the territory by the United States. Under the Republic of Mexico the colonization laws and regulations became a very complete system, admirably adapted to the character of the people they were design<>d to benefit and to the character of the country to be occupied. The goyerning ideas always were that to any one without land land should be given as long as the Government had unoccupied land, and that it was better for the nation that the country should be settled and the land reduced to private ownership.

Generally the lands and Waters were assigned to each person "in conformity with the disposition of the land " by an inferior officer (Alcalde) sent with them for the purpose. The result wouid be a placita with ite outlying lands, Bomething like the following : ^

The Arabic figures indicate the house lot on which the man lives with his family, and the Roman' jiumerals his farm lot, on which he raises the little crop of wheat and vegetables by which they subsist.

The moisture which causes bis crop to grow comes not from the blue sky over his head, but from the acequia at the rear ; and when his turn comes to use it he cuts its bank with his hoe, and the life-giving water quickly fills his first square of earth to the depth of a few inches, then, as the ground all slopes gently down toward the river, the water moves quietly on from cross- ridge to cross-ridge, leaving the square behind it so thoroughly soaked that under the warm sun of New Mexico they will produce luxuriantly of whatever may be required of them. From the nature of his cnltivation his land must extend from the acequia downward as the land slopes ; and so farms that look all out of shape to the Eastern man are the almost universal custom here, and they are more apt to grow narrower rather than wider, for if a man who owns a strip 200 yards wide and one-fourth of a mile long dies leaving four children, then each of them, without a will or deed, but simply because every one so understands it, becomes the owner of one-fourth of it, that is, of a strip of the full length and 50 yards in width. Again, the owner of lot 3 may, on marriage, acquire with his wife lot 14. Then he goes on cultivating the two without seeming to try to get his holdings consolidated.

Of course, the owners can not make entries under the land laws for land in such shapes. Their not living on the lands would also prevent entry.

The owners of all the farm lots up and down the river live together about the plaza, in which they can quickly rally in case of an Indian attack, the regulations requiring every man to be supplied with arms and horses for the common defense. Unitedly they dig the acequia and do other work for the common good ; unitedly they rear the village church and maintain its worship. Sometimes the settlement was established by a formal grant, which gave to it also the land for ten or twenty miles on either side of it. In such cases it is specified that this is for the common benefit of the settlers, by furnishing them pasture land and wood land, and for those who should afterward join themselves to the new settlement.

The idea of the Mexican people always was that the large tract gave the settle- ment room to grow, and that any new comer or boy becoming of age who wanted a

See next page.

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28 REPOBT OF COMMISSIONER OF GENERAL LAND OFFICE.

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REPORT OF COMMISSIONER OF GENERAL LAND OFFICE. 29

piece of land oat of the common stock to cultivate could have it, and could goon to improve it by taking out a new ditch or otherwise.

In view of these facts I think that everyone living in this community at the lime that it was transferred to the United States had a certain interest in the outlying lands, and thai they did not belong esclusively to the heirs or assigns of the one or more settlers-mentioned in the original papers. I also think that every member of such a community, no matter how poor he may be, was included in the provisions of the treaty of Guadalupe Hidalgo, that Mexicans electing to becomes citizens of the United States *' shall be protected in the free enjoyment of their liberty and property." In order to protect them in their properly in laud, and to avoid taking it away from them and throwing it into the mass of its own property, the public domain, it was necessary for the United States to determine what the property of each one was. This should have been done at once. As it was not done, and matters were allowed to drift along in the old way, I consider that the Mexican custom as to the rights of new comers who joined themselves to a community, continued to run, and that every person now holding land on a grant made under the colonization laws has an inter- est in the outlying lands of the grant.

The question as to what each man owns should be settled at once. The whole prosperity of New Mexico depends upon it. The gravest evils have already resulted. Supposed interests in community grants have been brought up, and uuder them large tracts have been fenced and poor men have found themselves substantially shut up to their farm lots and thereby reduced to the greatest distress. While they could get a living from the farm lot combined with the herd of goats and sheep living on the common pasture, and with the privilege of the common timber lands, they can not get it from the farm lots alone. The result is widespread suffering, rest- lessness and trouble, which threatened the peace of the community.

I think the remedy for this is surveys, combined with authority given the land offices to issue patents to each man for what belongs to him. The deputy surveyor's going to such a community and telling the people that he has come to assist them in getting title to their homes, would be rendered every assistance. Let every farm lot of long occupancy be surveyed and shown on the township' plat as belonging to its owner. Then if it be an unconfirmed community grant with outlying lands, assign to each one a wood lot, say of the same size as his farm lot, in payment for his in- choate right in these outlying lands. Lands that could be made very valuable can not be left as unfenced commons for the benefit of a few goats find cattle.

The system that was adapted to the old time and the needs of a sparsely settled community must now pass away and be replaced by the American plan of individual ownership and inclosed lots, and the sooner the Government makes the inevitable change, the better it will be for all concerned.

After the plat goes to the register, the indications of ownership thereon should be subject to contest by anyone claiming the s£me land, in the manner that entries are now.

But there would be but few contests. The ownership of lots iu this country is well known, and universally acquiesced in, with rare exceptiocs. Long continued occupation, with the consent of the Goverument and all parties interested, consti- tutes as just a claim as property is hold by anywhere. A settlement of these matters in accordance with justice will be a permanent settlement and will be the best for the Government, and best for all interests in New Mexico.

Certain title to the land is the foundation to all values. Enterprise in this Terri- tory is greatly retarded because that foundation is so often found lacking.

COLORADO.

^Nothing of importance is contained in the annual report of the sur- veyor-freneral regarding the few private claims in his district. From a special communication from him (to enable this office to reply, in part,

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30 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

to inquiries by the United States Senate, resolution of June 20, 1890), the following extracts are furnished :

Of the Vigil and St. Vrain graut onl3' one derivative claim, No. 2, awarded to Norton W. Wei ton, amounting to 760 acres, is pentling before this office. (See letter of July 2, ld90.)

Of only two unconfirmed grants papers are on file in this office, namely: The Conejos graut and the Meudano and Zapato grant.

I can not find in the office any record of a decision taken in regard to these grants, but I presume that in the time of Surveyor-General Pelham, then surveyor-general, for New Mexico and Colorado, these grants were declared invalid.

1 cau not find in the records any papers, petitions, or names of counsel or attor- neys, who have prosecuted said claims since the time of Surveyor- General Pelham.

Below follows a synopsis of the papers on file in regard to the said Conejos and Meudano and Zapato grants, giving boundaries as claimed, names of claimants, etc.

CONEJOS GRANT NO. 80.

Petition to Hon. William Pelham, survey or- general of New Mexico; Jos^ Maria Martinez, Antonio Martinez, Julian Gallajos, and Celedonio Valdez, in their behalf and of others, represent to be claimants and owners of a tract situated on the Rio de los Conejos, on the north bounded by the hill of the Garita; on the south by the mountain of San Antonio ; on the east by KI Rio del Korta, and on the west by La Sierra Montoza, each of the claimants having 200 varas in width, fronting on the river.

The original grant made by the Mexican Govern meut being lost, they ask to make oral proof. They can nc/t set forth the quantity of land included in the grant, no Survey having been made. They do not state how many claimants, bnt ask confirma- tion by their attorney, J. Houghton, not dated.

Carlos Beaubien makes a statement under date of Augosl 4, 1S55, that in the year 1832 or 1833, he was with an alcalde, deceased, ordered to lay out the tract of Los Conejos and distribute the tract to the persons who asked the donation.

Thirty-six persons claim right to land, and petition Hon. Juan Andres Arobaleta, prefect of the first district, also without date.

MBNDANO AND ZAPATO GRANT.

Antonio Mattias Gomez and Jos6 Luis Baca de Monday a, appear before the Governor, Facunda Melgares, by petition dated January 19, 1820, asking to forward an applica- tion to Mexico in order that they may be placed in possession of a tract, known to be pabllo land, and as a grant commonly called the Springs of the Mendano and the Zapato and the Rito, which leads near the outlet of the Pedrogosa mountain, and which joins the Grand Lake.

The governor by date of March 14, 1820, states in his petition that this grant appears to him to be just, and approved the possession of the above-named petitioners.

Thence follows a decree dated Mexico, April 1, 1820, issned by the President ad interijn of the Republic of Mexico, stating that the petition of Antonio Mattias Gomez and Jos6 Luis Baca de Sondaya, addressed to the Senate, is granted, and the Gov- ernor ii ordered in company with his alcaldes to designate the boundaries of the grant and give title papers.

The signature of the governor, Facunda Melgares, is different from his signature on papers of other confirmed grants on file in this office.

The governor also makes (order) that this grant shall be in force on common pa- per, there being none with stamps in this kingdom or in this jurisdiction under his charge.

A petition going at the present time from Santa F^ to Mexico to the Senate, to the President, and back to the petitioners in fourteen days, would be considered quick traveling and a speedy action taken. In the year 1820, it was utterly impossible.

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REPORT OP COMMISSIONER OF GENERAL LAND OFFICE. 31 LOUISIANA,

Very few coDflrmed private land claims in Louisiana have been car- ried into patent during the fiscal year. Upon this subject, I quote from the surveyor-general's report as follows:

It is certainly remarkable that years shoald be allowed to roll on, decade after de- cade, leaving tbe citizens totally unable to obtain patents on at least 5,900 private claims solely becantie the ofiSce possesses no ** clerks '* to prepare plats of survey. Time only adds embarrassments to this matter, and unless it is soon attended to, the em- barrassments will certainly increase. - Bat since my predecessors have urged the same matter for years past, I am satisfied that the Department is fully cognizant of all the facts in the premises.

SURVEYOR- general's SCRIP.

Of the jiending claims to this class of indemnity, under the provis- ions of section 3, of the act approved June 2, 1858 (11 Stat, 294), twenty-nine have been adjusted during the year, and the scrip, or " cer- tificate of location," authenticated and delivered to the legal represent- atives of the deceased confirmees. The amount of land involved is 16,272.87 acres.

It is deemed proper to again call attention to the recommendations in this matter contained in the annual report of this office for the year 1888 (pp. 36, 36, 37, and 448).

FLORIDA.

There are a large number of confirmed and surveyed but unpatented j)rivate land claims in Florida. Conflicting surveys exist, which have not been adjusted as contemplated by the eleventh section of the act approved February 8, 1827 (4 Stat., 204). In relation to the original papers upon which these claims were based, the surveyor-general reports as follows :

THE 6PANISB ARCHIVES.

Since 1849 this office hae been the depository of that large mass of ancient docu- ments of the Spanish provincial government, left at St. Angustine when the United States acquired title to Florida. These records contain the basis of titles to lands to an extensive amoant, and probably contain, also, historical matter of ronch valae.

In my opinion they are worthy of better care than they have heretofore received. It is believed that the Spanish land titles derived from them and preserved in other records, written and printed, are bn.t a portion of the important matter still locked up in these archives, which contain the probate records, the original wills, the dockets of civil and criminal conrts, and voluminous records of naval and military history.

These records are unique, and in case of loss can not be duplicated or restored. They are not wholly safe from fire. They have long been subject to the destructive attacks of insects which perforated some of the volumes and bundles to an alarming extent, so that I have used means for destroying the moths. These original manu- scripts are of much the same character and importance as tbose of some of the Pacific districts, where they have been honored with a special officer as keeper of Spanish archives.

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32 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

I would respectfnlly recommend that provision be made for a corapeteDt olerk and translator, who shall index, translate, and preserve the valuable portions, and make their contents accessible to investigation, before the fading of ink and ravages of in- sects shall render them useless, or fire shall entirely destroy them.

A similar collection of Spanish archives of the province of West Florida was kept at Pensacola in care of an officer called '' keeper of Spanish archives."

When that office was discontinued in 1849, the papers in his charge were retained at Pensacola. At the suggestion of yonr office I have made investigation, and find that only a small portion of these archives are extant, the remainder having been destroyed by Are.

CALIFORNIA.

Que private land claim patent in this State was issued during the fiscal year; the " Rancho Canada de los Baqueros f area 17,760 aqres.

. UNDELIVERED PATENTS.

There yet remained in the office of the surveyor-general eleven un- delivered patents for private land claims, upon which fees amounting to $2,262.33 are due. A list of the same with their respective areas, and names of the ])atentees will be found in the last annual report of this office on page 21.

SPANISH ARCHIVE DEPARTMENT,

Relative to this branch of the surveyor-general's office, I quote the following from his report :

In reference to this department, which is a ver^' important one in connection with this office, I would state that upon the records therein rests the title to a large por- tion of the lands in the State, as well as containing in itself a full account of the early settlement of the State and all matters of public interest from which a com- plete history could be compiled. It appears to be in a satisfactory condition. Ref- erence to former reports show that the Department must be folly advised of the past work performed and of the work outlined for the future, and for that reason I will condense the somewhat lengthy report made to me by the officer in charge.

The work has been great and laborious translating and indexing 959 expedientes, or records of proceediugs, with all the title papers tiled in the 813 cases presented for contirmation, and including as well copies and translations of the books of reg- ister of titles Nos. 1, 2, 3, and 4 ; books of records of possession Nos. 5, 6, and 7 have been completed and the originals carefully preserved. The volume entitled Miscel- laneous Documents and Transfers, that shows the chain of title from the original grantees to the parties who presented any individual claim to the Board of Land Commissioners for contirmation, is now complete.

All original title papers and all other documents that in any way relate to the tracts of land referred to in the petition of the applrcant, have been segregated so that whoever examines the trauseripts will find the proceedings that were had upon the petition of any individual for a specified tract of land up to the date of the pres- entation of the claim to the laud commissioners.

The completed work contains 18,200 pages of writing, in twenty-six large volumes, each indexed and two volumes containing 623 tracings of original maps or disefios. The work of compilation of the 302 volumes of Spanish archives has likewise been completed during the past iiscal year, and the work now being performed is that of classifying and assorting the innumerable subjects, after recording and indexing in chronological and proper order. The abstracts and translations of which the index

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REPORT OP COMMISSIONER OP GKNERAL LAND OFFICE. S3

will be oompoBed have been made by carefnl 8tady from 280,639 pages of Spanish mannsoript cootained in these ancient archives, and it is expected that daring the next three or four years the Gk>verDment will have In its archives the most complete, descriptive, and interesting index of pnblio records that has ever been made of Span- ish archives.

The index will be arranged alphabetically and chronologically with proper side refeitfnces, in snch a way that any one desiring to know a certain fact contained in the volnme will at once find what he wants in English, often reading in the index itself the exact words that were nsed by the writer of the docnment one handred years ago.

The volumes, embracing a great variety of subjects, have been arranged differ- ently, to facilitate reference, and are numbered from 1 to 302, the former way of index- ing being absolntely unintelligible.

SURVEYS OP PUBLIC LANDS.

Daring the fiscal year endiug Jane 30, 1890^ sarveys have been ac- cepted, after an examination in the field and careful comparison with the examiner's reports and inspection of the plats and field notes in this office, as follows :

States and Territories. ] Acres. ,! States and Territories. Acres.

Arizona i 507,748.*i«7 ! Nebraska 23,038.51

California 182,031. 41 Nevada 408,857.33

Colorado ' 473,467.72 ! New Mexico 287,181.78

DakoU ; »29,M2.85 I Orefion 84,100.46

Ftorida ' 2,619.33 Utah 576,626.50

Idaho , 22,14a68 Washington 180,122.99

Minnesota 144,855.29

Montana 620,161.42 Total 4,462,69L94

I ll

The appropriation (approved March 2, 1889) for the survey and re* sarvey of the public lands for the fiscal year ending June 30, 1890, was ^200,000, of which sum $20,000 was authorized by the act to be applied to the examination of surveys, etc.

Said act specifically provided as follows, viz :

That in ezpendiog this appropriation preference shall be given in favor of sarvey* ing townships occupied in whole or in part by actual settlers ; and the surveys shall be confined to lands adapted to agriculture and lines of reservations.

With reference to rates of mileage the act further provides as fol- lows, viz :

That the Commissioner of the General Land Office may allow for the survey of lands heavily timbered, mountainous, or covered with dense undergrowth, rates not exceeding $13 per linear mile for standard and meander lines, $11 for township, and $7 for section lines ; or if^ in cases of exceptional difficulties in the surveys, the work can not be contracted for at these rates, compensation for surveys and resurveys may be made by the said Commissioner, with the approval of the Secretary of the Interior, at rates not exceeding $18 per linear mile for standard and meander lines, $15 for township, and $12 for section lines.

The terms of the appropriation act specially allotted the sum of $10,000 for the surveys of lands opened to settlement in the Territory of Montana under the act approved May 1, 1888 } also allotted the sum 9405 LO 3

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34 BEPOBT OF COMMISSIONER OF GENERAL LAND OFFICE.

of $5,000 for the sarvey of the west boundary line of the White Mount- ains or San Carlos Indian Reservation, in the Territory of Arizona.

Deducting the specific ftUotments made by the act for surveys in Montana and Arizona and examination of surveys in the field (aggre- gating $35,000), the amount of the appropriation actually available for public surveys and resnrveys and applicable to all surveying districts was $165,000, which was apportioned to twelve districts, as provided in the following table :

DUtriotB.

Arizona... CaUforoia Colorado.. Dakota...

Idaho

Mfnnesota Hontaaa..

Amoont.

$5,000 10.000 15,000 25,000 10,000 5,000 15,000

Distriota.

New Hoxioo

Oregon

UtS

Waahttigton Wyoming...,

Total...

Amoank

$10,000 10.000 5.000 20.000 10,000

140,000

The sum of $25,000 was reserved for any contingencies that might arise in any of the several surveying districts, including Florida, Louisi- ana, and Nevada, to which no formal apportionments were originally made, although stated amounts for special surveys were subsequently apportioned to Louisiana and Nevada.

During the fiscal years, 1885-'86, 1886-^87, and 1887-'88, under official instructions, expenditures of the appropriation were confined to districts where existing settlements on the lands presented special claims for recognition. Said regulations were in effect first incorporated by Con- gress in the appropriation act approved October 2, 1888, and were em* bodied in the act approved March 2, 1889.

The annual surveying instructions for the several fiscal years as stated, which defined the class and character of the lands to be sur- veyed (except as to timber lands and other modifications), were con- tinued in force, and additional surveying instructions for the fiscal year 1889-'90 were issued to all surveyors-general, and were transmitted July 26, August 16, 20, and 22, 1889.

The annual suifveying instructions for the fiscal year ending June 30, 1890, read as follows :

Department of the Interior, General Land Office,

Washington, D, C, A\igmt 16, 1889. The.U. 8. Surveyor-General,

Sir : By the act of Congress approved March 2, 18ti9, making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1890, and for other purposes, there was appropriated :

**For surveys and resnrveys of public lands, including ten thousand dollars for surveys of lands opened to settlement in the Territory of Montana under the act ap- proved May first, eighteen hundred and eighty-eight, and including five thousand dollars, or so much thereof as may be necessary, for the survey of the wost boundary line of the White Mountains or San Carlos Indian Reservation in the Territory of Arizona, two hundred thousand dollars, at rates not exceeding nine dollars per linear

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mile for standaTd and meander lines, seven dollars for township, and five dollars for section lines : Provkfed, That in expending this appropriation preference shall be given in favor of surveying townships ocoapied, in whole or in part, by actual set- tlers ; and the surveys shall be confined to lands adapted to agriculture and lines of reservations : Provided further j That the Commissioner of the General Land Office may allow, for the survey of lands heavily timbered, mountainous, or covered with dense undergrowth, rates not exceeding thirteen dollars per linear mile for standard and meander lines, eleven dollars for township, and seven dollars for section lines, or if, in case of exceptional difficulties in the surveys, work can not be contracted for at these rates, compensation for surveys and resurveys may be made by the said Commissioner, with the approval of the Secretary of the Interior, at rates not exceed- ing eighteen dollars per linear mile for standard and meander lines, fifteen dollars for township, and twelve dollars for section lines.''

The said act also provides that an amount not exceeding 1*20,000 (out of the $200,000 appropriated for surveys) may he expended for examination of surveys in the field to test the accuracy of the work, and to prevent payment for fraudulent and imperfect surveys returned by deputy surveyors, etc.

From the |165,000 available for apportionment among the several surveying dis- tricts there is hereby apportioned to the district of the sum of .

The fund provided for examinations will be retained under the direct control of this office, and expended in the main for the maintenance of a corps of competent examiners, who will be detailed according to the exigencies of the service in the sev- eral surveying districts. A few cases may arise when it will be found more conven- ient and less expensive to have examinations made under the immediate supervision of the surveyor-general, and in such cases the question of the assignment of sums sufficient to enable the surveyor-general to have the examination made will be con- sidered.

The law requires that in expending this appropriation preference shall be given in favor of surveying townships occupied in whole or in part by actual settlers; hence, in taking measures for the letting of contracts, it will be your first duty to ascertain the localities in which there are bona fide settlers, and the funds should be so applied as to benefit the greatest possible number of settlers.

For several years past it has been the policy of this ofbce to prohibit the survey of forests or heavily-timbered lands (see annual instructions dated September 15, 1885), but it is necessary, under the requirements of this appropriation act, to make some modification cf this restriction. There are in some localities fine agricultural lands, which, although heavily timbered, are occupied in part by bona fide settlers, who at great labor and expense have improved the lands and made for themselves perma- nent homes to which they desire to obtain title. Whenever such cases arise, all the facts as to the character of the lands, the kinds and qualities of the timber, the num- ber of settlers, and the character and approximate value of their Improvements should be presented for the consideration of this office before contracting for the survey. Contracts will be allowed for the survey of timber lands only when their value for agricultural purposes is well established, and satisfactory proof given of their occupa- tion by bona fide settlers who have made permanent improvements.

By the terms of the appropriation act the surveys must be coufiued to lands adapted to agriculture and lines of reservations. With regard to the survey of public lands this restriction is construed as pertaining to suhdivieional surveys^ and it will be neces- sary in some instances to extend standard and township lines over inarable lands in order to reach lands which are adapted to agriculture and occupied by actual set- tlers. In order, however, that the gi'eatest possible benefit may be derived from the appropriation for surveys, the apportionment for your district should be applied as far as practicable to the survey of such townships containing arable lands and em- bracing settlements as are contiguous to existing lines, thus avoiding the expenditure of an undue portion of the available funds for the survey of standard lines.

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36 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

luBtractions heretofore issued require that where a contract embraces the subdivis- ion of a township, the survey of such township must be completed in its entirety, unless natural (.'bstacles render such completion absolutely impossible. The object of this requirement (embraced in the annual instructions of September 15, 1885) was to prevent the practice' of surveying the easier portions of a township and omitting the more difficult portions.

The carrying out of this requirement might in many cases necessitate the survey of portions of townships unfit for agricultural purposes, and such lands are not survey- Able under the appropriation for the current fiscal year. Cases may arise, especially in monntainons regions, where a considerable portion of the lands are not adapted to agricultural purposes, while the arable portion is occupied by actual settlers, and as preference is to be given nnder the law to occupied land, the regulations are so far modified as to permit the survey of the cultivable portions of townships in which settlements have been made, leaving the nncnltivable portions nnsurveyed. In con- tracting for surveys fn mountainous regions or in a tract of country where you know or have reason to believe that a portion of the lauds are unfit for agricultural purposes, you will specially instruct your deputies as to the legal requirement to confine the surveys to lands adapted to agriculture, and direct them in surveying townships con- taining both classes of land to extend the subdivisional lines over all the lands in the township that can be properly classed as agriculturaU

Contracts must state specific rates. Whenever practicable, contracts will be let, under existing regulations, at not exceeding the minimum rates ($9, $7, and $5), but you may, when necessary, allow a compensation not exceeding the intermediate rates ($13, $11, and $7), named in the appropriation act for the survey of the class of lands for which said rates are provided, and in letters transmitting contracts you will state fully f for the informatiox^ of this office, your reasons for allowing such rates.

In case of a demand for surveys for which, owing to exceptional difficulties to be encountered by the surveyor, a compensation exceeding the intermediate rates must be paid, you will, before taking any steps toward letting a contract, forward a state- ment showing the reason why the survey is required, and specifically why augmented rates should be allowed, setting forth the lowest rates at which you can obtain the services of a competent surveyor, character of the land, and all particulars necessary to the formation of a judgment by the Department upon the question of authorizing such a contract.

You may proceed with the letting of contracts without the formality of advertis- ing for proposals, but will use your best endeavors to secure the services of competent and reliable surveyors at as much* less than the rates allowed bylaw as possible. Select as your deputies, as far as practicable, men of known skill and integrity, and when not heretofore known to the United States surveying service, you will require satisfactory evidence of their competency, honesty, and ability to carry their con- tracts to completion. In letters transmitting contracts with persons not heretofore employed, you will present a statement of the evidence of qualification furnished by them.

The act of Congress approved March 2, 1889, entitled, " An act to divide a portion of the reservation of the Sioux nations of Indians in Dakota into separate reservations, and to secure the relinquishment of the Indian title to the remainder,^' appropriates the sum of $100,000 for the survey iof the lands opened to settlement under said act. This appropriation will not, however, become available until the acceptance and con- sent of the Indians to the provisions of the act shall have been obtained. In the event of acceptance and consent by the Indians, you will be duly instructed in the matter of the survey of the relinquished lands.

No contracts for resurveys will be entered into until express authority Therefor shall have been granted by this office.

The regulations and requirements of the annual instructions bearing date Septem- ber 15, 1885, so far as the same are not in conflict with the foregoing, are hereby con-

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tintied in force, and yoo will be governed accordingly in the matter of sarveying contracts and instrnctions to deputy snrveyors.

In forwarding surveying contracts for the approval of this office, the letters of transmittal shonld contain in full the reasons which induced you to select for survey thejregion covered by the contract. All contracts for snbdivisional surveys must be accompanied by evidences of settlement, in the shape of applications for the survey of the lands from bona fide settlers thereon, who will also be required to submit in- dividual affidavits (so far as practicable) as to the nature, extent, and value of their improvements on the lands ; also satisfactory proof that the lands are adapted to agriculture.

Very respectfully,

W. M. Stone, Acting Commiasioner,

ARIZONA.

Out of the apportionment of $5,000 made to this district for the fiscal year two contracts were awarded, the total liabilities of which aggregated $1,100.

As explanatory of the limited amoant of surveying contracted for during the fiscal year, the United States surveyor-general, in his annual report, states as follows, viz :

This limited amount of surveying arose from the restrictions in the matter of sur- veys. The Land Office instructions of July 26, 1889, advised me that ''By the terms of the appropriation act the surveys must be confined to lands adapted to agriculture and lines of reservations.^'

This clause, as applied to this arid belt, as I understand it, practically limits sur- veys to lands that can be artificially irrigated, or grows some agricultural produce without irrigation ; and lands liere are not usually adapted to agriculture, except where so situated as to be artificially irrigated. The great bulk of the land locations, however, are located where the possibility of irrigation is exceedingly remote, and in many cases only exists in the possibility of artesian water. Still this land serves the purposes of homes, and wherever located ought to entitle the settlers to the same privileges of surveys as is accorded those who have been more fortunate in their se- eotiouH. «

It is a very common thing for homes to be established in Arizona on the plateaus adjacent to moun|;ain ranges, where a spring of water can be obtained for household and other domestic purposes, which location may be convenient Ibo some business in which the occnpant is actively employed, such as mining, etc.

These locations make very suitable Bud convenient homes, though the soil can not be termed as agricultural, inasmuch as in many instances it is not even valuable for grass; still that it is desirable as a home, on account of some property interests of value in its neighborhood which settles it up, ought to entitle occupants of such lands to the benefit of surveys.

The instructions as applied to Arizona ought to be very liberal, and left largely to the discretion of the surveyor-general, whose knowledge of the peculiar character- istics of the country will enable him to place the surveys where the largest number of persons will be benefited. The public interests are not subserved by depriving the surveyor-general of discretion in the placing of these surveys, as of necessity a surveyor- general must be acquainted with the wants of the people.

In addition to the contracts for public-land surveys a contract for the survey of the western boundary of the White Mountain or San Carlos Indian Reservation was awarded May 16, 1890, to John C. Smith, United

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38 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE,

t States depaty surveyor; liability $3,000, payable from the annaal ap- propriation for the fiscal yean Eeferring to said contract, tbe United States surveyor-general in bis annual report states as follows :

The survey of the above line is of vast importance, inasmuch as it will determine the locus of very valuable mines, passing as it does through one of the richest min- eral belt's in the country. ' A direct north and south line would make a more desirable boundary than the present line, and could cutoff valuable mines without doing the slightest injury to the Indians.

In connection with this, I desire to most earnestly renew my recommendation that a straight east and west line be established for the south boundary, by Executive order, so run as to cutoff the coal-fields, which are reported to be from 2 to 6 miles on the reservation.

If upon development these fields were found to be extensive and the coal of good quality, it would be the incentive for developing the resources of this Territory more than anything that could be done. Cheap fuel is what is particularly needed in a mining country, and Colorado owes much of its prosperity to this fact. A straight east and west line, well defined, with stone monuments, would be a more comprehen- sive boundary for the Indians, and the land cut off is valueless to them, except for the collection of mescal, from which they make liquor.

OALIFOBNIA.

The surveyor-general reports that under the apportionment of $10,000 for public-land surveys made to this district for the fiscal year be has let seven contracts, aggregating $2,367, and has issued special instructions for surveys in seven cases, the aggregate estimated liabil- ity of which is $896.45. There were also seven contracts let and one set of special instructions for surveys under the deposit system, aggre- gating $3,555.

The surveyor-general states that

Much trouble regarding the completion of the surveys of the public lands in this State arises from the fact of very large fraudulent surveys in former years, which has caused the suspension of large tracts of Government lands embraced within 163 different townships, and the great number of settlers located thereon anxious to per- fect title to their homes are thereby prevented from so doing. Under the present in- structions from the honorable Commissioner^ no surveys can be made of lands adjoin- ing the suspended townships, and settlers upon those townships are thus placed in the same dilemma as those within the suspended townships. I can but call the at- tention of the Department and the honorable Commissioner to thiscondition of things, and to urgently recommend chat the suits now pending against the parties making the alleged fraudulent surveys be vigorously pressed or otherwise disposed of, in order that the townships suspended may, by resurveys, be restored to the action of the laws governing the disposal of public lands.

Eeferring to the oflBce work performed during the past year, the sur- veyor-general remarks that

The force now employed is none too great for the trantoction of the volume of business passing through the office, and is very satisfactory as regards those performiug the work. It is hoped that it will not be necessary to decrease the number of persons now employed, and that some way may be found by which it can be mainlained, not- withstanding the fact that the appropriatiou is much smaller than was recommended by this office.

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The estimate sabmitted by the Oeueral Land Office for clerk hire in the office of surveyor-general of California daring the fiscal year end- ing Jane 30, 1891, was $20,000, bat the amount appropriated by Con- gress was only $10^000, and the office has been mainly dependent upon the special-deposit fund for the maintenance of a requisite clerical force ; but this fund will be entirely exhausted before the commencement of the fiscal year ending June 30, 1892, hence it is especially necessary that the full amount estimated by this office for clerk hire in California during the next fiscal year be appropriated.

Regarding swamp and overflowed lands, the surveyor-general states that—

There remain forty oases of land claimed by the State of California under the Bwamp-land grant of September 28, 1850, which are pending inyestigation by this office as to the character of the land. There is also a large amount of land held suspended from entry, owing to the fact that the State is not required to give the names of the parties who have filed upon it for the purpose of obtaining it through the State. The State is not careful enough in the designation of its representative, and this office in consequence finds it difficult to reach such representative.

A law might be enacted, or circular instructions issued by the Department, that would enable the more expeditious disposition of these claims, if so framed as to re- quire exact information as to the claimants under the State, and fixing a time within which the investigation should be commenced, and requiring a deposit sufficient to cover the expenses of the same at the time of the application for suspension, to be estimated by the surveyor-general.

There is evidently much land held suspended under the present practice, which is detrimental to the interests of the United States.

OOLOBADO.

The original apportionment of the annual appropriation for the sur- vey of the public lands for the fiscal year ending June 30, 1890, was $15,000, to which was subsequently added as additional apportionments the sum of $2,190 ; making a total of $17,190. Under the several ap- portionments eleven contracts and four sets of special instructions for public surveys were awarded.

DAKOTA.

Of the annual appropriation for the survey of the public lands for the fiscal year the sum of $20,000 was apportioned to this district. Eleven contracts for public-land surveys were awarded, the aggregate liabili- ties of which amounted to $19,815.

CEDED SIOUX LANDS.

Section 25 of "An act to divide a portion of the reservation of the Sioux Beservation of Indians in Dakota into separate reservations and to secure the relinquishment of the Indian title to the remainder, and for other purposes " (approved March 2, 1889), appropriated the sum of $100,000, to be applied and used toward surveying the lands opened to settlement.

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40 REPORT OP COMMISSIONER OF GENERAL LAND OPBICE.

The President, in pnrsaance of section 28 of said act, having in Fe1> rnary last issued his proclamation ratifying the action of the Oommis* sion and the Indians with reference to the ceded lands, the survey thereof was authorized, and the CJnited States surveyor-general noti- fied in March last that $93,000 of the stated appropriation was availa- ble for the purpose. Under said authority twenty contracts for the survey of said lands were awarded, involving liabilities to the amount of $92,7505 which surveys are ijow being prosecuted in the field.

Two contracts (liabilities $6,$00) for the survey of the ceded lands situate in the State of Nebraska, payable from the stated appropriation, were also awarded by this oflBce.

FLOEtBA.

No apportionment of the annual appropriation for publie-land' sur- veys was made to this district. Two sets of special instructions (in lieu of contracts) for the survey of two islands were issued and ap- proved, liabilities of which, $40 and $30 respectively, were charged to the reserve fund of said appropriation.

Referring to the recent discoveries of valuable and extensive deposits of mineral known as " phosphate rock,'' and applications for the ap* pointment of United States deputy surveyors of mineral lands, the United States surveyor-general in his annual report states as follows :

No sarveys have been made by direction of this office under the laws relating to mining claims. I have received several applications for the appointment of United states deputy surveyors of mineral lands ; but as I have received no authority to make such appointments, and no instructions whatever from your Department relat'* ing to these mineral lands, I have simply filed the applications for future action.

Great activity has prevailed for several months past in various connties in Florida in prospecting and staking valuable and extensive deposits of the mineral known as phosphate rock, and at certain places the work of mining and shipping the substance is being conducted on a large scale. It can hardly be doubted that the discovery of these deposits in Florida, exceeding in extent and thickness all such beds previously known in the world, is an event destined to produce great increase of value not only in the mineral lands of the State, but the agricultural also. In the general efifort to find and secure phosphate lands many have decided to proceed in accordance with the law of United States mineral lands, and are awaiting action by your Department in the premises.

This remarkable discovery of unsuspected wealth within a few feet of the surface in scores of t-ownships has caused large numbers of men to explore the country geo- logically with spades and boring apparatus. By such means other useful substances are said to have been found, such as marl, kaolin, fossil guano, slate rock, mica-schist^ mica, zinc ore, and sulphur, and specimens thereof have been submitted to the tests of the State chemist ; showing that Florida ought long ago to have received the bene- fit of a thorough geological survey.

In his annual report for the fiscal year the United States surveyor- general, referring to " swamp lands reclaimable for sugar farming,'' states that the unsurveyed portions of the State of Florida are said to consist of large areas of lauds of said character. The following ex-

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tracts from his report relating to said subject are herein embodied, to wit:

SWAMP LANDS RECLAIMABLE FOR SUGAR FARMING.

A very recent importaDt agrioultaral development in this State is the establish- ment of sugar farms npon lands reclaimed by drainage. These sngar lands pre- viously were vast watery areas of saw-grass growing upon deposits of pure mnok of nnknown depth. Of the quality of this material an eminent official chemist wrote of a sample that '* it seems to equal the best potting mold, and partakes more of the character of a manure than of a soil." When drained and cultivated it producea from 30 to 40 tons of cane-stalks per acre of a quality equal to the best raised in Caba. ,

There are many places in this State where extensive sngar mills like the successful works at St. Cloud may be operated upon reclaimed similar lands. The saw-grass, marshes of South Florida are reported susceptible of drainage and reclamation. As soon as this is well done, they are likely to commsfnd a large price per acre, Judging by past experience in Polk County.

The unsurveyed portions of this State are said to include large areas of such land ;. and as its prospective value, which in past years' was considered nothing, is now shown to be considerable, it is respectfully suggested that this office be authorized to- take advantage of any season of nnusual dryness to extend the lines of survey in that region. Capitalists interested in cane culture are favorably impressed by the suc- cess achieved in Florida, and are said to be considering plans for draining and re- claiming tracts of saw-grass marsh, where canals of no great depth or extent, with ample difference of altitude, may be relied on to carry off the water to the Atlantio or the Golf.

I would respectfully recommend that a portion of the general appropriation for snrveys be set apart for this purpose, to be used under direction of the General Land O^oe in case the recent low stage of water in the regions referred to should again occur,

IDAHO*

The 6ttm of (10,000 out of the appropriation for the survey of the public lauds for the fiscal year was apportioned to this district. Three contracts, the liabilities of which aggregated the apportionment, were awarded by the United States surveyor-general.

In addition to the public-land surveys several sets of special instruc- tions were issued to Edson R. Briggs, United States deputy-surveyor, for surveys for allotments within the Kez Perc6 Indian Reservation, which were executed under the immediate supervision of the special Indian agent, and paid from the Indian appropriations.

With referelice to the great and increasing demand for public sur- veys in Idaho, the United States surveyor-general, in his annual re- port, states as follows :

A great and increasing demand for public surveys exists.

Judging from the petitions and affidavits of residents on the lands this demand usu* aUy comes from bona fide settlers who have actual improvements, many of whom have been on their claims for a number of years and desire to acquire title to their homes. In some instances the survey of heavily timbered lands is sought. As a rule this oiBce can not determine as to the advisability of surveys until the standard and township lines are run. Such exteriors should be surveyed over all portions of thfr State where practicable, in order primarily that the Siirveyor-G«neral may form aa

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42 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

intelligent opinion as to what townships should he sahdivided, and secondarily in order to complete the public land system of suryeys, as nearly as possible, over this entire saryeying district. This would also enable settlers on unsurveyed land to de- note, in their petitions for surveys, the township and range in which their claims are flitnated, an impracticable matter now over a large portion of Idaho, which has not been penetrated by public surveys.

I especially recommend an early extension of surveys in northern Idaho where a large number of people have settled within the last few years, aod where many others desire to make their homes when surveys are assured.

The usual apportionment of the appropriation for such work each fiscal year is totally inadequate to meet the demands, and I suggest that at least the amount of my estimate, per letter of June 25 last, be apportioned to this surveying district from the appropriation for the coming fiscal year.

IRRIGATION AND BBCLAMATION OF ARID LANDS IN IDAHO.

In his annual report for the fiscal year the United States surveyor- general for Idaho refers at some length to the proposed irrigation and reclamation of the arid lands by the Government. In view of the gen- eral interest manifested as to this matter not only in Congress, but in the several States and Territories, within which are situate the arid lands, the following extracts are deemed of Interest as contributing to the present desire for further information regarding these lands :

Referring to my annual report of last 3'ear to your office, I desire to repeat a rec- ommendation therein made : That either the irrigation and reclamation of the arid lands of the West be undertaken by the Government, or the lands be granted to the respective States and Territories upon such terms and conditions as will assure the oonstruotion of necessary canals and reservoirs for reclaiming all of the lands possible.

When thus reclaimed these lands in Idaho will support a dense population, afford homes for thousands of settlers, and be a source of wealth to their possessors and of revenue to the Government, both State and national.

The immediate enhancement in the value of lands now a desert waste would be so great as to far more than refund the cost of irrigation, and the work is of such char- acter as should be undertaken either by the Federal Government or by the Territory or State, in order that the greatest good may result to the greatest number.

The matter of irrigation is of vital importance to Idaho, and is attracting wide, spread attention to this State. The calls upon me are so numerous for information in the premises, and the subject is one of such importance to your office in relation to our irritable arid public lands, that I have deemed it advisable to incorporate as a part of this report the following from that originally submitted by me to Hon. George L. Shoup, governor of Idaho, as hereinbefore stated :

Irrigation in this State, to the extent of the normal flow of streams, has reached its limit in several counties, while in some it has been overdone notwithstanding the fact that we have 8,791,350 acres of good agricultural land capable of reclamation by water, of which only 740,350 acres are now reclaimed and in process of reclamation, being only 8 per cent, of what might be accomplished. This estimate does not include the large areas of agricultural land in Idaho, Kootenai, Latah, Nez Perc6, and Shosh- one counties, which are not arid and do not require artificial irrigation, except to a limited extent ; nor does it include a considerable area in other portions of the State where the elevation is such as to insure a rain-fall sufficient for the growing of crops.

Thus it appears that about 8,051,000 acres of irrigable land now arid— belong to the Government, and ever will belong as a heritage for sage-brush and Jack rabbits until storage reservoirs and main canals are constructed.

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It therefore remains for Congreiw todevise^the plan and formalate the proceedings by which this water, which is in excessive abundance, shall be brought to these lands and maintained and controlled for the greatest good to the greatest number.

Hundreds of iiiiUions of pounds sterling have gone and are still going fiom England to India, where every available site for a canal is being occupied by an English joint stock company. They realize from 8 to 25 per cent, yearly on their stock, and each one improves annually as an investment.

The fever caused by this success in India has extended to the United States, but the methods of Joint stock companies do not harmonize with our republican ideas. Local control in the hands of the land owners concerned might be arranged, It would seem, to suit every irrigation basin, leaving nothing more to be desired.

The plan I have adopted for presenting this subject by counties, rather than irri- gation districts or water-sheds, will present to all inquirers a full conception of the immense possibilities in store for each one of our counties and for Idaho as a whole.

The apnaal report in extenso will be found in its appropriate place.

LOUISIANA,

No formal apportionment of the annual appropriation was made to this district for public surveys, although one contract (liability t7,500) was under departmental directions awarded and charged to the reserved fund, for the survey of several full and fractional townships wi.tbin the limits of the Houma grant and the location of the claims of John McDonogh, jr., and Henry Fontenot in the southeast district, east of the Mississippi River, as required by the decisions of the Secretary of the Interior, dated January 6, 1888, and January 25, 1889.

In his annual report the United States Surveyor-General refers to said contract and surveys as follows :

The contract for surveys and resurveys of all the remaining townships in the ''Houma grant,'' stated in Exhibit D, was the result of the decisiye legislation on the subject of this celebrated grant, contained in the act of Congress approved March 2, 1889, commonly known as the '* Gay bill." These surveys, when completed, as they win be in the coming fall or winter, will be of great importance to the large number of settlers on the lands who are anxiously awaiting their approval in order that they may place their claims of record in the manner pointed out by law. In this connec- tion there is an important subject which I tbin'k should in advance receive the con- sideration of the Department, and be the basis of instructions to this office at an early date. I refer to my duty in the matter of compiling and transmitting, with the re- tains of surveys, lists of selection of swamp lands, under the act of Congress granting such lands to the State of Louisiana, which may by the field-notes of survey be found within any of the townships retmiied and to be returned within the old lines of the claim. As I understand the decision of the Department of April 11, 1888 (15 Copp's L. C, J}2), overruling the former decision of May 3, 1881 (8 Copp's L. O., 21), the posi- tion it now assumes is that no lands were granted to the State under either of the fiwarop-land grants within any one of the three subdivisions of the "grant,'' either that of Donaldson and Scott, or of Daniel Clark, or of William Conway*.

The " Gay bill" seems to proceed upon this construction, and as I interpret it, con- secrates the entire grant to homestead settlements under the laws of the United States reserving to the State any rights she may have to the " surplus " after all actual settlers shall have been satisfied. The question, therefore, of the State's right to such lands as may be returned as swamp under the surveys now under contract not depending upon their physical chanicteriKtics as swamp and overflowed lands, but

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44 BEPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

rather upon the statas of the coDstraction to be placed upon the lands referred to, I snbmit that this conBtruction should at this time be settled by the Department, or at least so far settled as may be necessary to the issue to me of the necessary instruc- tions in the premises.

BEDS OF SHALLOW LAKES, PONDS, FOKMER STREAMS, ETC.

The Surveyor-General refers to the subject of the survey and dis- posal by the Government of the beds of shallow lakes, ponds, former streams, etc., in the following manner, viz :

The subject of the survey and the disposition by the United States of the beds of shallow lakes, ponds, former streams, etc., in this State is one of increasing interest. Every year of increased and better drainage and levee construction increased the number of acres of these valuable lands, while the removal of obstruction rafts in the navigable streams, and where total overflow is not prevented thereby, serves to diiainish the period of overflow, thus increasiug the time within which crops may be raised on such lands. As they are of immense fertility and often bear cities and towns and railroads, which give them additional valtie, they attract the attention of cnltivators and capitalists, who are constantly seeking means through this office of acquiring title to them. But practically the subject is environed with so many legal difficulties that after learning them many applicants, in despair, give up their efforts. I find that in 1877 the Bureau, after a full review of the embarrass meuts surrounding the subject, resolved to refer the whole matter to Congress, and I understand that sQch determination has been considered a bar to any proceeding under then existing circulars and decisions. I refer to pages 11 and 12 of the Land Office Report for 1877.

As Congress has not taken action, and some thirteen years have elapsed since the matter was so referred to that body, my recommendation is that the Land Department should go on and perform its duty under existing laws, and that for this purpose the cir- cular of July 13, 1874 (1 Copp's L. O., 69) should be extended to districts for which there are Surveyors-General, or at least to the district of Louisiana, and that a sufficient sum be annually set apart from the general appropriation for the survey ot the pub- lic lands to pay for such surveys as may be made under such circular. It is rather an anomalous condition of affairs and one not very creditable to our laud system which practically denies many legal steps by which every class of our citizens, settlers, or capitalists seek to honestly acquire title to these lands.

If they apply to the United States Land Office for the proper district, they are there told that the township plats and tract books do not represent the desired tracts as surveyed lauds, but as lakes, streams, ponds, etc., whose areas are unknown, and that until they are surveyed and the survey returned to the proper land office they are without authority to take any action at all looking to the acquisition of title. In brief, they are referred to the Surveyor-General in order to have the necessary survey made. When .they come here, they are told, first, that under the existing instructions and decisions the whole matter is in suspense, that it was referred to Congress in 1877, and that as that body has taken no action, the surveying department will take none ; moreover, they are further told that if this office could lawfully survey these lands, no funds are allotted to pay for such matter, and if they reply that they are williug under the '* deposit system -' to pay for it themseUres, they are thou told that under the construction placed on the laws founding that system it does not apply to lands of that status. They then go to the State land office, hoping to find in the State leg- islation some law or system arising under the supposed grant of such lands to the State under the Federal swamp-land grant, but are there met with the information that in the absence of Federal survey and selections and approval of these lands as inuring to the State under these laws, its officers are powerless to allow sales or any other kind of disposition known to the land laws of the State applicable to other lands. Thus, practically every avenue of acquisition is found closed or so sur-

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REPORT OF COMMISSIONER OF GENERAL LAND OFFICE 46

rounded with expense and difficulty tbat the attempt is abatidoned. And thus the richest lands in the State, probably amounting to half a million acres and of untold fertility, are placed beyond the reach of the citizens, and must remain the breeding places of the alligators and snakes, infecting the surrounding air in hot weather with miasmatic poisons, instead of being drained and put in cultivation by the poor home- seekers, or the more powerful capitalist, or land improyement company. Some of these lakes contain from 10,000 to 25,000 acres, while those that contain from 500 to 5,000 acres are numerous.

I strongly recommend that the " Bureau " should take the subject in hand and sup- ply instructions and money with which this office may take action in particular cases, when proper application is made for that purpose.

SURVEY OP MILITARY RESERVATIONS OX THE GULF COAST, WEST OP THE MISSIS- SIPPI RIVER.

The expediency of apportioDing funds to the District of Louisiana

or the survey of the ten military reservations on the Gulf coast, west of

the Mississippi Eiver, is referred to by the surveyor-general, as follows :

It may not be inappropriate for me to state, though the subject has not been sub- mitted to this office officially, tbat funds have to be apportioned to the District for the survey of the ten military reservations on the "Gulf coast" west of the Missis- sippi River, which it is contemplated to offer at sale under the act of July 5, 1884. The old surveys were made about 1830, and an examination of the field-notes shows the most crude and imperfect methods of marking the lines and corners were prac- ticed. Most of the lands were then and are yet prairie or sea-marsh, or upon sea- shore, and otherwise unfitted for perpetuating lines and corners of the '^public sur- vey b." It is too plain that any tract to be disposed of under this law will have to be resurveyed, and this can be done better in the dry months of the tall and early winter than at any other season. Hence, if this matter is contemplated at all, it is now time to enter upon the preliminary steps.

MINNESOTA.

Six contracts for public land surveys and four sets of special instruc- tions, the latter for the survey of islands (aggregate liabilities $5,152), were awarded in this district. To the original apportionment of $5,000 of the annual appropriation an additional amount was added to cover the excess as contract<ed for.

In his annual report the United States surveyor-general states that the number of acres surveyed during the fiscal year is 143,390.49 ; which, added to the amount previously surveyed (42,848,625.49), gives the total number of acres surveyed in the State to date, namely, 42,992,015.78.

He further states that applications which are being received at his office from settlers on unsurveyed lands, asking for the survey of the townships in which they are located, indicate an increased demand for surveys during the fiscal year ending June 30, 1891.

MONTANA.

Under the apportionment of $15,000 nine contracts and two sets of si)ecial instructions for public land surveys were awarded to the full amount apportioned.

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46 BEPORT OF COMMISSIONER OF Gl&NERAL LAND OFFICE.

XJDder the special apportionment of $10,000, made by the act of March 2, 1889, for the survey of the relinquished lands within the Blackfeet Indian reservation, one contract was awarded to the full amount of the apportionment.

One contract for the survey of lands for allotments within the Crow Indian reservation was awarded; liability $9,000, payable from the Indian appropriation approved February 8, 1887. This survey was ordered by the Department on the recommendation of the Commis- sioner of Indian Affairs.

One contract, liability $110, payable from special deposits, was also awarded for public land surveys.

In his annual report the United States surveyor-general, referring to the apportionment for public surveys for the fiscal year, states as follows :

All of the saiii apportioned to this district by the Commissioner for surveys dar- ing the fidcal year ending Jnne 30, 1890, has been contracted for. This result has been in great measure owing to the surveys being confined to agricnltnral and settled lands, and also to augmented rates being allowed by the terms of the last appropria- tion. I would also state that the recent practice of allowing surveyors-general to appoint local examiners to inspect and report on the work as soon as completed has, at least in this district, worked very well, and has enabled the examinations to be conducted with great promptness, efficiency, and economy, and has obviated in a great measure the delays whieh formerly occurred in approving the returns of con- tracts.

Begarding the compensation allowed by law for public land surveys, and the character of the remaining unsurveyed lands in Montana, the United States surveyor-general further reports as follows :

The compensation per mile allowed for public land surveys, is, in most cases, insuf- ficient. VThilst there still remains some comparatively level land to be surveyed in Montana north of the Missonri River and along Milk River, the greater part of the State consists of narrow valleys along the principal streams and their branches, sep- arated from each other by hills, mountains, or arid table-lands. In the west, particu- larly on the Clark's Fork of the Columbia River, and the Flathead Lake region, there is a great deal of good agricultural land, but heavily timbered, which, in the interest of the Government, as well as of settlers, should be surveyed. It is found by experience that it is impossible to survey this country (with any profit to the sur- veyor) even at the highest augmented rates allowed.

Under the most favorable circumstances, the ground in any specified section of the country is generally so broken, and the quantity which can be surveyed so difficult to estimate, that even in large contracts it falls 8hor^, and the surveyor finds that he has made a large outlay for a comparatively small compensation. Hence, it is noto- rious that it is almost impossible to have surveys made, in distant and rough sections of the State, unless the settlers assist the surveyor with their own labor, or that of their teams, free of charge. They should not be put to this expense ; the compensa- tion should be such as to justify the surveyor in undertaking the work, without call- ing on the settlers for aid.

In addition to the foregoing surveys, and in compliance with the direction of the Department on the recommendation of the Commis- sioner of Indian Affairs, a contract was awarded by this office to John P. Brown for the survey of portions of the south and west boundaries of

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BEPORT OF C0MMI8RI0NER OF GENERAL LAND OFFICE. 47

the Crow Indian reservation ; liability $3,200, payable from the appro- priation of $10,000, per act approved March 2, 1889, for the snrvey and subdivision of Indian reservations.

NEVADA.

One contract for resurveys in townships 5 and 6 south, range 35 east (liability, $1,615), together with special instructions for fragmentary surveys in township 9 north, range 27 east (liability $15), were author- ized and approved. Said liabilities were charged to the reserved fund of the appropriation. .

In his annual rei)ort, the United States surveyor-general, referring to settlers in various parts of Nevada, states as follows :

There is qaite a number of settlers in varioas parts of the State who have asked that the pablio snrveys be extended to enable them to obtain title to their lands. And as no surveys have been made in this State outside of the limits of the Central Pacific Railroad grant for a number of years, I would recommend that, in addition to the amount appropriated for surveys within those limits, a sufficient sum be appro* priated to extend the surveys in other parts of the State to accommodate them.

In view of the improved condition of affairs in the State, as set forth in his annual report, the surveyor-general feels justified in asking much more liberal appropriations for surveys than have been made for several years past.

Referring to the several contracts for public surveys in this district which were awarded in May and June, 1887, chargeable to the special appropriation of $30,000, made to Nevada by act approved August 4, 1886, the United States surveyor-general defines their present status as follows :

There are four contracts under the appropriation of Angnst 4, 1886, which have not been acted upon. Of these the iiold-notes of contracts 187, ld8, and 189, comprising fifty-two townships and fractional townships, have been in this office for more than a year, and the field-work of contra^st 186, comprising twenty-one townships, I under- stand is about completed, but the field-notes have not yet been returned to this office.

IRRIGATION.

The surveyor-general also refers to the great interest manifested by the people of that State in the problem of water storage and irrigation. Extracts from said report are herewith appended :

The lands of this StafiC, even those designated as second and third rate in the field- notes and plats of the public surveys, need only irrigation to make them produce as abundant crops as regions favored by a more generous rain-fall. And for much of this land irrigation is CDttrely practicable, needing only capital and the co-operation of the settlers to store the water in the mountains in the season of rain-fall and bring it upon the lands as it is needed.

During the past year great interest has been manifested by the people of the State in the problem of water storage and irrigation. A State board of trade has been organized, and plans are being matured for building storage reservoirs and construct- ing extensive canals, which will bring under irrigation many times the area now cultivated.

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48 REPORT OP COMMISSIONER OF GENERAL LAND OFFICE.

For the last three years the rain-fall has been exeeptioaally light, and last snmmer nearly all the streams of the State, including the Hamboldt, Traokee, Carson, and Walker Rivers, went entirely dry. The heavy snow-fall of last winter, coming after a series of dry years with short feed, caos^ a heavy loss of live-stock throughout the State; hat the melting of the snow has filled the ground with water, restored the springs and streams, insuring good crops and abundant feed for stock, and enabling the qnartz mills, which have been stopped from lack of water, to resume operations. This puts life into the languishing industries of the State, and gives reasonable assur- ance of a prosperous season both In agriculture and mining.

NEW MEXICO.

UDder the apportionment of $8,000 made to this district ten contracts for public surveys were awarded ; total liabilities, $7,825.

In his annual report, referring to the demand for public surveys, the United States surveyor general states as follows :

The demand for public surveys seems to be increasing. I am constantly in receipt of letters from settlers in all parts of the Territory inquiring as to the manner of pre- paring applications for survey of public land.

In reply to all these letters I have given instructions, which are in all cases full and complete, and which direct in the minutest particulars as to the form and sub- stance of the application. Notwithstanding this, applications for public surveys are in many cases not only defective in form, but they do not contain the information which is necessary to form an intelligent opinion as to whether or not the township is of the character which the public interest requires to be surveyed.

In view of the fact that settlers on public lauds are not accustomed to prepare doc- uments of this character, to hold them to technical accuracy would, under existing regulations, be an effectual bar to the survey of jGoverument lands. This difficulty might be obviated by furnishing a blank form, to be prepared under the direction of the Commissioner of the General Land Office, which might easily be comprehended, and when properly filled out to contain all the information required.

In the matter of applications for surveys* of public lands in townships made fractional by preliminary surveys of private land claims, the United States surveyor-general reports as follows :

I have had many a]>plications and letters of inquiry relating to the survey of town- ships made fractional by preliminary surveys of unconfirmed grants. In these cases, settlers have been promptly advised that under the rulings of the Department such ownships are not surveyable.

The only possible objection to surveying the townships which are made fractional by these preliminary surveys, is that the lines upon which the township lines would close may not be adopted when final action is taken on the grant. On the other hand, a reference to the map of this Territory will show that surrounding many of these preliminary surveys the Government land is unsurveyed. Some of this land may be classed as the richest in New Mexico, and upon which settlers have lived for years, making improvements and cultivating the same, without being able to obtain title to their homes. If these lands were surveyed they might be disposed of to the mutual advantage of the Government and the settlers.

That the present state of affairs is a hardship on the settlers needs no further dem- onstration. Unless final action is to be taken in regard to these unconfirmed grants in the very near future, I am of the opinion that this rule should be abrogated. If it is thought to be advisable to close on these grant lines which may not be perma- nent, and to complete the survey of the fractional township, in case the grant is

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REPORT OF COMMISSIONER OF GENERAL LAND OFFICE. 49

finally deolared to be invalid or the boandariee changed, the township lines might be extended within the boundaries of the preliminary sarvey, and that portion of the township which is in conflict with the grant might be withheld from sale and entry. This is especially so when only a small portion of the township would be out by the line of the grant.

That the title to the land included within the boundaries of these grants has been so hopelessly imperfect for so many years, is enough in itself to seriously impair the prosperity of New Mexico. It is an additional hardship that lands not included therein fihonld be tied up also.

OKLAHOMA,— PUBLIC LAND STRIP.

UDcler the provisions of ^<An act to provide a temporary government for the Territory of Oklahoma, to enlargethe jurisdiction of the United States court in the Indian Territory, and for other purposes," approved May 2, 1890, the public land strip, which is bounded east by the one hundredth meridian, south by Texas, west by New Mexico, and north by Colorado and Kansas, was included in the limits of the Territory of Oklahoma.

Section 19 of said act, in addition to creating a land district in the public land strip, provides that

The Commissioner of the General Land Office shall, when directed by the Presi- dent, cause the lauds withiu the Territory to be properly surveyed and subdiyided where the same has not already been doue.

The only unsurveyed lands in the Territory of Oklahoma are em- braced in the public land strip, the area of Oklahoma proper having been surveyed and subdivided some years prior to opening the lands to settlement.

In compliance with the directions of the Secretary of the Interior measures were taken to secure a partial survey at least of the public land strip. In the absence of a special appropriation by Congress for the purpose of surveying the strip, the balance of the reserved fund of the annual appropriation for the survey of the public lands for the As* cal year ending Juuie 30, 1890, with unexpended balances of apportion- ments made to several districts, was utilized, and the sum of $21,000 made available for partial surveys.

Under said amount three contracts for subdivisional surveys were awarded by this office to two well-known and reliable deputy survey- ors, who are now in the field prosecuting the work. The surveys con- tracted tor extend westward from the eastern boundary of the strip (the one hundredth meridian and the west boundary of the Indian Ter- ritory), and embrace ranges 28 to 15 east, inclusive. It was ascertained that the majority of the towns and settlements are located in the east- ern half of the strip ; hence the desire to comply with existing law in the matter of the authorized surveys and to give preference to town- ships occupied in whole or in part by actual settlers.

The surveys contracted for embrace sixty full and fractional town- ships of the one hundred and thirty-five full, and thirty-three fractional townships which comprise the total area of the strip.

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60 EEPOBT OF COMMISSIONER OF GENERAL LAND OFFICE.

ORE(K>N.

Under an apportionment of $10,000 for public sarveys made to this district tor the fiscal year, eleven contracts and one set of special instruc- tions were awarded ; liabilities aggregating $5,405.

Under directions from the Department, on the recommendation of the Commissioner of Indian Affairs, two contracts for the survey of . Indian boundaries and for allotments were also awarded by the United States surveyor-general, viz : Contract No. 647, dated August 2+, 1889, for surveying the west boundary of the Warm Springs Indian reserva- tion ; liability $1,000. Contract No. 549, dated August 30, 1889, for surveys of several townships for allotments within the Siletz Indian reservation ; liability $700.

A detailed statement as to the status of contracts awarded prior to July 1, 1889, is given in the report of the United States surveyor-gen- eral for the fiscal year. The report will be found in its appropriate place.

The following extracts from the annual report of the United States surveyor- general relative to public surveys in Oregon, applications there- for, particularly of forests or heavily timbered lands, as also of agri- cultural lands and other matters connected therewith, are deemed of interest and appended hereto :

Daring the past year nuineroas petitions have been received in this office asking for snrveye in different parts of the State.

The balk of the petitions are for snrveys in townships along the coast, where the lands are for the greater part broken and monntainons, covered with timber often qnite heavily, and almost invaribly covered with a very dense nndergrowth, which make the work of surveying it difficult and expensive.

These lands when once cleared are generally well adapted for agricnltural and grazing purposes, and are fast filling up with settlers, who to all appearances have located thereon in good faith, and with the intention of making permanent homes for themselves and families.

For several years past it had been the policy of your office .to prohibit the survey of forests or heavily timbered lands, and former regulations provided that the sur- vey of a township must be completed in its entirety unless natural obstacles rendered its completion absolutely impossible, but owing to the restriction in the appropria- tion act confining the surveys to agricultnral land, provision was made for the sur- vey of timbered lands where they were adapted to agriculture and occupied by actual bona fide settlers, who at great labor and expense had made for themselves per- manent homes.

The surveying instructions were modified so as to provide that a deputy surveyor should survey all the cultivable land and omit the uncuUivable, bat that in survey- ing a township the subdi visional lines must be extended over all the land that can be properly classed as agricultural.

This restriction made the ^ork of surveying a township more tedious and expensive than if a deputy was allowed to complete it in its entirety, as he was compelled to stop the survey of a line when it reached itiarable land, unless lands of proper char- acter lay beyond.

It also placed upon him the responsibility of determining what lands were agri- cultural and consequently surveyable under existing restrictions.

Owing to this and the further fact that nearly all the surveys desired in the mount-

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REPOBT OF COMMISSIONER OF GENERAL LAND OFFICE. 51

unous regions along the coast where the undergrowth is very 'dense, competent snr^ ▼eyors were deterred from entering into contracts even at the highest rates of |18, $15, and $12 per mile for standard, town'ship, and section lines, respectively, allowed in oases of exceptional difficulty in the execution of the surveys.

Eleven contracts have been entered into and one survey provided for under special instructions, the estimated liability aggregating |5,405, payable from the appropria- tion for the fiscal year ending June 30,1890.

I expected to award contracts for other additional surveys, the estimated liability aggregating more than $3,000, but was disappointed.

Offers had been made by competent surveyors to execute surveys in four townships at certain stipulated rates per mile.

The consent of your office to awarding the contracts and allowing the rates asked had been granted.

In the meantime this office had been furnished with copies of the Manual of Sur- veying Instructions of December 2, 1889, and with the contracts prepared for the execution of surveys in these four townships a copy of the manual was forwarded to- the coDtractiDg deputies.

The contracts were returned without being executed, the surveyors claiming that under this manual considerable more work was required of the deputy, and in a rough mountainous country like that in which the proposed surveys were to be made, it would be very difficult making their work close within the limits prescribed.

I endeavored to find other surveyors to undertake the work, but did not succeed.

I regret this, as L was very desirous of executing contracts covering as much ae possible of the amount allotted to this district.

I believe, however, that contracts can be awarded for the survey of these town- ships as soon as the appropriation becomes available.

Your office has placed a liberal construction on the restriction confining surveys to agricnltural lands, and I am of the opinion that much less difficulty will be expe- rienced in securing the services of competent surveyors, providing fair rates are allowed for executing the work.

At the present time there are quite a number of petitions on file in this office ask- ing for the survey of lands that are occupied and improved by actual settlers, but the localities and character of the land in the townships sought to be surveyed are such as will require the benefit of the special augmented rates in order to secure con- tracts.

I would therefore respectfully recommend that a liberal amount be apportioned to this district from fiie appropriation for the present fiscal year for the survey of the public lands, as the demands for such as are actually needed is now very urgent and constantly increasing.

UTAH.

There was apportioned to this district out of the appropriation of $200,000 for surveys and resurveys of public lands, the sum of t5,000, and contracts were entered into to the full extent of the apportionment. There was also one contract involving a surveying liability of $762.05, payable from repayments by the Central Pacific Railroad Company.

The surveyor-general calls attention to the urgent need in his office of a system of connected mineral plats, and to the estimates of appro- priations for this purpose, submitted by him in 1889 and again in 1890,

In the estimates submitted by this office for the surveying service for the fiscal year ending June 30, 1892, there is embraced an item of $9,000 for clerk hire in the office of the surveyor-general of Ftah, of which amount the sum of $5,000 is intended to be applied to the preparation

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52 BEPOBT OF COMMISSIONER OF OENERAL LAND OFFICE.

of connected map8.of the several mining districts in Utah, as explained in the note accompanying the estimate.

The necessity for complete and accurate maps of the mining districts is recognized by this office, and it is earnestly hoped that the amoant asked for may be appropriated,

WASHINGTON.

Of the appropriation' for the survey of the pablic lands for the fiscal year the snm of $20,000 was apportioned to this district. Under said apportionment seven contracts for pablic surveys were awarded; total liabilities aggregating (11,794.

One contract was also awarded for the survey and resurvey of the south and west boundaries of the Yakima Indian reservation) liability (2,163, payable from the appropriation (approved March 2, 1889) for the survey and subdivison of Indian reservations. This contract was authorized by the Department on the recommendation of the Commis- sioner of Indian ^ifairs.

WYOMING.

Under the apportionment of (10,000 made to this district, two con- tracts of (5,000 each for public land surveys were awarded during the fiscal year.

One contract (liability (90) was also awarded to John E. Shannon for the survey of the strip of land adjoining the eastern boundary of the Fort McKinney military reservation, which was relinquished by the military authorities and promulgated in executive order dated January 10, 1889.

On the recommendation of the Commissioner of Indian Affairs the Department directed the award of a contract for the survey of lands for allotments within the Shoshone Indian reservation. Jn compliance with said authorization a contract was awarded to Howard B. Carpen- ter ; liability (12,000, chargeable to the appropriation of February 8, 1887, for the allotment of lands in severalty to Indians.

EXAMINATION OF SURVEYS IN THE FIELD.

By the act of Congress making appropriations for sundry civil ex- penses of the Government for the fiscal year ending June 30, 1890, ap- proved March 2, 18«9, there was appropriated for surveys and resurveys of public lands the sum of (200,000.

Of this amount a sum not exceeding (20,000 was authorized to be ex- pended in the examination of surveys iu the field to test the accuracy of the work executed by the United States deputy surveyors, and for the examination of surveys heretofore made and reported to be defective.

Under this appropriation four special agents for the examination of surveys were appointed. One of these agents was discharged after a

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REPORT OF COMMISSIONER OF GENERAL £AND OFFICE. 53

few months' servioe, bat the remainder have been copstantly employed ihroagh the year.

In addition to the field examinations made by the special agents under the immediate direction of this office, the sarveyors-general in several districts have from time to time been aathorized to employ special examiners to inspect certain snrveys the cost of snch inspec- tion to be defrayed from assignments of moneys oat of the general fand above mentioned.

Daring the past year snrveys have been accepted apon reports of examination in the field, either by special agents of this office or by special examiners appointed by the snrveyors-general under the anthor- ity of this office, as follows :

Contracts.

Arizona 7

California 5

Colorado 19

Dakota 5

Idaho 1

Lonisiana 1

Minnesota 9

Montana 7

Nevada 9

New Mexico ^ 12

Oregon 5

Utah 11

Washington 4

Wyoming : 1

Total 75

Snrveys executed nnder contracts and special instrnctions were ac- cepted withont field examination as follows :

States and Territories.

Califoroia . Colorado .

Dakota

Florida.... Idaho .... Louisiana.

Cont«oU. I ^'.^

States and Territories. Contracts.

14 6 Minnesota. 2 2 , Hontana . . . 8 ' New Mexico .

1 2 2

1 I 2 ' Oregon ' 3

ashini

1 I Washington i 2

M

Instrnc- tions.

The cases in which surveys were accepted withont field examinations were either those where the liabilities were so small that it was not deemed advisable to incur the expense, or where the depnty surveyors were well known as competent and trustworthy persons whose work the snrveyors-general recommended for acceptance without inspection.

Inclnded in the surveys accepted during the year were those nnder certain contracts referred to in the last annual report as suspended, as follows: In Anzona contrficts Nos. 3 and 41 ; Idaho, contract No. 102; Loaisiana, contract No. 24 ; Minnesota, contract No. 2 ; Montana, con- tracts Nos. 196 and 203 ; Utah, contracts Nob. 139, 140, 141, 142, 143, 144,

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54 REPORT OP COMMISSIONER OF GENERAL LAND OFFICE.

145, 156, and 157. These surveys were saspended awaiting examina- tion, or, having been saspended for reported imperfections, were held for corrections in the field and farther examination.

Among the accepted surveys were those of abandoned military reser- vations as follows : In Arizona, Fort Verde Garden Reserve, Camp Goodwin, Old Gamp Grant, and Gamp Grittenden ; in Dakota, Fort ' Bice reservation ; in New Mexico that portion of the military reserva- tion of Fort Butler lying outside the Pablo Montoya grant; in Wyom- ing the Fort Fetterman reservation, together with the old and new Fort Fetterman wood reservations.

The following surveys of Indian reservations were also included in the a6cepted surveys, viz : The north and west boundaries of the Hoopa Yalley Indian reservation in Galifornia; tlie survey of a part, of the north boundary of the Southern Ute Indian reservation in Golorado ; the north boundary of the Warm Springs Indian reservation, and the survey of the boundaries and subdivision of the Umatilla Indian reser- vation in Oregon.

SURVEYS UNDER INSTRUCTIONS ISSUED BY OR CONTRACTS ENTERED INTO BY THE COMMISSIONER OP THE GENERAL LAND OFFICE.

During the past year this office issued special instructions for sur- veys of several islands omitted in the previous township surveys, which, on accoant of the small liability involved in each case, were accepted without examination in the field.

These islands are situated in States where the office of surveyor- gen- eral has been discontinued, and under the law the Gommissioner is ex officio surveyor-general. In each case the applications for these frag- mentary surveys were, under the rule, submitted to the Department, and the requisite instructions were issued when the surveys had been sanctioned by the Department.

SURVEY of: the east boundary of the SEMINOLE LANDS IN THE

INDIAN TERRITORY.

The survey made in 1884-'85 of the east boundary of the tract in the Indian Territory purchased from the Greek l^ation for the Seminole Indians having been found defective, this office rejected the same and entered into a new contract for the survey of said boundary. The new survey having been critically examined in the field, was found to have been executed in the best manner and in strict accordance with the contract and instructions, and was duly accepted by this office. The fact was developed by this survey that the 175,000 acres purchased from the Greeks did not include all the lands actually occupied by the BeminoleSy a number of them being located east of the boundary line- The surveyor stated that to include all the lands occupied by the Sem- inoles would require the running of a new boundary east of the one

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REPORT OF COMMISSIONER OF GENERAL LAND OFFICE. 55

established by him so as to embrace an estimated area of abont 25^000 9cres iu addition to the 175,000 acres previously purchased from the Greek Nation.

REJECTED SURVEYS. 8URVBT OF THE IOWA INDIAN RESERVATION IN KANSAS AND NEBRASKA.

In April, 1888, under the direction of the Department, a contract was made by this office for the survey of that reservation, and the sur- vey was returned to this office, but the field-notes were so defective that proper plats could not be constructed, and after repeated trials on the part of the surveyor he failed to make his returns acceptable and the survey was rejected. A new contract was entered into for this work. .

SURVEYING CONTRACT NUMBER 169, NEVADA

The surveys under this contract were inspected in the field by a special agent of this office, and in view of a number of corners missing, the discrepancies in the descriptions of corners, and in the measure- ments and alignments, and after making due allowance for deteriora- tion between the dates of survey and examination in the field, the sur- veys were rejected. From the decision of this office the deputy survey ors took an appeal to the Department, which, by decision bearing date July 25, 1890, affirmed the action of this office.

SURVEY OF THE FORT HALLECK MILITARY RESERVATION AND THE CAMP MCDBR- MITT HAY RESERVATION IN NEVADA.

These reservations having been transferred to the Interior Depart- ment under the provisions of the act of July 5, 1884, the surveyor- general of Nevada was authorized to contract for the survey thereof. The surveyor made returns of his work, but the surveyor- general, who made a field inspection of the same in person, reported that it was very evident that the deputy had not attempted in his surveys of those reser- vations to correctly run and sufficiently mark the lines and corners thereof, nor to iu any sufficient manner fulfill the terms and require- ' ments of his contract and instructions, and the surveys were accord- ingly rejected by this office. A new contract for the survey of said reservations has been awarded.

RESURVEY OF RANCHO BUENA VISTA.

The surveyor-general of California was instructed to make a resurvey of the boundaries of this rancho in conformity to the decisions of the Department of April 6 and July 19, 1887 (5 L. D., 659 ; 6 L. D., 41). The resurvey being found not in conformity with said Departmental decis- ions, was rejected.

SURVEY OF THE SIOUX CEDED LANDS IN NEBRASKA,

During the year contracts have been made for the survey of all that portion of the Sioux ceded lands in Nebraska except the tier of frac-

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56 REPORT OP COMMISSIONER OP GENERAL LAND OFPICE.

tional townships adjoiniog the north boundary of the State between the Missouri and Keya Paha Bivers, which were necessarily omitted ow- ing to the fact that this portion of said north boundary had not yet been surveyed and marked in the field. These surveys include that portion of the old Ponca Indian reservation situated in townships 32 ^and 33 north, ranges 9 and 10 west.

Instructions were also issued for the survey of Ifl'iobrara Island, in Niobrara River, which, by the terms of section 21 of the act of March 2, 1889 (25 n. S. Stat., 888), was donated to the city of Niobrara, and accepted by said city by an ordinance bearing date January 28, 1890.

NORTH BOUNDARY OF NEBRASKA.

The act of March 28, 1882, entitled "An act to extend the northern boundary of the State of Nebraska'^ (22 U. 8. Stat., 35), provides tor the extension of said boundary, so as to include all that portion of the Territory of Dakota lying south of the forty-third parallel of north lati- tude and east of the Keya Paha Eiver and west of the Missouri River*

That portion of the northern boundary of Nebraska extending firom the northwest corner of the StMe to the Keya Paha River, was surveyed in 1874, but from the Keya Paha to the Missouri Eiver the line has not been marked. In February last a special estimate of $2,052 was sub- mitted for this survey. Until this boundary shall have been surveyed and marked it will not be practicable to complete the survey of that portion of the Sioux ceded lands in Nebraska, nor to properly close the surveys of the ceded lands in South Dakota adjoining the boundary.

THE TEXAS BOUNDARY.

The act of Congress approved June 5, 1858, authorized the President of the United States in conjunction with the State of Texas to run and mark the boundary lines between the Territories of tb'e United States and the State of Texas.

Commissioners on the part of the United States and Texas were duly appointed and the survey was proceeded with. The present status of the survey is fully set forth in the report of the Commissioner made to the Department under date of January 11, 1882, in response to a reso- lution of the United States Senate of January 6, 1882, requiring the Sec- retary of the Interior to furnish the Senate with the report, if any, of the survey of the United States and Texas Boundary Commission, made under the provisions of the act of June 5, 1858. The following is a copy of said report :

Department of the Iihvrior, General Land Office,

Washington, D. C, January 11, 1882. Sir : I have the honor to acknowledge the receipt, by reference from the Depart- ment for report, of a resolution of the United States Senate, dated January t>, 1882, calling on the Secretary of the Interior to *' famish the Senate with the report, if any, of the survey of the United States and Texas Bonudary Commission, made nnder the

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proyisions of the act of Congreas, approyed Jane 5, 1858 " ; and if do final report of said commissioD waa made, that fact is reqaired to be reported, together with the taiaps, saryeys, and report of the work so far as it was prosecuted.

In reply, I haye the honor to state that no report of said survey on the part of the commissioner for the State of Texas was eyer made.

Seyeral partial reports were made by John H. Clark, United States commissioner, and his report of September 30, 1861, covers briefly the whole field of operations by both commissioners in establishing said boundary.

I transmit herewith, in separate packages, the maps and notes of field-work of the survey returned by the United States commissioner; also the correspondence in the case, including copy of the instructions by the Department to said commissioner for said survey and letters to the governor of Texas.

Of the sixteen maps returned by the commissioner, Nos. 3 and 16 are missini;, the latter being a general map of the whole suryey, noted on the records as ''missing" as early as May 7, 1662 ; the former, No. 3, being a map of that part of the thirty-second parallel from Crow Spring to the Pecos River.

All the maps are in more or less of an unfinished condition as to topography, letter- ing, etc., some of them being nearly completed. The bound volume. No. 9, contains manuscript notes of all the field work of triangulation and topography. None of the maps or records are authenticated or approved.

From an examination of the papers and reports, which will be found in the bundle marked ''Correspondence," the following is prepared as showing, in brief, what was accomplished under said act of Congress approyed June 5, 1858. (Stat, at Large, Vol. II, p. 310.)

The joint commission on the part of the United States and the State of Texas com- menced work together on the Rio Grande, but the Texas commissioner did not re- main long in the field on account of personal differences between himself and the United States commissioner. A new Texas commissioner came and assisted in the survey of a part of the west boundary, or one hundred and third meridian, west lon- gitude.

In the next year, viz, 1860, when the United States commissioner surveyed the north and east boundaries, it does not appear from the records and papers that the Texas commissioner took any part in the work, and the language used by the United States commissioner indicates that he did the work without' any co-operation.

The east boundary, being that part of the line between Texas and Indian Territory along the one hundredth meridian, west longitwle, had been in part previously estab- lished by Messrs. Jon 08 & Brown, Surveyors, in 1859, under a contract for marking the boundary line of certain Indiau lands, which boundary, by treaty of January 22, 1855, was the one hundredth meridian, or the line between the State of Texas and the Indian country.

Said surveyors had marked the one hundredth meridian from the ncftih bank of Red River, or what is designated on the United States maps as Red River, north to the Canadian River, and about 19 miles farther north, and under the instructions issued to the United States commissioner by the Secretary of the Interior, for the survey of the United States and Texas boundary, he was only required to retrace so much of said* meridian as had been thus previously established by said surveyors, Jones and Brown.

The copy of letter from the Department to the Ooyemor of Texas, dated August 17, 1858, with the correspondence in the package accompanying this letter, sets forth the reasons why the Qovemment proposed to adopt the survey made by said sur- yeyors as a part of the line between the United States and State of Texas.

As stated in my letter dated January 5, 1882, to Hon. S. B. Maxey, the work of Commissioner Clark was terminated in January, 1862, by the direction of the De- partment in letter dated the 16th of that month, and the office work was therefore neyer completed, the field-work haying been executed, as required by the Secretary

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of the Interior, except a part of the west boundary, which was not run, viz, from 33^ north latitude to 33^,45' north latitude.

No part of said boundary survey has ever been officially agreed upon or accepted by the two governments as contemplated in the act of Congress authorizing the survey.

In explanation of the condition of some of the maps, I have the honor to state that they were damaged by water at the time of the Patent Office fire in 1877. The Senate resolution is herewith returned.

I am, very respectfully, your obedient servant,

N. C. McFarlakd,

Commissioner, Hon. S. J. Kirk WOOD,

Secretary of the Interior,

The commissioner's sarvey and the accompaoying papers and maps, were printed (by order of the Senate), under the title of" Report of the Commissioner of the General Land Office upon the survey of the United States and Texas Boundary Commission," Senate Executive Document, Fo. 70, Forty-seventh Congress, first session.

In view of the fact that the survey has never been officially agreed upon or accepted by the IJnited States or Texas, as contemplated by the act of Congress authorizing the same and of the long time (thirty years) which has elapsed since the survey was made, rendering it very probable that the major portion of the monuments marking the line have been obliterated ; and further, as the position of the one hundred and third meridian west from Greenwich, as determined and established in said survey, is believed to be between 2 and 3 miles west of the true position of said meridian, which forms a portion of the boundary between New Mexico and Texas, it is earnestly recommended that provision be made for a new survey under a joint commission, and that the posi- tions of the meridians of longitude, and parallels of latitude which under the law, form the State and Territorial boundaries, be determined by approved modern methods, and marked upon the face of the earth by durable and conspicuous monuments, in order that all questions as to the limits of the several jurisdictions may be set at rest.

SURVEY^^OP HEAVILY TIMBERED AND MOUNTAINOUS LANDS IN THE STATE OF WASHINaTON.

In the estimates submitted by this office for public land surveys dur- ing the fiscal year ending June 30, 1892, special rates are asked for the survey of lands in the State of Washington, heavily timbered, mount- ainous, or covered with dense undergrowth. The rates named in the estimate are those submitted by the United States surveyor-general of Washington as necessary in order to enable him to let contracts for the survey of such lands, which he is unable to do at the augmented rates now allowed by law. The rates submitted are $25 per linear mile for standard and meander lines, $23 for township, and $20 for section lines. These special rates are asked for the State of Washington be-

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cause of the great difficnlties encountered in surveying the exceptionally heavily timbered lands in the western portion of the State. These lands are not only heavily timbered, but are covered* with an undergrowth so dense as to greatly impede the work of the surveyor, rendering his progress tedious and expensive. So great indeed is the cost of running the lines in this densely wooded region that competent and trustworthy deputies can not be induced to enter into contract for surveys even at the highest rates now allowed by law, realizing, as they do from actual experience, that if their work is performed with a proper regard for the obligations of their contract, there will remain little or no margin of profit to compensate them for their arduous labors. The high rates are not, of course, intended for general application throughout the State, but only to those lands covered by heavy timber and dense under^owth, which can not be surveyed at present legal rates, and which it may be desirable and necessary to' survey in order to meet the demands of actual settlers, and that the State may make selections of lands in sat- isfaction of the several donations made by the enabling act of February 22, 1889.

PUBLIC LANDS OF THE ARID REGION.

In the annual report of this office for the fiscal year ending June 30,

1888 (pages 181 to 184), and in that for the fiscal year ending June 30,

1889 (pages 48 to 54), the subject of irrigation of the arid lands of the public domain was treated of.

Since then, the arid lands, or lands within the arid region, as affected by the provisions of the act of Congress of October 2, 1888 (25 Stat. 626), havo been the subject of consideration in the Department and in Congress. As affording information on this important subject, I here present the contents of Executive Document No. 136, Senate, Fifty-first Congress, first session, as follows, viz :

Department op the Interior. Washington, June 3, 1890.

Sir: I have the honor to acknowledge the receipt of the resolation of the Senate of May 3, 1890, in the following language :

'* Whereas the act approved October 2, 1888, malting appropriations for anndry civil expenses of the Government for the fiscal year ending June 30, 1890, in appro- priating the sum of $100,000 for investigating the extent to which the arid region of the United States may be reclaimed by irrigation, and to enable the Geological Snr- Tey to select the sites for reservations and oth^r hydraulic works connected therewith, further provides as follows:

"And all the lands which may hereafter be designated or selected by such United States surveys for sites for reservoirs, ditches, or canals for irrigation purposes, and all the lands made susceptible of irrigation by such reservoirs, ditches, or canals are from this time henceforth reserved from sale as the property of the United States, and shall not be subject after the passage of this act to entry, settlement, or occupa- tion until further provided by law:

^^Resolved, That the Secretary of the Interior be requested to inform the Senate what construction is placed by his Department upon the scope and effect of the res- ervation from sale and disposal of the arid lands under the provisions of the act above

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60 EEPOET OP COMMISSIONER OP GENERAL LAND OPPICE.

cited, and what iiifitraction or orders, if any, have beea iasued or made thereander (whether f^eaeral or special) with respect to the saspensioa of the arid lands from entry under the public land laws, or the suspension of entries thereof heretofore made, or affecting the rights of citizens to construct canals and ditches for irrigating purposes on the public domain."

In reply thereto I have to state that the question as to the construction of the statute mentioued in this resolution first arose upon the presentation to the Secretary of resolutions of the oouHtitutional convention that assembled in Idaho Territory on account of the supposed conflict then about to occur between that Territory and the Territory of Utah as to the use of the waf<ers of Bear River. These resolutions were transmitted through the governor of the Territory, and a copy of which is hereto annexed, and wherein this memorial, among other things that were recited, states:

** Whereas the Government of the United States has taken steps toward redeeming the arid lands of the West ; * * * and

'^ Whereas, for the purpose of establishing a thorough system of storage reservoirs, canals, and irrigating ditches, engineering parties are making surveys for this pur- pose; and

'^ Whereas it is learned that the plans of the Government are threatened to be thwarted by speculators having men to follow up these surveys to make filings on lands, reservoirs, and canal locations :

^^ Resolved, By the Idaho constitutional convention now assembled at the capital of said Territory, having the good of the general public and the good of the people of Idaho with the prosperity of the Territ'Ory at heart, do hereby memorialize the De- partment of the Interior to take such action at once as will remedy the evils which threaten this fair Territory in the manner outlined in this memorial."

Thereupon a response was made by the Secretary, dated August 2, 1869, and di- rected to the Hon. G. L. Shoup, governor, Bois^ City, Idaho, which, after acknowl- edging the receipt of the resolutions, stated that a full reply to the questions might be found in the provisions of the appropriation act of October '^ 1886, which was then and there quoted, and in regard to which the Secretary went on to state :

''This is the law of to-day, unreversed, unrepealed, and in full force. You per- ceive its vast extent and the immense consequences that will follow therefrom in the direction that your resolution points unless there be further action in regard thereto by Congress. It follows necessarily that the speculators, corporations, or other per- sons referred to in the resolution are under the effect of this law and unable to obtain the advantages that you say they are seeking. Unless the law is repealed or the President opeus the lands to settlement under the homestead laws the Government must have and will take eventually absolute control of every acre of arid land that may be redeemed by the system of reservoirs, canals, and ditches, as provided in the appropriation act mentioned. The subsequent appropriation act has not affected the above provision.

"This, I think, is a full solution of the whole trouble between the Territory of Idaho and Utah, and parties entering upon the lands in thither Territory will be sub- jected to the superior title and further control of the United States."

In consequence of this correspondence, as promised therein and under what was deemed a pressing necessity, a circular was prepared by the Commissioner of the General Land Office, under direction of the Secretary, and distributed to the regis- ters and receivers of United States district land offices, under date of August 5, 1889, in which it was held :

" That the object songht to be accomplished by the foregoing provision (being that cited in the resolution of the Senate) is unmistakable. The water sources and the arid lands that may be irrigated by the system of national irrigation are now re- served to be hereafter, when redeemed to agriculture, transferred to the people of the Territories in which they are situated for homesteads. The act of Congress and common justice require that they should be faithfully preserved for these declared purposes.

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''The Btatate provides that all lands which may hereafter be designated or selected by the (Geological Survey as sites for reservoirs, ditches, or canals for irrigating par- poses, and all lands made susceptible of irrigation by snch reservoirs, ditches, or canals, are, since ttte passage of said act, absolutely reserved firom sale as property of the United States, and shall not be subject after the passage of the act to entry, set- tlement, or occupation until further provided by law or the President, by proclama- tion, may open said lands to settlement.

" Neither individuals nor corporations have a right to make filings upon any lands thn^reserved, nor can they be permitted to obtain control of the lakes and streams that are susceptible of uses for irrigating purposes.

"You will therefore immediately cancel all filings made since October 2, 1888, on such sites for reservoirs, ditches, or canals for irrigating purposes and all lands that may be susceptible of irrigation by such reservoirs, ditches, or canals, whether made by individuals or corporations, and you will hereafter receive no filings upon any such lands.

**This order yon will carry into effect without delay."

A copy is herewith transmitted.

This has been the construction held since, and under jt large portions of the public survey have been designated by the Director of the Geological Survey to be set apart for reservoirs, ditches, etc., amounting to many thousand acres.

Upon the receipt of the Senate resolution, and in order that there might be no fhture misunderstanding as to the validity of the conHtrnction by the Secretary, he asked and obtained first the opinion of the assistant attorney-general assigned to his depart- ment as to the construction to be placed upon the act, which was given, and there- upon the matter wae further presented to the Attorn ey-Gtoneral of the United States, who has rendered his opinion, and states his couclusious in the following words :

** The object of the act is manifest. It was to prevent the entry upon, and the set- tlement and sale of, all that part of the arid region of the public lands of the United States which could be improved by general systems of irrigation, and all lands which might thereafter be designated or selected by the United States surveys as sites for the reservoirs, ditches, or canals in snch systems. Unquestionably, it would seriously interfere with the operation and purpose of the act if the sites necessary for reservoirs in snch plan of irrigation could be entered upon by homestead settlers. So, too, it would be obviously unjust if, pending the survey made with a view to their segregation for improvement by irrigation, these lands could be entered upon and settled as arid lands of the United States. It was, therefore, the purposs of Congress by this act to suspend all rights of entry upon any lands which would come witl\;n the improving operation of the plans of irrigation to be reported by the Director of the Geological Survey under this act. Language could|hardly be stronger than are the words of the act in expressing this intention : *Ail the lands which may hereafter be designated or selected,' etc., ' are from this time henceforth hereby reserved from sale,' etc., ' and shall not be subject after the passage of this act to en- try,' etc., ' until further provided by law.' There can be no question that if an entry was made upon land which was thereafter designated in a United States survey as a site for a reservoir, or which was by such reservoir made susceptible of irrigation, the entry would be invalid, and the land so entered upon would remain the property of the United States, the reservation thereof dating back to the passage of this act.

" The far-reaching effect of this construction can not deprive the words of the act of their ordinary and necessary meaning. The proviso that 'the President, at any time in his discretion, by proclamation, may open any portion or all of the lands,' so reserved, was the legislative mode of modifying and avoiding the far-reaching effect of the act, whenever it should appear to the Executive to have too wide an opera- tion. Entries should not be permitted, therefore, upon any part of the arid regions which might possibly come within the operation of this act."

Thus it appears that the Attorney-General fully sustains the opinion of the assist- ant attorney-general and the action of the Secretary heretofore had.

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Copies of these several opinioDS are also transmitted.

The Secretary is not called npon to express his views farther than upon the con- stmction he has placed npon this act ; bnt he asks the privilege to say that he deems that this matter is one of snoh magnitude and of snoh vital interest to the people in- habiting or who may heroafter inhabit these vast regions, that if the Senate and House of Representatives do not as a body fully concur in the pnrpose of this law they should take the business in hand without delay to so modify it as they may deem the public interests require ; as otherwise there may be the greatest losses on the one hand to persons who, ignorant of the law or disregarding the same, settle npon these lands, or npon the other vast and valuable properties that should be controlled by the Government for reservoirs, ditches, etc.

In this connection I beg leave to refer the Senate to the report recently made by the Committee on Arid lands and Irrigation, and espeeially to so much thereof as Is set forth in the minority report in relation to this subject, which has been submitted to the Director of the Geological Snrvey, and I believe meets with his approval. Very respectfully,

John W. Noblk,

Secretary,

The President of ths Senate.

Department of Justice,

Washingt4m, D, C.,MayU4, 1890.

Sir: By a letter of April 21, 1890, you submitted for the consideration of the Attor- ney-General a letter from the Commissioner of the Greneral Land Office, raising the question: ''Whether, under the act of October 2, 1888 (25 Stats., 526), the reserva- tion extends to such tracts as may be actually selected as sites, etc., becoming opera- tive only after such selection, or whether the reservation, from disposal, extends from the date of the act to the entire expanse of the arid region, as mor^particularly defined in the communication.''

Since your letter of April 21 you have transmitted also the opinion of Mr. Assistant Attorney-General Shields, assigned to your Department, to whom you referred the question. After an examination of the law and of the considerations presented by Mr. Shields in his opinion, I have to say that I fully concur with him in his eoncln- sious and the grounds stated therefor ; and that, in view of the lucid opinion which he has rendered, it is unnecessary for me to give extended reasons for snoh oouoar- rence.

The section of the law which presents the question of construction referred by yon to this Department is found in the snndry civil appropriation act of 1888, under the appropriations for the United States Geological Survey. The subjeot is introduced by an appropriation of $100,000, or so much thereof as may be necessary, " for the pnrpose of investigating the extent to which the arid region of the United States can be redeemed by irrigation, and the segregation of the irrigable lands in such arid re- gion, and for the selection of sites for reservoirs and other hydraulic works necessary for the storage and utilization of water for irrigation." The Director of the Geologi- cal Snrvey is then required to make a report to Congress on the first Monday in De- cember in each year, showing how the money appropriated has been expended. Then follows the particular language which is the subject for construction :

*'And all the lands which may hereafter be designated or selected by such United States surveys for sites for reservoirs, ditches, or canals for irrigation purposes, and all the lands mad^ susceptible of irrigation by such reservoirs, ditches, or canals are from this tiipe henceforth hereby reserved from sale as the property of the United States, and shall not be subject, after the passage of this act, to entry, settlement, or occupation until further provided by law : Provided^ That the President, at any time

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in his diflcretioDy by proclamation, may open any portion or all of the lands reserved by this provision to settlement under the homestead laws/'

The object of the act is manifest. It was to prevent the entry upon and the settlement and sale of all that part of the arid region of the pablio lands of the United States which oonld be improved by general system of irrigation, and all lands which might hereafter be designated or selected by the United States snrveys as sites for the reservoirs, ditches, or canals in such systems. Unqnestionably, it would serionsly Interfere with the operation and purpose of the act if the sites necessary for reservoirs in SQoh plan of irrigation conld be entered upon by homestead settlers. So, too, it would be obviously unjust if, pending the survey made with a view to their segrega- tion for improvement by irrigation, these lands should be entered upon and settled as arid lands of the United States. It was, therefore, the purpose of Congress, by this act, to suspend all rights of entry upon any lands which would come within the improving operation of the plans of irrigation to be reported by the Director of the Geologrical Survey under this act. Language could hardly be stronger than are the words of the act in expressing this intention :

''All the lands which may hereafter be designated or selected,'' etc., ** are from this time henceforth hereby reserved trom sale," etc., *' and shall not be subject after the passage of this act to entry," etc., " until further provided by law."

There can be no question that if an entry was made upon land which was there- after designated in a United States survey as a site for a reservoir, or which was by such reservoir made susceptible of irrigation, the entry would be invalid, and the land so entered upon would remain the property of the United States, the reservation thereof dating bacli: to the passage of this act.

The far-reaching effect of this construction can not deprive the words of the act of their ordinary and necessary meaning. The proviso that '* the President at any time in his discretion, by proclamation, may open any portion or all of the lands" so re- served, was the legislative mode of modifying and avoiding the far-reaching effect of the act whenever it should appear to the Executive to have too wide an operation. Entries should not be permitted, therefore, upon any part of the arid regions which might possibly come within the operation of this act.

All the papers accompanying your request, together with the opinion of Mr. Assist- ant Attorney-General Shields, are herewith returned . Very respectfully,

Wm. H. Taft,

Acting Attame^'Qeneral. The Secbbtary of the Intbriok.

DSPARTMBNT OF THE INTERIOR, GENERAL LaND OfFIOE,

Washington, D, C, ApHl 2, 1890. Sir : I have had under consideration the matter of the public lands in what are known as the arid regions affected by the provisions of the act of Congress of October 2, mSB (25 Stats., 526), and the departmental circular of August 5, 1889 (9 L. D., 282). The portion of that act applicable to such lands reads as follows, viz : ** For the purpose of investigating the extent to which the arid region of the United States 6an be redeemed by irrigation and the segregation of the irrigable lands in such arid region, and for the selection of sites for reservoirs and other hydraulic works necessary for the storage and utilization of water for irrigation and the prevention of floods and overflows, and to make the necessary maps, including the pay of em- ploys in field and in office, the cost of all instruments, apparatus, and materials, and all other necessary expenses connected therewith, the work to be performed by the Ctoological Survey under the direction of the Secretary of the Interior, the sum of one hundred thousand dollars, or so much thereof as may be necessary. And the Director of the Geological Survey, under the supervision of theSecretary of the Interior, shall

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make & report to Congress on. the first Monday in December of each year, showing in detail how the said money has been expended, the amount osed for actual survey and engineer work in the field in locating sites for reservoirs, and an itemized account of the expenditures under this appropriation. And all the lands which may hereafter be designated or selected by Buoh United States surveys for sites for reservoirs, ditches, or canals, for irrigation purposes, and all the lands made susceptible of irri- gation by such reservoirs, ditches, or canals, are from this time henceforth hereby reserved from sale as the property of the United States, and shall not be snbject after the passage of this act to entry, settlement, or occupation until further provided by law : Providedj That the President at any time in his discretion, by proclamation, may open any portion or all of the lands reserved by this provision to settlement under the homestead laws.''

The following Is qiioted from the circular of August 5, 1889, in reference to the snb- ject, viz :

" The object sought to be accomplished by the foregoing provision is unmistakable. The water sources and the arid lands that may be irrigated by the system of national irrigation are now reserved to be hereafter, when redeemed to agriculture, trans- ferred to the people of the Territories in which they are situated for homesteads. The act of Congress and common justice require that they should be faithfully preserved for these declared purposes.

** The statute provides that all lands which may hereafter be designated or selected by the Geological Survey as sites for reservoirs, ditches, or canals for irrigating pur- poses, and all lauds made susceptible of irrigation by such reservoirs, ditches, or canals are, since the passage of said act, absolutely reserved from sale as property of the United States, and shall not be subject, after the passage of the act, to entry, settlement, or occupation until further provided by law, or the President, by procla- mation, may open said lands to settlement.

'* Neither individuals nor corporations have a right to make filings upon any lands thus reserved, nor can they be permitted to obtain control of the lakes and streams that are susceptible of uses for irrigating purposes.

** You will, therefore, immediately cancel all filings made «ince October 2, 1888, on such sites for reservoirs, ditches, or canals for irrigating purposes, and all lands that may be susceptible of irrigation by such teservoirs, ditches, or canals, whether made by individuals or corporations, and you will hereafter receive no filings upon any such lands.

** This order you will carry into eflfect without delay."

The lands affected as aforesaid may be considered as embraced in two classes : First, such as have been actually selected by the proper authority for sites for reservoirs, ditches, or canals for irrigation purposes, and such as may hereafter be selected in the progress of the surveys ; and second, all the lands being in possibility of such selection for sites, or of being made susceptible of irrigation by such reservoirs, ditches, or canals.

With regard to the first class, the act of selection or designation by authority in the progress of the surveys, and the proper promulgation thereof, would determine to what particular tracts the reservation should apply, and there would thereafter be no difficulty for all persons interested, whether as officials or otherwise, to avoid want of conformity in their proceedings, so far as such difficulty might arise from uncer- tainty in this respect. And it scarcely need be suggested that prior to such selection there can be no certainty in the matter, and that no reservation is possible, under the terms employed in the statute, limited to particular tracts, in the absence of any certainty as to the particular tracts to be afi^ected thereby.

With regard to the second class, two possible views present themselves as to the operation of the statute: First, that the reservation extends to such tracts as may be actually selected as sites becoming operative only after such selection, and such as may be found to be susceptible of irrigation by such reservoirs, ditches, or canals after the latter are actually made or brought into existence, and as may be

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selected or designated by proper authority after this is fonnd to be the case, firom time to time, in the progress of the sarveyS) while as regards all other lands in the arid regions, the laws for the disposal of the pnblio lands generally remain operatiye, notwithstanding the provisions of the particular statute ; or, second, that a resenra- tion from disposal of the entire expanse within the arid regions, embracing some lands that are naturally arable and susceptible of profitable cultivation, or that may be irrigated by individual effort, went into immediate effect as soon as said act was approved, so as to render invalid and subject to cancellation any filings, locations, or en- tries thereafter allowed as being for the land that might possibly, in the course of time, be selected for sites for reservoirs, ditches, or canals, or that might be rendered suscep- tible of irrigation, thereby embracing possible appropriations at public sale, agricult- ural private entries or locations, pre-emption settlements, entries, or locatione, home- stead settlements or entries, timber and stone entries, timber-culture entries, town-lot eutries, town-site entries, scrip locations, mineral entries, desert-laiid entries, coal land entries, selections under Congressional grants for school indemnity, or for other purposes; in fine, every description of disposals provided for in the system of land laws in a region of country extending approximately from the one hnndredth degree of longitude on the east to the Pacific Ocean on the west, and from the British Posses- sions en the north to Texas and Mexico on the south, as indicated on a map of the arid regions, in the office of the Geological Survey, and including in whole or in part he States of California, Colorado, North Dakota, South Dakota, Kansas, Montana, Nebraska, Nevada, Oregon, and Washington, and the Territories of Arizona, Idaho, New Mexico, Utah, and Wyoming.

The practical enforcement of the latter construction of this statute would suspend the operation of the land system of the land laws in general, so far as regards the extent of country mentioned, thereby affecting important interents, or would require, in case any disposals are allowed therein, that it should be at the risk of the parties seeking title, leading to an indefinite suspension of issue of patents, with an accumu- lation of unsettled claims, and corresponding uncertainty of rights, until it may be determined, in course of time, whether the tracts, title to which is sought t > be ac- quired, are affected by the statute as sites for reservoirs, ditches, or canals, or as made susceptible of irrigation thereby ; until this is determined, applications to enter can not be understandingly acted upon.

Already, in the progress of the business of this office, numbers of entries are found to have been made within the arid regions sinco October 2, 1888, thus presenting the question of their approval or other treatment as a practical one. I have directed that until further orders no entries be approved for tracts lying within the arid regions where the right had its inception subsequent to the passage of the act of October 2, 1888.

In view of the premises, I have the honor to submit this important matter to the Secretary, ae the official head of the Department, exercising directory and supervi- sory authority over its operations. I respectfully ask directions how I shall proceed therein with reference to the language used in the circular of Augast 5, 1889, as above quoted.

lam of opinion that the first view presented above, as to the operation of the ^4tatute, «hould be adopted and acted upon, allowing of disposals sub<)eqnently a;! w 41 as prior to its approval, except as it regards tracts actually selected anddeHignated by proper authority for sires for reservoirs, ditches, or ca'ials, or actually selected and dt^sig- nated by proper authority as susceptible of irrigation from such reservoirs, ditches, or canald, and the selection and designation thereof made known in the usual man- ner for the information and guidance of all concerned.

If this view should not meet the approval of the Secretary, then I am of th^ opin- ion that the alternative course would require that the country deetned to be inulnded within the law as arid regions should be indicated by declared limits, and iiistrno- tions given to the district land officers to cease operations so far as regards disposals 9405 L O 5

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within such limits until the conditions as to liability to disposal shall be definitely ascertained, and that some rule should be given for proper proceedings with reference to entries, filings, or locations found to have been made within the declared limits after the approval of the act of October 2, 1888, before or subsequent to the promul- gation of the departmental circular of August 5, 1889.

I respectfully suggest, in view of the public interests involved, that there should be no unnecessary loss of time in passing npon the points calling for action, as above stated.

Very respectfully,

Lewis A, Groff,

Comvii98ionei\ The Secrktary of the Interior.

DipPARTMENT OF THE INTERIOR,

Waahingtonf May 24, 1890.

Sir : In accordance with your request I have considered the questions presented by the Commissioner of the General Land Office in his let ter of April 2, 1890, asking for instructions as to the proper action to be taken to carry into efiiect the provisions of the act of Congress of October 2, 1888 (25 Stat., 505-526), relating to the survey and segregation of the arid lands of the United States, and would respectfully submit the following:

Said act, after making an appropriation for the purpose of investigating the extent to which the arid region is susceptible of irrigation, and the segregation of the irri- gable lands in such arid region and for the selection of sites for reservoirs, further provides as follows :

''And all the lands which may hereafter be designated or selected by such United States surveys for sites for reservoirs, ditches, or canals f( r irrigation purposes, and all the lands made susceptible of irrigation by such reservoirs, ditches, or canals are from this time henceforth hereby reserved from sale as the property of the Uni ted States, and shall not be subject, after the passage of this act, to entry, settlement, or occupation until further provided by law : Provided, That the President, at any time in his dis- cretion, by proclamation, may open any portion or all of the lands reserved by this provision to settlement under the homestead laws."

A brief statemeut of the history of the legislation under consideration may render assistance in arriving at a conclusion upon the questions now presented.

On February 13, 1888, the following resolution was agreed to by the Senate of the United States :

**Reaolvedf That the Secretary of the Interior be requested to inform the Senate if, *in his opinion it is desirable, to authorize the organization in bis Department known as the Geological Survey, to segregate lands of the public domain capable of irriga- tion, in the sections of the United States where irrigation is required, from other lands, and to lay out suitable places to be reserved for reservoirs and rights of way for ditches and canals for the purposes of irrigation. " (Record, 1888, Fiftieth Con- gress, Vol. 19, pt. 2, p. 1137.)

In response to this resolution the Secretary forwarded to the Senate a report of the Director of the Geological Survey recommending that such action should be taken, and that without delay. (Cong. Record, 1888, Fiftieth Congress, vol. 19, pt. 3, p. 2636,S.Ex. Doc. 134.)

By Joint resolution approved March 20, 1888 (25 Stat., 618), it was resolved :

** That the Secretary of the Interior, by means of the Director of the Geological Survey, be, and he is hereby, directed to make an examination of that portion of the arid regions of the United States where agriculture is carried on by means of irriga- tion, as to the natural advantages for the storage of water for irrigating purposes, with the practicability of constructiug reservoirs, together with the capacity of the

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Btreams aiul the cost of coDstmotion aad capacity of reservoiis, and snch other fftcta as bear on the qnestion of storage of water for irrigating purposes.''

The Senate on March 27, 1888, passed a resolution directing the Secretary of the Interior to report what appropriation was necessary to carry into effect the said Joint resolution. (Cong. Record, 1888, vol. 19, pt. 3, p. 8428.) In response to this the Sec- retary recommended an appropriation of $250,000. {Id., p. 4078, S. Ex. Doc. 163.)

When the sundry civil appropriation bill was being considered in the Senate an amendment was made thereto by which there was to be appropriated ^'for the pur- pose of investigating the extent to which the arid region of the United States can be redeemed by irrigation," etc., the sum of |250,000, and it was provided in said amend- ment,^' and all lands which may be designated for reservoirs and canals for irrigation shall be reserved as the property of the United States, and shall not be subjected to entry or settlement until hereafter provided for by law." (Cong. Record, 1888, vol. 19, pt. 8, p. 7012.) This amendment was amended in the House and the bill was finally passed and approved in its present shape.

It is quite clear that it was the intention to withhold from sale and to withdraw from entry, settlement, or occupation all lands needed for the purposes of reservpirs, canals, or ditches, and also all lands that might be irrigated by means of the system of irrigation contemplated, which included all arid lands susceptible of irrigation.

An examination of the Congressional Record shows that this provision of the law was debated at considerable length, and that i^ was clearly understood it contem- plated a withdrawal from the date of the passage of the law' of all lands needed for or to be benefited by the scheme of irrigation contemplated. The discussion in the House upon this proposition is found in part 9, vol. 19, of the Congressional Record, Fiftieth Congress.

Mr. Cannon, of Illinois, after stating that the first proposition was the appropria- tion of a sum of money, said :

'*The next branch, and by far the most important— in fact the important proposi- tion of this amendment— is the reservation now, at the time of the jiassage of the law, of lands that may hereafter be needed at any time for reservoirs or for irrigat- ing canals, and all lands that may be irrigated by virtue of the establishment of res'" ervoirs hereafter." (P. 8506.) On page 8507 the following appears :

*<Mr. HoLMAN. If the gentleman will allow me to interrupt him, I would like to ask this question : Does the gentlemen intend hereby that all lands hereafter, at any time hereafter, that may be found necessary for the sites of the reservoirs, canals, or ditches, or that may be made valuable by irrigation through snch sources, shall be reserved from entry, and that entries made hereafter in the interval shall not be op- erative ?

'* Mr. Symes. That is the intention of the amendment and its effects as it now stands. I know that the Senate conferrees will agree to the first part of the amend- ment ; that is to say, from now on all lands selected for reservoirs, ditches, or canals shall be absolutely reserved, and that if A, B, or C in the mean time locates upon them that he shall be subject to be dispossessed, if the sites are necessary for such purposes."

It appears the House amendment was formulated by Mr. Symes, of Colorado, and offered by Mr, Breckinridge, of Kentucky. Mr. Breckinridge, in the course of his remarks on the amendment, said (p. 8513) : ** I take the liberty of accepting Mr. Stone's explanation of my amendment. '* What does this amendment propose f It proposes to appropriate |250,000 to in- augurate and prosecute extensive surveys in what is known as the arid region of the country, to locate its boundaries accurately, to ascertain where natural reservoirs may be established for the storage of water supplies, to ascertain the extent and loca- tion of these desert or arid lands which may be reclaimed or restored to agricultural uses by a system of irrigation, and to suggest the best and most practicable methods

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of irrigation. It provides also tliat all the lands that may be utilized and made valu- able by irrigation shall, after the passage of this bill, be withdrawn from sale or other disposition until such time as Congress shall provide for disposing of them. That is the sum and substance of the amendment. That is the whole proposition.

" Mr. Speaker, so far as I am concerned, and so far as this qnestion is concerned, that is the whole of it."

Afterwards Mr. Symes, on behalf of the friends of the measure, moved to amend the amendment by striking out the words '^ and all lands made susceptible of irrigation by such reservoirs, ditches, or canals," which amendment was by the House rejected (p. 8515). It was sought tiO substitute for the House amendment an amendment which provided—

'' That during the pendency of measures now before Congress affecting the public lands the entry of lands known and designated as desert lauds shall be suspended ; but this provision shall not prevent the entry of such lands under the homestead law^ except that section 2301 of the Revised Statutes shall not apply to such entries'' (p. 8542).

This proposition was also defeated and the amendment first offered was adopt-ed.

When the bill was again considered in the Senate, Mr. Teller, in explanation of the House amendment, said :

" I should like to say that on an examination of the bill, hastily made, it appears that the House has amended the proposition for reservoirs l»y striking out |150,000, leaving the appropriation $100,000 instead of $250,000, as theSenate proposed. They have also reserved not simply the reservoirs which we had reserved from occupation, but all the lands that are susceptible of irrigation below.

''That has evidently happened because the House could not have understood what the real result would be. That is equivalent to saying in the State of Colorado, if a reservoir should be located on the head of a stream, thnt all the land below that should be reserved. There are thousands of acres that may still be irrigated by the waters of the stream. It would practically withdraw in Colorado and in some parts of Nevada all of what we call the arid lands, all the lands that have to be irrigated. That part will not do. It will be no benefit to the western country at all. If you put that in we should be worse off than if we had nothing at all. It would be worse than a dis agreement to the Senate amendment.''

The Senate disagreed to the amendment proposed by the House, and the bill was referred to the conference committee, where it was finally agreed to, with the addition of the proviso, ** that the President may, at any time in his discretion, by proolama- tion, open any portion or all of the lands reserved by this provision to settlement under the homestead laws," and the report of the committee was concurred in both by the Senate and the House (pp. 8809 and 889r^).

This act direct^s the withdrawal of two classes of lands : First, those needed or to be designated for sites for reservoirs, ditches, or canals, without regard to their char- acter as arid or non-arid lands ; and, second, arid lands made susceptible of irriga- tion by such reservoirs, ditches, or canals. It is important that no lands other than those embraced in these two classes should be withdrawn from disposition under the general land laws. The difficulty lies in determining what lands are embraced by these two classes. One point, however, seems so clear that there can be no doubt as to the proper course to pursue in relation thereto. The act of March 3, 1877, com- monly known as the " desert-land law," relates only to the class of lands withdrawn from disposition by the act under consideration ; that is, arid lands susceptible of irrigation, and it therefore necessarily follows that no entries under the said desert- land law could be properlj allowed after the passage of the act under consideration' and hence that from and after October 2, 1888, the operation of the desert-laud law was suspended and must so remain until further action by Congress. Notice of this should, it seems to ipe, be promptly given by the Commissioner of the General Land Office, if such action has not already been taken, and steps should be taken for the cancellation of any such entries as may have been made since October 2, 1888.

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Id the matter of giving notice of tlie provisions of this law and iesuing sach iu- etractions as v^ould prevent the allowance of filings or entries on such lands as are thereby reserved, no step seems to have been taken until August 3, 1889, when you addressed a communication to the Commissioner of the General Land Office, inclosing a telegram from the governor of Idaho in regard to said law with the following di- rections :

^* You will communicate without delay the provisions of the statute therein cited to the land officers in all the arid districts for their information and guidance, and with direction that all lands falling within the language of the statute are reserved by force thereof until opened by the President."

In accordance with these directions the circular of August 5, 1889 (9 L. D., 282), referred to and quoted from in the Commissioner's letter of April 2, 1890, was pre- pared and promulgated. This circular has, as I am informed, been modified to the extent of allowing filings and entries subject to the provisions of said act.

Any entry or filing and any settlement made within the territory of the arid region after October 2, 1888, is liable to defeat by reason of the lands covered thereby being subsequently selected as sites for reservoirs, ditehes, or canals, or being rendered sus- ceptible of irrigation by means of such reservoirs, canals, or ditches a8 may be con- structed in pursuance of the scheme of irrigation contemplated by said act. In order to relieve the settlers in that great territory of the doabt and uncertainty resnltiug from this condition of affairs, the work of selecting and designating the particular tracts coming within the provisions of this law should be prosecuted with all possi- ble diligence. In the meantime, and until this work can be accomplished, the lands contemplated by the act should, both for the accomplishment of the ends aimed at and for the protection of individuals, be designated and pointed out as segregated from the public domain. Whether there is sufficient information in the possession of the Bureau of Geological Survey to make it possible to designate certain portions of the arid region, as subject to said act and certain other portions as not in any event falling within the provisions thereof, I am not in possessioil of such information as would enable me to express an opinion. It seems to have been thought, while the measure was pending before Congress, that such a course would be found feasible. Mr. Oates, in the course of his remarks, made use of the following language :

**I see from the testimony of Mr. Powell that the surveys which have been jnade and are now in progress, while not distinct enough for him to locate and designate all the different catchment basins and to segregate them one from another, yet they are distinct enough so that the neighborhood in which they lie, and where, in all probability, the reservoirs would be located, can easily be ascertained. The with- drawal of these districts from the market is all that seems to me to be necessary at this time.'' (Congressional Record, 1888, part 9, page 8481.)

In view of the evident intention of this legislation, loan not concur with the Com- missioner of the General Land Office in his recommendation of the adoption of the view ''that the reservation extends to such tracts as maybe actually selected as sites, becoming operative only after such seleotiun, and such as may be found to be susceptible of irrigation by such reservoirs, ditches, or canals, after the latter are ac- tually made or brought into existence, and as may be selected or designated by proper authority after this is found to be the case, from time to time, in the progress of the surveys ; while^ as regards all other lands in the arid regions, the laws for the dis- posal of public lands generally remain operative, notwithstanding the provisions of the particular statute," this view, aH he say9, '' allowing of disposals subsequently, as well as prior to the approval" of the statute, ''except as it regards tracts actually selected and designated by proper authority for sites for reservoirs, ditches, or canals, or actually selected and designated by proper authority as susceptible of irrigation from such reservoirs," etc.

To adopt this view would, in my opinion, be to defeat the object of the act by allow- ing available sites and locations for reservoirs to be appropriated by individuals or corporations, to prevent which the reservation was inserted in the law. This view

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can i)ot, I think, be adopted, although the only alternative would, as said by the Commissioner, '* require that the country deemed to be included within the law as arid regions should be indicated by declared limits and instructions given to the district land officers to cease operations so far as regards disposals within such limits until the conditions as to liability to disposal shall be definitely ascertained." This action will not, however, be necessary to the fnll extent intimated by the Commis- sioner if the information in the possession of the Geological Survey is sufficient to make it possible to say that certain territories within the larger limits of the arid region are excepted from the operation of this law. No entries, filings, or locations made within the arid regions since October 2, 1888, should be allowed to go to patent or be perfected until it shall be satisfactorily determined that the lands involved are not within the reservation created by the act under consideration. There seems to be no escape from these conclusions, in view of the broad and comprehensive terms of the enactment. Whatever may be the opinion of the officials of the Department as to the expediency of the legislation, it is clearly their duty to comply with the statute, leaving to Congress the remedy by future laws. If, after the withdrawal of these arid lands, it should be found that portions of them were not properly with- drawn, or are not within the terms of the act, or for any other reason, the President may at any time, in his discretion, by proclamation, open any portion or all of the lands reserved to settlement nnder the homestead law.

The letter of the Commissioner of the General Land Office is herewith returned. Very respectfully,

Geo. H. Shields, AsHatant Aitomey-Genen^aJ,

The Secretary op the Interior.

[Telegram.]

Department of the Interior,

WaBhington, August 3, 1889. Hon. G. L. Shoup,

Governor, Boiai City, Idaho :

I have last received the resolution adopted by the constitutional convention, trans- mitted by you to me through telegram. A full reply to this question I think is found in the following provision of the appropriation act of October 2, 1888, which reads as follows :

*^ For the purpose of investigating the extent to which the arid regiou of the United States can be redeemed by irrigation and the segregation of the irrigable lands in such arid region, and for the selection of sites for reservoirs and other hydraulic works necessary for the storage and utilization of water for irrigation and the prevention of floods and overflows, and to make the necessary maps, including the pay of em- ployes in field and in office, the cost of all instruments, apparatus, and materials, and all other necessary expenses connected therewith, the work to be performed by the Geological Survey, under the direction of the Secretary of the Interior, the sum of one hundred thousand dollars, or so much thereof as may be necessary. And the Director of the Geological Survey, under the supervision of the Secretary of the Interior, shall make a report to Congress on the first Monday in December of each year, showing in detail how the said money has been expended, the amount used for actual survey and engineer work in the field in locating sites for reservoirs, and an itemized account of the expenditures under this appropriation. And all the lands which may there- after be designated or selected, by such United States surveys for sites for reservoirs, ditches, or canals for irrigation purposes, and all the lands made susceptible of irri- gation by such reservoirs, ditches, or canals are from this time henceforth hereby reserved from sale as the property of the United States, and shall not be subject after

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the passage of this act to entry, settlement, or occapation until farther provided by law : Provided, That the President may at any time, in his discretion, by proclamation, open any portion or all of the lands reserved by this provision to settlement nnder the homestead laws/'

This is the law of to-day, unreversed, unrepealed, and in fall force. Yon perceive its vast extent and the immense consequences that will follow therefrom in the direc- tion that your resolution points unless there be farther action in regard thereto by Congress. It follows, necessarily, that the speculators, corporations, or other persbns referred to in the resolution, are under the effect of this law and unable to obtain the advantages that yoa say they are seeking. Unless the law is repealed, or the President opens the land to settlement under the homestead laws, the Government mast have and will take eventually absolute control of every acre of arid land that may be redeemed by the system of reservoirs, canals, aud ditches, as provided in the appropriation act mentioned. The subsequent appropriation act has not affected the above provision.

This, I think, is a full solution of the whole trouble between the Territory of Idaho and Utah, and parties entering upon these lands in either Territory will be subjected to the saperior title and farther control of the United States.

I have directed the Commissioner of the Land Office to notify the local officers of this law and prohibit entries of the kind you specify, and I have also ordered the Superintendent of the Geological Survey to proceed rapidly with the surveys on Bear River. The statnte, you observe, reserves these lands from the date thereof, and the Assistant Attorney-General of this Department agrees with me that it is constitu- tional and effective to the extent expressed. I fully appreciate the conflict of rights that must arise between Territories and States, but those all can and will be better regulated by national control than local conflicts and contradictory legislation.

I fear that the statute to which I have referred is not known in the Western Terri- tories to the extent at least that it ought to be, and I will have your dispatch and this published to-day in full.

JOHK W. NOBLB,

Secretary.

Department of thb Interior, General Land Office,

Washington, D. C, JuffU8t 5, 1889.

Gentlemen : Information having reached this Department that parties are endeav- oring to make fllings on arid lands reserved for reservoirs, irrigating ditches, and canals, and for the purpose of controlling the waters of lakes and rivers and their tributaries in the arid regions, I am directed by honorable Secretary of the Interior to call your special attention to the act of Congress approved October 2, 18;P8 (U. S. Statutes at Large, vol. 25, page 526), as follows :

''For the purpose of investigating the extent to which the arid region of the United States can be redeemed by irrigation, and the segregation of the irrigable lands in such arid region, and for the selection of sites for reservoirs and other hy- draulic works necessary for the storage and utilization of water for Irrigation and the prevention of floods and overflows, and to make the necessary maps, including the pay of employes in field and in office, the cost of all instruments, apparatus, and materials, and all other necessary expenses connected therewith, the work to be per- formed by the Geological Survey, under the direction of the Secretary of the Interior, the sura of one hundred thousand dollars, or so much thereof as may be necessary. And the Director of the Geological Survey, under the supervision of the Secretary of the Interior, shall make a report to Congress on the first Monday in December of each year, showing in detail how the said money has been expended, the amount used for actual survey and engineer work in the field in locating sites for reservoirs, and an itemized account of the expenditures under this appropriation. And all the lands which may hereafter be designated or selected by such United States surveys

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for sites for reservoirs, ditches, or canals for irrigation purposes, and all the lauds made susceptible of irrigation by such reservoirs, ditches, or canals, are from this time henceforth hereby reserved from sale as the property of the United States, and shall not be subject, after the passage of this act, to entry, settlement, or occupation until further provided by law : Provided, That the President at any time in his dis- cretion, by proclamation, may open any portion or all of the lands reserved by this provision to settlement under the homestead laws."

The object sought to be accomplished by the foregoing provision is unmistakable* The water sources and the arid lands that may be irrigated by the system of national irrigation are now reserved to be hereafter, when redeemed to agriculture, transferred to the people of the territories in which they are situated for homesteads. The act pf Congress and common justice require that they should be faithfully preserved for these declared purposes.

The statute provides that all lands which may hereafter be designated or selected by the Geological Survey as sites for reservoirs, ditches, or canals for irrigating pur- poses, and all lands made susceptible of irrigation by such reservoirs, ditches, or ca- nals are, since the passage of said act, absolutely reserved from sale as property of ^he United States, and shall not be subject after the passage of the act to entry, set- tlement, or occupation until further provided by law, or the President by proclama- tion may open said lands to settlement.

Neither individuals nor corporations have a right to make filings upon any landa thus reserved, nor can they be permitted to obtain control of the lakes and streams that are susceptible of uses for irrigating parposes.

Yon will therefore immediately cancel all filings made since October 2, 1888, on such sites for reservoirs, ditches, or canals for irrigating purposes, and all lands that may be susceptible of irrigation by such reservoirs, ditches, or canals, whether made by individuals or corporations, and yon will hereafter receive no filings upon auy such lands.

This order you will carry into effect without delay. Respectfully,

W. M. Stone, Aciing Commissioner.

Registers and Receivers,

United States Land Offices,

Memorial of the Idaho Constitutional Convention to the Secretary of the Interior, praying that the Government of the United States take steps toward redeemifig the arid lands of the West.

Whereas the Government of the United States has taken steps toward redeeming the arid lands of the West ; and

Whereas for the purpose of establishing a thorough system of storage reservoizB, canals, and irrigating ditches, engineering parties are making surveys for this pur- pose; and

Whereas it is learned that the plans of the Government are threatened to be thwarted by speculators having men to follow up these surveys to make filings on lands, leservoirs, and canal locations ; and

Whereas it is learned that one corporation is seeking to seize and control Bear Lake, together with large bodies of land adjoining its shore-lines, with the intention of making that lake a great storage basin ; and

Whereas the same corporation is seeking to control the waters of Bear Lake, to- gether with all the waters of Bear River, with the tributaries thereof, and gulches, for a distance of about 150 miles in Idaho, with a view of monopolizing all these waters to their own uses, one purpose of which is that they may dispose of a very large por-

4

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tion thereof within the Territory of Utah, greatly to the injury of Idaho, and against the interests of her people : Therefore be it

Resolved, That it was not contemplated by the Government or the Territory of Idaho, that any such monopolizing of the lauds and waters of Idaho should be per- mitted.

Beeolved, That steps should be taken'at once to preyeut such seizures of reservoirs and canal locations and the same be preserved for the people.

Sesolvedf That Bear Lake should be retained for a public storage reservoir, and the lands immediately adjoining the lake should be withdrawn from market to aid in carrying out such purpose. '

Besoleed, By the Idaho constitutional convention, now assembled at the capital of said Territory, having the good of the general public and the good of the people of Idaho, with the prosperity of the Territory at heart, do hereby memorialize the Depart- ment of the Interior to take such action at once as will remedy the evils which threaten this fair Territory in the manner outlined in this memorial.

Reaoleedf That this memorial be spread upon the journal of this convention, and a certified enrolled copy thereof forwarded by the governor to the Secretary of the Interior.

Idaho Territorial Constitutional Convention,

Bais^ City, Idaho, August 2. 1889. We hereby certify that the foregoing is a true copy of the memorial as adopted by the constitutional convention of Idaho Territory on the 2d day of August, A. D.^ 1889.

Wm. H. Clagett,

President Attest ;

Chas. H. Reed,

Secretary/

On the 25th of July, 1890, in reference to the subject of an inquiry from the Hon. John H. Reagan, of the [Jnited States Senate, I made the following report to the Hon. Secretary of the Interior, viz :

Department of tsb Interior, General Land Office,

Washington, D. C July, 25, 1890.

Sir : I have had the honor to receive from the Hon. John H. Reagan, of the United States Senate, a telegram dated at El Paso, Tex., the 20th instant, addressed to him by Edgar B. Brouson, president El Paso National Bank, in reference to the arid landa affected by the act of Congress of October 2, 1888 (Stats. 25, p. 526), on which Mr. Reagan has made an endoi'sement dated the 22d instant, which reads as follows, viz i

" Respectfully referred to Hon. Lewis A. Groff, Commissioner of the General Land Office, Washington, D. C. Yon will see what is said about the officers of the Land Office receiving entries for land in the arid regions up to June. Can this be tmef'

The statement referred to is that '* up to the end of June, the land officers of that district (southern New Mexico) were receiving the money of entrymen and issuing receipts therefor for any variety of filing on Government land desired to be made."

In reply I have to state that the act of October 2, 1888, in question, provides for surveys to be made in the arid regions and for designations or selections of lands for reservoirs, etc., and for ascertaining lands susceptible of irrigation thereby, which work was to be performed by the Director of the Geological Survey, under the direc- tion of the Secretary of the Interior, and for the reservation of such lands. No action was taken under said act in this office, under the last administration, no reports of operations thereunder having been received from the Director of the Geological Sur- vey, and it apparently having been considered unnecessary to take action looking to

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74 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

the reservation of the lands, until after action hyhim for the desif^nHtion or selection of sites for reservoirs, etc., and for ascertaining the lands made snsceptible of irriga- tion thereby. No action was taken until August 5, 1889, when a circular was issued by the Acting Commissioner of this office, under the direction of the Secretary, in which tbe district land officers were directed to " immediately cancel all filings made since October 2, 1888, on such sites for reservoirs, ditches, or canals for irrigating purposes, and all lands that may be susceptible of irrigation by such reservoirs, ditches, or canals, whether made by individuals or corporations,*' and that they ehould ** thereafter receive no filings upon any such lands."

It will be seen that when this circular was issued there was, speaking generally, no specification of sites for reservoirs, ditches, or canals, nor any specification of lands made snsceptible of irrigation thereby that were to be reserved, nor was there any order of reservation of the public lands generally embraced in their districts.

Under these circumstances letters were received from the district land officers, state iug that they were at a loss to understand their duty in the premises and asking to be instructed as to the specific lands to be reserved, and, in reply, they were referred to the terms of the statute and the circular mentioned, and informed that any person making entries would do so at their own risk.

These things occurred before the present incumbent of the office of Commissioner of the General Land Office entered upon duty.

There has never been any order to the registers and receivers of the district land offices to withhold all lands from entry or filing within what are understood to be the arid regions, but all entries or filings so allowed are understood to be made at the risk of the parties making them. On the Ist of April last I issued an order that no such «ntry or filing should be approved in this office for patenting until further orders, and on the 2d of the same month I addressed a communication to the head of the Department stating the case and asking for instructions how further to proceed under said act.

Thus the matter stands, and in connection therewith I would refer to the Execu- tive Document No. 136, Fifty-first Congress, first session, from which it appears that the attention of Congress was called to the subject by the Secretary under date of the 3d June last.

In view of the foregoing I have no reason to doubt that entries are being allowed at the district offices of land not appearing to be embraced in selections for reservoirs, or made susceptible of irrigation thereby, at the risk of the parties as aforesaid. Very respectfully,

Lewis A. Groff,

CofMni$s%oner,

The Sbcretary of the Iktbrior.

Copies of a letter from this office to the honorable Secretary of the Interior of August 8, 1890, and another to him of the 9th of the same mouth, with a copy of the instructions to registers and receivers of district land offices of the latter date, are added as showing subsequent proceedings in the matter, viz :

Department of the Interior, General Land Office,

Washingtanf D, C, August 8, 1890.

Sir : I have had the honor to receive your letter of the 4th instant, referring to my report to yon under date of the 25th nltimo, in reply to a letter to me from the Hon. J. H. Reagan, of the United States Senate, in reference to the puhlic lands in the arid regions as affected hy the act of Congress of October 2, 1888, and the Departmental circular of August 5, 1889 (9 L. D., 282).

Tour letter directs that aU disposals of public lands within the arid regions be stopped, and that all filings or entries of any such lands made subsequent to the pas- sage of said act, be canceled.

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REPORT OF COMMISSIONER OF GENERAL LAND OFFICE. 75

In coDformity tberewitli, instractions are now being prepared in this office to be addressed to tbe proper district land officers of sncb a cbaracter as to prevent tbe acceptance by them of any filings or entries of land witbin the arid region, any of which lands are liable to be selected as sites for reservoirs, or ditches, or canals for irrigation purposes, and to be made susceptible of irrigation thereby.

I am in possession of a map, furnished me by the Director of the Geological Survey Jnly 1, 1890, sbowing in a general way the limits of the arid regions contemplated in said act. This map I will act upon as authority, unless otherwise directed. I find, however, that the out-boundaries of the arid regions shown on that map by lines separating the arid regions from lands adjoining and beyond, which it is to be as- sumed are arable without irrigation, and therefore not comprehended within the provisions of the act for a reservation from disposal are on a small scale, and not sufficiently definite to indicate the particular lands in the manner in which disposals are provided for, viz : by sectional subdivisions, townships, and ranges, so as to ad- mit of accepting or rejecting entries, or filings applied for, accordingly as they may be judged to fall upon one or the other side of such out-boundaries. I have there- fore to request that the Director of the Geological Survey be asked to furnish this office with proper maps, in reference to such localities, of such definite character as to enable me to decide upon the claims of applicants when it is made a question whether the precise land applied for lies within the limits of the arid regions or not.

It is suggested that the desired action be taken, without unnecessary delay, in order that the matters involved may be placed in a condition to be promptly disposed of. Very respectfully,

Lewis A. Groff,

Commissioner.

The Secretary of the Interior.

Department of the Interior, General Land Office,

Washingtorif D. C, Attg'U8t9, 1890. Sir : In reference to the public lands within the arid regions of the United States, as affected by the act of October 2, 1888 (25 Stat., 526), and circular of August 5, 1889, being the subject of yonrs of the 4th instant and mine of yesterday's date, in- forming you that instructions were being prepared to the district land officers on the sabject, in compliance with your directions, I have now the honor to inclose herewith a copy of the instructions referred to. Very respectfully,

Lewis A. Groff,

Commissioner. The Secretary of the Interior.

Department of the Inthrior, General Land Office,

WashingUmj D. C, August 9, 1890.

Gentlemen: On the 5th of August, 1889, a circular was addressed to you, by direc- tion of the honorable Secretary of the Interior, calling your attention to the provisions of the act of October 2, 1888 (25 Stat., 526), relative to the lands in the arid regions of the United States and instructing you thereunder, which reads as follows, viz:

"Information having reached this Department that parties are endeavoring to make filings on arid lands reserved for reservoirs, irrigating ditches, and canals, and for the purpose of controlling the waters of lakes and rivers and their tributaries' in the arid regions, I am directed by the honorable Secretary of the Interior to call your special attention to the act of Congress approved October 2, 1888 (U. S. Statutes at Large, vol. 25, page 526), as follows :

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76 REPORT OF COMMISSIONER OP GENERAL LAND OFFICE.

'-'For the purpose of investigatiDg the extent to which the arid region of the United States can be redeemed by irrigation and the segregation of the irrigable lands in such arid region, and for the selection of sites for reservoirs and other hy- draulic works necessary for the storage and utilization of water for irrigation and the prevention of floods and overflows and to make the necessary maps, inclndtng the pay of employes in tield and in office, the cost of all instrument^, apparatus, and ma- terials, and all other necessary expenses connected therewith, the work to be per- iJormed by the Geological Survey, under the direction of the Secretary of the Interior, the sum of one hundred thousand dollars, or so much thereof as may be necessary. And the Director of the Geological Survey, under the supervision of the Secretary of the Interior, shall make a report to Congress on the first Monday in December in each year, showing how the said money has been expended, the amount used for actual survey and engineer work in the field in locating sites for reservoirs, and an itemized account of the expenditures under this appropriation. And all the lands which may hereafter be designated or selected by such United States surveys for sites for reser- voirs, ditches, or canals for irrigation purposes, and all the lands made susceptible of irrigation by such reservoirs, ditches, or canals, are from this time henceforth hereby reserved from sale as the property of the United States, and shall not be subject, after the passage of this act, to entry, settlement, or occupation until further pro- vided by law : Provided, That the President at any time in his discretion, by proela- mation, may open any portion or all of the lands reserved by this provision to settle- ment under the homestead laws.'

'^The object sought to be accomplished by the foregoing provision is unmistakable- The water sources and the arid lands that may be irrigated by the system of national irrigation are now reserved to be hereafter, when redeemed to agriculture, transferred to the people of the Territories in which they are situated for homesteads. The act of Congress and common Justice require that they should be faithfully preserved for these declared purposes.

''The statute provides that all lands which may hereafter be designated or selected by the Geological Survey as sites for reservoirs, ditches, or canals for irrigating pur- poses, and all lands made susceptible of irrigation by such reservoirs, ditches, or canals are, since the passage of said act, absolutely reserved from sale as property of the United States, and shall not be subject, after the passage of the act, to entry, settle- ment, or occupation until further provided by law, or the President, by proclamation, may open said lands to' settlement.

** Neither individuals nor corporations have the right to make filings upon any lands thus reserved, nor can they be permitted to obtain control of the lakes and streams that are susceptible of uses for irrigating purposes.

" Yon will, therefore, immediately cancel all filings made since October 2, 1888, on such sites for reservoirs, ditches, or canals for irrigating purposes, and all lands that may be susceptible of irrigation by such reservoirs, ditches, or canals, whether made by individuals or corporations, and yon will hereafter receive no filings upon any such lands. ' <*This order you will carry into effect without delay.'*

It is found that, notwithstanding said act and the instructions given thereunder by said circular, numerous filings and entries of lands within the arid regions appear to have been permitted to be made subsequent to October 2, 1888, the date of the passage of the act. These entries and filings were made at the risk of the parties.

Under date of the 2d of April, 1890, the matter of the proper course of proceeding under said act was submitted by this office to the honorable Secretary of the Interior with a request for instructions therein. It appears that the subject was laid by the Secretary before the honorable Attorney-General for his opinion, who, under date of the 27th of May, 1890, gave au opinion, from which the following is an extract, viz :

''The object of the act is manifest. It was to prevent the entry upon and the set- tlement and sale of all that part of the arid region of the public lands of the United

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REPORT OF COMMISSIONER OP GENERAL LAND OFFICE. 77

States which could bo improved by general system of irrigatioD, and all lands which might be designated or selected by the United States surveys as sites for the reser- voirs, ditches, or canals in such systems. Unquestionably it would seriously inter- fere with the operation and purpose of the act if the sites necessary for reservoirs in such plan of irrigation could be entered upon by homestead settlers. So, too, it would be obviously unjust if pending the survey made with a view to their segrega- tion for improvement by irrigation, these lands should be entered upon and settled as arid lands of the United States. It was, therefore, the purpose of Congress by this act to suspend all rights of entry upon any lands which would come within the improving operation of the plans of irrigation to be reported by the Director of the Geological Survey under this act. Language could hardly be stronger than are the words of the act in exprcsstug this intention.

" * All the lands which may hereafter be designated or selected, etc., are from this time henceforth hereby reserved from sale, etc., and shall not be subject after the passage of this act to entry, etc., until further provided by law.'

*' There can be no question that if an entry was made upon land which was there- after designated in a United States survey as a site for a reservoir, or which was by such reservoir made susceptible of irrigation, the entry would be invalid, and the land so entered upon would remain the property of the United States, the reservation thereof dating back to the passage of this act.

"The far-reaching effect of this construction can not deprive the words of the act of their ordinary and necessary meaning. The proviso that the President at any time in his discretion, by proclamation, may open any portion or all of the lands so reserved was the legislative mode of modifying and avoiding the far-reaching effect of the act, whenever it should appear to the Executive to have too wide an opera- tion. Entries should not be permitted, therefore, upon any part of the arid regions which might possibly come within the operation of this act.' "

These proceedings having consumed some time, I am now in receipt of the Secre- tary's letter of the 4th instant, in which, after alluding to previous correspondence and the opinion of the Attorney-General from which an extract is above quoted, he directs that this office shall proceed to carry the law " into effect, according to the terms and instructions already existing from the Secretary," referring to the instruc- tions contained in circular of August 5, 1889, above given.

I have to call your special and particular attention to the foregoing order from the head of the Department, and to direct in reference to the subject matter that you pro- ceed strictly in accordance therewith. Althotigh, in any case, there be at the time no designation of the land involved therein as a selection for a site or sites for reser- voirs, ditches, or canals for irrigation purposes, or as land thereby made susceptible of irrigation, that fact is not to be considered as showing that the land is open to entry, as although not yet so selected, it may be liable to such selection under said act, which is held to withdraw all lands so liable from disposal.

You, will, therefore, permit no entry or filing of any lands lying within the arid regions that may be included in your land district, on any condition whatever, but will promptly reject any application that may be made for such an entry or filing, with the usual right of appeal. You will take any necessary action to ascertain the proper limits of the arid regions, and whether any lands in your districts are included therein, and if you have any doubt thereof, you may submit the question to this office for specific instructions. *

Any entries or filings of lands within the arid regions which may have already been allowed, subsequent to the passage of the act of October 2, 1888, and reported to this office, ^ill be taken up and acted upon according to the principles indicated herein, as soon as practicable, in the course of official business. Very respectfully,

Lewis A. Groff,

Commissioner.

Registers and Receivers,

United States Land Offices,

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Google

78 REPORT OF COMMFSSIONER OF GENERAL LAND OFFICE.

Since the foregoing statement was prepared Congress has intervened by its act approved August 30, 1890, repealing so much of the act of October 2, 1888, as withdraws the land in the arid region from entry, occupation, and settlement, with certain exceptions and qualifications, and in view thereof a circular of the 5th September, 1890, was issued by this office under direction of the Secretary of the Interior, a c6py of which is given as follows, viz:

Department of the Interior, General Land Office,

Waahington, D. C, September 5, 1890.

Gentlemen: I am directed by the honorable Secretary of the Interior, by letter of September 4 L'590, to call your attention to the attached copy of that portion of the act of Congress approved August 30, Ib90, which repeals so much of the act of Octo- ber 2, 1888 (25 Stat., 526), as withdraws the lands in the arid region of the United . States from entry, occupation, and settlement, with the exception that reservoir sites heretofore located or selected shall remain segregated and reserved from entry or set- tlement until otherwise provided by law, and reservoir sites hereafter located or selected on public lands shall in like manner be reserved from the date of the loca- tion or selection.* The circulars of this office of August 5, 1889, and August 9, 1890, are hereby rescinded.

Entries validated by this act will be acted upon in regular order, and all patents issued on entries made subsequent to this act and on entries so validated, west of the one hundredth meridian, will contain a clause reserving the right of way for ditches and canals constructed by authority of the United States.

Your particular attention is called to that portion of the law which restricts the acquirement of title under the land laws to 320 acres in the aggregate.

You will require from all applicants to file or enter under any of the land laws of the United States, an affidavit showing that since August 30, 1890, they had not filed upon or entered, under said laws, a quantity of land which would make, with the tracts applied for, more than 320 acres. Or, provided the party should claim by virtue of the exception as to settlers prior to the act of August 30, 1890, you will re- quire an affidavit establishing the fact.

As soon as practicable a blank form of affidavit wiJl be furnished you. Very i-espectfiiUy,

Lewis A. Groff,

Registers and Receivers. ' Commissioner,

United States Land Offices.

* For topographic surveys iu various portions of the United States, three hundred and twenty tive thousand dollars, one-half of which sum shall be expended west of the ouehmulredtli meridian; and ho iiiucb of the act of October second, eighteen hun- dred and eighty-eight, entitled ^*Au act making appropriations (or saudry civil ex- penses of the Government for the fiscal year ending June thirtieth, eighteen hundred and eighty-nine, aud for other purposes," as provides for the withdrawal of the pub- lic lands from entry, occupation, and settlement, is hereby repealed, and all entries made or claims initiated m good faith and valid but for said act, shall be recognized and may be perfected in the same manner as if said law had not been enacted, except that reservoir sites heretofore located or selected shall remain segregated and reserved from entry or settlement, as provided by said act, until otherwise provided by law, and reservoir sites hereafter located or selected on public lands shall in like manner be reserved from the date of the location or selection thereof.

No person who shall, after the passage of this act, enter upon any of the public lands with a view to occupation, entry, or settlement under any of the land laws, shall be permitted to acquire title to more than three hundred and twenty aeres in the aggregate under all of said laws ; but this limitation shall not operate to curtail the rignt of any person who has heretofore made entry or settlement on the public lands, or whose occupation, entry, or settlement, is validated by this act : Provided^ That in all patents for lands hereafter taken up under any of the land laws of the United States, or on entries or claims validated by this act, west of the one hundredth meridian, it shall be expreseed that there is reserved from the lands in said patent described, A right of way theroon for ditches or canals constructed by the authority of the United States.

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REPORT OF COMMISSIONER OF GENERAL LAND OFFICE. 79

PROTECTION AND DISPOSAL OF THE PUBLIC LANDS.

The heariugs and important labor performed during the year by the special service division and its agents in the field are shown in detail in Appendix P.

FRAUDULENT LAND ENTRIES.

In the investigation of fraudulent land entries and otherwise in the important duty of protecting the public lands from illegal appropria- tion during the year sixty-one agents were employed ; their aggregate length of service was four hundred and nineteen months and eighteen days, being equivalent to the employment of thirty-four agents for the entire year and one agent tor eleven months and eighteen days.

The number of reports received from special agents and acted on are as follows :

PendlDg June 30, 1889 273

Received daring the year 2,027

Totol 2,300

Acted on daring year 1,785

Leaving pending Jane 30, 1890 515

To special agents, during the year, were referred 2,684 cases for inves- tigation, 243 hearings wereorderj^, 437 cases were held for cancellation, 638 were canceled, and 1,909 were examined and passed. Final action was taken in 5,938 cases, and 7,025 cases of all descriptions in the dif- ferent States shown in the following table were pending June 30, 1890.

Awaiting action are 482 records of hearings and 448 registers' and receivers' reports and miscellaneous letters. During the year there were received 16 reports of unlawful inclosures of {Public land, involv- ing, as far as ascertained, 115,455 acres. In 8 cases suits were recom- mended, and in 8 cases the fences are reported as having been removed.

Cases pending

in Dimsion P June 30,

1890.

1

1

1

1 3

8

60

18

862

21 56

1

" 1 83 ! 4

1

20

10

16

173

11 5 3

11

68 14 14 4

1 I

1 4 5 ....

1

42 190

7

4 1

1

1

28 39 40

14

21

?a

215

76 165 491

8 17

n

Final homestAAds

2 '28

1 15

1

2 2

6 ....

31 ....

s

1

CommntMl homesteadB

Pre-emption— cash

Pre-emption declaratory state- 1

menu

Tlml)er*oaltare entriee

19

6 17

8

....

Final timber-oultare en tries ........

1

Timhftr and utone landa - -

1.566 31 16

7

Beeert lands ,

25

U

'25'

50 24

Finftl HA«Art; land

I

....i ---

Private cash

1

23 22 17

1

[

1

....

1

Mineral land | ....

Coa^l lapd - r- , « T

"" 1

Coalland declaratory statements . . - <-

. .

1

Total '

121

100

«

2,671

583

61 125 < 2

235

80

33

211

1?

1

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80 EEPORT OF COMMISSIONER OF GENERAL LAND OFFICE. Cases pending in Division P June 30, 1890.

I'l

1 I'l

i P

82 19 20 1AA

28 10

1 68

7 26

i 11

loo

IS

267

4 14 2

3

14

86

1

i

1

7

1

Homesteads

3 14 18 i 6 2

1 16'.... 8 .... 10

77 189

JU

TT«

0 6

90 K

11 AA7

Commuted homesteads

8 84

.....

458

Pre-emptlon-^Kjash

, 14

42 :::i884

6 , 87 U

2 ' 4 1

6 1 ....

2.177 115

ments

4 L...I 21 1

Timber-col tn re entries

1

16 ....

!.--.

40 1 24

240

Final timber-onltnre entries .......

e

Timber and stone lands

!"■

58

4M

2,100

Desert lands

25 ;

1

45

16

'I

22

8

16

Final desert land

11 1

12

"i ''

160 IM

Private cash

88

MinerHlland

6 .

.....| ........

2 15

47

Coal land

:::. v

,

«!■-

70

Coal land— declaratory statements .

1 !...

1

61

TV

i 1

Total

16 75

108 1

773 200

207

896

117 680 1 20

m

7,025

TIMBER TRESPASS.

In the protection of the public timber lands daring the year fifty- five timber agents were employed, aggregating a length of service of three hundred and fifty-one months and fourteen days, which was equiv- alent to the employment of twenty-nine agents for one year and one for three mouths and fourteen days«

Special agents during the year reported three hundred and ten cases of timber trespass, involving public timber and the products therefrom valued at $3,(»67,151.66. The following is a statement of the sums re- covered during the fiscal year by the Government from suits for timber trespass :

Accepted nnder propositions of settlement |12, 692. 42

On settlements accept«d dnring previons years 275.00

Sales of timber and lumber 4,552.40 -

Recovered through legal proceedings* 83,420.50

$100,940.32

In addition to the above, there were pending on July 1, 1890, as far as reported, two hundred and eighty-two civil suits for the recovery of $14,794,286.55 for timber reported having been unlawfully cut from the public lands, and three hundred and six criminal prosecutions for violations of the timber laws.

THE FOBESTS OP TDE PUBLIC DOMAIN.

A careful examination has been recently made of the annual reports of this office covering the years from July 1, 1881, to June 30, 1889, in- clusive, for the purpose of ascertaining what has been accomplished

*The reports of tbe United States attorneys for a majority of the districts had not been reeeived at date of this report.

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REPOBT OF COMMISSIONER OP GENERAL LAND OFFICE. 81

daring that time, throagh legal proceedings, in the way of enforcing the laws for the protection of public timber. The resalt of that exami- nation is conclusive npon two points :

First. That the most valuable timber on the public lands is being rapidly exhausted.

Second. That the several laws relating to public timber now in force are utterly inadequate to properly protect either the public forests from unlawful appropriation or the interests of the settlers engaged in de- veloping the country, to whom the use, to a certain extent, of public timber is essential.

It has been demonstrated in years past that the spoliation of the public timber lands is not altogether the work of lawless depredators who appropriate public timber in .defiance of law, but great areas are yearly swept for purposes of speculation under cover of the several acts granting the use of public timber to aid in the construction of railroads, and of the act of June 3, 1878 (20 Stat., 88), in the interests of residents in mineral districts. Experience has shown that these acts, while un- doubtedly fostering important interests and enterprises in certain direc- tions, have unintentionally, of course, opened a door to unlicensed waste and destruction of the public timber.

Besides what has been written in Government reports, and spoken in the debates in Congress, the subject of forestry and the protection of the forests of the Government has been widely discussed in the periodi- cals of the country, and the theories advanced have been many and conflicting.

It has been advanced by some writers that all the public timber lands of the country should be withdrawn at once from entry, and the Army assigned to the duty of guarding and protecting them, and- that this being done,) then under Congressional authority a commission should be appointed by the President to investigate the whole subject thor- oughly in all its relations to the prevention of conflagrations, the water supply, floods, and the various interests of the i>eople, and make report to Congress as the basis of proper legislation.

Upon the wisdom of appointing such a commission I have now nothing to say. My duty has been to make reports- on the subject in connection with proposed legislation by Congress, and therein my views have been expressed. They are, in brief, that a law should be enacted repealing statutes found to be objectionable or inoperative, inhibiting from entry the rugged, stony, or other timber lands not arable and along the mountain sides and at the sources of water supply, except under the mining laws, or by such form of necessary ap- propriation, by miners and settlers, in such regions, as that allowed by the town-site laws, allowing the free use of timber by those settling up the country to the extent only of their actual needs, and inviting con- current action of State and Territorial legislatures looking to the pro- tection of^ the timber generally from waste and destruction, or from 9406 L o 6

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Si REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

being removed or monopolized for purely specalative ends. This coarsOi it seems to me, would be more in accordance with the necessities of a growing country than to pursue a severely restrictive policy, depending principally, perhaps, upon the Army, scattered far and wide, to act as a constabulary force, and appealing, as it would, to the sentiments of all good and patriotic citizens, interested, as such citizens are, in the welfare of their particular neighborhoods, and having pride in their respective Commonwealths, as well as their common country, be better calculated to lead to concurrent legislation by the State and Territorial law-makers for the protection and husbanding of the timber and enforcement of the legal provi^sions adopted to that end.

The precise condition of the matter and my views more in detail, are given in the following report to you on Senate bill 1394, made on the 10th of March last;

I have the honor to acknowledge the receipt, by reference from the Department, for report in dapUcate and return of papers, of a oommanication from Hon. P.B. Plumb, chairman of Committee on Public Lands of the United States Senate, trantimitting Senate bill 1394 ** Authorizing the citizens of Colorado, North Dakota, South Dakota, Montana, Nevada, and the Territories, to fell andromove timber on the public domain for mining and domesiie purposes," and requesting the views of the Department thereon.

I have carefuUy considered the provisions of the proposed bill ; and while it is in some respects an improvement on the several laws relating to the public timber now in force, yet it falls far short of accomplishing the results that are required to meet the demands of the people and provide for the public interests. I can not, therefore, recommend its adoption.

The bill grants specific privileges as to the use of the public timber in certain named States and Territories, by citizens thereof, which are not granted to the citizens in other States, but which are specifically denied to such citizens by laws of the United States now upon our statute books.

This, in my opinion, is an unjust discrimination.

To make this fact clearly understoed, I respectfully call attention to the provis- ions of the proposed bill, and the provisions of other laws now in force on the same subject. The proposed bill applies specifically, and by name, to the States of Colo- rado, North Dakota, South Dakota, Montana, and Nevada, and to the Territories of New Mexico, Arizona, Utah, Wyoming, and Idaho ; and grants to citizens of the United States, who are bona fide residents in either of said States or Territories, the privilege of procuring from public mineral lands such timber as they may require for peiHoual UHe, or as they may desire to manufacture into " lumber or fuel for sale for naiuiug, quartz- milling, building, agricultural or other domestic purposes."

It further provi<lo8 that a bona fide settler upon the public lands, ''or a mine ope- rator or manufactoror " or any other citizen of the United States who is a bona fide resident of any of the States or Territories named, shall have the privilege of procnr- in^ from any other public land in the State or Territory of which he is a resident, any timber, fuel, and fence material, free of cost, for his own use, or for sale upon the payment of a certain license fee and rate per acre for the land from which the timber is felled and removed.

The privilege8 granted by this proposed act to the citizens of the States and Terri- tories named therein are not ji^i'anted to the citizens of any other State.

The act of June 3, 1878 (20 Stat., 89), applies specifically and by name to the States of California, Oregon, and Nevada, and Washington Territory (now State); and section 4 thereof prohibits citizens of the United States and bona fide residents

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REPORT OF COMMISSIONER OF GENERAL LAND OFFICE. 83

in either of the States or the Territory named, from catting or removing tjlmber from any of the public lands therein '^ with intent to export or dispose of the saLDe."

Section 2461, United States Revised Statutes, the only law applicable to ttie States and Territories not named in either of the acts referred to, prohibits the .citizens thereof from procuring timber from any public lands, with intent to export, dispose of, use, or employ the same in any manner whatsoever other than for the use of the Navy of the United States.

The great injustice and hardship imposed by this law can not be too forcibly urged upon the attention of Congress.

At the first glance section 2461' appears to apply, or to have been intended to apply only to Navy reserved lands; but a careful reading will show tliat it applies to all public lands, and that its provisions are the most stringent and restrictive that could possibly have been enacted.

After prohibiting the cutting of timber on reserved lands it provides as follows: '* or if any person shall cut, or cause or procure to be out, or aid or assist or be em- ployed in cutting any live-oak or red cedar trees, or other timber on^ or shall remove, or cause or procure to be removed, or aid or assist, or be employed in removing any live-oak or red cedar trees or other timber^ from any other lands of the United States, acquired, or hereafter to be acquired with intent to export, dispose of, iMe, or employ the same in any manner whatsoever, other than for the use of the Navy of the United States,'' he shall be fined and imprisoned.

The italicising is my own for the purpose of calling your special attention to the application and stringency of the law.

In nearly every public-land State and Territory, poor, hard-working laboring men, who have been compelled to cut timber t>o procure the means of a bare subsistence for themselves and families, have been arrested, convicted, fined, and imprisoned for catting and removing timber from vacant, unappropriated, and unreserved non- mineral public land in violation of section 2461, U. S. Revised Statutes.

It is true that iu some localities the sympathies of the people are so strong and in other localities the timber is an article of such pablio necessity, that it is impossible to convict a man for violation of said section, even if caught in the very act and the proof is overwhelming ; so that to eome minds the retention of that law upon oar statutes is deemed quite immaterial. But in other sections of our country I am sat- isfied that men have been convicted upon information filed under this same law in a spirit of revenge or in spite ; and in other sections that it has been used as a political factor, and citizens have been convicted thereander for the sole purpose of disfran- chising them.

The effect of the proposed law if enacted and approved, iu conjunction with the laws now on our statute-books, would be as follows :

Citizens of Colorado, North Dakota, South Dakota, Montana, Nevada, New Mexico, Arizona, Utah, Wyoming, and Idaho would have the privilege of procuring timber from public lands for personal domestic use without cost, and for manufacture and sale upon payment of a license fee and rate per acre of the ground eut npon.

Citizens of California, Oregon, and Washington, who are miners or agrioulturists, would have the privilege of procuring timber from public lands to improve their claims or support their improvements, but would be prohibited from selling or dis- posing of same. Citizens who are not miners or agriculturists would have no author- ity to procure timber from public lands for any purpose.

Citizens of Alabama, Florida, Kansas, Nebraska, Minnesota, Wisconsin, and the other public-land States not hereinbefore named, would have no right or privilege to pro- oare timber from the public lands /or any purpose whatever, either for personal ase or for sale.

If it is proposed to legislate for the exclusive benefit of the mining interests and mineral districts of the United States, the States of California, Oregon, and Washing- ton should be named in the bill in addition to those now named therein, as large por- tions of those States also contain valuable and remnnerative mines.

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84 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

I am, howeyer, anable to see any good reason wby a citizen of the United States who is engaged in thejemanerative business of extracting the ores from the earth shonld bor accorded any greater privilege than is granted to a citizen who is engaged in the i/n remunerative business of extracting other properties therefrom in the rais- ing of grain and other life-giving products. There can be no good reason why the mining industry of our country, in which thousands of men have acquired fortunes, should be fostered and encouraged by the Government to any greater extent than the farming industry, in which the citizens engaged, with but few exceptions, acquire only a precarious livelihood. To the contrary, it seems to me the interests of the farmer are paramount, and should receive first consfderation.

Section 1 of the bill under consideration, which authorizes the indiscriminate fell- ing and removing of timber from strictly mineral lands, is, in my opinion, prejudicial to the public good. Mineral principally exists in the mountainous regions, the head, waters of the streams and rivers which irrigate the valleys below. To insure the gradual melting of the snow and ice which accumulate in the mountains in the win- ter months, and secure the valleys from the inundations which must result from the sudden melting of the suow and ice, nature has provided the trees and undergrowth of the steep mountain-sides as a protection against the fierce sun's rays. The inun- dations and floods which year after year devastate portions of our country are the inevitable resnlt of the destruction of this natural protection. The bill nnder con. sideration appears to be intended for a re-enactment and enlargement of the provis- ions of the act of June 3, 1878 (20 Stat., 88), which authorizes the indiscriminate de- struction of timber upon mineral or mountainous lands, which the welfare and best nterests of the whole country demand should be protected ; and section 2461, U. S. Revised Statutes, rigidly protects the timber growing ijpon non- mineral or agricult- ural lands, where such protection is not so necessary. The timber growing in such localities is not required to graduate the melting of the snow and ice, and it has to be removed anyway before the ground can be prepared for the cultivation of crops.

The payment of a license-fee and stumpage at a certain rate per acre for the priv- ilege of felling and removing the timber from the public lands, as provided for in the proposed bill, should not, in my opinion, be required of any citizen of the United States. j

The Government is not a corporation nor individual owning the public lands. It merely holds them in trust; and, like the trustees of an estar^e, it should permit such use of the proceeds thereof by the persons in whose interest it is acting as will enable them to subsist and maintain themselves.

Timber and its products are an absolute public necessity. In many sections of onr country the timber upon the public lands is the only available source of supply, and to prohibit its legitimate and judicious use in such sections for buildings, manufact- uring purposes, or for developing the natural resources of the country is to deprive our citizens of the use of their heritage and retard settlement.

We have laws upon our statute-books for the encouragement of settlement upon the public lands by citizens who desire to acquire homes; yet we also have a law upon our statute-books (Section 2461, U. S. Rev. Stat.) which prohibits them, if rigidly and strictly enforced, from making use of the one great necessity in perfecting f\nch homes.

My principal objections to the bill under consideration are: It does not go far enough ; it proposes legislation as to public timber for only a small portion ot onr country, whereas it is demanded for our whole country; it authorizes the cutting of timber from lands which the public good requires should be protected ; and it requires payment for an article of public necessity. I am heartily in favor of the enactment of a general law relative to the public timber which will absolutely prohibit it or its products from exportation from our shores ; which will protect and preserve the trees and undergrowth in localities where it is necessary to insure a proper and equable water-supply and prevent or check the inundations and floods which so frequently devastate portions of onr country, and at the same time permit the free, legitimate,

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REPORT OF COMMISSIONER OF GENERAL LAND OFFICE. 85

and jndicioas nse of public timber in other localities for all purposes required in building up and settling our common country and developing its natural resources.

It is useless to enact laws to prohibit the use of an article of absolute necessity , upon a judicious nse of which the growth and prosperity of our country largely de- pend. If the exportation of timber, and the destruction of trees and undergrowth upon the mountain slopes can be preyented, and other public timber left free and open to all subject to proper restriction, there will, in my opinion, be far less destruc- tion and waste than is now going on through unlawful appropriation and forest fires. Competition will reduce the price of lumber and thus benefit our whole people, and no more timber will be cut than is required, as there will be no market or demand for it

The laws now in force are discriminating and unjust. Under them the owner of a mine in Arizona, from which he may be receiving an income of |100 a day, can pro- cure all of the timber necessary in developing and operating said mine from the pub- lic mineral lands without cost except for the felling and removing, while the owner of a farm in Minnesota, upon whose labors we are depending for our daily bread, can not procure a stick of timber from any public land ^' with intent to use or employ the same in any manner whatsoever" not even to build a fire with which to keep the warmth of life in his body if he be freezing— without violating the law.

The necessity for a general law to remedy this evil can not be too strongly urged upon Congress.

I respectfully suggest that it should contain provisions against

The exportation of public timber or its products from the United States ;

The felling or removing of any timber from any reserved lands of the United States and from mountainous regions and other woodlands at or in the vicinity of the head- waters or sources of prominent streams and rivers, which for climatic, economic, or public reasons should be held permanenily as forest reserves, exception being made in favor of individual settlers or locators of mines in such localities for personal ne- cessities and for use in developing the natural resources, and then only upon written authority of the Secretary of the Interior.

Bona fide settlers upon the public lands, surveyed or unsurveyed, who are complying with the laws and the rules and regulations of this office relative thereto, should be fully protected in their rights and from any cutting or removing of timber from their claims by others without their consent.

Locators or miners, settlers upon the public lands, and all other citizens of the United States, bona fide residents of either of the States or Territories, should be au- thorized to fell and remove from any vacant, unoccupied, and unreserved public lands, mineral or non-mineral, surveyed or unsurveyed, so much timber as may be actually required for their individual use or necessities, but not for sale or disposal: Provided^ That no growing trees less than S inches in diameter shall be felled or re- moved ; that all of each tree cut that can be made use of shall be ptilized, and that the tops and lops shall be piled up or disposed of so as to prevent th^ spread of forest fires.

Provision should be made for a legitimate procuring of timber from the public lauds by mill-men and lumber manufacturers, for sale, to the extent necessary to supply the community in the location in which they operate, with the lumber and other timber products needed in the settlement thereof, to encourage its growth and prosperity, and to develop its natural resources. This can probably best be provided for by prohibiting the felling and removing of timber from the public lands for sale or for purposes of manufacturing into timber products for sale or disposal, except in accordance with rules and regulations prescribed by the local legislatures of the several States and Territories not in confiict with the laws of the United States.

Legislation of a similar character (Sees. 2319, 2324, and 2338, U. S. R. S.) has been enacted relative to mineral lands, and I can see no good reason why the same princi- ple can not be applied to timber lands. The inhabitants in each of the several States and Territories certainly have the highest interest in the prosperity thereof, And their

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86 REPORT OP COMMISSIONER OF GENERAL LAND OFFICE.

own welfare would require that they shoald confine the felling and removing of tim- ber within jadicioas boands. I suggest this matter to your consideration for the reason that the resources and requirements of the widely separated sections of onr country are so varied that it would be extremely difficult to enact a general law relative to the procurement of public timber for purposes of sale which would apply with equal force and justice to each State and Ten-itory.

FOREST FIRES.

Probably the most serious cause of the destruction of the public timber is fire. Especially is this the case in the mountainous country in the arid regions of the far West, and in some of the other portions of the west, where conflagrations yearly sweep through vast areas, destroying some of the finest forests in the world.

Since in nearly every instance these tires arise from carelessness, if not willful neglect to take the most ordinary precautions to prevent them^ legislation looking to their prevention is urgently needed and such leg- islation has been recommended to Congress.

FRAUDULENT TIMBER AND STONE LAND ENTRIES.

I have recommended, as will be observe<l abovie, that the policy of selling the lands chiefly valuable for timber and stone be abandoned. The act of June 3, 1878, providing for the sale of such lauds in Cali- fornia, Oregon, Nevada, and Washington should be repealed. I have found, as have my predecessors, that while it provides for entries of no more than 160 acres in all, for the sole use and benefit of the entryman or association of persons, it has been made the vehicle of speculative and fraudulent appropriation from the beginning, through perjury and subornation of perjury, in the interest of domestic and foreign syndi- cates and speculators, and has caused the destruction of the forests where most needed to husband the water supply and prevent floods.

I will not enlarge on this matter here, having indicated above the general policy which, in my opinion, should prevail.

EespectfuUy submitted.

Lewis A. Groff,

Commissioner.

Hon. John W. Noble,

Secretary of the Interior.

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DETAILED STATEMENT

/

OF THE

BUSINESS OF THE GENERAL LAND OFFICE

BY DIVISIONS AND IN SURVEYING DISTRICTS

FOR THK r

FISCAL YEAR BIDDING JUNE 30, 1890.

87

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DETAILED STATEMENT.

I A detailed statemeDt of the work performed in the General Land Office and surveying districts daring the year is given under the follow- ing heads:

1. B. Becorder's division.

2. C. Public lands division.

3. D. Private land claims division.

4. B. Surveying division.

5. F. Bailroad division.

6. G. Preemption division.

7. H. Contest division.

8. K. Swamp-laud division.

9. L. Draughting division.

10. M. Accounts division.

11. N. Mineral division.

12. P. Special service division.

13. Eeport of sai'veyor-general of Arizona.

14. Eeport of surveyor-general of California.

15. Report of surveyor-general of Colorado.

16. Report of surveyor- general of Dakota.

17. Report of surveyor-general of Florida.

18. Report of surveyor-general of Idaho.

19. Report of surveyor general of Louisiana.

20. Report of surveyor- general of Minnesota.

21. Report of surveyor- general of Montana.

22. Report of surveyor-general of Nevada.

23. Report of surveyor- general of New Mexico.

24. Report of surveyor- general of Oregon.

25. Report of surveyor-gen**ral of Utah.

26i Report of surveyor-general of Washington. 27. Report of surveyor-general of Wyoming.

80

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B.— RECORDER.

Work performed in division B during the fiscal year ending June 30, 1890.

Letters pending Jaly 1, 1889 115

Letters received 21,242

Letters answered 11,055

Letters reqairing no answer '. 9,021

Letters referred 1,099

Letters pending June 30, 1890 , 182

Letters written 18.152

Pages of record covered by letters written 6,271

Circulars sent out 4,151

Copies furnished from patent records 3,859

Attorneys' cards received and answered 10, 141

Agricultural Patents.

Cases for patents .pending Jnly 1, 1889 4,551

Cases received 1... . 118,936

Cases patented as follows :

Cash patents 77,346

Homestead patents 36,928

Timber culture patents 2,266

Military patents 396

Surveyor-general's scrip patents 115

Supreme Court scrip patents 87

Agricultural-college scrip patents 20

Sioux half-breed scrip patents 13

Valentine scrip patents 6

Miscellaneous scrip patents - 70

Total 117,247

Cases approved and awaiting patent June 30, 1890 6, 240

Patents transmit ted 111,860

BBVOLUTIONABY BOUNTY LAND SCBIP.

[Acts of August 31, 1852, and June 22, 1860, founded on Virginia military land war- rants granted for services in the war of the Bevolntion.]

Four claims of this description for 1,488|^ acres have been satisfied by the issue of scrip. The number of such claims now pending is 313, aggregating 102,4(^yg- acres.

The commutation into scrip of these Virginia military land warranto is necessarily of slow progress, occasioned both by the lapse of time since the same were allowed and issued and by the subsequent changes of title by death or other causes, as well as the requisite care and cau- tion necessary to be exercised in their examination and the reports on the same.

These warrants were mainly issued to citizens of Virginia and other Southern States, many of whom either lost, their lives during the rebel- lion of 1861-^65, or were dispersed and scattered by the results of the war, so as to render it a matter of very great difficulty for present claim- ants to establish satisfactorily the '^ present proprietorship."

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92

REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

There are oo perfected casen peuding, bat quite a uamber awaiting the removal of small defects at present existing therein, whereupon the same will be reported for final adjudication.

WAR OF 1812 WARRAIVTS. [Aotof July 27, 1842.]

One hundred and sixteen warrants of this class were issued for 19,040 acres which appear to be still outstanding.

POBTERFIBLD WARRANTS.

[Actof AprilU, 1860.J

Two warrants of 40 acres each have been patented during the past year. The original number of warrautn issued under this act, and aggre- gating 6,133 acres, was subdivided into one hundred and fifty-three warrants.

There appears to be still outstanding and unsatisfied thirty-six war- rants of this class, each calling for 40 acres.

Condition of bounty-land huHnest under acts of 1847, 1H50, 1852, and 1855, showing ih€ issues and locations from the oommenoement of operations under said aots to June 30, 1890.

Grade of warrantB.

Namber issued.

80,680

Acres em- braced thereby.

12 QO« AOO

Number located.

70, 105 7,082

Acres em- brnced thereby.

12. 656, 800 283. 280

Number

oat- standing.

Acres em- braced thereby.

Aotof 1847:

160aore8

1,575 501

252,000

40 acres

7, 583 ' 303,' 820

20,040

Total

88, 263 13, 212. 120

80,187 ' 19. 040. 080

2,076

272,040

' '

Act of 1860:

160 acres

27,443 4,390,880 57,714 4,617.120 103, 076 ; 4, 159, 040

26,868 56,340 100, 760

4, 208, 880 4, 507, 920 4, 030, 760

575 1,365 3,207

02,000

80 acres

100, 200

40 acres

128,280

Total

189,133 ! 13,167,040

183,986

12.837,560

5,147

320,480

Act of 18^2 :

160 acres

1.222 i 196,620 1 699 1 13fi fi20

1,194

101.040

28 33

186

4,480 2^640

80 acres

1, 666 : 133, 280 8,884 366,300

40 acres

9,070

362,800

7,440

Total

11,991

604,240

11 744 A7fl A80

247

14,560

IT Koa 190

Actof 1855:

160aorea

116.102

07, 031

6

40.463

350

541

6

18,430,720

11,643,720

600

8, 057, 040

21.540

21,640

50

100 057

6.235 6.161

76 2

887.600

739,320

100

120acre8

00!870 16! 904,' 400

5 500

48,181 ' 3.854,4M>

315 , 18, 900

466 , 18,640

3 30

100 acres

89 acres

102,660 2.640

60 acres

40 acres

3,000 90

10 acres

Total

262,597

34,075,310

249,797 \ 32,300,070

12,800

1,686,240

SUMMARY

loc'iJid. A--S.

86, 187 12, 940, 080 1^3,986 12.837,f.60

11,744 679.780 240, 707 32, 300, 070

Outstand- ing.

2, 076

5,147

247

12,800

Grade of warrants.

No. issaed.

Acres.

13 919 19ii

Acres.

Act 1847

88,263

272,040

329.480

14.660

Act 1850

189,133 ii; 167; 040

11,991 1 694,240

262,507 34,075.310

Act 1862

Act 1855

1,685,240

Total

551,984

61,148,710

531,714 1 58,847,400

20,270

2.801,820

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RECORDEB'8 DIVISION.

9a

The following is a statement of the nuii]t>er of acres represented by military bonnty land-warrants located in the several land States and Territories for the year ending Jane 30, 1890, or not heretofore re- ported, which warrants were issued under the acts of 1847, 1850, 1852, and 1855. The aggregate number of acres is computed at the rate of $iJ25 per acre. It does not show the exact area of the lands located with the warrants :

StAtee and Territories.

Arfxona... Arkansaa . CalifomU. Colorado.. Florida...

Idaho

KanaAs ... Loniaiana. Michigan . Minneaota

Aores. !

40 ;

80 ' 6,480 I 1,820 ,

leo I

80 I 920 I 44U 2,520 I 120 .

State* and Territories.

Miaaonri

Montana ..... Nebraska New Mexico. North Dakota

Orefcon

South Dakoto. Washington . .

Total...

Acres.

400^

180

4,00*^

520

680

1,440

4,080

. 600

24,040

. SUMMARY.

Benomination of warrants.

40 acres. 80 acres.

120 acres.

160 aores.

Total.

Act of 1847

8

1

1,280*

1,160

120

Act of 1850

is 1 0

1 ' I

18

Act of 1852

Act of 1855

25

100

31,480

Total

24,040

i

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C— PUBLIC LANPS DIVISION.

In this divisiou are posted, iu tract-books specially prepared for tbat purpose, all the entries, filings, selections, grants, reservations and resto- rations of public lands, as well as the cancellation of any entries by relin- quishment or by the action of this office. It also devolves upon this divis- ion to examine the greater portion of the entries made, with regard to the regularity and smfficiency of the papers 5 as to whether the land is subject to entry, and where proof is required, as to the sufficiency of the proof; to approve for patent the final entries found satisfactory, and conduct the correspondence with the local officers looking to the perfection of entries found defective in the proof submitted, in some of the papers, or in the qualifications of the entry man; to transcribe into tract-books for any new land-office districts which may be established, all the entries^ filings, etc., upon lands included in such districts; to correspond with individuals relative to their claims to public lands, or in regard to the land laws, rules, and regulations.

, In addition, there is a great deal of miscellaneous businej^s, such as the work necessary for disposing of abandoned military reservations under the act of July 5, 1884 (23 Stats., 103), and other acts, the adjudi- cation of soldiers' additional entries under section 2306, Revised Stat- utes, and reports to the Secretary of the Interior in regard to Congres- sional action affecting public lands.

The following statement shows the number of entries for which re- turns were received in this division during the fiscal year ending June 30,1890:

EntrieSf locatio»s, selecHonSy and filings, by oUuses, received far record during the year

ending June 30, 1890.

ENTRIES AND SELECTIONS.

Class of entry.

'Namberof entries.

FINAL BKTIUB8.

Final boraesteads

Coal cash

Com mated cash

Soldiers' adaitional homesteads.

Timber-cnltare

Desert-land

Indian homesteads

Timber and stone ...

Warrant and scrip locations

Private cash v

Graduation cash

Jnnel5, 1880

Indian cash

Pre-emption cash

Townsites

Mineral entries

Misoellaneoas

Total. 94

83, 475 287

0,826 386

2,689

1,669 64

4. 056 344

1,041

141

1,909

18.426

2

742

5,196

Number oi acres, ap- proxlmate.

4. 017, 000

45,760 1, 179, 120

30. 880 430, 240 531. 080

10, 240 648,960

55,040 166,560

22,560

305,440

2, 211, 120

320

14.840

623,530

80, 253 10, 296. 680

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PUBLIC LANDS.

95

EntrieSf locationSy aeleotiona, andfilingt, by otasaes, 6«o.— Continued. ENTRIES AND SELECTIONS— Continued.

Class of entry.

Nnmber of entries.

53,236 4,197 17,723

Nnmber of acres, ap- proximate.

Homesteads

OBIOINAL RNTBntS.

6,388,320

I>eAertland

1.843,040

Timbdr-oaltriiTf) ...... -- -- ---.

2,835,680

Total

75,166

10, 567, 040

BECAPITULATIOK BY TOTAUS.

Final entries . . . .

80,253 76,166

10, 295. 680

Original entries

10, 567, 040

A flroTAfriitA

165,409

20, 862, 720

In addition to the above, filings of different kinds have been received to the namber of 45,418 with an aggregate area of 5,450,160 acres.

The following table shows the number of entries pending, by classes, at the close of the fiscal year ending June 30, 1890:

FINAL ENTRIES.

H«»mes4eadB 20,010

Coal cash 124

Commntedcash 8,609

Soldiers' a<ldltional homesteads 760

Timber culture 2,857

Desert land 800

Indian homesteads 87

Tioiber and stone 4,080

Warrant and scrip locations 548

Private cash i 2,062

Graduation cash 6,096

June 16, 1880 362

Indian cash 846

Pre-emption cash 6,860

Iflneral entiles 222

Misoelianeous 928

Total 64,18

ORIGINAL ENTRIES.

Homesteads 206,989

Desert land 7,841

Timber culture ^.., 128,087

Total : 386,851

Work performed in the division during the fiscal year ending June 30, 1890.

Letters pending June 30, 18'^9 4,107

Letters received during the year 49, 014

Total 53,121

Letters disposed of :

By answer 15,943

By filing (no answer required) 23, 770

By reference to other divisions 9,593

Total disposed of 49,306

Balance pending June 30, 1890 3,815

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96 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

Letters and decisions written :C836

Secretary's decisions promulgated 286

Certified copies made 108

Fees for the same $272.37

Pages of type writing 2,354

Cancellation^ and relinquishmonts noted 33, 298

Entries and filings posted ^ 221, 950

Final entries examined and approved r>9, 733

Final entries examined and suspended 14, 205

Of which there have been amended and approved 6, 071

Pages of copying 5,720

Pages of recording 1, 843

Repayments noted 376

At the close of the fiscal year ending Jane 30, 1889, there were i>end- ing in this division 92,973 unexamined final entries, 4,107 letters, and 59,524 filings and entries which had not been posted in the tract-books. At the close of the fiscal year ending Jane 30, 1890, there were pending 64,184 anexamined final entries, 3,815 letters, and 40,791 filings and entries not posted, thus showing a decrease of the work daring the fis- cal year of'28,789 final entries, 292 letters, and 18,733 in the unposted filings and entries. It will also be observed that the receipts largely exceeded those of the fiscal year ending Jane 30, 1889.

Vacant lands in the public land States and Territories,

By circular of July 10, 1890, the district officers were directed to re- port approximately the qaantities of lands in the several counties and parishes in their districts not embraced in Indian or military reserva- tions remaining unappropriated by filing or entry. The records of this office are not kept by counties; bat inasmuch as many inquiries have been received as to the quantity of unappropriated lands remaining in particular counties, parishes, or localities, it was concluded to make a statement for this report by counties so far as reports from the district officers in such shape could be obtained, and to fnake the statement by land districts in other cases.

It has not been practicable for many reasons, such as the magnitude of the work involved, the manner of creating the boundaries of coun- ties and the frequent changes therein, and also the fact that a large part of the unsurveyed public domain lies within the limits of grants to railroads, to more than obtain approximate estimates ot the lands not covered by entries or filings ; but the statement will serve the pur- pose for which it is made, to wit, tp inform correspondents and the general public as to whether there is much, little, or any public land in the several public-land States and Territories and the land districts therein, and, in most instances, in particular counties or localities.

The statement, it is believed, shows an aggregate of vacant lands somewhat in excess of the exact quantity now subject to settlement or entry, for reasons which will appear by reference to certain of the foot- notes, but it is highly probable that this excess will be offset fully by restoration to the public domain through declarations by Congress of forfeitures of railroad grants, the opening of lands in the Indian Teiri- tory to entry, and abandonment and cancellation of the claims of set- tlers.

It must be borne in mind that quite a considerable portion of the vacant land is embraced in the heavily timbered regions of the Southern States, the lake region, and the Pacific coast, and the mountainous and arid regions of the far west, and that the portion of land cultivable without clearing or irrigation is comparatively small. It is a reason-

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PUBLIC LANDS.

97

able conclusioD, however, that vast bodies of arid lands will in time be reclaimed by irrigation as the resalt of the efforts of the government to coustract storage basins and ditches for the pnrppse, seconded, as nndoabtedly they will be, by private enterprise, and that, as a conse- quence, the rain areas of the West will be considerably enlarged.

In naming the land districts in the following statement, the names of the present offices are adopted as the names of the districts, for the reason that districts are thus named and known by the settlers, and be- cause it would be inconvenient to give the statutory names of the differ- ent districts created by Congress in addition to the names of the offices.

Statement hy States, Territorieej and land dUtHcta, and also by counties where practicable, of lands not granted or reserved and subject to settlement or entry,

ALABAMA.

Luid diAtriot.

County. Blount

Surveyed land.

Acres.

6,620

a 12. 280

5,800

6.460

2,520

4,480

M,800

57.000

4,520

5,040

45, 120

e 44, 040

68,860

6,660

10,260

!i,080

dl,700

67,920

111, 180

Unaurveyed land.

AertM.

Total area.

HnDtaville

Acres.

Cherokee

Colbert

Cullman

DeKalb

Etowah

Fayette

JackM>n

Lauderdale

Limestone

Lawrence

Lamar

Marion

Marshall

Madison

Morsan

St, Clair

Walker

Cherokee school land . .

406^040 /12,620

Total

y419.160

Hontgomery

Antauffa

^880

•0,480 «,200 2.080

87,820 5,640

19.880

51,r20

18,480

4,000

40

22,840 7.200

A2,040

5,120

4,040

280

80,120 A21,320

24.840

Bibb

Butler

Ballook

Barbour

Baldwin

Crenshaw

Conf ouh

Covington

Coffee

Clark

Choctaw

Coosa

Chilton

Chambers

Cleburne

Calhoun

Cherukee

Clay

Date

Elenore

Escambia

Favette

Geneva

a Total in Hontsville and Montgomery districta, 14,820 acres. b Total in Hnntsville and Montgomery districts, 23.120 acres, e Total in Huntaville and Montgomery districts, 44, 560 acres. d Total in Hontsville and Montgomery districts, 4,080 acres, a Total in Huntaville and Montgoniery districta, 20,6M0 aorea.

/These lands are sold for caah at private entry for the benefit of the Cherokee school ftod. g This total does not include land containing coal and iron contemplated to be offered at public sale by the act of March 3. 1 883. h See Huntoville district.

9405 L o-

Digitized by

Google

98

HEPOST OF COMMISSIONER OF GENERAL LAND OFFICE.

Statemmt hy StateSf Terriiorie$, and land dUMotSf tfto.— CoDtinned. ALABAMA-^ontinaed.

Luddlstriot.

Coanty.

Snrmed

XJnsurreyed land/

Total area.

MmitffomerT

Green

A<TM.

400

760

6,480

10, 920

80

aS'iO

23,280

80

Acrei.

Acres.

Hale

H< nry

Jefferson

Lee

I^amftr

MiiDode :

Macon

Mobtte

89,040 2,760 6,600 I 1.280

920 !

2,040

4,840|

760

a8,280 1

3,960,

12, 160 1

1,040 1

63, 280 !

Maren ffo. .............

Picket :::..::::::::

Pike

Perry

RoMf^U

Raudolph

Sumter

St Clair

Shelby

Talladega

TaAoalooaa

Washington

88.160

al2,760

1.620

Walker

Wilcox

Totia

685,900

ToM in Aliilmnift

1, 105, 000

ARIZONA.

Pr«aooti.

Total. Tnoaon

Total

Total in Arizona.

Apaohe. .

Gfia

Mohave.. Yavapai .

8,800.000

100,000

22,960

2,280.000

^6,202.960

Apache . . . Coohise...

Gila

Graham .. Maricopa .

Pima

Pinal

Yama

13,440 1, 374, 240 50,780 758,870 792.400 1, 800, 000 862,494 628,422

b 1, 183. 120 60,000

€6,151,600 /15, 092, 000

22.428,720

27,760

2, 524, 820

410,020

2,230,862

3,690,900

5. 780. 646

2,220.406 4,184,378!

€4.933,120 d 150, 000 6, 174, 580

17,372,000

28.629,700

^41.200 8,898,660 A 460, 800 2,989.782 i4, 483, 300 1,300,000 8,082,960 4,812,800

15,288,706

11,983,626

37,716,426

21,060,352

49.099,(

a Bee HnntsvUle district

6Snl]t)«o<^ to entry and the railroad srant.

e Total in Apaohe ooonty in Prescott and Tacson difitriots. 4,974,320 acres.

d Total in Gila county in Prescott and Tucson districts, 610,800 acres.

sThe nnsnryeved lands in Mohave couDty are either subject to settlement or to the railroad grant less the Hualpal Indian reserve, area of which is unknown.

/The unsurveyed lands in Yavapai county are subject either to settlement or the railroad grant

^ The district officers state that 466.880 acres are embraced in entries, but whether this quantity shonld be dednoted from the aggregate of surveyed lands reported does not appear.

ASee Prescott district

< A amall portion of Maricopa county is in Prescott district. Of this portion very little has been sar- Toyed and tne Prescott officers make no mention of it in their report.

Digitized by VjOOQIC

PUBLIC LANDS.

99

StatemmU &y 8tate$t Terriiariet, and land digtrieU, o/o.— Continaed. ABKANSAS.

County.

Surveyed

TTneorveyed land.''

Total area.

Camden r

Anhley

Aeret.

a 28, 620

88,440

24,980

9,520

40,800

6 5.200

e8,880

d 102. 320

109.800

#89.200

4,240

12,560

17,360

5.060

210,860

2,640

10.400

120,800

/339,380

63.360

46, 910

Aeret.

Aeret.

Bradley ^

Clark..

Columbia

Calboan -.

Cleveland

Drew

1

G arland ...... ...,-x-.

Howard

HotSprlnee

Henipatead

Lafayf^tte

Little Biver

Miller

Montirn*nery ^

Nevada

Ouachita

Pike

Polk

Sevier

Union

Xotal

1,285^710

DfirtiATielle ..r

SS^rto^'T"*.!"^.'.::

^16,000

50.000

A 43. 000

d75.000

115,000

62,000

{140,000

j 85, (KM)

166.000

i6l,000

185,000

815,000

81,000

Franklin

Garland (north part) . .

Johnson

Lo|Ean

Perry

Polk (northweat pan) . Pope

Saline (noHhwest part) Yell :....

Scott

ToUl .*

1,202,000

HBRiSOfl - -

Baxter

Benton

118,049

47,020

69.430

80,480

21.500

m 120. 460

n7,760

0 44, 100

99,040

124,540

269,020

282,360

149,380

p84,960

. 24,480

Boone

Carroll

Franklin

Fulton

Independence

Ixara

Madlaon

Marion

Newton

Searcy

Stone

YanBnren

Total.

1,458^470

Little Book

Arkanaaa

1,760

4,600 139, 640 1-6,880

Ashley

Chicot

Clay

CleDnme

Cleveland

a Total in Camden and Dardanelle districts, 81.77U acres. b Total in Camden and Little Kock districts, 12.080 acres, e Total in Camden and Little Bock dintncts, 6,120 acres. d Total in Camden. Dardaoelle. nnd Little Bork districts, 182,280 Total in Camden and Little Rock districts, 46,680 acres. /Total in Camden and Dardanplln districts. 874,360 acres. a Total in Dardanelle and Little Bock districts, 26.400 acres. h Total in Dardanelle and Harrison districts, 44,500 acres. i Total in Dardanelle and Little Bock districts, 160,6^ acres. i See Camden diatrict.

( ToUl in Dardanelle and Little Bock districts, 119,920 acres. P See Dardanelle district.

m Total in Harrison and Little Rock districts. 100.660 acres, n Total in Harrison and Little Book districts, 48,806 acres. 0 Total in Harrison and Little Bock districts. 54,340 acres. p Total in Harrison and Little Bock districts, 295,240 acres.

Digitized by^VJOOQlC

100 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

Statement by StateSf Territories, and land districts, etc. Continoed. ARKANSAS— Contiiiaed.

Land district.

County.

SoTvered lana.

Little Bock.

Total

Total in Arkansas .

I Conway

' Craighead

CruM

Dallas

Dmba

l>rew

, Faulkner

Folutn

i Garland

Grant

Greene

HotSprinf^

' Independence.

I Izard

I Jackson

' Jefferson

I Lawrence ,

i Lee

I Lincoln

' T.ouoke

Mis8is8ippi . . .

Monroe

Perry

; Phimps ,

Poinsett

' Prairie ,

. Pnlaski ,

, Kandolph ,

' Saline

Sharp

St. Francis

VanBnren

White ,

IJnsnrveyed land.

Acres. all, 400 , 600 1,000 8,880 i 1.160 ; 62,240 < 10. 200 I 670,200 e4.M0 6,120 4,720 66,480 . <241,040 ; d 10, 240 I 840 ' 2,000 9,720 160 10,220 200 4.760 240 a 20, 680 40 5,860 280 21,360 61,600 I a 58, 920 112.480 ! 480 ! d260,280 , 10,240

.1.

Acres.

Total

Acres.

916,140

4.902,829

CALIFOBNLL.

Humboldt Independence .

Total.. Loa Angeles..,

Alpine

Fresno

Inyo

Kern

Mariposa

Moro

San Memardino.

Tulare

Tuolumne

4,584,960

31,760

561,020

2, 179, 200

1, 256, 320

65,280

1, 888, 000

2, 149, 120

482,500

80.640

8,684,800

115,200 ' 4,700,160

299,520

3,826,720

244,480

11,520

760,720

1, 813. 760

x9,600

92,160

/ 21, 760 0861,440 5,505.920

Al, 500, 800

i 76, 890

2.688,720

/8, 962, 880 1:572,160 2172,800

6,628,480 i 15,318,280

Kern 110,120 47,339 ml66,459

Los Anjceles 550.417 246,734 797,151

Orange 3,799 25,400 29,190

San Bernardino 2, 484, 708 2, 243, 371 m 4, 728, 079

SauDiego 3,801,813 3,102.493; 6,904,806

a See Dardanelle district.

b See Camden district.

c See Camden and Dardanelle districts.

d See Harrison district.

The oflBcerb report that county lines have been changed since publication of the latest maps, and thstit is impracticable to make the statement by oouuti»s.

/Total in Independence and Sacramento districts, 671,380 acres.

a Total in Independence, San Francisco, Stockton, and Visalia districts. 1,929,460 acres.

A Totol in Independence, Los Angeles, San Krancisco. and Visalia districts, 2,284,755 acres.

i Total in Independence and Stockton districts. 576,497 acres.

{ Total in Independence and Los Angeles districts. 8.690,959 acres.

k Total -in Inde|>endence and Visalia districts, 1,116,160 acres.

I Total in Independence, Sacramento, and Stockton districts, 867,216.

m See Independence district.

Digitized by VjOOQIC

PUBLIC LANDS.

Statement by States, TerritorieB, and land dUtriets, 0(c.— Cootinaed.

CALIFORNLA.— CoDtinaed.

101

Land dUtrict.

Coanty.

Soryeyed I Unsurvey^ land. land.

Los Angeles .

Total. liarysTille..

Total. Bedding....

Total . Sacramento.

Total .

Santa Barbara . Ventura

Bntte. . . . Colasa... Nevada.. Plamas... Sotter . . .

Sierra

Tehama. . Yolo. ... Tuba...

Shasta... Sinkiyon.. Tehama.. Trinity..

Alpine

Amador

Calaveras. . Eldorado. . . Nevada Placer .... Plumaa . . . .

Sieini

Taolamoe ,

San Franoiaoo .

.' Alameda

I GoIUHa

Frosio

I Kern

I Lake

I .Mendocino

1 Merced

Monterey

I N apa

I San Benito

I San Joaqain

San Luis Obispo .

j San Mateo

I Santa Barbara . . i Santa Clara

SHnta Cru2

, Solnno

' Sonoma

I Stanialaaa

"Ventura

Total.

Total axea.

Aores. 45.630 766,890

Aerei. 92.897 78,590

Aeret. a 138, 027 &245.480

7.172,877 1 5,836,324

18,«I08,701

212, 818

143.158

7.014

361,967

3,000

29,095

76,448

75,883

60,150

83.425 1,683

246.243

e 144. 841

d 7. 014

70, 472

332. 439

3,000

/ 40, 295

i7 77,258

83,193

n3« 910

ii,266

805

7,310

33,760

869,533; 158,655 1,028,188

944,393 972,738 461, 876 272,383

2, 651, 385

498,620 221.500 248,500 616,860 185,000 359,100 193,840 183,500 265. 000

118,614 I

275. 936 >

16,965 I

51,611

1, 063, 007

1,248,669

k 478, 841

323,994

463,126 3.114,611

150,800

5,000

4.900 >

35,200 I

4,100 I

67,900 j

"*4.000 17,200

2, 7T2, 120

279, 100

8,200 15.% 20U 105. 000

61. 500 400,600 787, 130

38, 240 1, 021. 840

23,500 290,700 ,

10,760 384,080

2,400 I 443,731

84,880 2,200 2,218

49,500

38.800 215, 224

i 649, 620

226,500

j 2^8, 400

652,060

ft 189, 100

417,000

» 108, 840

M87,500

i282, 200

3,051.220

8,500

2,662

35.096 I

111,590

203,980 I

82,240

5,115

150, 012

8,200

A 163, 700

il97,662

i 97, 496

518. 190

991, 110

1:38,240

1,104,080

23,500

295. 815

210,760

534,092

2.400

TO 571, 717

89,880

2,200

2,218

90,753

n 39, 537

m271, 571

4,216,703 I 838,417 1 5, 053, 120

Stockton ; Calaveras ol8,0H0 I

I Fresno I 1670,678'

a Total in Los An{;eles and Sao Francisco districts, 700,744 acres.

b Total in Los Angeles and San Francisco districts, 517.051 acres.

0 Total in Marysville and San Fmacisco districts, 308,541 acres.

d Total in Marysville and Sacramento dii«trict8, 196,114 acres.

#l'otal in Marysville, Sacramento, and Saaanville districts, 1,506,914 acres.

/Total in Marysville, Sacramento, and Susanville districts, 384,432 acres.

X Total in Marysville and Bedding districta, 556,094 acrea. See Marysville district. iSee Independence .district.

j Total in Sacramento and Stockton districts. 271,480 acres. Jb Total in San Francisco and Stockton districts, 75,121 acres. IToul in San Francisco and Stockton districts, 13,100 acres, in See Los Angeles district

n Total in San Francisco and Stockton diatrlota, 89,440 acres. o See Sacramento district.

Digitized by VjOOQIC

102 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

Statement by SiateSf Territories, and land distriote, etc, Continued. CALIFOR]!nA--CoDtiimed#

Land district

County.

Surreyed land.

UnBurveyed land.

Total area.

Stockton

Heroed

ACTM,

a36,881

6408,667

a2,340

a49,908 6412,216

Aerea.

Acret.

Mariposa

San Joaquin

StanislMus ...■

Tnolnnine

Total

1,688.705

e600,445

2,189.246

Lasflon ........••• ....

SvnanTillif

2,297,936

1,714,028

900,810

56,637

39,683 111,609 79,825

2, 337, 619

1,825, 727

d980.636

d56.687

Modoo

Plamaa

Sierra

Total

4,969,411

231,207

5,200,618

Fresno ................

YiMilia

18t.320 460.880 505,280

15,360 09,120 38,720

6199,680 6520,000 6544,000

Kem

Tulare

Total

1,140,480

123,200

1,263,680

Total in California

38,750,564

15, 172. 154

63,922,718

COLORADO.

Central City

Boulder

190,080 102,382 221,200

52,792 1,007,880

86,280 162,960 217,600

el99,080

102,883

/221,200

52,702

Clear Creek

Gilpin*-"!I*"I".'!II!

Grand

43,520

^1,051.400 ^86.280

Jeffereon .............

Rontt

il52,960 i 217, 600

Summit

Total

2,040.174

43.520

2,083.694

Conbjoe

Del Norte..,

403.940 77,460 276,800 477,680 1,025,240 3 840

186,880

287,040

46,000

"'"' 50,220* 23,040

590,820

864,500

£322.800

2477,580

ml, 075, 460

n 26,886

Coetflla

Hinodale ^

Rio Grande

Sajniaohe

San Juan ..

Total

2,264,86(i

698,180

2,858,040

Arapahoe

Denver

1, 128, 800

024,220

142,340

p269,280

028,900

9 425.020

r 1,235. 360

Boulder

Douglas

Elbert

Jeffemon

Kit Carson

Larimer

a See San Francisco district.

6 See Independeuce district.

e This total was not estimated by counties, but the oflScers report fifteen full townships in the dis- trict nnsurveyed, and unsnrveyed fands in the townships partly sunreyed, agin^K^ting 154,845 acres.

d See Marysville district.

« Total in Central City and Denver districts, 123,300 acres.

/Of this quantity four townships, or 87,040 acres, are suspended from entry becaueeof irregularities in the surveys. Total area in entral Citv, Glenwood Spriues, and Leadville districts, 868,102 acres.

g Of the surveyed land in Grand eounty thirteen townships, or 282,880 acres, are suspended from en- try because of irregularities in the surveys.

A Of this quantity one township of 21,760 acres is suspended fh>m entry because of irregularities in the survey. Total area in Central City and Denver districts, 115,180 acres.

i Total in Central City and Glenwood Springs districts, 3,781,084 acres.

J Total in Central City and Leadville districts, 887, 3K8 acn\8.

k Total area in Del Norte, Darango. and Ghinoison districts, 900,100 acres.

I Total area in Del Korte and Dnrango districts, 525,080 acres. mTotal in Del Norte and Gunnison districts, 1,412,460 acres.

n Total in Del Norte and Dnrango districts, 249.880 acres.

o See Central City district.

p Total in Denver and Pueblo districts, 461.780 acres.

q Total in Denrer and Lamar districts, 505,920 acres.

r Total in Denrer and Glenwood Springs districts, 1,263,180 acres.

Digitized by VjOOQIC

PUBLIC LANDS.

Statement by Stalee, TerritoHee, and land dUtriota, ^to, Continued. « COLOBA DO— Continoed.

loa

Land district

County. Lincoln ---

Snrreyed land.

XTnsnrveyed land.

Total ana.

DeiiTcr

Aeret.

a 217, 120

325,740

316,500

80,880

58,400

286,300

803,280

279,200

Aerea,

Acr$§.

Losan

Morgan

PhilBpa

Sedffwick

Washington

Weld..?

fuma

TotaJ

^ 681. 240

Arohnlota

0335,200

476,240

208,800

499,340

786,760

9,600

47,600

222,500

42,000

335.200 d 599, 240 0801,300

^801,700 A9^500 047,600

0222,500 i 42, 000

Dolores

124,000 97,600 29,000 75,000

Hinsdale

LaPlaU

llontezama

Onrar

Rio Grande

San tlnan

San Miguel

Total

2,621,840

325,600

2 947,840

Eagle

OlMiwood SDrinira -r

348.060

1,446.960

58,280

27,820

195, 200

179.800

1,459,872

8,628,124

215,040 923,240 124,020

1604,000 i 870, 200 1:177,000 127,820 m484,420 n603,680 2,040,670 j 3, 651, 164

GsrfiAld

Gannison

Larimer

Mesa

239,220

323,^0

580.704

. 23,040

Pitkin ,

Rio Blanco

Kontt

Total

7,340.076

2,420.684

9, 760, 660

Delta

Gnnnisoii

7,000

700.000

246,000

30,000

837.000

o7,000

1> 1,087, 000

0 276,000

0 91,000

0337,000

Gannison

987,000 30,000 61,000

Hinsdale

Montrose

Sagoacbe

Total

1,320.000

1,078,000

2,398,000

Baca

Lamar

710,000 r368.000

308,000 1 170. 000 0 315,000 , 1 309, 000 2146.000

4:47,000 !

Bent

Cheyenne

Kit Carson

Kiowa

Lan A nimas

Lincoln ...... ..

Prowers

t 1

Total

2,863,000

1

a Total in Denver and Lamar districts, 363.120 acres.

5 The Sonthern Ute Reservation, covering aboat 1,000,000 acres, is in this district and may soon be restored to entry.

e Tbe abandoned Fort Lewis military reservation in Archuleta Coanty of about 30,000 acres of agri- cnltnral land, heavily timbered, has been surveyed, but the plats have not as yet been filed and the land re8ton*d to the public doroaiu.

d Total in Dnrango and Montrose districts. 639,620 acres.

0 See Del Norte dintrict.

/Of the 29.000 aorea in La Plata county, classed above as an8nrveye<l, 23,000 acres have been sur- veyed, and the plats it is expected will soon be filed.

g Much of the land in Montezuma county is known as the mesa verde land, and Is not in demand by settlers.

h Total in Dnrango and Montrose districts, 153,803 acres.

i Total in Dnrango and Montroae districts, 711,704 acres.

i See Central City district.

* Total in QlenwcHid Springs, Gunnison, and Leadville districts, 1,906,629 acres.

1 See Denver district

m Total in Glenwood Springs and Montrose districts, 1.985.044 acres, n Total in Glenwood Springs and Leadville districts. 586,602 acres, o Total in Gunnison and Montrose districts, 387,389 acres. J9 See Glenwood Springs district.

q Total in Gunnison nnd Montrose districts. 1,871,737 acres, f Total in Lamsr and Pueblo districts. 452.200 acres.

# Total in Lamar and Pueblo districts, 389,000 acres.

f Total in Lamar and Pneblo districts, 1,170,552 acres. "

Digitized by VjOOQIC

104 REPORT OF COMMISSIONER OF GENERAL LAND" OFFICE.

Statement by SiateSf TerritarieSf and land di9trioi8f elo. Continaed. GOLOBAD(>-Continue^

Land distriot.

LeadTiUe.

CooDty.

Chaffee . . .

Baffle

ElPaao... Gannlaon .

Lake

Park

Pitkin .... Sammit...

ToUl . If ontroae . . .

« Total Pueblo

Total *....

Total in Colorado.

Delta

Dolores

MeHM

Montrose . . .

Ourav

Ban Miguel .

Surveyed ! Unstn-veyed j .^^^^i

Acres. 642,054 a82,M2 b SO, 397 e 41, 729 184, 215

1,015,765 e&^022

a 169, 788

Aeret. ' Aertt,

I 2, 270, 506

811,279 I 40,380 864,352 935,137 144.303 I. 600.584 i

69,120

d3)K).399 «40,380 686.272 I cl.5iS0,624 845, 600 ; d 1, 280. 737

0 144,303

69,120 tf 669, 704

2, 896, 035 I

1,170,112 1 4,066,147

Bent

Custer

Elbert

El Paso

Fremont . .. Huerfano . . . .

Kiowa

Las Animas ,

Otero

Pueblo

/ 84. 200 820,642 p 192, 500 A 637, 000 655,515 58L.001 74,000 861. 652 929, 450 780,000

34,354,550

5,648,806

6.116,760

39,991,446

FLOBIDA.

I

•|

42,290

3.160

4, 720

86,299

90.800

14.880

32,590

7,770

97. 360

124, 380

2,280

78,100

12, 100

9,373

7,920

2.120

33,240

78.100

2,510

52, 140

4a 640

215, 735

7,882

40, 720

15,372

17,280

146, 020

17,884

QainesTlUe Alachua

Baker

Bradiord

I Brtivard

('Rlhoun

CItms

Clay

I Columbia

Dade

1 DeSoto

Dnval

Escambia

Gadsden

Hamilton

Hernando

Hillsborough . .

Holmes

, Jackson

Jefferson

I Lnfayette

Lake

I Lee

i Leon

Lew

; Madinon

I Msnatee

I Marion

I Monroe

a See Central City district.

6 Total in Leadville and Pueblo districU, 687,397 acres. e See Glen wood Springs district, ct See Gunnison district. 0 See Durango district. /See Lamar district. «See Denver district. I^See Leadville district.

{Undoubtedly nearly all the unsurveyed laud is swamp, and much «1 it is selected by, or patented tOt the State as swamp.

■"'2,"217,"000

i 2, 119, 680

% 529, 920

745,655

""i'69lV266

700,084

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PUBLIC LANDS.

105

Statement hy States ^ Territories, and land districts ^ etc. Cod tinned. FLORID A.— Continued .

Laud district.

County.

I Surveyed ' land.

Gainesville .

Total in the district and State

Acre*.

Nansau 4, 330

Orange 32,000

Osceola 12,072

Pasco 2,200

Polk 81,620

Putnam 21,659

St. John's I 19,160

Santa Bosa 218,040

Sumter 020

Suwannee i 7, 200

Tavlor 144,660

Volusia 82,680

Wa»hington 204,800

Walton 266,820

2.283,626

IDAHO.

^'^''^^^^ Total area.

Acres.

Acres.

1

3,340,800 I 5,624,426

Blaokfoot .

Bear Lake . Binebam . . Oneida

Total. Bois6City..

Ada

Bois6

Elmore

Idaho

Owyhee

Washington

282.880 79.5.682 507.734

15, 200 606,653 115,200

298,080

1,492,335

622.034

1,586.206

827,053

2,413,349

447,360 81,640 281, 280 3,840 707, 200 205,680

640.000 2, 240, 000

768, 000 1, 280. 000 3, 520i 0«>0 1,280,000

1, 087, 360 2,321,640 a 099, 280 51,283,840 4, 227, 200 1,575,680

Total

Total in Idaho

IOWA.

Dos Moines.

KANSAS.

Garden aty .

Clark .. Finiiev . Ford " Garfield .

2,000 I

12, 260 68,820 2.717 6,680

i3,000 I

5,000

a See also note under head of the Hailey district as to Elmore County.

h Total in Idaho County in Boisd City and Lewiaton iliittnctH. 12,436,H3:i acres.

e Total in Shoshone County in CcQur d' Alene and LKwiatou districts, 1,863,062 acres.

d The district officers say :' " HaiU>y district coutaiu!) about 19,000, UOu acres, about 800,000 acres of which have been surveyed^ mostly in Loiian, Elmore, Alturtis, and Lemhi counties. About two-thirds of the surveyed land hns been settled npon and improved. About 15 to 20 per cent, of the land in this ^strict could 1)0 cultivated if water could be procured from the lar^rer streams of the State.

€See Bois6 City district Unsurroyed landH composed of mountains, prairie and timber land.

/One*half of ttie nnsiirveyci land is mouutainnus and heavily timbered.

0The roost of the nnsnrveyed land is rongh broken prairie.

ft See CcBor d* Alene district. The unsurveyed land is mostly covered with timber.

i About 1,000 acres of the unsurveyed lands are accretions along the Missouri River, and about 2,000 I are in dried-up lake-beds.

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106 REPORT OP COMMISSIONER OP GENERAL LAND OFFICE.

Statement hy States, Territoriei, and land dUtHoU, 6(0.— Continaed. KAKSAS-Contiiiiied.

Land district

County.

Surveyed land.

Aere», 16,280 21,400 51,841 9,200 18,300 76,240 56.600 52,871 58,770 16,000 41.860

Unsoryeyed land.

Total area.

Garden City

<?-rantr , .......

Aeret.

Acrea,

Gray

Hamilton

Hod fireman

HasleU.^

Kearney

Meade

Morton

Seward

Stanton

Steveiiff .r

Total

608»739

Kirwina

Larned 6

26,006

60,768

800

40

10,399

el60

d 1,240

«1.200

20,000

Oberlin

Cheyenne

Decatur

Norton

Sawlin A

Sheridan

Thomas...

Total .,

64,007 500

Salina

BnaBell

/600

Topekay

WaKeeney

Ellis

13,712 21.529

Grove

1

Graham

1

Greelev

10,860

Laoe.....

6,440 32,706

TiOffan ...... ...T....

NcHs

Bookb

1,480 1

2,320 t

160 t

10.680 1

A920 !

A 6, 480

;i320 1

9,248 1

Rash

Scott

Sheridan

Sherman

Thomas

Trego

Waflaoe

41,450 3,640

Wichita

Total

1 161, 046

""'

Total in Kansan

756,791

1

LOUISIANA.

Natchitoches | BienvUle.

Bossier . . .

j 25. 040 49, 170 27, 629 Jk2.260 ^560 83,KK5

m5.532

I

I Caddo

Claiborne

.Grant

Katchitoches .

Rapides

a No land in thediiitriRt subject to entry, except that there may be a few isolated tracts. b The officers report it impracticable to make a statement by counties iu the short time at their com- mand in the present condition of their records, but they have approximated the quantity of yacMit land in the entire district. e Total in Oberlin and WaKeeney districts, 1,080 acres. dTotal in Oberlin and WaKeeney districts, 7,720 acres. e Total in Oberlin and WaKeeney districts, 1,620 acres. / Reported scarcely fit for jprazing.

g Officers report that they do not bi*Iiove that one entire section of vacant land in the district could be fonnri by a " line by line search of the tract books." h See ObeHin district.

% This total may be increased by the expiration of fllinfrs> j Total in Natchitoches and New Orleans districts, 39.280 acres. * Total in Natchitoches and New Orleans districts, 6.780 acres. 2 Total in Natchitoches and New Orleans districts, 65, 600 acres, m Total in Natchitoches and New Orleans districts. 42,662 acres.

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PUBLIC LANDS.

107

Statement by State$y TerriU>r%e$f and land districts, etc,— OorxUnned, L0T7ISIAKA Continued.

Land ditiriot.

Connty.

I

Surveyed land.

Vatohltochee .

Supplemental liat not reported by conn ties

Bed River .

Sabine

Vernon.... Webeter... Winn

Aeoension d . AMnmption . Avovelles ...

AoadU

Bienville

Caloasieii .... I Cameron

Total

Total in Lonlaiana.

Caldwell

Catahoula

Claiborne

Bant Baton Rouge . . .

East Carrol]

East Feliciana

Franklin

Grant

Iberia

Jackson

Jefferson

Lincoln....!

LiviuKstoD

Morehouse i

Madison

Ouachita I

Plaquemines i

Puinte Coupee

K'apides I

Richland ,

St. Bernard '

St. Helena

St. Landry

St. Martin

St. Mary's

St. Tammany . .

Tan^pahoa

Tensas

Terrebonne ....

Union

Vermillion ....

V«rnon

Washinfrton ... West Carroll .. West Feliciana Winn

Acres, 11,186 62,247

098.292 25^870

616,660

183

2,400

1,040

14.240

134.000

1.000

61,480

98,360

e 4,520

3,800

820

3,836

2,207

060,940

2,200

30.000

2.000

3,240

/IS, 000

13,390

160

32,000

4,970

173

037.130

800

2.380

2,820

4ft, 000

1,200

600

31,000

20,000

200

2,0(»0

30,200

520

e31. 000

28,000

1,250

820

•104,300

1,243,460

Unsurveyed land.

Acres,

e 115, S

Total

Acres.

583,164

115.393

826,669

1,368,863

a Total in Natchitoches and New Orleans districts, 129.292 acres.

b Total in Natchitoches and New Orleans districts, 119.950 acres.

c The unsurveyed lands in Natchitoches district were not reported by parishes. Theae lands un- doabtedly are mostly dried-up lakes, or such as are subject to overflow or inundations.

d The district officers say in their report : " Pending the resnrvey of certain townships situated in this parish, formerly reserved from entry because claimed to be embraced in the Houmas grant, and their reatoration to the public domain under aot of March 2, 1889. and the adjustment of the claim of the State of Louisiana, involving a large portion thereof, it is difflcult to stat<* with any degree of ao- euraoy what quantity of snch lands will accrue to the United States, but it is estimated that there will 1m found subject to entry in the parish about 60,000 acres." This quantity is excluded from the table.

See Natchitoches district

/The district officers say : *' Owing to the nnoeriainty as to the location of the back line of the Mo* Donogh and Fontanot claims, we remiin from including Tps. 8 and 9 S., K. 5 E., and Tps. 8 and 9 3., B. 6 E., former S. B. Dist, east of river, but it is estimated that about 2,300 acres will be found in theae townships sobjeet to entry and filing after location of said claims and approval of State selec-

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108 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

Statement hy States, Territories, and land districts, etc.— Continaed. MICHIGAN.

Land district.

Chrayling .

Total. Marqaette..

Total

Total in Miobigan .

Cuunty.

Aloona

Alpena

Benzie

Crawford

Oraod Traverse..

iHabflla

loeco

Mason

Montmorency ...

Newaygo ,

Ogemaw

Oscoda

Otsego

Presqnelale

Boscommon

(o)

Sarveyed land.

Aeres. 8,100 5,000 3,300

22,500 3,000 3,800

87,800 3,200

26,500 2,500 2,400

44.900 3,000

1],6C0 7,100 8,600

Unsnnreyed land.

Acres,

Alger

Baraga

Chippewa . -

Delia

Gogebic

Houghton ..

Iron

Isle Royale. feweenaw .

Luce

MacklDao .. Marqnette.. MenomlDce . Ontonagon.. Schoolcraft .

13, 285

b 30, 0.')7

104. 614

39,466

4,666 06,903 31, 412 16,102

2,139 23.259 16,608 83,520

9, 140 i C141.192 28,524 I

Total 1

Acres,

192,060

d689,907

882,707

MINNESOTA.

Crookston

Becker

Clay

Kitt8t4)n

Marahall

Norman

46,060

17, 280

891,680

92,160

46,080

17,280

606,880 60,120

808,560 161,280

Polk

27,450

isoo

80, 010

Aitkin

Total

574,650

578,560

1,153,210

Dulutb

42,800 26,160 434,356 79,040 278.660 690,499

042,800

Carlton

26,160

Cook

Itasca .'

136,240 230,400 666,160 862,480

572,596

/809,440

941.820

Lake

St. Lonis

1,542,970

Total

1,646,615

1,889,280

3,435,706

Dakota

MarshaU

40 40 40 . 40 40 80 40 80

Freeborn

Houston

Lac-qni-Parle

Lyon

McLeod

^nrrav

Renville

a Scattered tracts in other counties in the district.

h Id this county 49.792 acres are reserved for Indians exclusive of the quantity given as vacant, cin this county 2,551 acres are reserved for Indians exclusive of the quantity given as vacant, d There are also in this district 18,704 acres embraced in the forfeited land grant of the Ontonagon and Brule Kiver Railroad, and Marqaette, Houghton and Ontonagon Railroad, now claimed by the

Michigan Land and Iron Company, e Total in Dnluth, St. Cloud, and ' r Total in Dulath and St. <^ad districts. 1,811,480 acres.

1 Taylor's Falls districts. 132,038 acres.

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PUBLIC LANDS.

109

Statement hy Stateg, Territories, and land distrietSy «<c.— Continued. MDfNESOTA-Contlnued.

Luiddtotrict.

I

ManfaaU

ToUl. StCload...

Total.... Taylor's Falls .

Total

Total in Minneeota .

Jaekaon .

County.

Soi'veved land.

Rock

Sibley .... Wabaaha Winona ..

Aere».

40

200

80

Aitkin

Benton

Beltrami ...

Cass

Crow Wing.

Grant

Hnbbard...'.

It>asca

Kandiyohi.. Morrison ... OiterTail ..

Pope....'

Sherborne . .

Stoams

Stevens

To«ld

Traverse ... Wadena ....

WUkin

Wright

Aitkin

Isanti

Elanabeo... MilleLacs. Pine

54. 9H)

280

69,880

219.540

17,360

120

61.880

165,720

200

13,440

2,980

80

130

306

440

5,240

460

56,660

2,180

40

Unuurveyed land.

Aeres.

207,360

671, 916

» 35. 158

620

10, 418

9,358

52,587

2,902,034

1,336,320

Total area.

Acres.

1,543,680 2,215,506

4, Oil. 620

a 54, 980

280

277. 240

219, 540'

17,360

120

61.880

al, 502, 040

200

18,440

2,980

80

130

306

440

5,240

460

66,660

2,180

40

108,091

6,913.554

mSSISSIPPL

Amite

Attala

Calhoan

Carroll

Choctaw

Clarke

Copiah

Covington

Franklin

Greene

Grenada

Hanoook

Harrison

Hinds

Holmes

Jackson

Jasper

Jeiferson

Jones

Kemper

Laaderdale

Lawrence

Leake

Leflore

Lincoln

Lowndes

Hadison

I Marion

I Monroe

Montgomery

Neshoba

' Newton

a See Dalnth district

13,400

14,280

560

2,840

5,240

29,660

4,560

88,320

82,000

92,200

6,520

72.040

170,860

240

720

109. 140

11,080

1,640

39,840

14,640

12,380

22,840

13,800

440

5,640

80

240

145,920

4,720

7,860

20,7tf0

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110 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

Statement ^y States, Territorieey and land diitricis, etc. Continned. MISSISSIPPI— Contimied.

Laud district.

County.

Surv^ed

ITnBarreyed land.

Total aiOft.

Jaokson .,..,

Noxnbee

Aeret,

4,480

1,820

U,780

124, 140

17,720

18.200

10,040

77,520

56,720

3,120

160

55,800

8.020

82.520

15,820

660

Acm.

Aeret,

Oktlbbeba

Peari River

Perry

Pike

Rankin

Soott

Simpson

Smith

Tallahatchie

Washinfcton

Wav ne

Webster

Wilkinson

Winston -

»

Yalobusha

Total In district and Sfcate .

1,407,480

MISSOURI.

Boonvllle

Benton...

Camden

Cedar

19,000

130,000

a 1.000

8,800

634.800

20,000

e80,600

5,600

10,200

600

8.200

a2.000

a 87, 000

12,000

Crawford

Dallas

Hickory

Lsdede

Maries

Miller

MortTftn ....... .T»»--.,-

Phelps

Polk

Palaski

St. Clair

Vernon d

Total

800,700 s257,880

Ironton

357,830 46,280

Sprinfffleld

Barry

Cedar/

Ditilas

/6.000

50,000

/ 10, 000

51,080

1,200

100,000

aaS?.::::::::;::::,

McDonald

Newton

Ozark

Polk/

Pnlaski/

Stone

Tanev

01,478

200,000

12,000

Texas

Vernon/

Webster

6,000 10,000

Wright

Total

568.988

Total in Missoori

1,151.4«8

a There is no vacant land in that portion of this county in the Springfield dlntriot.

b Total in Boonville Hnd Sprinjrfleld districts, 30,800 acres.

e Total in the Boonville and Sprinsfield districts, 40,600 acres.

dNo vacant land in either the Boonville or Springfield district.

e The district officers report it impracticable to report areas by counties. Of the total area in the district, 77,900 aorea are in the townships east of the fifth prlnoipal meridian, and 179,080 aorea ire in those west thereof.

/ See BoonviUe district.

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PUBUO LANDS.

Statement hy States, Terriimea, and land dietriote, etc, Contlnaed. MOITTANA.

Ill

Land district.

Goanty.

Gallatin

Jefferson

Surveyed

Aeret. 118,870 34,230 28,090 38U,180 336,770

Unsurveyed land.

Total area.

BoMfoan .x...-

AcrtM.

543.360 34.660

115,200 1,344,000

215.680

Acres. a656,780

668.790

Madison

cl43,290

dl, 726, 130

0552,450

Park

Yellowstone

Total

894,590

2.252,800

8,147,390

Beaver Head

Helena

880,600 526,900

2,167,200 222,080

2, 044. 800

2,340,660

604, 300

22,704,740

1,300,300

1,128,080

3,5()0

254.600

476,000

689,820

1,074.800

7, 014, 440

8,300

179, 000

107,860

2,730,260

1,131,200

24, 871. 940

1,523,280

3,173.780

/8,500

/3«8,100

661.880

/1, 047, 820

Cascade

Choteau

Deer Lodge

Fergns

Gallatin

Jefferson

Lewis and Clarke

Madison

133, 600 176,380 358.000 590.540 122,600 38,400 77,060 203,300

Meaffher

Missonla

Park

Silver Bow

1,665,340

7,137,040

/ 41, 700

266,060

Yellowstone

^310,660

Total

7,042,260

87,889,800

44,932,060

iffiWCity* . ...

i 1, 674, 465

il5.058,7l2

16.728, 177

Total In Montana

9,611,315

65,196.312

64. 807, 627

NEBRASKA.

Allianoe

BoxBatte

k 120, 400 1340,540 m 610, 480 n 219, 440 0 466.640 j> 450, 160

Cheyenne. ..*

Denel

Scott's Bluff

Sheridan

Sioux

Total

2, 207, 660

a Total In Bozeman and Helena districts, 660,230 acres.

6 Total in Bozeman and Helena districts, 456,890 acres.

e Total in Bozeman and Helena districts, 1 , 191, 110 acres.

d Total in Bozeman and Helena districts, 1,767,830 acres.

e Total in Bozeman and Helena districts, 310, 6o0 acres. There is also an area of 649.600 acresof this oonntv in the Miles City district, bat the area of the entries, which cannot be lar^e, has not been re- ported.

/See Bozeman district.

a See Bozeman district and note under head of Miles City district.

Alt was not found practicable to apportion the entries io the different counties, namely, Meaeher, Choteau, Yellowstone, Dawson, and Custer, because when the office was opened the district was fdl within Custer countv, and many entries were made befon* its subdivision.

i Deducting lands listed to the Northern Pacific Railroad Compsny and for university purposes and the school sections, and there remain 1,913,674 acres of surreyea land, fVom which amount one-eighth, or 239,209 acres, is de<lnciedas filed upon or entered, leaving 1,674,465 acres as sutiject to entry.

jTrom 4,082,240 acres estimated by this office to be the total quantity within the granted or forty- miles limits of the Northern Pacific Railroad in the district^ the quantity listed to the company, to wit, 1,114.192 acres, is deducted, leaving 2,968,048 acres as approximating the quantity unsurveyed within said limits ; and deducting the last quantity from 18,021,760 acn^s. estimated by the district officers to be the total quantity unsurveyed in the district, and there remain 15,053,712 acres as the area of un- snrveyed land subject to settlement. The school sections are not deducted, as they are sabjectto set- tlement at any time before survey in the fluid, but undoubtedly nearly of them will inure to the State un- der the school grant when surveyed, thus reducing the area that then will be subject to settlement and entry.

k Total in Alliance and Chadron districts, 146,640 acres. I Total in Alliance and Sidney districts, 643,260 acres.

m Total in Alliance and Sidney districts, 783,280 iicres.

n Total in Allianoe and Sidney districts. 264.240 acres.

0 Total in Allianoe and Chadron districts, 794,990 acres.

p Tot&l in Allianoe and Chadron districts, 970,200 acres.

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112 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE*

Statement by States^ Territories^ and land districta, etc, Continned. NSBR A SKA— Continned.

Land district.

County.

Arthur

Blaiue

Brown

Surveyed land.

Acres. a 203, 520

Unsurreyed land.

Total area.

' Broken Bow

Acrea.

Aeret.

288,260 1 MM, 800 ; «608,640 1 d 125, 440 1 380, 160 390,800 1 0158,640 1

Cherry

Custer

Grant

Hooker

Lofl^an -. . .. .......

Mcpherson

/237,440 384,000

Thomas

Total

^2,932,700

Chadron

Box Butt-e

A 26, 240

126,880

A 828^350

A 520, 040

Dawes

Sheridan

Sioux

Total

1,001,61* 17.989

Grand Island

Adams

Buffalo

Custer

18

275

A680

»14

14,296

35

83

40

8

79

2,453

Dawson

Greeley

Hall

Merrick

Platte

Polk

Sherman

Valley

Total

McCook

Chase

57,894 108,180

Frontier^

188^074

Hayes

22,000

Hitchcock

RedWniow

Total

Keligh

Antelone

10,560 162,400 Jb82.320 21J,960 2 62,720

14,800

Garfield

Holt

Loup

Rock

Wheeler

Total

499^ S8&

North Platte

m298,860

m24,580

n660

ol60

160

p 171,300

a Total in Broken Bow and North Platte districts. 502,880 acres.

fr Total ill Broken Bow and Valentine districts, 404,800 acres.

0 Total in Broken Bow and Val> ntine districts, 858,640 acres.

d Total in Broken Bow, Grand Island, and North Platte districts, 150,709 acres.

Total in Broken Bow and North Platte districts, 181,480 acres.

/Total in Broken Bow and North Platte districts, 397,380 acres.

9 This total is exclusive of townships 17, 18, 19, and 20, of ranges 17, 18, 19, and 20. In Gnster County, the plats of which had not been received from Grand Island land ofiBoe when report of the distriot officers at Broken Bow was made.

h See Alliance district.

i Total in Grand Island and North PUtte districts, 674 acres.

jSee North Platte district.

ib Total in Melifch and O'Neill districts, 147.320 acres. I Total in Nelish and Valentine districts, 247,720 acres.

mSee Broken Bow district. ,

n See Grand Island district.

0 See McCook district.

p Total in North Platte and Valentine districts, 229.600 acres.

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PUBLIC LANDS.

Statement by States, TerritorieSf and land districts ^ etc. Continued. NEBKA^SC^— Continaed. «

113

Land district.

Coanty.

, Sarveyed I land.

'^"hSd?"^ I Total are*.

I

North Platte

Lincoln

Logan

McPhenon . Perkins

Aeret. 403,000 i a22,d40

a ISO, 940 4.140

Acres.

Total .

O'Neill

Sidney

Total . Valentine...

Holt

Banner

Cheyenne

Deael

Keith

Kimbalt

Scott's Blnff .

M15.000

50,520

c 302, 720

e 172. 800 '

d5S,240

14o,620 I

044,800 {

Brown a250,000

Cherry i al,900,0OD ,

KejaPaha 60,000,

Rock 6185,000 I

Aeret,

1, 086. 700 115,000

783,700

ToUl 1 1 i 2,895,000

TotHlinJNebpaska i I , 11,226,584

NEVADA.

Carwm City.

Total . Xoreka

Churchill.. Donelas ...

Elko

Esmeralda . Homboldt . Lander ....

Lyon

Nye

Ormsby

Storey

Washoe ...

. Elko ... ' Eureka . j Lander . I Lincoln .

Nye Whi

hite Phne .

1, 123, 872 218. 144 j 80,432 I 1, 806, 762 , 3,066,067 I 324, 582 I 290,141 ; 424,036 28,836 40,555 I 1,841,760

1,875,347

60,070

1,200

1,680,883

6,171.624

403,841

540,840

285.640

18,560

00,084

1,850,154

0,255.077

5, 401. 012 676,657 844,042 4,871,685 8, 708, 156 2, 377, 738

12,584.660

Total

Toul in Nevada .

18, 060, 100

27,316,167

045^820 484,872 663; 110 5.211.626 3, 210, 500 387,885

10, 003, 813

a 8. 043, 288 /843,241 9 81, 622

k 3, 575, 526

<0.265.6S0 j823,828 1876,673 1768,577 m 50, 716 n 148, 530

0 8, 216, 407

21,840,587

p 6. 436, 882

1,161,520

1. 508, 052

10, 083. 311

p 7. 008, 656 2.765.623

28, 06i. 008

23.488^373 50,804,540

a See Broki^n Bow distiict. b See Neligh district. eSee Alliance Uistriot tf See North Platte dlstriot.

e This total embraoes also 44,060 acres of mineral land. /This total embraces also 55,118 acres of mineral land.

a The entire area of vacant land in Oarson Cit? and Eureka districts ags^regatea 6,518,454 acres. A This totol Inolndbs also 87.882 acres of mineral land. i This total embraces also 27,098 acres of mineral land. j This total embraces also 5,005 acres of mineral land. k This toul erobraoea also 39,681 acres of mineral land.

{ This total embraces also 58,001 acres of mineral land. The entire area in Carson City and Eureka distrieto aggregates 7,777,233 acres. mThia total embraoep al<io 12,320 acres of mineral land, n This total embraces also 2.000 acres of mineral land, o This total embraces also 24,583 acres of mineral land. p See Carson City distriot.

9405 L O-

-8

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114 REPORT OF COMMISSIONER OP GENERA.L LAND OFFICE.

Statement hy StateSf Tetritorie8f and land dietriotSf «to.~Continaed. NEW HBXICO.

Land district

County.

FoUom ,

; Colfax

Linooln

Mora

San Mij^nel.

Stxrveyed land.

Acres. a 1, 813, 060 I

6 266,660 a 1,271, 360 ' a 3, 527, 480 !

^"uS^^^^lTot*!

Aeret.

Acres.

Total. LaaCmcea.

Total. Roawell

Santa F6....

Dona Ana..

Grant

Sierra

, Socorro....

Lincoln .

, Bernalillo...

Colfax

Mora

Bio Arriba..

San Jnan ...

SanMigael..

Santa F6....

Socorro

I Taos

Valencia

Total

Total in Kew Mexico .

6.860,360 1

e 400. 840

7,360,200

3,743.360 3. 307, 520 1, 377, 920 5.040.640

1. 707, 120

2. 246, 400

46,080

1,354,880

6,540.480

5,653,020

1, 424. 000

(16,305.520

13,460.440 '

6,444,480

18,013,020

8,303.820

6.000,680

el5.88S.S0O

1.434,602

601,200

2.125,702

250,005

02,160

0342,265

308,776

276.480

«e7ft,26S

1, 117, 04fi

000.720

2,108,666

1,111,308

676,000

1.687.308

1, 717, 360

230.400

« 1.047, 750

871,504

46.080

017,584

1,256.062

60,120

/1, 326, 082

301,844

845,600

647,444

2, 467, 710

487,760

2,003.470

10,028,186

3.755,620

14,688.706

30,660.806 16,600.520

56, 360, 326

NORTH DAKOTA.

Bismarck 1 A-llred.

; Billings

Bowman

Bnford

Burleigh....

Dunn

, Eddj9

- Emmons

I Flannery . - I Foster h.... , Gsrfleld .... , Hettinger ..

Kidder

I Logan

; Mercer

I Mcintosh.., I McKenxie.. 1 McLean ....

Montiallle.

Morton

OUver

Renville....

Sheridan ...

Stark

Stevens.....

Stntsmani.

I Villard

I Wallace....

Ward

163,840

471,040

348,160

042,080

285,660

358,400

060

287,060

3,187.840

3,620

20,200 624, 640 865,120 230,880 184,480 . 178.660 868,640

06,160 . 810,900 I 788,960 150.840 614,400 811,700 176^680 737,280 216,200 474, 560

85.640 473,440

02,120

1, 108* 080

737,280

042,080

322,"666'

1.187,840

20.200 1,882,400

207.860

668,160

8io.*i6o*

1.653,000

614,400 447.760 276,480 787,280

28,040 1,106,020

8^640 506,880

a See Santa F4 district. 6 See Roswell district

0 The unsnrveyed lands in this district were not stated by counties in the report of the cers. They form a strip on the east boundary of the Territory about 100 miles long and 4 d Total in Las Cruces and Santa F6 districts, 7,721,602 acres. e Bee Folsom district. /See Laa Cruces district

n Total in Bismarck, I>eTirs Lake, and Fargo districts, 67,360 acres. h TotAl in Bismarck and Fargo districts, 57,520 acres. i Tot«l in Bismarck and Fargo districts, 300,840 acres.

255,060

1.660,120

1.086,440

1, 884, 160

285,560

680.060

060

287,060

2,875,680

3.620

40,400

2, 007, 040

26.M20

230,880

301. 84»

178,060

1,036,800

86,166

1,638,400

2,300,650

150,840

1,228,800

760,666

452,160

1.474,560

288,240

1.580,480

171.886

080,820

district oflB- miies wide.

Digitized by VjOOQIC

PUBLIC LANDS.

115

Statement by States, Territories, and land disiriota, etc^Continaed. K^ORTH DAKOTA— ConUnued.

Land dUtrict.

Coanty.

Surveyed land.

I ^-^^^^^y^ I Total area.

Bismarck .

Wells a... Williams . Wynn....

Total. . . Devil's Lake.

Acres. Acrei. ! Acres.

188,680 161,280 : 844,960

317,440 460,800 , 778,240

266,240 266,240 , 982,480

11.540,680 13,916,000 | &25,455,680

Total.

Fargo.

Benson c Bottiman . Church ... Edd^d.... McHenry . Pierce .... Ramsey e . Rolette ... Towner . . . Wells d ...

220,000

200.000

68.000

36.000

626.000

400, 000

27,000 j

210,000 I

260,000 '

166.000

276.000 292,500 i 576,000

230,000 138.000 I

^5,600 276, 000 46,000

496,000 492,500 643,000

86,000 755^000 538.000

27,000 296,500 626,000 211,000

Barnes

Cass ,

Dickev

Eddyd

Fosterd ....

GrifCffs ,

La Moure...

Ransom

Richland ...

Sarfrent

I Steele

I Stutsman d

2, 101, 000

16,200 i.

480 j. 69. 800 i . 30,400 . 54,000 '. 28,400 . 29.600 . 18,300 . 22,700 !. 5,800 ,.

720 ,. 71,600 |.

1,919,000 4,020,000

Total.. Grand Forks .

348,000

Total

Total in North Dakota.

Benson/ •.

Cavalier

Grand Forks

Kelson

Pembina

Ramsey/

Walsh

Unorganized conntrj^.

29,840 164,400 I

138,000

29.840 292,400

42,640

42,640

21,560 i

29.860

60,520

92,000 28,000 92,000 ,

113,660 52,860 142,620

328, 820

846,000 I

678.820

14, 318, 400 16, 179, 000

80, 497, 400

OKLAHOMA.

Gnthtie

1 Ko. lo !

No.2

A 6, 360

1 5, 920

240

No.3

No. 6

Total

11 520

Kinfffisber

ifo.i

j39 jllO 1,162 9,055

No.2

No. 8

No.4

No.6

Total ...:

10,583

Total in Oklahoma

22,053

t S. 672. A40

8,694,698

a Total in Bismarck and Devil's Lake districts, 256,960 acres.

b Besides this quantity, there is considerable land within the indemnity limits of the Northern Pa- cific Railroad, bat it is probable that it will all be needed to satisfy the grant of indemnity to said road.

e Total in DeTil's Lake and Grand Forks districts, 526,810 acres.

d See Bismarck district.

c Total in Devil s Lake and Grand Forks districts, 140,660 acres.

/See Devil's Lake district.

a See Kingfisher district.

A Total in Guthrie and Kingfisher districts, 5,399 acres.

i Total in Guthrie and Kingfisher districts, 6,030 acres.

j See Gnthrie district.

AThe nnsurveyed lands in Oklahoma are in the *' Public Land Strip.'

Digitized by VjOOQIC

116 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

Statement by States, Territories, and land districts, etc, OoDtinued. OREGO^^

Land district.

County.

Surveyed . Unsurveyed . fr«*«i «..i»o lanci. land. : Total area.

BuniB.,

Total . LaOrande..

Bakor ... Crook Grant .... fiarney... Malheur.

Baker .... Grant .... Morrow . Union Umatilla. Wallowa.

Total . Lakeriew...

J.

Total .. Oregon City .

Crook.... Klamath . Harney.. Lake .... Malheur .

r

Total. Roaebnrgh .

Benton

Clackamaa...

Clatsap

Colnmoia

Linn

Marion

Multnomah..

Polk

Tillamook . . . Waahinzton . Yamhiir.....

Benton

; Coae

I Curry

Douglas . . .

Jaokaon . . .

Josephine .

Klamath . .

Lane

Linn

Total. The Dalles..

I

Crook .... Gilliam... Grant .... Morrow . Sherman Wasco...

Total

Total in Oregon.

Acres.

Acres.

Acres.

239.258

87, 057

a 276, 315

171, 120

b 171, 120

1. 185, 826

233,074

0 1,415,900

2, 370, 069

380,160

d 2, 756, 229

1,932,623

1, 362, 720

e3. 295. 348

6,904,896

2,013,011

7,017,007

766.988

225.600

/992.583

1. 385, 516

14,080

/1, 399. 506

227,278

o 227, 273 1,448,899

1,077,799

371,166

438,402

96,520

534,022

635,600

799,988

1.435.588

4, 531. 573

1.507,288

6.038,861

1,114.716

286,000

/1, 400, 716

1, 298. 993

896,000

kU 694, 993

1,443,029

572,000

/2, 015, 029

2, 626, 187

704,000

3,330,187

1,006,808

968.000

/1. 974, 806

7, 480, 733

2, 936, 000

10, 425, 733

70,640

121, 600

i 102, 210

34.160

460.640

494,800

35.820

288.000

323, 820

29,680

30.000

59.680

58,600

506.880

J565.480

13,820

506,880

520, 700

3,520

60.000

63,520

25,320

69.1-iO

94.440

173, 400

258.440

426,840

18,000

57.600

75,600

26.720

26,720

489.680

2. 354, 160

2.848.840

23.860

88,720

it 62. 580

184.960

396,537

581,487

107,680

706,760

814,880

328, 130

1.479,800

1. 807. 030

874,810

374,490

748.800

84,200

769,900

854.100

10,060

231,470

2242,430

415,230

1.420.600

1,836.730

24,780

316.620

Jt.840,300

1,654,060

6,783.687

7,287,747

2,000.640

68.000

/2, 068, 640

256,000

17,000

273,000

261.400

15,000

/27«,400

293,000

2.600

m206,600

38,000

88,000

660,000

257,666

817,500

8,409,040

350,100

n 8, 750, 140

28, 378, 062

14,804,246

38.273,228

a Total in Bums and La Grande districts, 1,268,000 acres. b Tutal in Bums, Lakeview, and The Dalles districts, 3,630,476 acres. e Total in Bums, La Grande, and The Dalles districts, 3,094,896 aoren. d Total in Burns and Lakevlew districts, 4,771,258 acres. e Total in Bums and Lakeview disirlcts, 5,270.151 acres. / See Bums district.

g Total in La Grande and The Dalles districts, 522.873 acres. A Total in Lakeview and Robeourgh districts. 1,937,423 acres. i Total in Oregon City and Roseburgh districts, 254^820 acres. } Totul in Oregon City and Roseburgh districts, 90I>,780 acres. k See Oregon City district. I See Lakeriew district, m See La Grande district.

n In addition to this total the officers report 1,457,000 acres within the granted limits of Northern Pacifl 0 Railroad as liable to forfeiture.

Digitized by VjOOQIC

PUBLIC LANDS.

117

Statement by States j Ttsrritories, and Jnnd dietriotSf efe.>— Continued. SOUTH DAKOTA.

Land district.

County.

Surveyed

Aerei. 2,000 109,520 95,480 186,560 83,640

Unsurreyed land.

Aere».

Total area.

Aberdeen

Brown

Aeret.

Campbell

'

Bdmuxids

1

McPhereon

Walworth

.-.:..::...:. .I::::;:.;;:.:

Total

[

477,200

Brule

Bui&lo

f.'^f^S;:::::::::;:;:

Nowlln

Lyman

Pratt

Preaho

Stanley

Chamberlain . . .. .

27.514 24.560

802"

19,235

27,614

24,560

138,240 391,680 441,280 108, 638 570,240 395,486 31.680

138,240 391,680 0441,280 109.440 570, 240 414,721 631,680

Total

72,111

2,077,244

2, 149, 355

Beadle

Faulk

Hand

Huron

1,449 22,470 45.822 117,854 79.445 496 37,455

Hvde

1

Potter

Spink

Sully ...

Total

304,991

Mitchell

el, 000

Hushes

Pierre

100,957

Nowlln

d 368, 649

92,160

d646.120

552,060

Pyatt

Stanley

Sterling

Total

100. 957

1,668,880

1, 750, 887

Butte

Bapid City

170, 525

460, 000 690,000 437.000 575,000 598,000 600,000 345,000 207,000 460,000

630, 526

Bnrdiok (unorganised) Custer

690,000

157,980

604,980 575,000 048,860

350,860

Harding (unorganised) Lawrence....

600,000 380,300 384,140

35,800 127, 140 194,620

Meade

Pennington

654,620

Total

1,086,425

4,462,000

5,498.426

Brookings

Watertown

120 9,5M 3,153 12,741 2,360 6,540

500 9,296 1,080

........

Clark..;.

1

Codington

Day

Deuel

Grant

Hamlin

Mur^hi^n ,

1

1

'

Roberts

1

'* 1

Total

1

45.290

Charles Mix

Yankton

5,400

5,400

Total in South Dakota

2,043,374

8,198,124 1

10,241,458

a Total in Chamberlain and Pierre districts, 809,920 acres. b Total in Chamberlain and Pierre districts, 676.800 acres.

e The officers report only a few l8olat«d tracts Tscant in the entire district, not aggregating more than about 1,000 acres. d See Chamberlain district

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118 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

Statement hy States^ Territoriea, and land districts, etc.— Continued.

UTAH.

Land dlatrict.

County.

Salt Lake City.

.1 Bfaver

I Box Elder...

Cache

j Davig

JBmery

Garfield

' Iron

. Jnab

Kane

I Millard

Morgan

I Piute

I Rich

Salt Lake....

San Pete

I Sevier

' Summit

Tooele

1 Uintah

I Utah

Waaatch ....

Washington .

W«bcr

Total in district and Territory.

WASHINGTON.

North Yakima.

ToUl. Seattle

Douglaa .. Kittitaas.. Okanogan Yakima...

Chehalis...

Clallam

, Inland

, Jefferson . .

King

' Kitsap

' Mason

I Pierce

* San Juan . .

Skagit

; Snohomish.

Thurston.. ' Whatcom..

Total.... Spokane Falls .

Adams

Lincoln . . . Spokane . . Stevens . . . Whitman.

Total .

Surveyed Und.

1 Unsurveyed i land.

1

Total area.

Acre*.

Acres. \

Acres.

338,600

1,700,000 1

2,038,600

495,700

2,500,000 f

2,995,700

100,000

158,000

258.000

11,800

700,000 !

711,300

461,600

2,300,000 1

2,761.600

216,700

2,300.000 1

2, 516, 700

687.300

1,920,000 ;

2,507,300

710,600

1.600,000

2,210,600

379,800

1.610,000

1.969,300

1,108.800

2, 500, 000

3,608.800

52,200

600.000

552.200

224.500

1,380,000

1,604,600

292,000

7.000

299,000

3,200

130, 000

133,200

128,700

860,000

988.700

216, 100

1, 460, 000

1,676,100

223,100

1, 000, 000

1,223,100

779,600

2,500,000

3.279,600

158. 500

1,644,000 >

1. 802, 500

186,800

1,000,000

1.186,800

03.000

207,000 1

270,000

189, 500

1,000,000

1. 180, 500

12,000

300,000 i

312,000

7, 029, 100

29,176,000 !

36,206,100

973, 181

115, 200 1

1,088,361

296,810

1,036,800 '

1,333,610

1 284, 180

2,995.200

3.270,380

496,820

921,600

a U 417. 420

2,049,971

5,068.800

7,118,771

4,801

379,040

6 383,841

8,821

699,637 ,

703.468

120

. 120

1,608

710,096

711. 703

320

1,985,360

1,925,680

432

432

9,774

189.120

198,894

400

276,480

e 276, 880

1,920 5,411

1,920

820,053

832,364

880

838,340 ,

839,220

720

d720

4.673

1, 354, 880

1,350,553

34,880

7.199,905

7, 234. 785

192. 428

e 192, 428

231,642

83,520

316,162

56,180

161,280

217.460

311,793

1,497,600

1,809,303

27,800

/ 27, 800

810,843

1, 742, 400

2, 562, 743

5.580

71,000 '

i^ 76,581)

4,981

109,440

114,371

20,676

163,840

184, 516

216.046

65,020

281.966

23.529

256.000

279,529

17, 513

279,680

297, 19n

22,742

108, 560 .

131,302

Vancouver Chehalis

I Clarke

Cowlitz

I Klickitat

I Lewis

Skamania

I Pacific

a Total in North Yakima and Walla Walh» districts, 1,487,660 acres.

b Total in Seattle and Vancouver districts, 460,421 acres.

e Total in Seattle and Vancouver districts, 319.440 acres.

d Total in Seattle and Vancouver districts. 4,<?00 acres.

e Total in Spokane Falls and Walla WalU districts, 246,848 acres.

/Total in Spokane Falls and Walla Walla distrlcto, 95,640 aoros.

g See Seattle district.

Digitized by VjOOQIC

PUBLIC LANDS.

119

Statement by States^ TerritarieSf and land districts, etc. Continued. W ASHl SrGTON— Continued .

Lftod diitrtci.

coo-ty- ^T'i*^ ''"ilSd?"'

Total area.

Vancouver

1 Acret. Aer«9,

Piorco ' , 1,600 40,960

Thunton 3.280 ,

Aerei. a42,560

0^280 39,700

4

Wahkiakum | 29.460 10,240

Total

1 346,357 1,105,640

1,450,997

"WftlU Walla

Adams ! 64,420 1

654,420

Asotin 1 98.240' 57,600

ColnmbU 25.140 166,620

Franklin 817,480 i

166,840 180,660 317,480 179,380 160,800 93,960 6 67,840 e 70, 340

Total

Total in Washington

Gsrfield 18,000 161,280

Klickitat 160,800

Walla Walla 92.960 ,

Whitman 67.840

Yakima 70,240

i 905,120 374,400

1,279,520

1 4,156,171 1 16,491,145

19,646,316

WISCONSIN.

Ashland

Ashland

d 50, 000

Bayfield

52,000 e 16, 000 :

65.000 / 20, 000 p 20, 000

Burnett

Douglas -

Sawyer

Wasnbum

Total

222,000

Ean Claire

Barron

2,619 1 2,296 1 A 101,223 7, 032 ; 8,748 '

720 3,878 i 2,610 160 21,022 80 i 720 1 16, 147 ; 147 1

Bufli&lo

Burnett

Clark

Chippewa

Crawfoid

Dunn -.

Eau Claire

Grant

Jackson -

La Fayette

La Crosse

Monroe.

Pepin

Poik

9,675

t9.600

280

1.580

A 22, 175

40

Price

Richland

Sank

Sawyer

St. Croix

Taylor

i6,W0

1,350

750

A27,000

Trempealeau

Vernon

Washburn

Total

246,500

Kenasha

Florence

9,040 l;8,200 11,020 37,840

8,780 440

Forest

Langlade

Mannette

Oconto

Shawano

ToUl

66,320

a See Seattle district.

0 See Spokane Falls district e See North Yakima district.

d Total in Ashland and Wansau districts, 65,000 acres. e Total in Ashland and Ean CUire districts, 116,223 acres. / Total in Ashland and Eau Claire districts. 42.175 acres. g Total in Ashland and Ean Claire districts, 47,000 acres. A See Ashland district.

i Total in Ean Claire and Wansau districts, 17,100 acres. J Total in Eau Claire and Wansau districts, 16,640 acres. k Total in Menasha and Wausau districts, 38,200 acres.

1 Total In ICenasha and Wansau districts, 11.020 acres.

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120 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE. Statement hy States j Territories ^ and land districts, etc.—Continued, WISCONSIN— CoDtlnn©d.

Land district.

County.

Wauaau .

Total

Total in Wiacooain .

Adams

I Ashland... I Forest

Jonean

Laoglade .. , Lincoln

Marathon..

Maiquette.

Oneina

! Portage

Price

Shawano...

Taylor

Wanshara .

Wood

Sorrevcd land.

Aere4.

7,600

a 5, 000

6 80,000

2,0OU

b 10. 000

50.000

1,500

2,000

150. 000

2.000

c7,500

1,000

c 10, 000

2,000

5,000

Unaurveyed x^tala«».

Acres.

Acres.

285,500

819.820

WYOMING.

Buffalo..

Converse . j Crook .... Fremont.. Johnson .. Natrdna .. Sheridan.. Weston...

Total. Eranston . . .

Fremont

Sweetwater. DinU

Total. Cheyenne...

•I-

! Albany

I Carbon

I Con-verse ....

I Ftemont

I Laramie

Natrona

Sweetwater. .

Total

Total in Wyoming.,

(2 84,200 2, 065, 800

e 838, 600 4,065,000

4 55.000 I 1,345,300 2,620,100

11, 976, 500 / 575, 000 12, 561, 500

8,463,840 I 4,492,800 ' 2,650,200 '

4, 480, 000

412, 160

4, 147, 200

77,943,840

^4,904,960

6,797.400

10,606,840 I 9,039,860 19.646,200

1, 452, 160 8,004,800 3, 646, 880

636,880 2. 922, 880 2, 873, 760

567,600

46.000 460,000

46,500 920, 000

23.000 322,000

1. 498, 160 8.464,800 i8, 593.880 7l,566,8S0 2,946,880 3.105,700 i 567, 600

14,994,860

87, 578, 100

1,817,500 16,812,800

11,431,860 48, 010, C

a See Ashland dlstriot. b See Henash* district, e See Baa Claire district. dSee Cheyenne district. « See Eranston and Cheyenne dibtriots.

/The nnsurreyed lands in Bnfhlo district were not stated by counties in the report ot the district officers. a See BaflUo and Cheyenne districts. A Total in Svanston and Cheyenne districts, 5,462.460 acres. i See Buflhlo district, t See Buffalo and Bvanston districts. K See Evanston district.

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PUBLIC LANDS.

121

RECAPITULATION OF VACANT LANDS IN THE PUBLIC-LAND STATES AND TERRI- TORIES.

Sute or Territorv.

Surveyed lana.

Alabama

Aiisona.

Arkansas

California.

Colorado

Florida

Idaho...'

Towa

Xansaa

Louisiana ....

Michigan

Minncflota

Mississippi ...

Missouri

Montana

Nebraska

Nevada.

New Mexico... North Dakota

Oklahoma

Oregon

Sontb Dakota. UUh.

Unsnrveyed land.

Washington Wisconsin... Wyoming . . .

Aeret. 1,106,060 11, 088, 626 4, 1102, 320 38. 760, 56* 34,364,550 j 2, 283. 626 3,938,277 2,000 766,791 . 1.243,460

832,707 . 2, 902, 034 1,407,480 . 1,161,463 , 9,611,316 ' 11,226,684 t. 27, 316. 167 I 39,660,806 14,318,400 ' 22, 063 23. 878, 982 2. 043. 374 7, 029, 100 4, 155, 171 , 819,320 ;. 37,678,200 '

Acres. 87,' 716,' 426*

15, 172, 164 I 5,639,896 3, 840, 800

43,019,013 i 3.000 !

" 'ii5,393 i

* 4'6ii.526 -

"'66," 196,312 I

"23," 488,' 873 16,699.520 ! 16, 179, 000 a 3, 672, 640 14,894,246 l 8, 198, 124 29,176,000 15,491,145

' "ii,'43i, 860'

Total.

Aeret.

1, 105, 06» 48, 699. 062

4, 902, 82» 53. 922. 71S 39,994,446

5, 624. 426

46, 967. 290

5,000

765, 791

1,368.863 832, 707

6, 913, 564

1, 4Q7, 48»

1. 151. 463 64, 807, 627 11. 226, 584 60, 804. 640 56, 360, 326 30,497.400

3,604.698 38. 278, 228 ]0,241,49S 36. 205, 100 19, 646, 316 819. 32(^ 49, 010. 06O

In the United States 282,772.439 303,444,422 6 586,216,861

a The nnsarveyed lands in Oklahoma are in the Pablic Land Strip.

6 This aggregate is exclasive of Ohio, Indiiina, and Illinuis, in which, if any public land reniaini». it consists or a few small isolated tracts ; it is exclusive of the Cherokee Strip, containing 8,044.644 acres. and all other lands owned or claimed by the Indians in the Indian Territory west of the 96th degree of longitude, contemplate<l to be made a part of the public domain bv the fourteenth section of the act of March 2. 1RM9 (25 U. S. SUt., 1005), and it is also exclusive of Alaska, containing 577.390 square miles, or 369,520,600 acres, of which not more than 1,000 acres have been entered under the mineral lawH.

GREAT SIOUX INDIAN EESERVATION.

The following circular, iDcluding a copy of the act of Congress, ap- proved March 2, 1889, and proclamation of the President relating to the '' Great Sioax Indian Eeservation " may be of interest to the genera) pablic :

fRegisters and receivers of the United States land offices at Bismarck, K. Dak., Huron, Pierre,. Chamberlain, and Rapid city, S. Dak., and O'Neill, Nebr., March 26, 1890.)

Yoo/attention is called to the provisions of an act of Congress approved March 2, 1689 (35 Stats., 888). entitled "An act to divide a portion of the reservation of the Sioax nation of Inaians in Dakota into separate reservations and to secure the^re- Unqnfshment of the Indian title to the remaindeT, and for other purposes,'^ a copy of which is hereto attached.

The first six sections of said act set apart certain tracts for separate reservations, and do not appear to call for further remark in this commnnication.

The seventn section provides for allotments to certain members of the Santee Sioux tribe of Indians npon the reservation occupied hy them in Nebraska ; confirms all allotments to said Indians heretofore made upon said reservation, and provides for allotments, or payments in lieu thereof, to the members of the Flandreau band of Sioux Indians, and does not appear to call for further remark.

The eiehth, ninth, tenth, eleventh, and twelfth sections provide for the allotment in severalty of the lands embraced in the separate reservations established by the act, and for the purchase and disposal by the United States of lands embraced therein at some future time, and do not appear to call for further remark.

The thirteenih section provides that any Indian receiving and entitled to rations and annuities at either of the agencies mentioned in the act at the time the same shall take effect, but residing upon any portion of said great reservation not in- cluded in either of the separate reservations herein established, may, at his option.

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122 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

within a stated time, have the allotment to which he would he otherwise entitled on one of said separate reservations upon the land where such Indian may then re- side.

Yon are therefore directed to exorcise every care and precaution to prevent the en- try or Aliug for any lands in said great reservation which are in the occupancy of Indiaus entitled to allotments under the provisions of said act, which occupancy is to be protected to the full extent of the rights granted to the Indians therein. The oc- oupancy and possession of the Indians is regarded as sufficient notice of their rights to all parties concerned. You will advise all parties intending to become settlers, either as agriculturists or under the townsite laws, of the extent of the right<s of the Indians and of the impossibility of their acquiring rights in conflict therewith, and impressing on them the wrong and injustice of seeking to interfere with the Indians in their rightful occupancy ot the lands, and that they can gain nothing thereby.

To protect the Indians as fully as possible from any wrong or imposition by which they might be deprived of the benefit intended to be secured to them under the law, whether it have the character of open violence or some form of trickery and fraud, in the speciofls guise of mutual agreement for exchange of values, no purchase by white persons of the settlements or improvements of the Indians will be recognized as hav- ing any viilidity, and their right to take allotments of the land on which they reside, at their option, will be recognized and enforced whenever claimed by them within the period of one year prescribed in said section 13, notwithstanding any pretended purchase of their improvements that may be set up against their, or any allegation that may be made of their removal from the land and abandonment thereof in favor of white claimants

No- entries or filings, or any settlements, so far as you can prevent them, will be allowed upon tbat portion of said reservation which is described in the act .approved March 28, 188*2 (22 Stats., p. :J6), until the Indian title is extinguished as provided by 4aid act, and when the Indian title is so extinguished all lands described in said act not allotted thereunder '' shnll be open to settlement as provided in this act.'"

Section 14 provides for regulations whereby the use of water necessary for agricult- ural purposes upon the separate reservations provided for by the act may be secured, ^n(\ does not appear to call tor further remark.

Section ir» ratifies and makes valid all allotments of land taken within or without the limitM of any of the separate reservations established by this act, in conformity with the provisions of the treaty with the great Sioux nation, concluded April 29, 18C8 (15 Slats., 635).

Section 16 provides that the acceptance of the act shall release the Indian title to «aid great reservation, with the exceptions hereinbefore named, and also for certain railroad rights, and does not appear to call for further remark.

Section 17 provides for schools, stock, and seeds for the Indians, punishment for trading with the Indiaus, and appropriation and expenditure of a permanent fund for the Indians, and does not appear to call for further remark in this communication.

Section 18 grants to religious societies, with certain limitations, any land in said •great reservation occupied for religious purposes. Said tracts are therefore reserved n'oni dispOHal under the provisions of this act.

Section 19 provides that the provisions of the said treaty concluded April 29, 1868, not in conflict with the provisions of this act are continued in force, and section 20 provides for school houses for the Indians. Neither of these sections appears to call for further remark.

Section 21 restores to the public domain the Great Sioux Reservation, with the ex- ception of American island, which is donated to Chamberlain, S. Dak.; Farm island, which is donated to Pierre, S. Dak. ; Niobrara island, which is donated to Niobrara, Nebr. and the separate reservations described in said act, and provides for the dis- posal of said restored lands to actual settlers only, under the provisions of the home- -stead law, with certain mod ideations, and under the law relating totownsites. Pro- vision is made that each settler shall pay for the land taken by him, in addition to the fee and commissions on ordinary homesteads, $1.25 per acre for all lands disposed of withih the tirst three years after the taking eifect of the act, and the sum of 75 cents per acre for all lauds disposed of within the next two years following thereafter, and 50 cents per acrt' for the residue of the lands then undisposed of. Said additional amount should not he collected when the original entry is made, but is required to be paid when final proof is tendered.

The price which actual settlers are required to pay for said lands becomes fixed at the date of original entry, and any subsequent settler of land so entered and after- wards abandoned will be required to pay the same amount per acre as the settler who made the first entry.

Your attention is directed to the general circular issued by this office January 1, 1889, pages 13 to 30 inclusive, 42 to 57 inclusive, and 86 to 90 inclusive, as containing the homestead laws and official regulations thereunder. These laws and regulations will control your action, but modified by the special provisions of the act of March 2, 1889 (25 Stats., 854). (See circular of March 8, 1889, 8 L. D., 314.)

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Thestatate provides for the disposal of these lands " to actaal settlers under the homestead laws only f and, while providing that '* the rights of honorably discharged Union soldiers and sailors in the late civil war as defined and described in sections 2304 and 2:i05 of the Revised Statutes (see pages 24, 25, and 26, of said circular of Jan- nary 1, 1889) shall not be abridged," except as to the said additional payment, makes no mention of sections 2306 and 2307 thereof^ nnder which soldiers and sailors, their widows and oriiban children, are permitted, with regard to the public lands gener- ally, to make additional entries, in certain cases, free from the reqtrirement of actual settlement on the entered tract. (Seepages 26 and 27 of said circular.) it is there- fore held that soldiers^'or sailors' additional entries can not he made on these late under said sections 2306 and 2307 unless the party claiming will, in addition to the proof required on pages 26 and 27 of said circular, make affidavit that the entry is made for actual settlement and cultivation, according to section 2291, as modified by sections 2304 and 2305 of the Revised Statutes ; and the prescribed proof of compliance therewith will be required to be prodnced, and the additional pay»nent prescribed by this act will be required to be made, before the issue of final certificate.

It is provided in the statute that section 2301 of the Revised Statutes shall not ap- ply to these lands. (See pages 19 and 68 of said circular of January 1, 1889.) There- fore, entries made thereon will not be subject to commutation under that section.

In allowing entries under the townsite laws ^ou will be governed by the laws and regulations as contained in the circular of instructions relative to townsites on public lands of July 9, 1^86.

You are instructed to report filings and entries upon said lands in a separate, dis- tinct, and consecutive series, and on separate abstracts, commencing with R. &, R. No. 1, in each series, and report and account for the money received on account thereof in separate monthly and qnajrterly retuins.

Provision is alst) made in said section 21 of this act for the purchase by the govern- ment of lands unsold at the end of ten years from the taking effect of the act, for the reservation of highways around every section of said lands, and for the removal of Indians from the islands named in the section ; but these do not appear to call for fur- ther remark.

Section 22 provides for the disposition of the proceeds of sales of said lands, and does .not appear to call for further remark.

Section 23 provides for entry, under the homestead, preemption, or townsite laws, within ninety days after the taking effect of the act, by parties who, between Feb- raary 27, lH8f), and April 17, 1885, entered upon or made settlements with intent to enter the same, under said laws, upon certain lands of said great reservation therein named ; but such settlers are required to comply with the laws regulating such entries, and, as to homesteads, with the special provisions of the act, before obtaining title to the lands, and pre-emptiou claimants are required to reside on their lands the same length of time, before procuring title, as homestead claimants nnder this act.

You will therefore require each applicant under the provisions of this section to show by affidavit, corroborated by two witnesses, that he is qualified to make entry under said provisions, giving in full all the facts in connection with his alleged entry or settlement between said dates.

Section 24 reserves sections 16 and 36 in every township of said lands for the use and benefit of the public schools. You will therefore allow no entries or filings upon said sections.

Section 25 appropriates money for the survey of said lands; section 26 provides that all expenses for the survey, platting, and disposal of said lands shall be borne by the United States; section 27 appropriates money to pay for ponies taken from the In- dians; section 2--^ declares the method by which the act shall become effective; sec- tion 29 appropriates money to be used in obtaining the ansent of he Indians to the provisions of the act; and section 30 repeals all acts or parts of acts inconsistent with the provisions of the act. None of these sections appear to call for further remark.

It is thought that the foregoing will be found sufficient for your guidance in any cases that may ari8e, but should cases containing exceptional features arise you will snbmit the same for special instructions.

Approved :

John W. Noble,

Seci'eiary.

[Public— No. 148.]

AN ACT to divide a portion of the reservation of the Sioux nation of Indiana in Dakota into sep- arate reservations and to Af'cure the relinquishment of the Indian title to the remainder, and tor other purposes.

Be it enactedhy the Senate and House of Reprenentatir&i of the United Siateft of Amerioa in Congress assembled, That the following tract of land, being a part of the great res- ervation of the Sioux nation, in the Territory of Dakota, is hereby set apart for a

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124 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

permauent reservation for the Indians reoeivinfi; rations and annuities at the Pine Ridge agency, in the Territory of Dakota, namely : Beginning at the intersection of the one hundred and third meridian of longitude with the northern boundary of the State of Nebraska ; thence north along said meridian to the sonth fork of the ' Cheyenne river, and down said stream to the mouth of Battle creek; thence due east to White river ; thence down White river to the mouth of Black Pipe creek on White river; thnnce due south to said north line of the State of Nebraska ; thence west on said nor^h line to the place of beginning. Also the following tract of land situate in the State of Nebraska, namely : Beginning at a point on the boundary line . between the State of Nebraska and theTerritory of Dakota where the range line be- tween ranges forty-four and forty -five west of "the sixth principal meridian, in the Territory of Dakota, intersects said boundary line ; thence east Hlong said boundary line five miles; thence due south five miles ; thence due west ten miles; thence due north to said boundary line ; thence due east along said boundary line to the place of beginning : Provided, That the said tract of laud in the State of Nebraska shall be reserved, by Executive order, only so long as it may be needed for the use and pro- tection of the Indians receiving rations and annuities at the Pine Ridge agency.

Sbc. 2 That the following tract of land, being a part of the said great reservation of the Sioux nation, in the Territory of Dakota, is hereby set apart for a permanent reservation for the Indians receiving rations and annuities at the Rosebud agency, in said Territory of Dakota, namely : Commencing in the middle of the main channel of the Missouri river at the intersection of the south line of Brule county; thence down said middle of the main channel of said river to the intersection of the ninety- ninth degree of west longitnde.from Greenwich ; thence due south to the forty-third parallel of latitude; thence west along said parallel to a point due south from the mouth of Black Pipe creek; thence due north to the month of Black'Pipe creek; thence down White river to a point intersecting the west line of Gregory county extended north ; thence south on said extended west line of Gregory county to the intersection of the south line of Brule county extended west; thence due east on said south line of Brule county extended to the'point of beginning in the Missouri river, including entirely within said reservation all islands, if any, in said river.

Sec. *X That the following tract of land, being a part of the said great reservation of the Sioux nation, in the Territory of Dakota, is hereby set apart for a permanent reservation for the Indians receiving rations and annuities at the Standing Rock agency, in the said Territory of Dakota, namely; Beginning at a point in the center of the main channel of the Missouri river, opposite the mouth of Cannon Ball river; thence down said center of the main channel to a point ten miles north of the mouth of the Moreau river, including also within said reservation all islands, if any, in said river; thence due west to the one hundred and second degree of west longitude from Greenwich ; thence north along said meridian to it^ intersection with the south branch of Cannon Ball river, also known as Cedar creek ; thence down said south branch of Cannon Ball river to its intersection with the main Cannon Ball river, and down said main Cannon Ball river to the center of the main channel of the Missouri river at the place of beginning.

Sec. 4. That the following tract of land, being a part of the said great reserva- tion of the Sioux nation, in the Territory of Dakota, is hereby set apart for a perma- nent reservation for the Indians receiving rations and annuities at the Cheyenne river agency, in the said Territory of Dakota, namely; Beginning at a point m the center of the main channel of the Missouri river ten miles north of the month of the Moreau river, said point being the southeastern corner of the Standing Rock reeer- vation; thence down said center of the main channel of the Missouri river, indading also entirely within said reservation all islands, if any, in said river, to a point oppo- site the mouth of the Cheyenne river; thence west to said Che;j;renne river, ana np the same to its intersection with the one hundred and second meridian of longitude ; thence north along said meridian to its intersection with a line dne west from a point in the Missouri river ten miles north of the month of the Moreau river; thence dne east to the place of beginning.

Sec. 5, That the foUowing tract of land, being a part of the said great reserva- tion of the Sionx nation, in the Territory of Dakota, is hereby set apart for a perma- nent reservation for the Indians receiving rations and annuities at the Lower Brule agency, in said Territory of Dakota, namely: Beginning on the Missouri river at Old Fort George ; thence running due west to the western boundary of Presho county; thence running south on said western boundary to the forty-fourth degree of latitude ; thence on said forty-fourth degree of latitude to western boundary of town^^hip num- ber seventy- two; thence south on said township western line to an intersecting line running due west from Fort Lookout: thence eastwardly on said line to the center of the main channel of the Missouri river at Fort Lookout; thence north in the center of the main channel of the said river to the original starting point.

Sec. 6. That the following tract of land, being a part of the great reservation of the Sioux nation, in the Territory of Dakota, is hereby set apart for a permanent reserva-

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tion for the Indians receiving rations and annuities at the Crow Creek agency, in said Territory of Dakota, namely : The whole of township one hundred and six, range seventy ; township one hundred and seven, range seventy -one j township one hundred and eight, range seventy-one ; township one hundred and eight, range seventy-two ; township one hundred and nine, range seventy-two, and the south half of township one hundred and nine, range seventy -one, and all except sections one, two, three, four, nine, ten, eleven, and twelve of township one hundred and seven, range seventy, and such parts as lie on the east or left hank of the Missouri river, of the following townships, namely : Township one hundred and six, range seventy-one ; township one hundred and seven, range seventy-two; township one hundred and eight, range seventy-three ; township one hundred and eight, range seventy-four ; township one hundred and eight, range seventy-five ; township one hundred and eight, range seventy-six; township one hundred and nine, range seventy-three; township one hundred and nine, range seventy -four; south half of township one hundred and nine, range seventy-fiVe, and township one hundred and seven, range seventy-three; also the west half of towi^ship one bnndred and six, range sixty-nine, and sections six- teen, seventeen, eighteen, nineteen, twenty, twenty- one, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, and thirty-three, of township one hundre<l and seven, range sixty- nine.

Sec. 7. That each member of the Santee Sioux tribe of Indians now occupying a reservation in the State of Nebraska not having already taken allotments shall be entitled to allotmeots upon said reserve in Nebraska as follows: To each head of a family, one-quarter of a section ; to each single person over eighteen years of age, one-eighth of a section ; to each orphan child under eighteen years, one-eighth of a section ; to each other person under eighteen years of age now living, one-sixteenth of a section ; with title thereto, in accordance with the provisions of article six of the treaty concluded April twenty-ninth, eighteen hundred and sixty-eight, and the agreement with said Santee Sioux approved February twenty-eighth, eighteen hun- dred and seventy-seven, and rights under the same in all other respects conforming to this act. And said Santee Sioux shall be entitled to all other benefits under this act in the same manner and with the same conditions as if they were residents upon said Sioux Reservation, receiving rations at one of the agencies herein named : Pro- vidtdf That all allotments heretofore made to said Santee Sioux in Nebraska are here- by ratified and confirmed; and each member of the Flandreau band of Sioux Indians is hereby authorized to take allotments on the Qreat Sioux Reservation, or in lieu therefor shall be paid at the rate of one dollar per acre for the land to which they would be entitled, to be paid out of the proceeds of lands relinquished under this act, which shall be used under the direction of the Secretary of the Interior ; and said Flandreau band of Sionx Indians is in all other respects entitled to the benefits of this act the same as if receiving rations and annuities at any of the agencies afore- said.

Sec. 8. That the President is hereby aathorlzed and required, whenever in his opinion any reservation of such Indians, or any part thereof, is advantageous for agricultural or gra^ng purposes, and the progress in civilization of the Indians re- ceiving rations on either or any of said reservations shall be' such as to encourage the belief that an allotment in severalty to such Indians, or any of them, would be for the best interest of said IndianSi to cause said reservation, or so much thereof as is necessary, to be surveyed, or resurveyed, and to allot the lands in said reservation in severaltv to the Indians located thereon as aforesaid, in quantities as follows : To each head of a family, three hundred and twenty acres ; to each single person over eighteen years of age, one-fourth of a section ; to each orphan child under eighteen years of age, one-fourth of a section ; and to each other person under eighteen j^ears now living, or who may be born prior to the date of the order of the President direct- ing an allotmemt of the lands embraced in any reservation^ one-eighth of a section. In cane there is not sufiQcient land in either of said reservations to allot lands to each individual of the classes above named in quantities as above provided, the lands em- braced in such reservation or reservations shall be allotted to ea6h individual of each said classes pro rata in accordance with the provisions of this act : Provided, That w^here the lands on any reservation are mainly valuable for grazing^ purposes, an addi- tional allotment of such grazing lands, in quantities as above provided, shall be made to each individual ; or in case any two or more Indians who may be entitled to allot- ments shall so agree^ the President may assign the grazing^ lands to which they may be entitled to them m one tract, and to be held and used in common.

Sec. 9. That all allotments set apart under the provisions of this act shall be selected by the Indians, heads of families selecting for their minor children, and the agents shall select for each orphan child, and in such manner as to embrace the im- provements of the Indians making the selection. Where the improvements of two or more Indians have been made on the same legal subdivision ot land, unless they shall otherwise agree, a provisional line may be run dividing said lauds between them, and the amount to which each is entitled shall be equalized in the assignment

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126 REPORT OP COMMISSIONER OF GENERAL LAND OFFICE.

of the remainder of the land to which they are entitled under this act : Providtd, That if any one entitled to au allotment shall fail to make a selection within ^y^ years after the President ^all direct that allotments may he made on a particular reservation, the Secretary of the Interior may direct the afent of such tribe or band, if such there be, and if there be no agent, then a special agent appointed for that purpose, to make a selection for such Indian, which selection shall be allotted as in cases where selections are made by the Indians, and patents shall issue in like man- ner : Provided, That these sections as to the allotments shall not be compulsory with- out the consent of the majority of the adult members of the tribe, except that the ^allotments shall be made as provided for the orphans.

Skc. 10. That the allotments provided for in this act shall be made by special agents appointed l)y the President for such purpose, and the agents in charge of the respective reservations on which the allotments are directed to be made, under Nucb rules and rcgiilatious as the Secretary of the Interior may from time to time prescribe, and shall be certitied b^siich agent«to the Commissioner of Indian Affairs, in duplicate, one copy to be retained in the Indian OflSce and the other to be trans- mitted to the Secretary of the Interior for his action, and to be deposited in the Gen- eral Land Otlice.

Sec. 11. That upon the approval of the allotments provided for in this act by the Secretary of the Interior, he shall cause patents to issue therefor in the name of allottees, which patents shall bo of the legal effect, and declare that the United States does and will hold the lands thus allotted for the period of twenty -five years, in trust, for the solo use and benefit of the Indian to whom such .-illotment shall have been made, or, in case of his decease, of his heirs according to the laws of the State or Territory where such land is located, and that at the expiration of said period the United States will convey the same by patent to said Indian, or his heirs, as afore- said, in fee, dischaiged of said trust and free of all charge or incumbrance whatso- ever, and patents shall issue accordingly. And each and every allottee under this act shall be entitled to all the rights and privileges and be subject to all the provisions of section six of the act approved February eighth, eighteen hundred and eighty- seven, entitled **An act to provide for the allotment of lands in severalty to Indians on the various reservations, and to extend the pnpt43ction of the laws of the United States and the Territories over the Indians and for other purposes." Provided^ That the President of the United States may in any case, in his discretion, extend the period by a term not exceeding ten years j and if any lease or conveyance shall be made of the lands set apart and allotted as herein provided, or any contract made touching the same, before the expiration of the time above mentioned, such lease or convevance or contract shall be absolutely null and void : Provided, furtlicr^ That the law oi descent and partition in force in the State or Territory where the lands may be situated shall apply thereto after patents therefor have been executed and de- livered. Each of the patents aforesaid shall be recorded in the General LandOfhce, and afterward delivered, free of charge, to the allottee entitled thereto.

Sec. 12. That at anytime after lands have been allotted to all the Indians of any tribe as herein provided, or sooner, if in the opinion of the President it shall be for the best interests of said triUe, it shall be lawful for the Secretary of the Interior to ne^- tiate with such Indian tribe for the purchase and release by said tribe, in conformity with the treaty or statute under which such reservation is held, of snch portions of its reservation not allotted as such tribe shall, from time to time, consent to sell, on such terms and conditions as shall be considered just and equitable l^etween the United States and said tribe of Imlians, which purchase shall not be completed until ratified by Congress: Provided, hmveref\ That ail lands adapted to agricnlture, with or without irrigation, so sold or released to the United States by any Indian tribe, shall bo held by the United States for the sole purpose of securing homes to actual settlers, and shall be disposed of by the United States to actual and bona fide settlers only in tracts not exceeding one hundred and sixty acres to any one person , on such terms as Congress shall prescribe, subject to grants which Congress may make in aid of education : And provided, further. That no patents shall issue therefor except to the person so taking the same as and for a homestead, or bis heirs, and after the expiration of five years' occupancy thereof as such homestead; and any ounveyance of said lands so taken as a homestead, or any contract touching the same, or lien thereon, created prior to the date of such patent, shall be null and void. And the sums agreed to be paid by the United States as purchase money for any portion of any such reservation shall he held in the Treasury of the United States for the sole use of the tribe or tribes of Indians to whom such reservation belouged ; and the same, with interest thereon at five per centum per annum, shall be at all times subject to appropriation by Congress for the education and civilization of snch tribe or tribes of Indians, or the members thereof. The patents aforesaid shall be recorded in the General Land Office, and afterward delivered, free of charge, to the allottee entitled thereto.

Sec. 13. That any Indian receiving and entitled to rations and anualties at either

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of the agencies luentioued in this act at the time the same shall take effect. but*re- slding upon any portion of said great reservation not included in either of tne sepa- rate reservations herein established, may, at his option, within one year from the time when this act shall take effect, and within one year after he has been notified of his said right of option in such manner as the Secretary of the Interior shall direct by recording his election with the proper agent at the agency to which he belongs, have the allotment to which he would be otherwise entitled on one of said separate reser- vations upon the land where such Indian may then reside, such allotuieutin all other respects to conform to the allotments hereinbefore provided. Each member of the Pouca tribe of Indians now occupying a part of the old Ponca Reservation, within the limits of the said Great Sioux Reservation, shall be entitled to allotments upon ' said old Ponca Reservation as follows: To each head of a family, three hundred and twenty acres; to each single person over eighteen years of age, one-fourth of a sec- tion ; to each orphan child under eighteen years of age, one-fourth of a section ; and to each other person under eighteen years of age now livinc:, one-eighth of a section^ with a title thereto and rights under the same in all other respects conforming to this act. And said Poncas shall be entitled to all other benetits under thiH act in the same manner and with the same conditions as if they were part of the Sioux nation re- ceiving ratiouH at one of the agencies herein named. When allotments to the Ponca tribe of Indians and to such other Indians as allotments are provided for by this act shall have been made upon that portion of said reservation which is described in the act entitled '^An act to extend the northern boundary of the State of Nebraska, '' ap- proved March twenty-eighth, eighteen hnndred and eighty-two, the President shall^ in pursuance of said act, declare that the Indian title is extinguished to all lands de- scribed in said act not so allotted hereunder, and thereupon all of said land not so allotted and included in said act of March twenty-eighth, eight>een hundred and eighty- two, shall be open to settlement as provided in this act : Provided^ That the allot- ments to Ponca and other Indians authorized by this act to be made upon the land described in the said act entitled ^'An act to extend the northern boundary of the State of Nebraska " shall be made within six months from the time this act shall take effect.

Sec. 14. That in cases where the use of water for irrigation is necessary to render the lauds within any Indian reservation created by this act available for agricultural purposes, the Secretary of the Interior be, and he is hereby, authorized to prescribe such rules and regulations as he may deem necessary to secure a just and equal dis- tribution thereof among the Indians residing upon any such Indian reservation created by this act ; and no other appropriation or grant of water by any riparian proprietor shall be authorized or permitted to the damage of any other riparian proprietor.

Skc. 15. That if any Indian has, under and in conformity with the provisions of the treaty with the great Sioux nation concluded April twenty-ninth, eighteen hundred and sixty-eight, and proclaimed by the President February twenty-fourth, eighteen hundred and sixty- nine, or any existing law, taken allotments of land within or with- out the limits of any of the separate reservations established by this act, such allot- ments are hereby ratified and made valid, and such Indian is entitled to a patent therefor in conformity with the provisions of said treaty and existing law and of the provisions of this act in relation to patents for individual allotments.

Skc. 16. That the acceptance of this act by the Indians in manner and form as re- quired by the said treaty concluded between the different bands of the Sioux nation of Indians and the United States, April twenty-ninth, eighteen hundred and sixty- eight, and proclaimed by the President February twenty- fourth, eighteen hnndred and sixty-nine, as hereinafter provided, shall be taken and held to be a release of all title, on the part of the Indians receiving rations and annuities on each of the said separate reservations, to the lands described in each of the other separate reserva- tions so created, and shall be held to confirm in the Indians entitled to receive rations at each of said separate reservations, reiqieotively, to their separate and exclusive use and benefit, all the title and interest of every name and nature secured therein to the different bands of the Sioux nation by said treaty of April twenty-ninth, eighteen hundred and sixty-eight. This release shall not affect the title of any individual In- dian to his separate ulotment on land not included in any of said separate reserva- tions provided for in this act, which title is hereby confirmed, nor any agreement heretofore made with the Chicago, Milwaukee and Saint Paul Railroad Company or the Dakota Central Railroad Company for a right 'of way through said reservation, and for any lands acquired by any such agreement to be used in connection therewith^ except as hereinafter provided ; but the Chicago, Milwaukee and Saint Paul Railway Company and the Dakota Central Railroad Company shall, respectively, have the right to take and nse, prior to any white person and to any corporation, the right of way provided for in said agreements, with not to exceed twenty acres of land in ad- dition to the right of way, for stations for every ten miles of road ; and said companies shall also, respectively, have the right to take and nse for right of way, side-track, depot, and station privileges, machine-shop, freight-house, round-house, and yard facilities, prior to any white person and to any corporation or association, so much

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128 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

of the two separate sections of land embraced in said agreements; also, the former company so much of the one hundred and eighty-eight acres, and the latter company so much of the seventy-five acres, on the east side of the Miasonri river, likewise em- braced in said agreements, as the Secretary of the Interior shall decide to have been agreed upon ana paid for by said railroad, and to be reasonably necessary upon each side of said river for approaches to the bridge of each of said' companies to be con- structed across the river, for right of way, side-track, depot and station privileges, machine-shop, freight-house, round-house, and yard facilities, and no more: ProvQed, That the said railway companies shall have made the payments accordiug to the terms of said agreements for each mile of right of way and each acre of land for rail- way purposes, which said companies take and use under the provisions of this act, and shall satisfy the Secretary of the Interior to that eflfect : Provided, further j That no part of the lands herein authorized to be taken shall be sold or conveyed except by way of sale of. or mortgage of the railway itself. Nor shall any of said lands be used directly or indirecuy for townsite purposes, it being the intention hereof that said lands shall be hold for general railway uses and purposes only, including stock yards, warehouses, elevators, terminal and other facilities of and Vor said railways ; but nothing herein contained shall be construed to prevent any such railroad com- pany from building upon such lands houses for the accommodation or residence of their employes, or leasing grounds contiguous to its tracks for warehouse or elevator purposes connected with said railways: And j^rovided, further j That said payments shall be made and said conditions performed within six' months after this act shall take eflfect: And provided, further^ That said railway companies and each of them shall, within nine montlis after this act takes elfect, definitely locate their respective lines of road, including all station grounds and terminals across and upon the lands of said reservation designated in said agreements, and shall also, within the said period of nine months, hie with the Secretary of the Interior a map of such definite location, specifying clearly the line of road, the several station grounds and the amount of laud required for railway purposes, as herein specified, of the said separate sections of land and said tracts of one hundred and eighty-eight acres and seventy- five acres; and the Secretary of the Interior shall, within three months after the filing of such map, designate the particular portions of said sections and of said tracts of land which the said railway companies, respectively, may take and hold under tha provisions of this act for railway purposes. And the said railway companies, and each of them, shall, within three years after this act takes effect, construct, complete, and put in operation their said lines of road; and in case the said lines of road are not definitely located and maps of location filed within the periods hereinbefore pro* vided, or in case the said lines of road are not constructed, completed, and put in operation within the time herein provided, then, and in either case, the lands granted for right of way, station grounds, or other railway purposes, as in this act provided, shall, without any further act or ceremony, be declared by prdclamation of the Presi- dent forfeited, and shall, without entrv or further action on the part of the United States, revert to the United States and be subject to entry under the other provisions of this act ; and whenever such forfeiture occurs the Secretary of the Interior shall ascertain the fact and give due notice thereof to the local land oflacers, and there- upon the lands so forfeited shall be open to homestead entry under the provisions of this act.

Sec. 17. That it is hereby enacted that the seventh article of the said treaty of April twenty-ninth, «>ighteen hundred and sixty-eight, securing to said Indians the benefits of education, subject to such modifications as Congress shall deem most effect- ive to secure to said Indians equivalent benefits of such education, shall continue in force for twentv years from and after the time this act shall take effect ; and the Secretary of the Interior is hereby authorized and directed to purchase, from time to time, for the use of said Indians, such and so many American breeding cows of good quality, not exceeding twenty-five thousand in nu'.uber, and buUsofliKe quality, not exceeding one thousand in number, as in his Judgment can be under regulations fur- nished by him, oared for and preserved, with their increase, by said Indians : PrO' videdf That each head of familv, or single person over the age of eighteen years, who shall have or may hereafter take his or her allotment of land in severalty, shall be provided with two milch cows, one pair of oxen, with yoke and chain, or two mares and one set of harness in lieu of said oxen, yoke, wd chain, as the Secretary of the Interior may deem advisable, and they shall a^so receive one piow, one wagon, one harrow, one hoe, one ax, and one pitchfork, all suitable to the work they may have to do, and also fifty dollars in cash ; to be expended under the direction of the Sec- retary of the Interior in aiding such Indians to erect a house and other buildings suitable for residence or the improvement of his allotment; no sales, barters, or bar- gains shall be made by any person other than said Indians with each other, of any of the personal property nereiub«-fore provided for, and any violation of this pro- vision shall be deemed a misdemeanor, and punished by fine not exceeding one hun- dred dollars, or imprisonment not exceeding one year, or both, in the discretion of

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the court : That for two years the uecessHry seeds shall be provided to plant five acres of ground into different crops, if ho much can be used, and provided that in purchase of such seed preference shall be given to Indians who may have raised the same for sale, and so much money as shall be necessary for this purpose is hereby appropriated out of any mouey in the Treasury not otherwise appropriated; and in addition thereto there shall be set apart> out of any money in the Treasury not otherwise appropriated, the sum of three millions of dollars, which said sum shall be deposited in the Treasury of thelJnited States to the credit of the Sioux nation of Indians as a permanent fund, the interest of whicli, at five per centum per annum, shall be appropriated, under the direction of the Secretary of the Interior, to the use of the Indians receiving rations and annuities upon the reservations created by this act, in proportion to the numbers that shall so receive rations and annuities at the time this act takes effect, as follows : One-half of said interest shall be so expended for the promotion of industrial and other suitable education among said Indians, and the other half thereof in such manner and for such purposes, iucluding reasonable cash payments per capita, as, in the judgment of said Secretary, shall, from time to time, most contribute to the advancement of said Indians in civilization and self-sup- port ; and the Santee Sioux, the Flandreau Sioux, and the Ponca Indians shall be included in the benefits of said permanent fund, as provided in sections seven and thirteen of this act: Promdtdy That after the government has been reimbursed for the money expended for said Indians under the provisions of this act, tbe Secretary of the Interior may, in his discretion, expend, in addition to the interest of the per- manent fund, not to exceed ten per centum per annum of the principal of said fund, in the employment of farmers and in the purchase of agricultural implements, teams, seeds, including reasonable cash payments per capita, and other articles necessary to assist them in agricultural pursuits; and he shall report to Congress in detail each year his doings hereunder. And at the end of fifty years from the passage of this act, said fand shall be expended for the purpose of promoting education, civilization, and self-support among said Indians, or otherwise distributed among them as Congress shall from time to time thereafter determine.

Sec. 18. That if any land in said Great Sioux Reservation is now occnnied and used by any religious society for the purpose of missionary or educational worK among said Indians, whether situate outside of or within the lines of any reservation constituted by this act, or if any such land isso occupied upon the Santee Sioux Reservation, in Ne- braska, the exclusive occupation and use of said land, not exceeding one hundred and sixty acres in any onetract, ishereby, with the approval of the Secretary of the Interior, granted to any such society so long as the same shall be occupied and used by such society for educational and missionary work among said Indians; and the Secretary of the Interior is hereby authorized and directed to give to such religious society pat- ent of such tract of land .to the legal effect aforesaid ; and for the purpose of such ed- ucational or missionary work any such society may purchase, upon any of the reservations herein created, any land not exceeding in any one tract one hundred and sixty acres, not interfering with the title in severalty of any Indian, and with the approval of aibd upon such terms, not exceeding one dollar and twenty-five cents an acre, as shall be prescribed by the Secretary of the Interior. And the Santee Normal Training School may, in like manner, purchase for such educational ormissionary work on the Santee Reservation, in addition to the foregoing, in such location and quantity, not exceeding three hundred and twenty acres, as shall be approved by the Secretary of the Interior.

Skc. 19. That all the provisions of the said treaty with the different bands of the Sioux nation of Indians concluded April twenty-ninth, eighteen hundred and sixty- eight, and the agreement with the same approved February twenty-eighth, eighteen hundred and seventy-seven, not in conflict with the provisions and requireAients of this act, are hereby continued in force according to their tenor and limitation, any- thing in this act to the contrary notwithstanding.

Sec. 20. That the Secretary of the Interior shall cause to be erected not less than thirty school-houses, and more, if found necessary, on the different reservations, at such points as he shall think for the best interest of tbe Indians, but at such distance only as will enable as many as possible attending schools to return home nights, as white children do attending district schools : And providtdf That any white children residing in the neighborhood are entitled to attend the said school on such terms as the Secretary of the Interior may prescribe.

Sec. 21. That all the lands in the Great Sioux Reservation outside of the separate reservations herein described are hereby restored to the public domain, except Amer- ican island, Farm island, and Niobrara island, and shall be disposed of by the United States to actual settlers ouly, under the provisions of the homestead law (ex- cept section two thousand three hundred and one thereof) and under the law relating to townsites: Promded, That each settler, under and in accordance with tbe provis- ions of said homestead acts, shall pay to the United States, for the land so taken by him, in addition to tbe fees provided by law, the sum of one dollar atd twenty five

9405 L o 9

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cents per acre for all lands disposed of within the first three years after the taking effect of this act, and the sum of seventy-five cents per acre for all lands disposed of within the next two years following thereafter, and fiftv cents per acre for the resl- dne of the lands then undisposed of, and shall be entitled to a patent therefor accord- ing to said homestead laws, and arber the fnll payment of said sams: but tbe rights of nonorably discharged Union soldiers and sailors in the late civil war, as denned and described in sections twenty-three hundred and fonr and twenty-three hundred and five of the Revised Statutes of the United States, shall not. be abridged, except as to said snms: Promded, That all lands herein opened to settlement under this act remaining undisposed of at the end of ten years from the taking effect of this act shall be taken and accept«^d by the United States and paid for b^ said United States at fifty cents per acre, which amount shall be added to and credited to said Indians as part of their permanent fund, and said lands shall thereafter be part of the public aomain of the United States, to be dinposed of under the honientead laws of the United States, and the provisions of this act ; and any conveyance of said lands so taken as a homestead, or any contract touching the same, or lien thereon, created prior to the date of final entry, shall be null and void : Pravidedy That there shall be reserved public highways four rods wide around every section of land allotted, or opened to settlement by this act, the section lines being the center of said highways; but no deduction shall be made in the amount to be paid for each quarter-section or land by reanon of such reservation. But if the said highway shall be vacated by any competent authority the title to the respective strips shall inure to the then owner of the tract of which it formed a part by the original survey : And provided, further. That nothing in this act contained shall be so construed as to affect the right of Con* gress or of the government of Dakota to establish public highways, or to grant to railroad companies the right of way through said lands, or to exclude the said lands, or any thereof, from the operation of the general laws of the United States now in force granting to railway companies the right of way and depot grounds over and upon the public lands. American island, an island in the Missouri river, near Cham- berlain, in the Territory of Dakota, and now a part of the Sioux Reservation, is hereby donated to the said city of Chamberlain : Provided^ further, That said city of Chamoerlain shall formally accept the same within one year from the passage of this act, upon the express condition that the same shall be preserved and used for all time entire as a public park, and for no other purpose, to which all persons shall have free access ; and said city shall have authority to adopt all proper rules and regulations for the improvement and care of said park ; and upon the failure of any of said conditions the said island shall revert to the United States, to be disposed of by future legislation only. Farm island, an island in the Missouri river near Pierre, in tbe Territory of Dakota, and now a part of the Sionx Reservation, is hereby donated to the said city of Pierre : Provided, further, That said city of Pierre shall formaUy accept the same within one year from the passage of this act, upon the express condition that the same shall he preserved and used for all time entire as a public park, and for no other purpose, to which all persons shall have free access ; and said city shall have authority to adopt all proper rules and regulations for the improvement and care of said pilrk ; and upon the failure of any of said conditions the said island shall, revert to the United States, to be disposed of by future legislation only. Niobrara islaud, an island in the Nio- brara river, near Niobrara, and now apart of the Sioux Reservation, is hereby donated to the said city of Niobrara : Provided, further, That the said city of Niobrara shall for- mally acrept the same within one year from the passage of this act, upon the express condition that tbe same s' all be preserved and used for all time entire as a pnblic park, and for no other purpose, to which all persons shall have free access; :ind said city shall have authority to adopt all proper rules and regulations for the improvement and care of said park; and upon the failure of any of s:iid conditions the said island shall revert to the United States, to be disposed of by future legislation only : And provided, further. That if any full or mixed blood Indian of the Sioux nation shall have lo'^ated upon Farm island, American iHland, or Niobrara island before the date (if the paitsage 01 this act, it shall be the duty of the Secretary of the Interior, within three months from the time this act shall have taken effect, to cause all improvements made by any such Indian so located upon either of said islands, and all damage that may accrue to him by a removal therefrom, to be appraist^d, and upon the payment of the sum so determined, within six months after notict» thereof by the city to which the island is herein donated to such Indian, said Indian shall be required to remove from said island, and shall be entitled to select instead of such location his allotment according to the provisions of this act upon any of the reservations herein established, or upon any land open to settlement by this act not already located upon.

Sec. 22. That all money accruing from the disposal of lands in conformity with this act shall be paid into the Treasury of the United States and be applied solely as fol- lows : First, to the reimbursement of the United States for all necessary actual expend- itures contemplated and provided for under the provisions of this act, and the crea-

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tion of the permanent fand hereinbefore provided ; and after saoh reimbnrsement to the increase of said permanent fand for the purposes hereinbefore provided.

Sec. 23. That all persons who, between the twenty Reventh day of Febrnary, eighteen hundred and eighty-five, and the seventeenth day of April, eighteen hundred and eighty-five, in good faith, entered upon or made settlements with intent to enter the same under the homestead or pre-emption laws of the United States upon any part of the Great Sioux Reservation lying east of the Missouri river, and known as the Crow Creek and Winnebago Reservation, which, by the President's proclamation of date February twenty-seventh, eighteen hundred and eighty-five, was declared to be open to settlement, and not included in the new reservation established by section six of this act, and who, being otherwise legally entitled to make such entries, located or attempted to locate thereon homestead, pre-emption, or towns! te claims, by actual settlement and improvementof any portion of such lands, shall, for a period of ninety days after the proclamation of the President required to be made by this act, have a right to re-enter upon said claims and procure title thereto under the homestead or pre-emption laws of the United States^ and complete the same as required therein, and their said claims shall, for such time, have a preference over later entries; and when tbev shall have in other respects shown themselves entitled and shall have com- plied with the law regulating such entries, and, as to homesteads, with the special provisions of this act, they shall be entitled to have said lands, and patents therefor shall be issued as in like cases : Providedt That pre-emption claimants shall reside on their lands the same length of time before procnring[ title as homestead claimants under this act. The price to be paid for townsite entrie-M shall be such as is required by law in other cases, and shall be paid into the general fund provided for by this act.

Sec. *M, That sections sixteen and thirty-six of each township of the lands open to settlement under the provisions of this act, whether surveyed or unsurveyed, are hereby reserve<l for the use and benefit of the public schools, as provided by the act organiz- ing the Territory of Dakota ; and whether surveyed or unsurveyed said sections shall not be subject to claim, settlement, or entry under the provision of this act or any of the land laws of the United States : Provided, however, That the United States shall pay to said Indians, ont of any moneys in the Treasury not otherwise appropriated, the sum of one dollar and twenty-five cents per acre for all lands reserved under the pro- visions of this section.

Sec. :^. That there is hereby appropriated the sum of one hundred thousand dollars, out of any money in the Treasury not otherwise appropriated, or so much thereof as mav be necessary, to be applied and used towards surveying the lands herein described as being open for settlement, said sum to be immediately available; which sum shalk not be deducted from the proceeds of lands disposed of under this act.

Sec. 26. That all expenses for the surveying, platting, and disposal of the lands open to settlement under this act shall be borne by the Unit-ed States, and not deducted from the proceeds of eaid lands.

Sec. 27. That the sum of twenty-eight thousand two hundred dollars, or so much thereof as may be necessary, be and hereby is appropriated ont of any money in the Treasury not otherwise appropriated, to euable the Secretary of the Interior to pay to such individual Indians of tlie Red Cloud and Red Leaf bands of Sioux as he shall ascertain to have been deprived l)y the aatbority of the United States of ponies in the year eighteen hundred and seventy-six, at the rate of forty dollars for each pony ; and he is hereby authorized to employ such agent or agents as he may deem uecessary in ascertaining such facts as will enable him to carry out this provision, and to pay them therefor such sums as shall be deemed by him fair and Just compensation : Pro- vided, That the sura paid to each individnal Indian under this provision shall be taken and accepted by such Indian in full compensation for all loss sustained by such Indian in consequence of the taking from him of ponies as aforcHaid ; And provided, further , That if any Indian entitled to such compensulion shall have deceased, the sum to which such Indian would be entitled shall be paid to his heirs-at law, according to the laws of the Territory of Dakota.

Sec. 2^, That this act shall take effect only upon the acceptance thereof and con- sent thereto by the dilferent bands of the Sioux nation of Indians, in manner and form -prescribed by the twelfth article of the treaty between the United States And said Sioux Indians concluded April twenty-ninth, eighteen hundred and sixty-eight, V hich said acceptance and consent shall be made known by proclamation by the President of the United States, upon satisfactory proof presented to him that the same has been obtained in the manner and form required by said twelfth article of said treaty; which proof shall be presented to him within one year from the passage of this act ; and upon failure of such proof and proclamation this act becomes of no efiect and null and void.

Skc. 29. That there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of twenty-five thousand dollars, or so much thereof as may be necessary, which sum shall be expended, under the direction of the Secre-

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132 REPORT OF COMMISSION ER OF GEKERAL LAND OFFICE.

tary of the Interior, for procaring tfae assent of the Sioux Indians to this act provided in section twenty-seven.

Ssc. 30. That all act« and parts of acts inconsistent with the provisions of this act are hereby repealed.

Approved March 2, 1889.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION.

\Vh«rea8 it is provided in the act of CongresH, approved March second, eighteen hundred and eighty-nine, entitled '*An act to divide a portion of the reservation of the Sioux nation of Indians in Dakota into separate reservations and to secure the relinquishment of the Indian title to the remainder, and for other purposes," *' that this act shall take eii'ect only apon the acceptance thereof and cons<rnt thereto by the different bands of the Sioux nation of ludiauH, in mannei and form pn scribed by the twelfth article of the treaty between the United States and said Sioux Indians concluded April twenty-ninth, eighteen hundred and sixty-eight, which said accept- ance and consent shall be made known by proclamation by the President of the United States, upon satisfactory proof presented to him that the same has been ob- tained in the manner and form required by said twelfth article of said treaty ; which proof shall be presented to him within one year from the passage of this act ; and upon failure of such proof and proclamation this act becomes of no effect and null and void," and

Whereas sati^factory proof has bet;n presented to me that the acceptance of and consent to the provisions of the said act by the different bands of the Sioux nation of Indians have been obtained in manner and form as therein required :

Now, therefore, I, Benjamin Harrison, President of the United States, by virtue of the power in me vested, do hereby make known and proclaim the acceptance of said act I y the different bands of the Sioux nation of Indians, and the consent thereto by them as required bv the act, and said act is hereby declared to be in full force and effect, subject to all the provisions, conditions, limitations and restrictions therein contained.

All persons will take notice of the provisions of said act, and of the conditions, limitations and restrictions therein contained, and be governed accordingly.

I furthermore notify all persons to particularly observe that by said act certain tracts or portions of the great reservation of the Sioux nation, in the Territory of Dakota, as desoribed by metes and bounds, are set apart as separate and permanent reservations for the Indians receiving rations and annuities at the respective agencies therein named ;

That any Indian receiving and entitled to rations and annnities at either of the agencies mentioned in this act at the time the same shall take effect, bnt residing upon any portion of said great reservation not included in either of the separate reservations herein established, may at his option, within one year from the time when this act shall take effect, and within one year after he has been notified of his said right of option in suc^h manner as the Secretary of the Interior shall direct, by recording his election with the proper agent at the agency to which he belongs, have the allotment to which he would be otherwise entitled on one of said separate reserva- tions upon the land where such Indian may then reside;

That each member of the Ponca tribe of Indians now occupying a part of the old Ponca Reservation, within the limits of the said Great Sioux Reservation, shall be en- titled to allotments upon said old Ponca Reservation, in quantities as therein set forth, and that when allotments to the Ponca tribe ot Indians, and to such other Indians as allotments are provided for by this act, shall have been made upon that portion of said reservation which is described in the act entitled *'An act to extend the northern . boundary of the Stat« of Nebraska," approved March twenty-eight, eighteen hundred and eighty-two, the President shall, in pursuance ot said act, declare that the Indian title is extinguished to all lands described in said act not so allotted hereunder, and tlf^reupon all of said land not so allotted and included in said act of March twenty- eight, eighteen hundred and eighty-two, shall be open to settlement as provided in this act;

That protection is guaranteed to such Indians as may have taken allotments either within or without the said separate reservations under the provisions of the treaty with the great Sioux nation, concluded April twenty-ninth, eighteen hundred and sixty eight ; and that provision is made in said act for the release of all title on the part of said Indians receiving rations and annuities on each separate reservation to the lands described in each of the other separate reservations, and to confirm in the Indians entitled to receive rations at each of said separate reservations, respectively, to their separate and exclusive nse and benefit, all the title and interest of every name and nature secured to the different bauds of the Sioux nation by said treaty of April

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twenty-Diotb, eighteen huudred and nixty-ei^ht ; and that said release shall not affect the title of any individual Indian to his separate allolment of land not included in any of said separate reservations, nor any agreement heretofort^ made with the Chicago, Milwankee and Saint Panl Railroad Company or the Dakota Central Railroad Com- pany respecting certain lands for right of way, station grounds, etc., regarding which certain prior rights and privileges are reserved to and for the use of said railroad com- panies, respectively, upon the terms and conditions set forth in said act ;

That it is therein provided that if any land in said Great Sioux Reservation is oc- cupied and used by any religious society at the date of said act for the purpose of missionary or educational work among the Indians, whether situate outside of or within the limits of any of tha separate reservations, the same, not exceeding one hundred and sixty acres in any oae tract, shall be granted to said society for the pur- poses and upou the terms and conditions therein named, and

Subject to all the conditions and limitations in said act contnined, it is therein proviaed that all the lands in the GreatSioux Reservation outsideof the separate res- ervations described in s»iid act, except American island. Farm island, and Niobrara island, regarding which islands special provisions are therein made, and sections sixteen and thirtj-six in each township thereof (which are reserved for school pur- poses) shall be disposed of by the United States, upon the terms, at the price, and in the manner therein set forth, to actual settlersonly, under the provisions of the home- stead law (except section two thousand three huudred and one thereof) and under the law relating to town sites ;

That section twenty-three of said act provides '* that all persons who, between the twenty-seventh day of February, eighteen hundred and eighty-five, and the bev- enteenth day of April, eighteen hundred and eighty-five, in good faith, entered upon or made settlements with intent to enter the same under the homestead or pre-emption laws of the United States upnn any part of the Great Sioux Reserva- tion lying east of the Missouri river, and known as the Crow Creek and Winnebago Reservation, which, by the President's proclamation of date February twenty-sev- enth, eighteen hundred and eighty-five, was declared to be open to settlement, and not included in the new reservation established by section six of this act, and who, being otherwise legally entitled to make such entries, located or attempted to locate thereou homesieati, pre-emption, or townsite claims by actual settlement and im- provement of any portion of such lands, shall, for a period of ninety days after the proclamation of the President required to be made by this act, have a right to re- enter upon said claims and procure title thereto under the homestead or preemption laws of the United States, and complete the same as required therein, and their said claims shall, for such time, have a preference over later entries ; and when tbe,\ shall have in other respects shown themselves entitled and sha'l have complied with the law regulating such entries, and as to homesteads, with the special provisions of this act, they shall be entitled to have said/ lands, and patents therefor shall be issued as in like cases : Provided. That pre-emption claimants shall reside on their lands the same length of time before procuring title as homestead claimants under this act. The price to be paid for townsite entries shall be such as is required by law in pther cases, and shall be paid into the general fund provided for by tnis act.''

It is furthermore hereby made known that there has been and is hereby reserved from entry or settlement that tract of land now occupied by the agency and school buildings at the Lower Brul^ agency, to wit :

The west half of the southwest quarter of section twenty-four ; the east half of the southeast quarter of section twenty-three ; the west half of the northwest quarter of section twenty-five; the east half of the northeast quarter of section twenty-six, and the northwest fractional quarter of the southeast quarter of section twenty-six ; all in township one hundred and four north of range seventy-two, west of the fifth prin- cipal meridian;

That there is also reserved as aforesaid the following described tract within which the Cheyenne River Agency, school and certain other buildidgs are located, to wit : Commencing at a point in the center of the main channel of the Missouri river oppo- site Deep creek, about three miles south of Cheyenne river; thence due west five and one-naif miles; thence due north to Cheyenne river; thence down said river to the center of the main channel thereof to a point in the center of the Missouri river due east or opposite the mouth of said Cheyenne river; th«^nce down the center of the main channel of the Missoum river to the place of beginning;

That in pursuance of the provisions contained in section one of said act the tract of land situate in the State of Nebraska and described in said act as follows, to wit: "Beginning at a point on the boundary line between the State of Nebraska and the Territory of Dakota, where the range line between ranges forty-four and forty-iive west of the sixth principal meridian, in the Territory of Dakota, intersects said boun- dary line; thence enst along said bonndary line five miles; thence due south five miles; thence due west ten miles; thence due north to said boundary line; thence due east along said boundary line to the place of beginning," same is continued in a state of

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1 34 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

reservation bo long as it ma^ be needed for tbe use and protection of the Indians receiving rations and annuities at the Pine Ridge agency.

Warning is hereby also expressly given to all persons not to enter or make settle- ment upon any of the tracts of land specially reserved by the terms of said act, or by this proclamation, or any portion of any tracts of laud to which any individual mem- ber of either of the bands of the Great Sioux nation or the Ponca tribe of Indians shall have a preference right under tbe provisions of said act ; and further, to in no wise interfere with the occupancy of any of said tracts by any of said Indians, or in any manner to disturb, molest, or prevent the peaceful possession of said tracts by them.

The surveys required to be made of the lands to be restored to the pablic domain under the provisions of the said act, and as in this proclamation set forth will be commenced and executed as early as possible.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be afBxed.

Done at the City of Washington this tenth day of February, in the year of our Lord one thousand eight hundred and ninety, and of the Independence of the United States the one hundred and fourteenth.

[SEAL.] Benj. Harrison.

By the President :

Jamb:s G. Blaink,

Secretary of State.

CEDED LANDS OP THE SIOUX RESERVATlt)N.

[CommiAsioner Groff to registers and receivers at Pierre, Chamberlain, and Huron, S. Dak., and O'Neill,

Nebr., March 3, 1890.]

It has been represented to this department that there are persons who contemplate impositions on the Indians now residing npon the ceded lands of the Sioux reserva- tion lying in yonr districts, and entitled at their option to take allotments of the lands where they reside, under section 13 of the act of March 2, 1889 (2o Stats., 888), by inducing the Indians to sell out to them, and thereafter appropriating to them- selves the lands on which the Indians reside as settlers thereon under the provisions of said act. I desire, therefore, to call your attention to this njatter, and to say to you that it is the dnty and intention of this department to protect the Indians as fully as possible from any wrong or imposition by which they might be deprived of the benelit intended to be secured to them under the law, whether it have the char- acter of open violence or some form of trickery and fraud in the specious guise of mutual agreement for exchange of values. In pursuance of this pnrpose, no pur- chase, by whit« persons, of the settlements or improveraentft of tbe Indians will be recognized as having any validity, and their right to take allotments of the lands on which they reside at their option will be recognized and enforced whenever claimed by them within the period of one^ear prescribed in said section 13, notwithstanding any pretended purchase of their improvements that may be set up against them, or any allegation that may be made of their removal from the land and abandonment thereof in favor of white claimants. The department will expect the careful, intelli- gent, and efficient co-operation of all its employes in this purpose. Yon are to this end directed to make yourselves acquainted, as far as possible, with the facts con- nected with the residences of the Indians on the lands in question, and otherwise prepare yourselves to extend protection to them in the discharge of yonr duties against any who niay entertain designs against them.

You will take all means in your power to communicate the substance of these in- structions to ail persons concerned, that none may be in ignorance on the subject. You will endeavor to prevent any filings or entries being made in contravention of the rights of the Indians, and any filings or entries that may be made will be treated as subject to the Indian right to take allotments as heretofore indicated.

ABANDONED MILITARY RESERVATIONS.

The following report, containing information in regard to the aban- doned military reservations, may be of some interest:

["ommiAsioner Groff to Secretary Noble, Washington, February 26, 1890.]

I have the honor to return herewith Senate resolution, dated December 19, 1889, asking for information an to the Abandoned military reservations relinqnished to the department by the War Department nnder the act of July 5, 1>^84 (23 Stats., 103), and

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PUBLIC LANDS.

135

any act snbsequont thereto, referred to this office on December 20, 1889, by Aseistant StMsretary BuBsey, for report in dnpUcate ; and in reply to inclose two btateinents, in dnplirate, marked respectively A and 6, which afford the desired information, as far as has been ascertained from the records of this office, except as to tlie reason '* why the lands in snob reservations are not surveyed, snbdivided, appraised, and sold, and what appropriation is needed to survey said lands that the same may be disposed of as provided by law," in regard to which you are advised as follows :

Since Jaunary 20, 1887, no additional instructions have been received from the de- partment authorizing the survey of the abandoned military reservations which have, subsequent to that dat-e, been transferred to the custody of the department for dis- posal under the act of July 5, 1884.

The entire approprifttion of 1*^,000 Tper act approved March 3, 1885, 23 Stats., 499) for the survey, appraisal, and sale of abandoned military reservations was exhausted in oitlering the surveys specifically authorized by departmental letter of January 20, 1887.

The only reason known to this office wliy all of the lauds embraced in the aban- doned and relinquished military reservations, referred to in the Senate resolution, have not been surve>'ed, snbdivided, appraised, and sold, is lack of funds out of which to pay the necessary expenses incident to compliance with the provisions of the act of July 5, 1884.

An estimate of $8,000 for this purpose has been included iti the estimates for the next fiscal year, but this sum was fixed upon with reference U} expenses likely to be incurred during the fiscal year. It would probably be advisable to have an appropri- ation of $'20,000 if the intention is to proceed with the work to completion without having to wait for a further appropriation.

I have to state that the delay in making this report has been caused by the neces- sity of procuring information from the War Department as to the improvements on the several reservations.

A. Lisi of military reservationgj or pariB thereof , relinquished by the War Departnient to the Interior Department under the provieions of the aot of Congreee approved July 5, 1884 (23 SfaU., 103).

Name.

Whipple barracks (timber reserve),

Gamp OrJttenden, Ariz

Gamp Goodwin, Aria

Dateof relin- , qnishment. <

Area in acres.

Jaly 22, 1884

...do

...do

GampOrant, Ariz

Fort Verde (Gardea reserve), Ariz. Fort Bid well(portloii).Cal

Gamp Cady, Gal

Camo Independence (post reserve), Camn Independenoe (hay reserve), Gamn Independence (wood reserve),

....do

....do

Feb. 18.1886

July 22,1884

...do.

do .

...do. ...do.

Fort Tama, Gal

Fort Lyon (old), Colo | do .

FortLyoli (new), Colo

Pagosa springs (Old Fort Lewis),

Colo.

Pike*s peak, Odo

Gantonmenton Uncompahgre (por*

tion), Olo. Gamp on White river, Colo

Fort Randall (portion), Dak

Nov. 25, 1889

Jaly 22, 1884

Jan. 12,1889 July 22, 1884

....do

....do

720.00

3,278.08

5, 780. 00

2,031.70

3, 000. 00

123.26

1,662.00

120.20

2,530.18

2,560.00

5,214.00

I 38,000.00

*6,874.00

21,838.08

8. 192. 00 *4,000.00

40,960.00

24.603.63

102,400.00 81,920.00

Improvements.

FortRice,Dak i do

Fort Slsseton (formerly Fort Wads- Apr. 22, 1889 worth). Dak.

Dragoon harraoks, L. H.. Fla Nov. 18, 1886 I 1. 15

Old powder-hoQse lot, Fla Mar. 18, 1886 I 10. 29

* Estimated.

No improvements appear to have been

transferred. One hollding, valned at fl50. One building, valae not known. I No improvements appear to have been ' transferred. Do. Do. Six stmotnres, valued at $1,950 (pre-

sumed to be private property). It was reported in 1870 that there were twelve structures; present condition not known. No improvements appear to have been transferred. Do.

Do.

Not known, but tract is reserved for

Indian uses. No improvements appear to have been

transferred. Improvements not yet reported by

War Department. No improvements appear to have been

transferred. Do. Do.

Twenty-one structures in all, valued

at $5,000, if sold with the land. No improvements appear to have been transferred. Do. Eif^ht brick, 6 stone, 5 firamo and 3 log I build in jTs, and board wallcs, all in

Kood condition. ; Tract has been disposed of. I Do.

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136 BEPOBT OF COMMIfcJSIONER OF GENERAL LAND OFFICE. A.— Li«( of military reservati^Sj or parts thereof relinquished^ eto.-TContinaed.

Name.

Fort Oceur d' Alene (winter pastur- age), Idaho.

GampThree Forks, Idaho

Fort I>odKe (remainder), Kans

Fort Hays, Kans

Fort Wallace, Kans

Baton Bonge barracks, Ia

Ten reservations on the Gulf coast, Louisiana, as follows :

Kesenration near the eastern mouth of Bayou La Fourche.

Reservation near the west«m month of Bayou La Fourche.

Reservation on Bay plat

Beservatlon uear the western entrance to Caminada bay.

Reservation near the Pass, at the eastern end of Onuid Terre island.

Reservation near the mouth of Quatre Iteyou paas.

Reservation at llastian bav

Reservation near Bastian nay, comprising part of sees. 22, 28, and 26, and all of sees. 27 and 35, T.21S.,R. 28 E.

Reservation near Bastian bay, comprising part of sees. 4And 5 and all of sees. 0, 7, aU6 8, T. 22 S.. K. 29 E.

Reservation near Bastian bay, comprising part of sees. 14 and 15 and all of sees. 22, 28, and2l. T.21S.,R.27E.

Fort Sullivan, Me

Bois Blanc island, Mich

FortWilkins,Miqh

Date of relin- quishment.

Apr. 27, 1886

July 22, 1884 J an. 42, 1885

Oct. 21,1889

July 22, 1884

Sept. 6,1884

Sept. 28, 1886 ...do

...do

...do

....do.

....do..

...do. ....do.

....do.

...do.

Island in Missouri river. Mo . Fort ElllB, Mont

Fort Hartsuff. Xebr .

...do

July 26, 1886

July 22, 1884

Jan. 6,1887 July 22, 1884

Mar. 2b; ISM Oct. 11, 1886

Fort MoDermit (hay reserve), Nev.. Deo. 1,1886

Fort McDermit (post reserve),Nev.. July 17,1889

Fort MoPh9rson, Nebr

Gamp Sheridan, Nebr

Fort Sedgwick, Gol. and Nebr.

Garlln.Nev

Fort Halleck, Nev

July 22, 1884

do

...do

Fort Butler, N.Mex. Fort Craig. N. Mex . .

FortMcRae,N.Mex

Fort Klamath (post reserve), Ore> gon.

Fort Klamath (hay reserve), Ore- gon.

Fort Cameron, Utah ,

Fort Crittenden, XJtoh

Bush Lake valley, Utah

Fort Thornburgh, Utah

Fort Colville, Wash ... Fort Steilaooom, Wash.

July 24,

Mar. 3,

July 22, May 4,

1884 1885

1884 1886

... do..

Jnly 2, July 22, ....do .. ...do..

I Feb. 26, 1886

1885 1884

I

July 22. 1884

Area in acres.

Improvements.

640. 00 No improvements appear to have bera transferred. 4. 800. 00 ; Do. 12,000.00 Forty-one structures in all, valued at

$20,000, if sold with the land. 7, 600. 00 Forty building^ valued at$10,0S0 ; one

bridge, valued at $200. 8,926.00 Barracks, quarters, etc.. valued at $15,000. if sold with the land. 44. 17 Disposed of.

*720.00 *700. 00

100.00 487. 98

*324.00

347.46

892.46 1,217.86

1, 601. 82

829.77

12.60

9,199.48

148.85

64.70

82,116.10

8,25L41

19, 500. 00 18,225.00 40,960.00 920.00 10,900.93

6,400.00'

3,974.40

76,800.00

24, 895. 00

2,560.00 1, 200. 00

2.135.00

23. 378. 00

94, 550. 00

5,131.47

21,851.00

1, 070. 00 280.00

No improvements appear to have been transferred. Do.

Do. Do.

t * Estimated.

Do.

Do.

Do.

Do.

Do.

Do.

Do. Do. Nineteen structures in all, value noi

known. No improvements appear to have been

transferred. Twenty-four structures in all, valua

not known. No improvements appear to have been transferred. Do. Do. Do. Do. Twenty structures in aU, value not

known. K o improvements appear to hare been

transferred. It was reported in 1879 that there were 25 structures upon this reservation. Present value and condition not known. No improvements appear to have been

transferred. Twenty -two structures In all, value not

known. Tract is disposed of. Twenty -five structures in all, value not

known. No improvements appear to have been transferred. Do. Do. Do. Nine structures in all ; $600 have been

offered for them. Quarters for Ave officers and four com- panies, one hospital and two store- nouses, value not known. Improvements appear to have been donated t4) Washington prior to transfer*

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PUBLIC LANDS. 137

A. Liit of military reservatione, or parts thereof , relinquishedf etc. Contiimed.

Name.

Fort Bridxer (ooal reserve), Wyo. . .

Fort Fetterman (hay reaerre), Wyo. Fort Fetterman (poet reaerve), Wyo.

Fort Fetterman (new wood reaerve),

"Wyo. FortFetterman (old wood reeerre) ,

Wyo. Fort Fred Steele (poet reserve,)

Wyo. Fort Fred Steele (wood reserve,)

Wvo. Fert'lf oKinney (portion), Wyo . . . . Fort Sanders, Wyo ,

Dateofrelin- qnishment.

Area in acres.

Jaly 22, 1884

99.17

....do

...do

2,620.91 86, 495. 66

....do

1,262.76

...do

4,706.2S

Aug. 9,1886

22,269.65

....do

2,568.64

Jan. 10,1889 Sept 6,1884

*640.00 10,342.00

* Estimated.

Improvements.

No improvements appear to have bees transferred. Do.

A doiibl<$ set of ofiBcers* quarters, bar- racks, sheds, stables, j^ard-honse, store-houses, hospital, etc, valae not known.

No improvements appear to have been transferred. Do.

Forty-two straotares in all, vaXae not

known. No improvements appear to have been transferred. Do. Do.

lAste of reservations f or parts thereof, relinauished by the War Department to the Interior Department under the provisions of the act oj August IB, l%t) (11 Stats, j 87).

[Said act was repealed by the aot of July 5, 1884, and the reservations are, by departmental deeision of If ay 10, 1887 (5 L. D., 682), to be disposed of under the provisions of the latter act.]

Name.

Fort Brooke, Fla .

Fort Jupiter, Fla

St. Angnatine (hospital lot), Fla. . . . 81 AngustineXblacksmith-shopIot), Fla.

Date of relin- qoishment.

Jan. 4, 1888.

Mar. 16, 1880. Oct 15,1883. ...do

Area in acres.

148.11

9,08 8 0.1619 0.12786

Improvements.

No improvements appear to have been transferred. Do. Do. Do.

There has been bat one reservation, or part thereof, relinqaished by the War Department to the Department of the Interior under any act subsequent to the aot of July 5, 1884, viz :

Name.

Date of relin- Area in qnishment. acres.

Improvements.

Fort Douglass (portion) Utah

1 Apr.l7.1885.j 151.81

Nose.

Said portion of this reservation was relinquished under the act of January 21, 1885 (23 Stats., 284), which allowed Oharles Popper ninety days in which to make entry of the tract relinquished. Popper made entry for the tract June 17, 1885.

B Statement showing ihe condition of each of the reservations named in statement A^

Whipple barraoks (timber reserve), Ariz. : Surveyed and ready for appraisal.

Camp Crittenden, Ariz. : Surveyed, but returns of survey not as yet examined in the field, and therefore not yet approved.

Camp Goodwin, Ariz. : Surveyed, but returns of survey not as yet examined in the field, and therefore not yet approved.

Camp Grant, Ariz.: Surveyed, but returns of survey not as yet e'camined in the field, and therefore not yet approved,

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138 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

Fort Verde (garden reserve), Ariz. : Surveyed, but returns of survey not as yet ex- amined in the tield, and therefore not yet approved.

Fort Bid well (portion), Cal. : Surveyed and ready for appraisal.

Camp Cady, Cal. : Survey, as originally authorized "by the departmeut, January 20, 1887, was ordered through the United States surveyor-general, but subsequently anspended by reason of apparent exhaustion of appropriation. Under date of May 13, 18^, the surveyor-general was authorized to accept the proposal of W. H. Carl- ton to execute said survey, but no contract has as yet been received at this office.

Camp Independence (post reserve), Cal.: Surveyed. Entry made for this tract under the provisions of the act. Said entry has been contested and the case is now pending before this office.

Camp Independence (hay reserve), Cal. : One hundred and sixty acres of this tract have been entered under the provisions of the act; the remaiuder, 2,370.18 acres, is surveyed and ready for appraisal.

Camp Independence (wood reserve), Cal. : Survey as originally authorized by the department, January 20, 1887, was ordered through the United StateH surveyor- gen- eral, but subHequently suspended by reason of apparent exhaustion of appropriation. Under date of May 13, 18^, the surveyor-general was authorized to accept the pro- posal of W. H. Carlton to execute said survey, but no contract has as yet been re- ceived at this office.

Fort Yuma, Cal. : Reserved for Indian uses by executive order of January 9, 1884. This reservation was placed under the control of this department on July*22, 1884, for disposal under the act of July 5, 1884 ; but under date of March 26, 1887, Secre- tary Lamar directed that the executive order of January 9, 1884, be regarded as still in force.

Fort Lyon (old), Colo. : Surveyed. About 7,100 acres have been entered under the provisions of the act. The remainder. 30,900 acres, is ready for appraisal.

Fort Lyon (new), Colo. : No survey nas as ;et been ordered by the department.

Pagosa Springs (old Fort Lewis), Colo. : Surveyed and ready for appraisal.

Pike's peak, Colo. : Unsurveyed. No survey as yet authorized by the department.

Cantonment on Unoompahgre (portion), Colo. : Thistiact was originally within the Ute Indian Reservation, and by departmental decision of Januarv 3, 1885 (3 L. D., 296), is being disposed of as other *' Ute lands" under the act of June 15, 1880 (21 Stat., 199). ^ ^

Camp on White river, Colo. : This tract was originally within the Ute Indian Res- ervation, aod, bv departmental decision of January 3, 1885 (3 L. D., 296), is being disposed of as other *'Ute lands" under the act of June 15, 1880 (21 Stats., 199).

Fort Randall (portion), Dak. : Surveyed. About 11,162 acres have been entered under the provisions of the act. The remainder, 13,341 acres, is now ready for ap- praisal.

Fort Rice, Dak. : Surveyed. Returns of survey examined in the field and unfa- vorably reported upon by Special Agent Bannister September 3, 1888. Re-examined by Special Agent Fawkner, and report submitted under date of September 18, 1889. Said report not yet acted upon.

Fort Sisseton (formerly Fort Wadsworth), Dak. : Unsurvejed. Survey not as yet authorized by the Department.

Dragoon Barracks L. H., Fla. : Appraised and sold.

Old powder- house lot, Fla. : Appraised and sold.

Fort C<Bur d'Alene (winter pasturage), Idaho : This tract appears to have l>een erro- neously located on the official plats, and the surveyor-general of Idaho will be di- rected, as soon as practicable, to furnish corrected plats showing the true location of said abandoned reservation. No steps can be taken for its disposal until this is done.

Camp Three Forks, Idaho: Survey was authorized by departmental letter under date of January 20, 1887, but not yet ordered, owing to exhaustion of appropriation of March 3. 1885 (2.S State., 499), for survey, etc., of abandoned militarv reservations.

Fort Dodge (remainder), Kans. : Surveyed. All of this tract, except 1,200 acres, is within the limits of the *' Osage Indian trust lands,'' and under date of July 9, 1886, the district officers at Garden citv, Kans., were directed to allow entries of said ** Osage Indian trust lands." provided by the act of May 28, 1880 (21 Stats., 143), with the exception of tracts upon which buildings erected by the government for miliXary purposes are located, which latter tracts were found to be lots 3, 5, 6, and 7, sec. 3,T.27 S.,R.24 W. By act of March 2, 1889 (25 Stats., 1012), authority was given to sell and convey to the State of Kansas the said lots, and on June 13, 1889, the same were purchased by the State.

The tract of 1,200 acres above mentioned is ready for disposal.

Fort Hays, Kans. : Under recent departmental instructions further action on said reservation has been suspended to await Congressional action regarding disposal of the lands.

Fort Wallace, Kans. : By act of October 19, 1888 (25 Stats., 612), the following provisions were made for the disposition of this tract, viz : Sec. 1 provides that a cer-

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PUBLIC LANDS. 139

tain tract be reserved for the townsite of Wallace. Entry thereof has been made and patented. Sec. 2 authorizes the Union Pacific Railroad Company to purchase a certain traet for machine shops. Application for this purchase has been made and the local offlrers directed to allow the same. Sec. 3 authorizes the Wallace water- works to purchase a 40-acre tract for its use. This has not yet been dune. Sec. 4 grants 40 acres U* the town for cemetery purposes. Sec. 5 provides for the ap- praisal and sale of the tract covered by the old Fort Wallace and the buildings thereon. The appraisal has been lately made, hut not yet acted upon by this office. Sec. 6 provides that the remainder of said reservation shall be disposed of under the homestead laws. No entries have yet been allowed.

Baton Rouge barracks, La. : By Act of July 12» 1K86 (24 Scats., 144), the Secretary of the Interior was authorized 1o transf«rthe buildings on, and a portion of, said reserva- tion to the Louisiana State University and Agricultural and Mechanicai College, and the remainder of said reservation to the Louisville, New Orleans and Texas Railway Company. Transfer made July 31, 1H86.

Ten reservations on the Gulf coast, Louisiana : Partly surveyed and partly uusur- veyed. Survey authorized by departmental letter of January 20, 1887. No survey ordered by reason of there being no United States surveyor- general for district at date of authorization, and subsequent exhaustion of appropriation of March 3, 1H85 (23 Stats., 499), for survey, etc., of abandoned military reservations.

Fort Sullivan, Me. : Unsurveyed. Survey not as yet authorized by the depart- ment.

Bois Blanc island, Mich.: Surveyed. 619.63 acres were within a private claim at the time the reservation was made. 405.55 acres have been disposed of by appraisal and sale under the provisions of the act. 5.083.93 acres have been disposed of to the State as swamp lands by departmental decibion of February 25. 1889 (8 L. D.,309). 674.26 acres were decided as being covered by the school grant to the State, by de- partmental decision of June 5, 1889 (6 L. D., 560). The remainder, 2, 416.06 acres, has been appraised and offered, but not sold, and is now, by the terms of the act, subject to re-offering.

Fort Wilkms, Mich. : Surveyed and ready for appraisal.

Island in Missouri river, Missouri : Surveyed and ready for appraisal.

Fort Ellis, Mont. : Surveyed. Said reservation was declared by executive order of February 15, 1868. Enlarged March 1, 1H70. and further enlarged, by the addition of 16,32U acres, November 25, 1873. The land added by the executive order of No- vember 25, 1873, is within the granted limits of the Northern Pacific Railroad Com- pany, and the said company's rights, having attached prior to the reservation for military purposes, were not impaired thereby, but merely placed in abeyance. The even-numbered sections in said tract of 16,320 acres and the remaining 15,840 acres are now ready for appraisal.

Fort Hartsuff, Nebr. : Surveyed and ready for appraisal.

Fort Mcpherson, Nebr. : Survey was anthorized by departmental letter dated Jan- uary 20, 1887, but not yet ordered, owing to exhaustion of appropriation of March 3, 1885 (23 Stats.. 499), for survey, etc., of abandoned military reservations.

Camp Sheridan, Nebr. : Surveyed. By inadvertence of local officers several filings and entries were allowed upon said reservation, aggregating 7,072.52 acres. These were confirmed by the act of October 12, 1888 (25 Stats., 1201). The remainder, 11,153 acres, is ready for appraisal.

Fort Sedgwick, Colo, and Nebr. : Said reservation is within the granted limits of the Union Pacific Railroad Company, and the said company's rights to the odd-num- bered sections, having attached prior to the reservation for military purposes, were not impaired thereby, but merely placed in abeyance. The even-numbered sections are reaidy for appraisal.

Carlin, Nev. : Unsurveyed. No survey as yet authorized by the department.

Fort Halleck, Nev. : Unsurveyed. Returns of survey of said reservation were re- ceived with surveyor-general's letter of November 30, 1888, but were rejected because of failure of the surveyor to comply with the terms of the contract. Under date of December 20, 1889, the United Statis surveyor-general for Nevada was instructed to award to a competent and reliable deputy a new contract for the survey of said res- ervation.

Fort McDerniitt (hay reserve), Nev. : Unsurveyed. Returns of survey of said reservation were received with surveyor- general's letter of November 30, 1888, but were rejected because of failure of the surveyor to comply with the terms of the con- tract. Under date of December 20, 188^, the United States surveyor- general for Nevada was instructed to award to a competent and reliable deputy a new contract for the survey of said reservation.

Fort McDermitt (post reserve), Nev. : Unsurveyed. No survey as yet authorized by the department.

Fort Butler, N. Mex. : Surveyed. Said reservation is situate mostly within the

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140 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

confirmed and surveyed priyate land ^rant Pablo MoDtoya, and also covers a small part of Baca location No. U. The remainder, 2,765.18, is ready for appraisal.

Fort Craig, Nt Mex. : Under contract for survey. No returns as yet received at this office.

Fort McRae, N. Mex. : Said reservation falls entirely within the patented private land grant Armendaris No. 3.3, and was not excepted in the patent.

Fort Klamath (post reserve), Oregon: Unsurveyed. The greater part of said res- ervation is within the Klamath Indian Reservation and revjerts to the said .Indians. Survey of the remainder, 210 acres, not as yet authorized by the department.

lort Klamath (hay reserve), Oregon : About 120 acres of said reservation is within the Klamath Indian Reservation and reverts to the said Indians. Survey of the remainder, 2,015 acres, not as yet authorized by the department.

Fort Cameron, Utah : Under contract for survey. No returns as yet received at this office.

Fort Crittenden, Utah : Under contract for survey. No returns as yet received at this office.

Rush Lake valley, Utah : Surveyed and ready for appraisal.

Fort Thornburgh, Utah : Under contract for survey. No returns as yet received at this office.

Fort Colville, Wash. : Surveyed. Eighty acres of said reservation have been en- tered under the provisions of the act. The remainder, 990 acres, is ready for ap- praisal.

Fort Steilacoom, Wash. : Surveyed. 71.93 acres of said reservation have been entered under the provisions of the act. The remainder, 217.07 acres, is ready for disposal.

Fort Bridger (coal reserve), Wyo. : Surveyed and ready for appraisal.

Fort Fetterman (hay reserve), Wyo. : Surveyed and ready for appraisal.

Fort Fetterman (post reserve), Wyo. : Surveyed and ready for appraisal.

Fort Fetterman (new wood reserve), Wyo. : Surveyed and ready for appraisal.

Fort Fetterman (old wood reserve), Wyo. : Surveyed and ready for appraisal.

Fort Fred Steele (post reserve), Wyo. : Surveyed. Said reservation is within the limits of the grant to the Union Pacific Railroad Company, and the said company's rights to the odd-numbered sections, having attached prior to the reservation for military purposes, were not impaired thereby, but merely placed in abeyance. The even-numbered sections are ready for appraisal. Under date of November 9. 1886, the Secretary of War requested that the cemetery lot, shown on the official plat of survey in theSE.^ SE. i. Sec. 23, T. 21 N., R. 85 W., containing 0.50 acres, be ex- cepted from sale or transfer, and on November 20, 188(i, Assistant Secretary Hawkins directed that said request be respected.

Fort Fred Steele (wood reserve), Wyo. : But 1,283.64 acres of said reservation have been surveyed. The remainder, 1,280 acres, falls within unsurveyed townships and will be surveyed when said townships are surveyed. The surveyed portion is ready for appraisal.

Fort McKinney (portion), Wyo.: By executive orderof January 10, 1889, the eastern boundary of said reservation was withdrawn one- fourth of a mile westward. A con- tract for the survey of the lands embraced in said strip has been approved bv this of- fice.

Fort Sanders, Wyo. : Surveyed. Said reservation is within the granted limits of the Union Pacific Railroad Company. A small portion of the reservation was reserved prior to the attachment of the said company's rights, but the rights of the company to the odd-numbered sections in the remainder of said reservation, having attached prior to said reservation, were not impaired thereby, but merely placed in abeyance. The even-numbered sections in said remainder, and the portion first named, are ready for appraisal. By act of May 28, 1888 (25 Stats., 1.58), the Territory of Wyoming was authorized to select and enter 640 acres within the limits of this reservation, to be used for the establishment of a fish-hatchery.

Fort Brooke, Fla. : No survey or appraisal of said reservation has been made and no portion of the same disposed of, an investigation ordered by this office May 25, 1889, by direction of the Secretary under date of May 17, 1889, being now in progress at the Gainesville office, to determine the rights of some twenty-nine claimants.

Fort Jupiter, Fla. : Surveyed and ready for appraisal.

St. Augustine (hospital lot), Fla. : Surveyed and ready for appraisal.

St. Aogastine (blacksmith-shop lot), Fla. : Surveyed and ready for appraisal.

Fort Douglass (portion), Utah : Disposed of under the provisions of the act author- izing its relinquishment.

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CIRCULARS AND INSTRUCTIONS.

HOMESTEADS.

Hamestead entry Settlement before survey InstruetionB,

The right to make homestead entry under the act of May 14, 1880, acquired by a settler who diet prior

to sarvey may be exercined by his devisee. The case of Baxton v. Traver cited ajid distingaished.

[Secretary Noble to the Commissioner of i^he General Land Office, October 4, 1889. J

I am iu receipt of your communication of the 20th ultimo, calling attention to the decision of the Supreme Court of the United States in the case of Buxton v, Traver (130 U. S.,2II2), which yon say is interpreted by some as announcing a doctrine inoon- siHtent with the practice of your office following the decision of the department in the case of Tobias Beckner (6 L. D., 134), and other decisions, allow inK parties as heirs or devisees of homestead settlers the benefit, of section 2269 of the Revised Stat- utes, and of the act of May 14, 1860 (21 Stat., 140), and requeuting '^ to be instrncted (1) as to whether there is any Inconsistency between the decisions of the department m reference to the subject and said decision of the Supreme Court ; and (2) as to whether there should be any change in the course of this office as above indicated in dealing with this class of oases/'

The case of Tobias Beckner recognized the right of a person, as devisee of a settler whose settlement was made and who died prior to Hurve^, to make homestead entry of the tract settled upon by his devisor, and this rnliag is not inconsistent with the decision of the Supieme Conrt in the case of Buxton r. Traver. The rule in the case of Beckner will be followed by yonr office.

Homestead entry Minor heirs Instrudions,

On the death of a homesteader, leaving adnlt and minor heirs, the title, under sections 2391 and 2292 of the Bevised Statutes, inures to the minors to the exolusion of the adnlt hell's.

[Secretary Noble to the Commissioner of the Oeneral Land Offloe, May 0, 1890.]

Upon the receipt of yours of the 2d ultimo, in regard to sections 2291 and 2292, Revised Statutes, I referred the subject to the assistant attorney-general assigned to this department, and herewith transmit a copy of his replv, in which he expresses the opinion that the practice which has so long prevailed in tne Land Office, under the two recited sections, should not be changed. In this conclusion I concur, and you will therefore proceed nuder these two provisions of the law as heretofore.

OPINION. [Assistant Attorney-General Shields to the Secretary of the Interior, May 3, 1800.]

I am iu receipt, by your reference, of a letter, dated April 2, 1890, from the Com- missioner of the General Land Office, which I am requested to examine and give an opinion on the matters involved therein.

The Commissioner invites attention to the first portion of section 2291 and the whole section of 2292 of the Revised Statutes, relating to homesteads, which are as follows .

"Sec. 2291. No certificate, however, shall be given, or patent issued therefor, until the expiration of five years from the date of such entry ; and if at the expiration of such time, or at any time within two years thereafter, the person making such entry; or if he be dead, his widow ; or in case of her death, his heirs or devisee ; or in case of a widow making such entry, her heirs or devisee, iu case of her death, proves by two credible witnesses that he, she, or they have resided upon or cultivated the same for the term of five years immediately succeeding the time of filing the affidavit, and makes affidavit that no part of such land has been alienated, except as provided in section twenty-two hundred and eighty-ei^ht, and that he, she, or they will bear true allegiance to the government of the United States; then, in such case, he, she, or they, if at that time citizens of the United States, shall be entitled to a patent, as in other cases provided by law.

"Sec. 2292. In case of the death of both father and mother, leaving an infant child or children under twenty -one years of age, the right and fee shall inure to the benefit of such infant child or children ; and the executor, administrator, or guardian

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may, at any time within two years after the death of the sarviying parent, and in accordance with the laws of the State in which such children, for the time being have their domicile, sell the land for the benefit of such infants, bnt for no other purpose ; and the purchaser shall acqnire the absolute title by the purchase, and be entitled to a patent from the United States on the payment of the office fees and the ■um of money above specified/'

The Commissioner observes that the first of these sections, as quoted, provides a means whereby the heirs of a deceased homestead entryman may acquire title to the entered land without distinction as to age, and that the second section nn»vides a means by which the homestead may inure to the benefit of the infant child or chil- dren, without the issue of patent to such child or children and without requiring continued residence or improvements upon the land.

He states that it has been the practice of his office, in cases where there are both adult and miuor heirs, to hold that the title inures to the latter to the exclusion of the former. This practice his law clerks deem to be wrong, and think that section 2292 ** was intended to apply in oases where iufaut heirs only were found." It is not very clear whether the Commissioner means to express his own opinion on the ques- tion, or whether he merely recites, in his letter, the views and arguments of his law clerks thereon. He concludes, however, by saying :

" In view of the practice of this office haying l>een of long duration to exclude adult heirs, I would respectfully submit the question for your decision for the future action of this office in such cases, respectfully requesting a reply at your earliest convenience."

I have but little difficulty in forming an opinion upon the question submitted, as the language of the sections referred to is plain and clear to my mind.

Section ^^1 declares, in substance, that in case of the death of a homestead entry- man before full compliance with the requirements of the law, the final certificate^ to be followed by patent, at the designated time, and upon proper compliance with the prescribed conditions, shall be issued to (1) his widow, if he leave one, if not, then, (2) to his heirs or devisee. No distinction is here made as between adult and minor heirs.

Section 2292 qualifies the general provision of the preceding section, and says that in the case of the death of both parents, '* leaving infant children the right and fee shall inure to the benefit of such infant child or children."

This language i.s direct and explicit, leaving in my mind little room for doubt as to its meaning. Under section 2S&1 the heirs, if of age, are entitled to the land in equal shares. But, if there be an infant child or children, section 2292 gives the en- tire right and fee to them alone. Against this view, it is urged that it works an in- justice to the adult heirs, who, equally with the minors, should share in the estate of the parent. This might haye been a forcible argument against the wisdom of en- acting such a law, but the law having been enacted this department has no right to question its wisdom. When it is remembered that the adult heirs can procure public lauds for themselves and in their own names bv compliance with the land laws, and that miuor heirs can not do so, the reason for the distinction is manifest.

Congress seems to have marked out a difierent rule for homesteads from that estab- lished in regard to pre-emptions. As to the latter section 2269 of the Revised Stat- utes provides that in case of the death of a pre-einptiou claimant, before entry, it shall be made in the name of the heirs, and patent shall issue to tbem : no distinction on account of age is mentioned. But in the legislation in relation to homesteads, not only has Congress adopted section 2292 as to ordinary homesteads, bnt by section 2307 it has followed the same policy in regard to soldiers' homesteads, and there con- ferred the right of a deceased soldier, first upon his widow, if unmarried, and, in case of her marriage or death, then *'upon his miuor orphan children," and none others. It. may be safely assumed from this that Congress was of tlie opiniou that it was not unwise to i)rotect infant orphan children, even to the entire exclusion of the adults.

It is farther urged in the Commissioner's letter that the constrnction which has heretofore prevailed renders sections 2291 and 2292 ^Mnharmouious and incompati- ble ; " but it is not shown wherein, and I fail to see that they are necessarily so.

These sections were both originally included in section 2 of the act of June 21, 1886 (14 Stat.,t>6). Section 2291 of the Revised Statutes was the first proviso of section 2 of said act, and ^ectiou 2292 of the Revised Statutes was the secoud proviso of the same section and act a proviso upon a proviso, a special exception carved out of the former provisions of the act.

In the construction of statutes it is a well settled rule that general words or pro- visions are to be restrained by particular words in a subsequent clause in the same statute, even though the particular iutention is incompatible with the general inten- tion. (D warns, ILO.) A proviso is somethiug engrafted upon a preceding enactment and is legitimately used tor the purpose of taking special cases out of the general

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enactments, and providing 'specially for them. And, even where the proviso is repug- nant to the parview of the act, the proviso will prevail. (/&., 118.)

" And so, where there are in an act specific provisions relating to a particular sub- ject, they must govern, as against general provisions in other parts of the statute, al- though the latter, standing alone, would he broad enough to include the subject to which the more particular provisions relate. (Endlich on Statutes, *i86.)''

The intention of Congress as conveyed by the language of the two sections is clearly as indicated. I am therefore of the opinion that toe practice which has so long pre- vailed in the Land Office, under the two recited sections of the Revised Statu tes, should not be changed.

TIMBER OULTrRE. Timber culture entry Final proof [natructione.

In oompnting the period of onltivAtloii reqnired in timber onltoie final proof, the rule should govern which WM in force et the time the entry wae made.

In eniriee made under the ruling that prevailed prior to the circular of June 27, 1887, the time allowed hv the statute for the preparation of the land and planting of the trees may be computed as a part of the eight years of cultivation required by the statute : but under entries made aiier the ch^nire of ruling, as announced in said circular, the period of cultivation should be oomputed flrom the time when the full acreage of trees, seeds, or cuttings was planted.

The case of Henry Hooper modified.

[Secretary Noble to Acting Commissioner Stone, July 10, 1889.]

In reply to yours of the 10th instant suggesting a change of rule in timber culture cases I herewith transmit to you a copy of an opinion of the First Assistant Secretary, which I have examined and approved, whereby it will appear to yon that no change of the rule is necessary. The rule requires that the eight years of cultivation must be computed from the time the required acreage of trees, seeds, or cuttings are planted. But if the entry was made under ralings of the department in force when the appli- cation was made that ruling should be allowed to stand and control the case. Until a rule is changed it has all the force of law, and acts done under it while it is in force must be regaraed as legal. It will thus appear that the hnrdships complained of by you are avoided by the construction of the rule formerly existing, or are rather to be attributed to the statute itself, over which this department has no control. It is de- sirable to be liberal, as I have often instructed yon, in all these matters pertaining to the Land Office ; but this must not go to the extent of disobeying the statute.

OPINION. [ Assistant Secretary Chandler to the Secretary of the Interior.]

I have had occasion to give this timber-culture act some consideration, and, in order to properly express my views, it will be necessary to call your attention to some parts thereof.

The act is that of June 14, 1878, (20 Stat., 113) and that part thereof necessary for your consideration in section 1 reads as follows:

''That any person who is the head of a family, or who has arrived at the age of twenty-one years, and is a citizen of the United States, or who shall have filed his declaration of intention to become such, as required b}' the naturalizatiou laws of the United States, who shall plant j protect^ and ktep in healthy ^ growing condition for eight yeare ten acres of tiuiber on any quarter section of any of the public lands of the United States, or five acres of any legal subdivision of eighty acres, or two and a half acres on any legal subdivision of forty acres or Ivna, shall be entitled to a patent for the whole of said quarter section, or of snch legal subdivision of eighty or forty acres, or fractional subdivision of less than forty acres, as the case may be, at the expiration of said eight years on making proof, etc."

Section 2 prescribes the form of theamdavit, the amount to be paid upon the filing of the affidavit, the numbnr of acres to be broken and plowed thenrst, second, aud third years ; and then provides ** that no final certificate shall be given, or patent issued for the land so ent< red until the expiration of eight years from the date of entry; and if at the expiration of sueh timSy or at any time within five years thereafter ^ the person making sucn entry, or, if he or she be dead, his or her heirs, or legal representatives, shall prove by two creditable witnesses that he, or she, or they have planted, and for not leea than eight years^ have cultivated and protected such quantity and character of trees as aforesaid, and not less than 2700 trees were planted on each acre, and at the

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time of making sach proof that there shall then be growing at least 675 liying and thrifty trees to each acre, they shall receive a patent to snch tract, etc."

In construing these provisions the department in the case of Benjamin F. Lake (2 L. D., 309) held the preparation of land and planting of trees are acts of cnltivatton, and the time actually so employed should be computed as a part of the eight years reqnired in the timber-culture cases, quoting from the circular of instructions issued by Commissioner MacFarland to registers and receivers, dated February 1, 1882 (1 L. D., 63^), and holding that one half the trees must have actually been growing for Aye years, and the remaining half for four years to conform to the terms of the act; and that, on the theory that in the second section of the act it is provided that ** the party making an entry of a quarter nection under the provisions of this act shall be re- quired to break or plow five acres covered thereby the first year, five acres the second year, and to cultivate to crop or otherwise the five acres broken or plowed the first year ; the third year he or she shall cultivate to crop or otherwise the five acres broken the second year, and to plant in timber, heeds, or cuttings the five acres first broken or plowed, and to cultivate and put in crop the remaining five acres, and the fourth year to plant in timber, seeds, or cuttings the remaining five acres," this would within the eight years keep the first planting growing five years, and the second plantinjT four years; and in the case of Charles £. Patterson (3 L. D., 260) this same rule and doctrine was followed, as it is likewise recognized in the case of Peter Cbristofferson (3 L. D., 329). This rule was followed by the department from that time up until June ^7, 1887, when Commissioner Sparks, by circular of that date to registers and receivers (6L. D.,280), directed: ** lu computing the period of cultiva- tion, the time runs from the date when the total number of trees, seeds, or cuttings required by the act are planted.''

Following this circular is the case of Henry Hooper (6 L. D., 624), in which are re- viewed all these decisions heretofore cited, and in construing the act, the following conclusions are reached : 4

The eight years of cultivation required under the timber-culture law must be com- puted from the time the required acreage of trees, seeds, or cuttings is planted; and this constrnction was followed and adopted in the case of Charles N. Smith (7 L. D., 231), and also in the case of John N. Lindback, decided July 1, l8-<9 (not reported).

I am fully satisfied that these later decisions which are complained of in this letter are the correct exposition of the law, for the first section of the act requires the ap- plicant to ** plant, protect, and keep in a healthy, growing condition for eight years iQ acres of timber." Clearly, this language imports and requires this area to be grow- ing during this period, as trees could not be kept in a healthy, growing condition that were not planted and in existence.

Turning to section 2, this conclusion eains strength by the proviso '* that he, or she, or they have planted, and for not less than eight years have cultivated and protected, snch (inantity and character of trees as aforesaid." It can not be disputed that ^' snch quantity" refers to the 10 acres mentioned in section 1, which requires that 10 acres be cultivated and protected for the full period of eight years ; and this is borne out by the further proviso that, if the entry is not completed at the expira- tion of eight years, five years thereafter is given the applicant within which to com- plete the same, so that the entryman really has thirteen years, if he chooses to avail himself thereof, within which to comply with the law. I have no doubt, if he plants the required area the first year, that then the entry may be made within eight years thereafter, but I am fully satisfied that H was the intent and purpose of Congress to require the claimant to cultivate the trees for eight years, deeming that at the end of that period the young timber would be able to protect itself without further cultivation. While all this is true, yet it seems to me that, inasmuch «s the department, from the time of the passage of the bill up to the circular of the date of June 27, 1887, erro- neously construed the true spirit and intent of the act, and in pursuance thereof, nn- merous entries have been made under the law as thus promulgated, amounting to some twenty- five hundred or more, that such entries should be protected under the con- strnction thus given the act, giving such construction all the force and effect of law. Were it not so, great wrong and inconvenience would result.

In this character of entries it has been repeatedly held that, if the entry is made under rulings of this department in force when the application is made, it should be allowed to stand. Until a rule is changed it has all the force of law, and acts done under it while it is in force must be regarded as legal. James Spencer, (6 L. D., 217) ; Miner t;. Marriott ei al. (2 L. D., 709); David B. Dole (3L. D., 214) ; Henry W. Fuss (5 L. D., 167) ; Allen v. Cooley (5 L. D., 261) ; Kelly v. Halvorson (6 L. D., 225).

Believing that justice would be subserved by following the rule of the department in force at the time these entries were made, I think the case of Henry Hooper (6 L. D., 624), referred to, should be so far modified as to hold that all entries made under the act, as construed from February 1, 1882, up to June 27, 1887, should pass to patent ; and that all entries made after the auDonncement of that doctrine shoald be governed and controlled by the principles therein enunciated. To do this, fully,

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PUBLIC LANDS. 145

fairly, and equitably protects the interest of those who acted under the old regime, and only requires those who have made timber-culture entries since the law has been correctly stated, as I believe, to comply with its plain provisions and fairly observe its spirit and intent.

Circular— Timber-culture final proof,

[Commiesioner Groft to registers and receivers, December 8, 1889.]

The requirement of circular of June '27« approved July 12, 1887 (6 L. D., 260), as to publication of notice of intention to make final proof on timber- culture entries, will not be insisted on in cases where the original entry was made prior to September 15, t887. All entries made prior to this date will be ^judicated in accordance with in- stmctions in force prior to the promulgation of said circular approved July 12, 1887. Approved :

Geo. Chandler,

Acting Secretary.

DBSERT ENTRIES.

Desert entry Final proof-^IneiruoHonB.

Under desert entries made prior to the circnUr regiiUtions of June 27, 1887, the final proof will be held snffioient if in oompllanoe with the regulatioos in foroe at the time the initial entry was made.

[Aotlnfc Secretary Chandler to Acting Commissioner Stone, AninxstlS, 1880.)

Upon a reconsideration of the question submitted by your oommnnication of the 17th ultimo, inquiring whether persons who had made entry under the desert-land act prior to the issuanoe of the circular of June 27, 1H87 (5 L. D., 708), but who have of- fered proof thereon since that date, shall be required, in making snch proof, to com- ply with the provisions of said circular, or whether their proof shall be deemed suf- ficient in case it complies with the regulations existing at the time when the entries were made, I am of the opinion that said rule should not be applied to such oases. It seems to me that to require the entryman to attend in person at the local office at the time of making final proof would be to impose additional burdens that were not required by the rules and regulations of the department when said entry was made. I tnerefore concur in your suggestion that all original entries made prior to the isaa- ance of said circulaa of June 27. 1887, should be adjudicated according to the regu- lations then existing. The decision of July 33, 1889, is therefore hereby reyokeSl.

Circulat^-Final proof-^Desert entry.

[Commissioner Oroff to registers and receivers, December 8, 1880. J

The requirement of circular approved June 27, 1887, (5 L. D., 708), as to publica- tion of notice of intention to make final proof in desert land entries, will not be insisted on in cases where the original entry was made prior to August 1, 1887. All entries made prior to that date will be adjudicated in acoordauoe with instraotions in foro« prior to the promulgation of said circular approved June 27, 1887. Approved :

Geo. Chandler,

Acting Secretary.

TIMBER AND STONE. Timber and etone act Final proof— Inetructume.

▲n application to purchase under the act of Jane 3. 1878. does not effect a segregation of the land cov- ered thereby.

The publication of intention to purchase under said act prevents the land from beinR entered by another pending consideration thereof ; but until said application is finally allowed the applicant han no right to or control over the land covered thereby.

The departmentid regulation requiring the submission of proof within ninety days from date of Uie published notice may be wulved where the pressure of business In the local office requires snob action.

[Acting Secretary Chandler to the Commissioner of the General Land Office, August 22, 1889.]

From your letter of the 19th instant, inclosing draught of a proponed letter to the local officers at Seattle, Wash. Ty., it appears that certain irregularities in final proof proceedings under the timber and stone act of June 3, 1878 (20 Slat., ^), have occurred at said land office.

9405 L O 10

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The third section of said act provides:

**That upon the filing of said statement, as provided in the second section of this act, the register of the land office shall post a notice of such application, emhracing a description of the land hy legal suhdi visions, in his office, for a period of sixty days, and shall furnish the applicant a copy of the same for puhlication, at the expense of snch applicant, in a newspaper published nearest the location of the premises, for a like period of time ; and alter the expiration of the said sixty days, if no adverse claim shall have been filed, the person desiring to purchase shall furnish to the register of the land office satisfactory evidence," etc.

On May 1, 1880, your office issued a circular under this act (2 C. L. L., 14r)ti>, wherein it was said :

'^ It has come to the knowledge of this office that many persons have taken the

Ereliuiiuary steps above indicated up to the point of making proof and payment, but ave failed in the last essential particular. In effect they withdraw the land from market on your records by making the application, sworn stateinenr, and publication, and then denude the land of its timber, the tract becomes valueless, and entry is not made.

" It is clear that proof and payment should be made within a reasonable time after the expiration, of sixty days from date of first publication of the notice of applica- tion.

^^ You are therefore instructed to notify each claimant under said act that he is required to make the necessary proof and payment within ninety days from date of his original application. Should the claimant fail to me^t this requirement within the period named, you will write the word 'canceled' on his application, giving date thereof, and noting the same on your records."

This requirement that proof and payment should be made within ninety days from date of the applicatiou was not carried into the general circulars of October 1, 1880, and March 1, 1884 ; but in the circular approved by the department July 16, 1887 (6 L. D., 114), it was said :

**The published notice required by the third section of the act must state the time and place when, and name the officer before whom, the party intends to offer proof, which must be after the expiration of the sixty davs of publication i«nd before ninety days from the date of the published notice. Where proof is not made before the expiration of said ninety days the register and receiver will cancel the filing upon their records and notify this office accordingly, as prescribed by instructions of May 1, 1880."

This requirement was carried into the general circular of January 1, 1889 (see page 40), and is now a subsisting regulation adopted by your office and approved by the department.

It appears, however, that at the Seattle office a large number of cases are suspended where the proof was made after the expiration of the said ninety days ; and that some thirteen hundred applications are pending wherein the dates for making proof are set for periods in the future, the latest as far off as February 21, 1891, and that this condition of affairs arises from the inability of the local office, under the pressure of other business and the large number of these applications, to apply the ninety-day rnle.

Yon call attention to the fact that under existing regulations the date of the no- tice and the date of making proof are placed under the control of the register, and, if the latter is fixed for a period more than ninety days after the former, the register is responsible therefor and not the applicant.

Taking this view of the case, and finding no statutory inhibition against such course, you propose to waive the ninety-day requirement so far as it afiects pending proofs and applications at the Seattle office, and direct that in the future due care shall be taken to have the date of making proof fixed at a period as near to the date of the original application as the pressure of business will admit, but not necessarily within ninety days.

This course of procedure meets with the approval of the department, and the in- ability of this local office to carry into execution the requirement under considera- tion snggcsts the advisability of revoking it outright.

The reason for the circular of May 1, 1880, is not sound. An application to pur- chnse under the act of June 3, 1H78, does not operate as a aegregatiou of the land covered thereby. (Smith v. Martin, 2 L. D., 33:{; Capprise v. White, 4 L. J)., 176; Henry A. Frederick, 8 L. D., 414.) It is true that, as ruled in the Frederick case, the publication of intention to purchase would prevent the land from being entered by another pending consideration of snch application, but until the final allowaDce of said application the applicant has no right to or control over the land covered thereby.

Again, nnder the circulars issued prior to that of July 16, 1887, there was no re- quirement that the notice should specify the exact date when the proof would be made. The proof was to be made some time after the sixty days and o^ore the ninety

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PUBLIC LANDS. 147

days. Now, under present regulations, the notice must name the date when the proof will be made, and the day for such act must be selected by the register, who 18 limited in bis choice to some day afUr the sixty days and before the ninety days. The impracticability of this requirement is well illustrated by the condition of busi- ness in the Seattle office.

Under these considerations I have to request that you will please report to the department upon the advisability of striking out the ninety>day requirement from the regulations now in force; and that, if this course seems advisable to you, you will prepare and submit to the department an appropriate amendment to said regu- lations, whereby it will be within the power and discretion of the local office to fix tlie date of making these proofs at such a time, after due publication of notice, as the business of such office may permit.

CIHCULAR.

[Acting CommiMioner Stone to the registers and recelTers in California, Oregon, Nevada^ and Wash- ington Territory, Septembers, 1689.]

By circular of May 1, 1880 (C. L. O. 7, p. 52), under the timber and stone act of June 3, 1878 (20 stat., 89), this office instructed the registers and receivers of the proper district land offices that claimants under said act would be required, after the proper publication for sixl^ days, as prescribed in the act, to make the necessary proof and payment witbin ninety days from date of their original applications, and that in default of the proof an(l payment at the expiration of the ninety days the applications would be canceled. It appears that up to that date there had been no regulation for restricting the claimant as to the time within which he should.make proof and payment for the land, and it was deemed proper by said circular to fix a reasonable limit therefor. By subsequent circular of July 16, 1887 ((5 L. D., 114), this regulation was renewed, with lulded regulations, by which the registers and receivers were directed that in the notice to bd furnished by the register to the appli- cant for publication the time and place for making proof and payment should be specified. The regulations of the latter circular were reproduced in the general cir- cular of this office of January 1, 1H89.

Cases having arisen in the Seattle, Wash. T., land district, in which it was found impracticable, from the pressure of business under the various laws for the disposal of the public lands, for the district land officers to properly consider and act upon all the cases arising under the said act within the period of ninety days, as prescribed, the matter was submitted for the consideration of the Secretary of the Interior, and an expression of his views elicited, as per letter from the Acting Secretary to this office of the 22d ultimo. Concurring with the views therein expressed, I am ojf opinion that the ninety days' regulation referred to should not be longer continued, and it is hereby dispensed with. The registers will hereafter fix the date for making proof and payment in the notices furnished by them, in this class of cases, at a reasonable time after due publication, having due regard to the exigencies of busi- ness at their respective offices.

Approved :

Geo. Chandler,

Acting Secretary of the Interior.

MISCELLANEOCTS.

Rules to be observed in passing on final proofs.

Department of the Interior,

General Land Office, Washington, D. C, July 17, 1889. Rules 1, 2, 3, and 4 of the circular of February 19, 1887, approved February 21, 1887 are hereby modified to read as follows, viz :

(1) Final proofs in all cases where the same are required by the general land laws or regulations of the department must be taken in accordance with the published notice ; provided, however, that such testimony may be taken within ten days fol- lowing, the time advertised in cases where accident or unavoidable delays have pre- vented the applicant or his witnesses from making such proof on the day specified. (Section 7 of tne act of March 2, 1849, 25 Statutes, 854).

(2) Where final proof or any part thereof has not been taken on the day advertised. or within ten days thereafter, under the exception and as required in rule 1| you will direct new advertisement to be made ; and if no protest or objection is then filed, the

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148 REPORT 01-^ COMMISSIONER OF GENERAL LAND OFFICE.

proof theretofore submitted, if in coiuplianoe with the law in other respects, may be accepted.

(3) If the testimony of either claimant or witness is taken at a different place than that advertisedi you will require new advertisement for the proof to be taken at suoh place as you may deem advisable ; and if no protest or objection is then filed, the proof theretofore submitted, if regular in all other respects, may be accepted without further testimony. a

(4) W'heu a witness not named in the advertisement is substituted for an adver- tised witness, unless two of the advertised witnesses testify, require new advertise- ment of the nauitih of the witnesses who do testify at such time and place as you may direct; and if no protest or objection is then filed, the proof theretofore submitted, if satisfactory in all other respects, may be accepted.

(5) Where final proof is taken before an officer not named in the advertisement, it mav beaccept(»d it otherwise sufficient, provided that the proof is taken at the time and place designated in the printed notice, or within ten days thereafter under the exceptions provided in rule 1 ; and provided, further, that both the officer adver- tised to take such pioof and the officer taking the same shall officially certify that no protest was at any time filed before him against the claimant's entr^.

(6) The certification of the declaration to become a citizen of the United States, or other evidence necessary to establish citizenship, should be received only when made under the hand and seal of the cl^rk of the court in which such papers appear of record. But where it is shown that the iudicial record has been lost or destroyed, theproof of such citizenship may be established by the rules governing the intro<luc- tion of secondary evidence.

(7) When proof is made before the register or receiver and the final certificate does not bear the date of the proof, and the record contains no reason therefor, re- qnire of the register and receiver an explanation thereof; and if the delay was caused by a failure to tender the money or other consideration at the time of making the proof, require additional evidence to show that the claimant had not, at the date of the certificate, transferred the land, -which evidence may consist of the claimant's affidavit taken before some officer authorized to administer oaths.

(y) When proof is made before any other officer than the register or receiver, allow a reasonable time for a prompt transmission of the papeis to the district laud office, and if any longer interval is shown between date of proof and date of certifi- cate (if proof is otherwise sufficient and the record contains no reason for the delay), require of the register and receiver an explanation thereof; and if such delay was caused by the fault of the claimant, require the same additional evidence as pre- scribed under rule 7.

(9) Where the final proof has been accepted by the local office prior to the promul- gation of said circular of February 19, 1887, if in all other respects aatiafactory, ex- cept that it was not taken as advertised, the cases may be submitted to the board of equitable adjudication for its consideration.

Nothing herein shall be construed to affect proofs taken under and conforming to prior rules and regulations.

W. M. Stonb,

Acting Commi»9ion€r, Approved July 17, 1889 :

John W. Noble,

Secretary,

I Aoting CommiMioner Stone to registers and receivers. United States district land offices, September,

19, 1889.]

In addition to and explanatory of the circular issued by this office on the 8th of March last (8 L. D., 314}, in regard to the act of March 2, 1889 (25 Stat., 854), for your information and the information of settlers who apply for leave of absence from the tracts covered by their several settlements, under the third section of said act, and other parties interested, it is hereby directed that any settler so applying shall submit with his application to the register and receiver of the proper land office bis affidavit, corroborated by the affidavits of disinterested witnesses, setting forth the following facts, viz :

(1) The character and date of the entry, date of establishing residence upon land, and what improvement* have been made thereon by the applicant.

(2) How much of the land has been cultivated by the applicant, and for what period of time.

(3) In case of failure or injury to crop, what crops have failed or been injured or destroyed, to what extent, and the cause thereof.

(4) In case of sickness, what disease or injury, an«' to what extent claimant is

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PUBLIC LANDS. 149

} prevented thereby from continuing upon the land ; and, if practicable, a certificate rom a reliable physician sbonld be fnrniphed. ^

(5) In caHe of '* other unavoidable casaalty," the character, cause, and extent of sooh casaalty, and its effect upon the land or the claimant.

(6) In each case full particulars upon which intelligent action may be based by the register and receiver.

(7) The dates from which and to which leave of absence is asked.

The foregoing is not to be understood as imposing restrietions upon settlers over and above what the statute contains, or to modify the conditions therein prescribed for the enjoyment of the right, but merely to indicate what facts should be set forth in the required affidavits, leaving with rlie regJHters and receivers of the several dis- trict offices the duty of making application of the law to the particular cases pre- sented, subject, of oonrso, to the supervisory authority of the department. Approved :

John VV. Xobi.r,

Secretary of the Interior.

iComniiMJoiier Grofl to relators and receivers, United States land ofiioes, Febrnftry 18, 1800.}

Where parties apply to make entries under section 2306, United States Revised Statutes, claiming, by virtue of service in the army or navy of the United States during the late civil war, and of having made a homestead entry for less than 160 acres prior to the 22d of June, 1874, and the right claimed is not certified by this office, after examination, under circular of May 17, 1877, and the certificate presented to you in support of the claim, I have to direct that, before taking final action on the claim, you forward the papers to this office for examination in connection with the official records, after making the notations on your records necessary to show the pendency of the application, and the consequent segregation of the land, so as to prevent any adverse appropriation before the application is finally acted upon, and await instructions before taking any further action in the case.

FINAL PROOF AND PAYMENT.

[To register and receiver, Huron, S. Dak., Febraary 26, 1890.]

I have received the register's letter of the I8th instant, in which he asks eertain qaeetions, which are stated below, with my answers, as follows, viz :

(1) " If claimants fail to pay for proof on day of filing same, must it be rejected, and if rejectetl by the register and receiver have they the right and power to open it np and pass to record, after a compliance with the law at a subsequent date with- out orders or authority from the Commissioner T'

Answer. I refer you, in reply, to paragraph 19, on page 45, of circular of January 1, 1889, prescribing a rule on the suoject, which is established by the authority of the head of the department and obligatory npon this office and all subordinates, and which forbids registers and receivers to accept or receive proof without proper pay- ment. Should proof be offered without such payment, but after proper notice, and without protest or objection, and be rejected by you, in obedience to the rule referred to, and .suould it be subsequently again submitted, with tender of the proper pay- ment within a reasonable time, accompanied with an affidavit of explanation, show- ing a good reason for the failure to tender the money at first, sufficient to satisfy the register and receiver of the good faith of the claimant, and showing that he has con- tinued to reside upon the land, and that he has not alienated or agreed to alienate the same, up to the date of the offer of the money, I am of opinion that they may accept the proof and money, permitting the entry to go to record, without awaiting prior orders of authority from this office. In such cases, however, all the papers therfsin should be transmitted to me, in a special report, for consideration.

(-1) " In case a proof is rejected for any sufficient cause, have the register and re- ceiver the power to open it np, cure the same, and pass to record f

Answer. If the proof is refected for any cause not affecting the good faith of the claimant, or his actual compliance with the legal conditions, and is subsequently again presented with a supplemental showing sufficient to cnre or remove the defect and to satisfy the register and receiver that the entry may be properly allowed, I am of the opinion that they may accept it without interposing technical delays or ob- jections, under the same conditions stated in answer to the first question.

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150 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

[Order to chiefs of divisions.]

Department of the Interior,

General Land Office, Washington, D. C, April 2, 1890. In view of the provisions of the act of Congress, approved October 2, 1888 (U. 8. Stats., 25, p. 526), and to afibrd time for more careful consideration of the points in- volved in tne constractiou thereof, it is hereby directed that until further orders no final entries within what are known as the arid regions of the United States shall be approved, in which the inception of the right was subsequent to October 2, 1888.

Lewis A. Groff.

Department of the Interior,

General Land Office, Washington, 1). C, Ajnil 10, 1890. The following rules are hereby established, with the concurrence of the Secretary of the Interior and Attorney-General, as additional to the regulations in accordance with which suspended claims are decided under sections 2450 to 2457, Revised Statutes, as amended by the act of Congress of February 27, 1877, viz:

31. All pre-emption, homestead, commutation of homestead, and timber-culture en- tries, in which final proof has been made, and in which compliance with one or more legal requirements wit,h reference to the final proof notice or in other respects does not appear in the papers, because of the neglect or inattention of the district land officers in allowing the fiual proof and payment to be made notwithstanding such defect, but where, in fact, notice was given, and in which no adverse claim appears, and the existing testimony shows a Rubstantial, bona fide compliance with tne law as to residence and improvements in pre-emption, homestead, and commutation of homestead entries, or as to the required planting, cultivating, and protecting of the timber in timber- culture entries, or where such facts were satisfactorily shown to the district land officers by proof which was lost in transmission to the General Land Office, and can not now be renewed by reason of the death of witnesses, or other cause.

32. All homestead and timber-culture entries in which the party has shown good faith and a substantial compliance with the legal requirements of residence and cul- tivation of the land in homestead entries, or the required planting, cultivating, and protecting of the timber in timber-culture entries, but in which the party did not. through ignorance of the law, declare his intention to become a citizen of the United States until after he had made his entry, or, in homestead entries, did not from like cause perfect citizenship until after the making of final proof, aud in which there is no adverse claim.

33. All homestead and timber-culture entries in which good faith appears and a substantial compliance with law, and in which there is no adverse claim, but in which full compliance with law was not effected, or final proof made within the period prescribed, or residence established on the land in homestead entries within the time fixed therefor by statute, or official regulation based therern, aud in which such failure was caused by ignorance of the law, by accident or mistake, by'sickness of the party or his family, or by any other obstacle which he could not control.

Lewis A. Groff, Commimoner of the General Land Office,

We concur in the foregoing additional rules.

John W. Noble, Secretary of the Interior. W. H. H. Miller,

Attorney- General.

April 24, 1890.

[GommiissioDer Groff to regiaters and receivers, United States land offlcea, June 25, 1890.1

Your attention is called to the provisions of an act of Congress entitled "An act to amend section twenty-two hundred and ninety-four of the Revised Statutes of the United Siates, and for'other purposes,'^ approved May 26, 1890, a co])y of whicbia hereto attached.

The second paragraph refers to the preliminary affidavits, no affidavits, however, being required when a pre-emption declaratory statement is filed.

Under its provisions said affidavits, when the applicant is prevented by reason of

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* PUBLIC LANDS. 151

distance, bodily infirmity, or olber good cause from personal attendance at the local land office, whether be is residing on the laud or noti may be made before the clerk of a court of record for the county in which the land is situated, or any commissioner of the United States circuit court having Jurisdiction over the oounty in which the land is situated.

The third paragraph refers to final proofs and affidavits required to be made und<^r the homestead, pre-emption, timber-culture, and desert-land laws, and provides that said proofs and affidavits may be made before any commissioner of the United States circuit court having jurisdiction over the county in which the lands are situated, or before the judge or clerk (not necessarily the clerk in the absence of the judge) of any court of record of the county or parish in which the lands are situated.

The remaining paragraphs relate to the fees which may be charged by officers other than the local officers before whom proofs may be made, but do not affect the laws governing the fees which may be charged by the local officers.

Approved :

JoHtr W. Noble,

Secretary.

(Public— No. 132.]

AN ACT to Amend section twenty- two hundred and ninety-four of the Revised Statates of the United

Statee. and for other purpoeea.

Be it enacted by the Senate and Mouse of Repreeenlativea of the United States of America in Congress assembledf That section twenty-two hnndred and ninety-four of the Revised Statutes be, and the same is hereby, amended so that it will read as fol- lows:

Sec. 2294. In any case in which the applicant for the benefit of the homestead, pre- emption, timber culture, or desert-land law is prevented, by reason of distance, bodily infirmity, or other good cause, from personal attendance at the district land office, he or she may make the affidavit required by law before any commissioner of the United States circuit court or the clerk of a court of record for the county in which the land is situated, and transmit the same, with the fee and commission, to the register and receiver.

That the proof of settlement, residence, occupation, cultivation, irrigation, or re- clamation, the affidavit of non-alienation, the oath of allegiance, and all other affi- davits required to be made under the homestead, pre-emption, timber-culture, and desert-land laws, may be made before any commissioner of the United States circuit court, or before the jiidge or clerk of any court of record of the county or parish in which the lands are situated ; and the proof, affidavit, aud oath, when so made and duly subscribed, shall have the same force aud effect as if made before the register and receiver, when transmitted to them, with the fee and commission allowed and required by law. That if any witness making such proof, or any applicant making any such affidavit or oath, shall knowingly, willfully, and corruptly swear falsely to any material matter contained in said proofs, affidavits, or oaths, he shall be deemed guilty of perjury, and shall be liable to the same pains and penalty as if he had sworn falsely before the register. That the fees for entries and for final proofs, when made before any other officer than the register and receiver, shall be as follows :

For each affidavit, twenty-five cents. .

For each deposition of claimant or witness, when not prepared by the officer, twenty- five cents.

For each deposition of claimant or witness prepared by the officer, one dollar.

Any officer demanding or receiving a greater sum for such service shall be guilty of a- misdemeanor, and, upon conviction, bhall be punished for each offense by a fine not exceeding one hundred dollars.

Approved May 26, 1890.

ARID LANDS.

[To register and reoeiver. Independence, Cal., Angost 29, 1889.]

Filings allowed for lands that may be selected as sites for reservoirs, ditches, or oanals, or lands susceptible of irrigation thereby, will be at the risk of the parties filing, under the act of October 2, 1888, and circular of August 5, 1889.

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152 REPORT OF C0MMI8BI0NER OF GENERAL LAND OFFICE.

FINAL PROOF NOTICES. [To register and reoeiver, Los Angeles, Cal., May 9, 1890. 1

The act of March 3, 1879, reqaires that such notices (fiaal proof) shall be pablished in a newspaper to be designated by the register as nearest th^ land, xf ap- plication 18 made to publish snch notices by any newspaper that yon do not consider Dona fide, and having an actual and legitimate circulation, you can require affldavita from the publishers to establish the facts, aud if then iu doubt the matter should be referred to thia office for instruction.

ITo register and receiver, Neligh, Xebr., May 22. 1800.]

In relation to the publication of final -proof notices iu a newspaper at Amelia, Nebr., I have to refer you to the circular instructions of this office of July 'M, 1884, in which yon are required to satisfy yourselves as ro the character and bona fides of the paper in which the notices should be published.

Proper affidavits to establish the facts desired should be called for, and if glaring and inexcusable blunders are made in the description of the lands or other particn- lars, whereby the notice should require to be republished, causing inconvenience and delay to the settler, your action in refusing to give notices to such papers would be sustained by this office.

Bnt prior to taking such action you will submit full and specific proof, supported by affidavits if advisable, and ask for specific instructions. The law in relation to these publications should be your guide, and only in cases where the plain purpose of the law is not subserved to the full extent required should there be any question in the matter.

(1) Additional entry aet of March 'i 1889. The rule of approximation which governa in original entries also governs in additional entries under the act of March 2, 1889.

, An applicant under said act is required to pay for any excess of area over 160 aorea contained in both the original and additional entry. (To the register aud reoeiver, Huron, Dak., September 23, 1889.)

(2) Meandered stream. A homestead entry should not be allowed to embrace land on both sides of a meandered stream. (To register and receiver, Guthrie, Ind.T.^ December 4, 1889.)

(3) Widow of a Boldier who fiHl a homestead declaratory statement,— The widow of a soldier who had filed a homestead declaratory statement may make homestead entry of the tract covered thereby, subject to compliance with section 2291, United States Bevised Statutes. (To George B. Cock^ M. D., Canton, Ohio, December 6, 1889.)

(4) Married woman act of March 2, 18*^. A married woman can not make a home- stead entry under the act of March 2, 1889. (To register and receiver, Chadron, Nebr., April 2, 1890.)

(5) Agent soldier's homestead declaratory statement. One person may act as agent for several claimants, but if any unfair advantage is attempted by such agent, it rests in the discretion of the local officers to guard against any snch wrongful attempts by any means consistent with the statutory rights of the parties. (To register and re- ceiver, Wausau, Wis., April 29, 1890.)

NEW LAND DISTRICTS, CHANGES IN BOUNDARIES, ETC

Ko, 928. Notice of change of boundaries of the Lamed land district, in the State ofKaneas,

Notice is hereby given that the President of the United States, by executive order dated August 2, 1889, has, pursuant to law, directed that all that portion of the former Wichita land district, in Kansas, which was consolidated with the Topeka land dis- trict by executive order of February 19, 1889, except the counties of Butler and Cow- ley, in said district, be and the same are hereby transferred from the Topeka land dis- trict to the Larned land district, in the State of Kannas.

Further notice of the precise time when the land officers at Larued will be in readi- ness to receive applications for the lands hereby transferred will be given by the reg- ister and receiver by publication.

Given under my hand at the city of Washington this 3d day of August, A. D. 1889.

By the President :

W. M. Stone, Acting Commissioner of the General Land Office.

No. ii29.— 'Notice of the transfer of certain townships from the Independence to the Stook^ ton land district^ in the State of California.

Notice is hereby given that the President of the United States, by executive order dated the 27th day of September, 1889, has directed, under the provisious of section 1^253, Revised Statutes, that townships 1, 2, 3, and 4, soutli of range 22 east. Mount

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PUBLIC LANDS. 153

Diablo B. and M., now inoladed in the Independenoe land district, in the State of Calii'omia^ be and the same are hereby transferred to and included in the StocktoD land district, in said State.

The register and receiver at Independence will give further notice by publication of the precise date when they will turn over to the officers at Stockton all the records for the land transferred.

Given under my hand at the city of Washington this 1st day of October, A. D. 1B89»

By the President :

Lewis A. Groff, Commisaioner of the General Land Office.

No. 930, Notice of the ohange of boundaries of certain land diatricte, in the States of North

Dakota and South Dakota.

Notice is hereby given that the President bi the United States, by executive order dated December 3, 1889, has, pursuant to law, directed that certain changes be made in the boundaries of land districts, as follows :

All the lands embraced in townships 129 north of ranges 47 to 66 west, inclusive, now constituting a part of the Aberdeen and Watertowu land districts, are hereby transferred and attached to the F^argo land district', in the State of North Dakota^ and all the lands embraced in township 129 north of ranges from and including range 67 west, to the Missouri river, now constituting a part of the Aberdeen land district, are hereby transferred and attached to the Bismarck laud district, in the State of North Dakota.

Further notice of the precise time when the changes herein directed will be carried into effect will be given by the laud officers of the Fargo and Bismarck land districts respectively.

Given under my hand at the city of Washington this 6th day of December, A. 1889.

By the President :

Lewis A. Groff. Commissioner of the General Land Office.

Notice of the establishment of boundaries of land distriotSf and the location of offices thereof in the State of South Dakota; also of the transfer of certain lands to the Dakota land district, in Nebraska.

Notice is hereby given that the President of the United States, by executive order dated February 10, 1890, has, pursuant to law, directed that the boundaries of certain land districts in the State or South Dakota be changed and established, and the offices located as follows :

It is hereby ordered, to subserve the public interests, that the boundaries of the Black Hills land district, created by executive erder dated March 10, 1877, pursuant to the provisions of section 2343 of the Revised Statutes of the United States, the office of Haid district being now located at Rapid city, by executive order dated De- oember 13, 1888, in the State of South Dakota, be changed and extended so as to include all that portion of the State of South Dakota west of the one hundred and second meridian of longitude and south of the seventh standard parallel north ex- tended.

Second.— That the boundaries of the district named iit the first section of the act entitled '*An act to create three additional land districts in the Territory of Dakota,'' approved March 3, 1883, be changed and established as follows :

Beginning at a point on the southern boundary of the State of South Dakota, at the southeast corner of the Black Hills laud district as defined above; thence north on the eastern boundary line of said land district to a point where the line of the secoud standard parallel north, when extended west ftom the Missouri river, intersects said eastern boundary of the Black Hills land district; thence east on said standard parallel to the east bank of the Missouri river; thence following the bank of said river down to a point where the second standard parallel intersects said river, at a point in range 73 west ; thence east on said parallel to the northeast corner of town- ship 108 north, range 6H west; thence south between townships 67 and 68 west to the southeast corner of township 106 north, range 68 west; thence east on the line be- tween townships 105 and 106 north to the northeast corner of township 105 north, range 67 west ; thence south on the line between ranges 66 and 67 west to the base- line between townships 100 and 101 north ; thence west on said base-line to the Mis- souri river; thence along the same southeasterly to the forty-third parallel ; thence orosRing the Missouri river and running due west to the place of beginning ; to be known as the Chamberlain land district, and the land office in the said district shall be located at the town of Chamberlain, in Brnl^ county, S. Dak.

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164 REPORT OP COMMISSIONER OF GENERAL LAND OFFICE.

Third. ^That the bouDdaries of the district established by the second section of the said act of March 3, 1883, last aforesaid, be changed and established as follows :

BeginninfT at a point on the north bank of the Missonri river in township 109 north, where the. range line between ranges 73 and 74 west intersects the same : thence running north on the line between ranges 73 and 74 west to the third standard par- allel norlh ; thence west to the east boundary of the Fort Snlly military rostirva- tion ; thence southeast to the southeast corner of said reservation ; thence west along the southern boundary of said reservation to the Missonri river; thence np the east bank of said river to the fifth standard parallel ; thence west along the line of said fifth standard parallel, when extended, to the one hundred and second meridian ; thence south along said meridian to the northern boundary of the laud district as last above described ; thence along said north boundary line of said last-named land district to the place of beginning; to be known as the Pierre land district, and the land ofUce in said district shall be located at the town of Pierre, in Hughes county,^ S. Dak.

Fourth, That the boundaries of the land district which was created by an act of Congress approved March 23, 1882, entitled "An act to create* two additional land districts, and to change the boundaries of the Watertown land district, in the Terri- tory of Dakota" (Stats., vol. 22, pp. 33 and 34), the office of said district being located at Hurou by executive order dated April 4, 1882, and now called the Huron land dis- trict, be changed by omitting therefrom the following :

Beginning at a point on the MisMouri River where the township line between ranges 73 ancr74 west, in township 109, intersects said river; thence north on the. line be- tween ranges 73 and 74 west to the third -standard parallel ; thence west on said par- allel to the eastern boundary of Fort Sully military reservation ; thence southeast to the southeast corner of said reservation ; thence west on the south boundary of said reservation to the Missouri river; and thence down the east bank of said river to the point of beginning, which last-described land has been added to the Pierre land dis- trict.

Fifth. That the boundaries of the Sioux Falls land district, office now located at Mitchell, as fixed by the second section of execntive order dated April 5, 1879 (order No. 850), as changed by the act of Congress approved March 2:1, 1882, entitled **An act to create two additional land districts and to change the boundaries of the Water- town land district, in the Territory of Dakota" (Stats., vol. 22, pp. 34 and 35), be changed by omitting therefrom the following:

Beginning at a point where the base line between townships 100 and 101 north in- tersects the east bank of the Missouri river; thence east*to the range lino between ranges 6H and 67 west; thence north on said range line to the northeast comer of township 105 north, range 67 west ; thence west on the township line between town- ships 105 and 106 north to the northeast corner of township 105 north, range 68 west: thence north on the township line between ranges 67 and 68 west to the second Btatidard parallel; thence west on said parallel to the Missouri river; and thence south along the east bank of said river to the place of beginning, which last-de- scribed land has been a<lded to the Chamberlain land district.

Sixth, That the boundaries of the land district in the State of Nebraska originally established by that act of Congress entitled ''An act to establish three additional land districts in the I'erritory of Nebra«ka, approved March 3, lt£7, and therein called the Dakota land district," and the office whereof is now located at the town of O'Neill, Holt county, Nebr., be changed and established so as to include therein ail that territory lyiug south of the forty-third parallel of north latitude and east of the Keyapaha river and west of the main channel of the Missouri river, being all that territory heretofore included in the Sioux Indian Reservation south of said forty-third parallel of north latitude.

Further notice of the precise time when the offices of the respective districts will be in readiness to open the same and to receive applications for the lands will be given by the registers and receivers by publication.

Given under my hand at the citv of Washington this 11th dav of Febmarv, A. D. 1890.

By the President :

Lewis A. Groff, Commi$8ioner of the General Land Office.

No. 932,^Notioe of the estahlishmeni of three additional land diatricte in the State of Colo- radOj and of the location of the offices of said districts.

Notice is hereby given that by an act of Congress approved February 6, 1890, ** all that portion of the State of Colorado bounded and described as follows : Commencing at the northeast corner of the State of Colorado; thence west along the north boundary line of said State to a point at the intersection of said line with the west line of range 59 west; thence south along said west line of said range to its inter-

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PUBLIC LANDS. 155

flection with the first corrected line north in said State <•£ Colorado; thence east along said first corrected line north to the eastern boundary line of said State of Colo- rado; thence north alon^ir the eastern boundary line of said I^tate to the place of be- ginning, be and is hereby constitn^d a new land district, to be called the Sterling land district.

** Sec. 2. That all that portion of the State of Colorado bounded and described as follows: Beginning at the point where the first corrected line north in the said titate intersects the eastern boundary line thereof; thence west alone said corrected line north to its intersection with the seventh guide meridian west in Naid State ; thence south along said seventh guide meridian to the point of its intersection with the first corrected line south in said State; thence east along said first corrected line to the point of its intersection with the eastern boundary line of said State ; thence north along said eastern boundary line of said State to the place of beginning, be and is hereby coi stituted a new land district, to be called the Akron land district.

" Sec. 3. That all that portion of the State of Colorado lying east of the seventh guide meridian west, south of the first corrected line south, and north of the third corrected line south, be and is constituted a new laud district.^'

Under -the provisions of section 4, of the act above named, the President of the United States^ by executive order dated th^ 4th day of March, ItUO, has directed that the land office for the Sterling land district, created by the first section of the act, shall be located at Sterling; that the land office for the Akron land district, created by the second section of the act, shall be located at Akron ; and the office for the district created by the third section of the act shall be located ut Hugo, and the district shall be known as the Hugo district.

Fnrther notice of the precise date when the laud offices for the districts as above named will be opened for the transaction of public business will be giveu by the reg- isters and receivers thereof by publication.

Given under my hand at the city of Washington this 6th day of March, A. D. 1890.

By the President :

Lewib a. Gboff, Conimi88ionej\ of the General Land Office.

Xo. 333. Notice of the eatahJishment of tivo additional land dtBtricti* in the State of

Montana.

Notice is hereby giveu that by au act of Congress approved April 1, 1890, *'all that portion of the State of Montana bounded and described as follows: ConiLienc- ing at a point on the southern boundary of the State where the line between ranges 14 and 15 west of the Montana principal meridian intersects said boundary, and run- ning north along said line to the northern boundary line of the State; thence with said boundary line to the northwest corner of the State ; thence southwardly along ' the boundary line between Montana and Idaho to the place of beginning, be and the same is hereby constituted a new land district, to be called Missoula land dis- trict of the State of Montana, and the land office for said district shall be located at the town of Missoula,

*' Sec. 2. That all that portion of the State of Montana commencing at that point on the first standard parallel north, where the range line between townships 27 and 28 east of the principal meridian intersects the same ; thence running north along said range line to the southern bank of the Missouri River; thence westerly along said river to the point where the range line between ranges 12 and 13 east of the principal meridian iutersects said river ; thence south along said range line between ranges 12 and 13 east to the first standard parallel north, and thence east along said standard parallel to the place of beginning, be, and the same is hereby, .constituted a new land district, to be called the Judith laud district, in the State of Montana, and the laud office for said district shall be located at the town of Lewiston.

Further notice of the precise dace when the land offices at Missoula and Lewiston will be opened for the transaction of public business will be given by the registers and receivers thereof by publication.

Given under my hand at the city of Washington the Uth day of April, A. D. 1890.

By the President :

Lewis A. Groff. Commissioner of the General Land Office.

^0.934. Notice of the eBtdbliahment of two additional land districts in the State of Ne*

hraska.

Notice is hereby given that by an act of Congress approved April 16,1890, ^'all that portion of the State of Nebraska bounded and described as follows: Commeuc- ing at a point where the fifth guide meridian west of the sixth principal meridian

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156 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

intersects the line between townships 26 and 27 north ; thence east along said line to the northeast corner of township 26 north of range 21 west; thence sonth to the fifth standard parallel north ; thence east along said standard parallel to the second guide meridian west ; thence south to the fourtl^tandard parallel north ; thence west to the southwest; corner of township 17 north of range 27 west ; thence north to the northeast corner of township 18 north of range 28 west ; thence west to the fifth guide meridian west, and thence north along said fifth guide meridian west to the place of beginning, be and the same is hereby constituted a new land district, to be called the Broken Bow land district, the land office for which shall be located at Broken Bow, in the State of Nebraska.

"S' c. 2. That all that portion of the State of Nebraska bounded and described as follows: Commencing at a point where the line between townships 27 and 28 north intersects the western boundary of the State ; thence east along said township line to the northeast corner of township 27 north of range 41 west; thence south to the southeast corner of township 19 north, of range 41 west, thence west to the south- west corner of township 19 north of range 45 west, all of the sixth principal meridian: thence north to the fifth standard parallel north ; thence west along said fifth standard parallel north to the western boundary of the State, and thence along said bonndary line to place of beginning, be and the same is hereby constituted a new land district, to be called the Alliance land district, the land office for which district shall be locatea at Alliance, in the State of Nebraska.''

Further notice of the precise date when the land offices at Broken Bow and Alliance will be opened for the transaction of public business will be given by the registers and receivers thereof by publication.

Given under my hand at the city of Washington this 25th day of April, A. D. 1890.

By the President :

LEWI8 A. Groff, CommUeioner of the G^eral Land Office,

No, 9H5 Notice of the removal of the land offi^sefrom Shusta to Redding^ in the State of

California.

Notice is hereby given that the President of the United States, by executive order dated the 13th day of May, 1890, has, pursnant to law, directed that the office for the sale of public lavas now located at Shasta, in the State of California, be removed to and located at the town of Redding, in said State.

Further notiee of the precise date when the land office will be closed at Shasta pre- paratory to removul and re-opening the same at Redding will be given by the register and receiver of the district, by publication.

Given under my hand at the city of Washington this 15th day of May, A. D. 1800.

By the President :

Lbwis a. Groff, Commiisioner of the General Land Office.

No. ^27.— Notice of the eatablishment of two additional land dietrtcte in the State of

Washington,

Notice is hereby given that by an act of Conifress approved May 16, 1890, all that portion of the State of Washington bounded and described as follows : Commencing at a point on the western coast of the State of Washington where the line between townships 14 and 15 north of the base line intersects said coast ; thence east along said line between townships 14 and 15 to the summit of the Cascade range of mount- ains; thence north along the summit of eaid range to a point where the fifth stand- ard parallel, if projected, would intersect said range ; thence west along said fifth standard parallel to the Willamette principal meridian ; thence north along said meri<1ian to the northeast corner of township 24 north of range 1 west; thence west along the line between towuHhips 24 and 25, when extended, to the Pacific Ocean ; thence south along the western coast of the State to the place of beginning, be and the same is hereby constituted a new land district, to be called the Chehalis land district, in the State of Washington, and the land office for the said district shall be located at the city of Ol^mpia.

Sec. 2. That all that portion of the State of WaMhiogton beginning at a point on thu northern boundary of the State wht^re the Columbia guide meridian, when projected, will intersect the said northern boundary of the State ; thence west along said northern boundary to a point where the same intersects the summit of the Cas- cade range of mountains ; thence south along the summit of said Cascade range to a point where the fifth standard parallel north, when projected, will intersect said range; thence east along said fifth standard parallel to the intersection thereof with

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PUBLIC LANDS.. 157

the Colambia guide meridian between ranges 30 and 31 east; thence north folio w- ing Maid gnide meridau to the place of beginning, be and the same is hereby consti- tuted a new land district, to be cailed the Columbia land district in the State of Washin^^ou, and the land office for said district shall be located at the town of Water viUe.

Further notice of the precise date when the laud ottices at Olynipia and Water ville will be opened for the transaction of public business will be given by the registers and receivers thereof by publication.

Given under my hand at the city of Washington the 27th day of May, A. D. 1890.

By the President :

W. M. Stonb, JsfUtant Cammi$8ionfr of the General Land Office.

No, 92^,^Notiee of the eetahliehment of three new land diatriote in the Territory of Wyo^

ming.

Notice is hereby given that by an act of Congress approved April 23, 1890, all the public landsin the Territory of Wyoming bounded and described as follows: Begin- ning at a point on the eastern boundary* of the said Territory where the tenth stand- ard parallel north intersects the same ; thence running west aloug said tenth standard parallel north to the southeast corner of township 41 north, range 75 west; thence north on the line between ranges 74 and 75 west to the northern l^undary line of the said Territory ; thence east along haid northern boundary line to the northeast cor- ner of the said Territory ; thence south along the said eastern boundary line of the said TeiTitury to the place of beginning, shall constitute a new land district, and the land office of the said district shall be located at such place in said district as the President may direct.

Sbo. 2. That all the public lauds of the Territory of Wyoming bounded and de- scribed as follows: Beginning at a point on the northern boundary of the said Terri- tory where the twelfth guide meridian will, wben exteudcil, intersect with the same ; thence south along said guide meridian to the eleveuth standard parallel north ; thence east along said parallel to the eleventh auxiliary meridian ; thence south along said meridian, when extended, to the seventh staudard parallel north; thence west along said seventh standard parallel to the southwest comer of township 29 north, range 104 west, of the sixth principal meridian ; thence north along said liue between ranges 104 and 105 west to the ninth standard parallel north, when extended ; thence along said parallel, when extended, to the western boundary of the said Territory ; thence north aloug said western boundary to the northern boundary of the said Terri- tory; thence east along said northern boundary to the place of beginning, shall con- stitute a new land district, and the land office of the said district shall be located at such place in the said district as the President may direct.

8kc. 3. That all the public lands in the Territory of Wyoming boanded and de- scribed as follows: Beginning at a point on the eastern boundary of the said Territory where the tenth standard parallel north intersects the same ; thence running west along the said tenth standard parallel north to the eleventh auxiliary meridian: thence south along said meridian, when extended, to the seventh st-aodard parallel north ; thence east along the said seventh standard parallel to the southeast comer of town- ship 29 north, range 71 west ; thence north on the line between ranges 70 and 71 west to the southeast corner of township 31 north, range 71 west ; thence east along the line between townships 30 and 31 north to the eastern boundary line of the said Terri- tory to the place of beginning, shall constitute a new land district, and the land office of the said district shall be located at snch place in said district as the President may direct.

And by executive order dated June 3, 1890, the President of the United States has, pursuant to law, directed that the land district created by the first section of the act shall be known as the Crook land district, and the office thereof located at Sundance ; that the district created by the second section of the act shall be known as the Shoshone land district, and the office thereof be located atLandfr, and that the district created by the third section of the act shall be known as the Pfatte land district, the otHce thereof to be locat^'.d at Douglas.

Further notice of the precise date when the laud offices at Suudance, Lander, and Doughis will be opened for the transaction of public business will be given by rhe registers and receivers thereof by publication.

Given under my hand at the city of Washington the 7th day of June, A. D. 1890.

By the PreHident :

W. M. Stonk, Acting Commiaeioner of the General Land Office,

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158 REPORT OF COMMISSIONER OP GENERAL LAND OFFICE.

No. 93Q -Xoiiee of the eMtahlishment of a land district in the public land strip, Oklahoma Territory f and location of the land office for the same.

Notice is hereby given that by an act of Congress approved May 2, 1890, "that portion of the Territory of Oklahoma heretofore known as the public land strip is hereby declared a public land district,* and the President of the United States is hereby empowered to locate a land office in said district at such place as he shall select, and to appoint, in conformity with existing law, a register and receiver of said land office/'

And by execntive order dated June 3, 1890, in conformity with the law, the Presi- dent has designated the town of Butfalo. in said Territory, as the place of location of the land office of the district.

Further notice of the precise date when the land office at Buffalo will be opened for the transaction of public business will be given by the register and receiver of the district by publication.

Given under mv hand at the city of Washington the 7th day of June, A. D. 1890.

By the President :

W. M. Stone, Acting (Jommiesioner of the General Land Office.

No. 9A0.—Notioe of the estahUshment of an additional land disUHct in the Territory of

Oklahoma,

Notice is hereby given that under the provisions of section 19 of an act of Congress approved May 2, l&O, to provide a temporary government for the Territory of Okla- homa, authority is given to the President of the United States, whenever he shall deem it necessary, to '* establish another additional land district within said Terri- tory and to locate a land office therein, '' and by executive order dat«;d June 6, 1890. the President has, pursuant to law, directed that all that portion of the two land districts in said Territory, offices therefor being now located at Guthrie and King- fisher, lying south of the lines between townships 13 and 14 north, be constituted a new land district, to be designated as the Oklahoma City land district, and the office therefor located at Oklahoma.

Further notice of the precise date when the office at Oklahoma will be opened for the transaction of public business will be given by the register and receiver of the district by publication.

Given under my hand at the city of Washington the 11th day of June, A. D., 1890.

By the President :

Lbwis a. Groff, Commissioner of the General Land Office.

List of existing local land offices June 30, 1890.

Name of office.

HuBtavllle .... Moutgooaery ..

Sitka

Pre«oott

Tac«on

CamdoD

Dardanelle ....

Harrison

LitUeRock ...

Humboldt

Independeoce . Los AiiKoles...

MarysTille

Roddini?

Saoramento . . San Francisco-

Stockton

Susanyille

Viaalla

Akron

Central City...

Del Norte

Denver

State or Territory.

I Date of act

!o"JdS?rtho7>-teo'oj--

iKingthees- *°K*

' tablishnient.

Alabama...

...do

Alaska..., Arisona....

...do

Arkansas.

...do

...do

...do

California..

...do

...do

...do

...do

...do

...do

.. do

...do

...do

Colorado...

...do

...do

...do

Mar. 8,1807 Jaly]0.188« May 17, 1884 Nov. 3,1868 Apr. 22, 1881 Jan. 10, 1871 July 14, 1870 Jalv 14, 1870 Feb. 17. 1818 Mar. 29. 1858 Apr. 22, 18^6 June 12,1869 Mar. 3,1853 May 13, 1890 Joly 26, 1866 Jan. 16, 1857 Mar. 29. 1858 Feb, 10. 1871 Mar. 29. 1858 Feb. 6,1890 July 26, 1866 June 20, 1874 June 4.1864

Joly 27,1810 6Jan. 1, 1884 Feb. 1, 1885 Oct 1. 1870 July 1, 1881 Mar. 20, 1871 May ai, 1871 Fel^ 27,1871 Sept. 1,1821 July 24,1858 Mar. 22, 1887 Sept 22, 1869 Apr 27.1858 July 15,1890 Not. 4^1867 Nov. 8,1857 July 1,1868 Mar. 2.1871 July 10,1858 Aug. 1,1890 Mar. 24,1868 Mar. 22,1875 Aojr. 15, 1864

(a) Where date of opening is not known, date of first entry at that office is given. (6) About.

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PUBLIC LANDS. 159

Li9t of existing local land offices June 30, 1890 CootiDocd.

Name of offloe.

Darango

Glen wood Springs

OnnnisoD

Hugo

Lamar

Leadville

Montrose

Paeblo

Sterlinjr

6aini>ayiUe

Blackfoot

Bois^City

CcBorcVAlene

Hailey

LewUton

DeaMoinea

Bnffftlo

Gattarie

Klngflaher

Oklahoma City

Garden City

Kirwin :

Lamed

Oberlin

Salina

Topeka

WaKeeney

Natchitochea

New Orleans

Graylinfr

Karaaeite

Crookaton

Dnlutb

MazafaaU

StCloud.

Taylor's Falls

Jaokaon

Boonville

IrontoD

Sprlnf^eld

Boseinan

HeleB*

Lewiatown (Judith district)

MileaOity

Miaauula

Alliance

Bloominffton

Broken Bow

Chadron.

Grand Island

Lincoln

HcCook

NeliKh

North Platte

O'NefU

Sidney

Talentlne

Carson City

Enrplu

Fol«onj

LasCrnces

Roswell

Santa F6

Bismarck

Devil'sLake

FarKo

Grand Forka

La Grande

Lakeview

OrOKonCity

Barux

Roaehnrsh

The Dallea .

State or Territory.

Date of act or executive order author- izing the efi- tablishment.

Colorado

...do

...do

...do

...do

...do

...do

..do

...do

Florida

Idaho

...do

...do

...do

.. do

Iowa

Oklahoma Territory .

...do

...do

...do

Kanaas

...do

...do

...do

.. do

.. do

...do

Louiaiana

...do

Michigan

.. do

Minnesota

do.

do.

do .

do.

Apr. 20, 1882 July 3,1884 Oct 20,1882 Feb e, 1890 Aug. 4,1886 Apr. 5,1879 Jan. 4,1888 May 27, 1870 Feb. 6,1890 June 8,1872 Sept 3,1886 July 26. 1866 Jnlv li, 1884 Jan. 24. 1883 July 26, mW Aug. 2,1852

May Mar. Mar. May Mar.

Miaaissippi....

Missouri

.. do

..do

Montana.

...do

...do

...do

...do

Nebraska

...do

...do

...do

...do

...do

...do

...do

...do

..do

...do

...do

Nevada

...do

New Mexico...

..do

...do

...do

North Dakota. .

... do

...do

...do

Oregon

"do."

do. do. do.

2, 1800 3,1889 3,1880 2.1890 .1, 1F81 Nov. 6,1874 June 20. 1874 May 24. 1880 Mar. 20, 1871 July 24, 1881 July 8, 1879 July 7,1838 Mar. 3.1811 Feb. 7,1888 Mar. 19. 1857 Apr. 29, 1878 Mar. 27, 1862 Feb 21,1889 Feb. 23,1858 Ang.21,186] June 23, 1836 May 18, 1857 May 20, 1861 June 26, 1834 Juno 20, 1874 M«r. 2,1867 Apr. 1,1890 Apr. 30. 1880 Apr. 1, 18U0 Apr. 16, 1890 July 1,1874 Apr. 16, 189U May 3,1886 Aug. 12, 1869 July 7,1868 June 19, 1882 June 28, 1881 Apr. 22, 1872 Apr. 7,1888 May 3, 18f6 June 19, 1882 July 2,1862 Mar. 31, 1873 Dec. 18,1388 Mar. 10, 1883 Mar. 1,1889 May 24, 1858 Apr. 24, 1874 Mar. 3,1883 Dec. 29. 1873 Jttn. 21.1880 July 3.1806 June 6, 1877 Aug. 24, 1864 June 1,1889 Sept 15, 1859 Jan. 11,1875

Date of open- ing, a

Oct 21,188 2 Nov. 10,1884 Apr. 2.1883

Jan. 8, 1887 July 1, 1879 Sept. 1,1888 Jan. 16,1871

ib) Apr. 30, 1873 Nov. 16,18§6 Jan. 18,1868 Dec. 21,1885 July 16.1888 Sept. 26^ 1871 Jan. 28,1868

ib)

Apr. 22,188»

Apr. 23.1889

Sept 1,1890

Oct 1, 1888

I Jan. 4,1876

I Feb. 20, 1875

, Aug. 1.1881

' May 1, 1871

I Sept 10.1861

Oct 20,1879

I Oct 12, 1838

oJan. 1,1812

Apr. 16,1888

July 14.1857

May 5, 1879

Jan. 15,1868

Mar. 1, 1889

Apr. 29. 1858

Oct 1, 1861

July 25. 1836

Aug. 1.1857

July 8,1861

Oct. 4, 1838

Oct. 5. 1874

Apr. 27, 1867

ib) Oct. 9. 1880

July 1,1890 I Sept 10, 1874 July 7, 1890 July 1, 1887 Deo. 6, 1869 Sept 7,1868 June 16, 1883 July 17.1888 Apr. 17,1873 July 16,1888 July 1, 1887 July 2,1883 Mar. 1.1864 May 6, 1873 Aug. 12, 1889 Apr. 2M888 Dec. 9, 1889 Nov. 24, 1858 Oct 12, 1874 Aug. 24, 1883 Sept 1,1874 Apr. 20,1880 Nov. 15,1867 I Aug. 6,187T Jan. 1. 1855 ; Sept 2, 188»

Jan. June

(a) Where date of opening la not known, date of first entry made at that office is given.

(b) Not yet opened. (e) About.

3,1860 i, 1875

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160 REPORT OP COMMISSIONER OF GENERAL LAND OFFICE. List of existing local land offices June 30, 1890'Continaed.

Name of office.

Aberdeen

Chamberlain . . .

Haron

HltcheU

Piore

BapidCity

Watertown

Tankton

Salt Lake City . VoTth Yakima .

Olympia

Seattfe

Spokane Falla..

vaDOonver

Walla WalU...

WaterriUa

Aahland

Baa Claire

Menaaha

Wausan

BaifiUo

Cheyenne

' Douglas

Evaaston

Lander

Sundance

State or Territory.

Date of act |

o";dra^a"tr-'^*<-fopen.

iEinK the cs- ^^- * tabliahraent. ,

South DakoU Mar. 23,1882

...do ; Feb. 10,1890

...do Mar.23,1882

...do July 14,1880

...do Feb. 10,1890

... do Deo. 13,1888

...do Apr. 5,1879

...do May 21,1872

UUh July 18,1888

Wasbington Apr. 11,1885

...do May 16,1880

...do June27, 1887

...do June 23, 1883

...do May 16.1880

...do Mar. 8.1871

...do May 16,1890

Wiaoonsin Sept.28,1886

do Mar. 3,1867

do July 14,1852

...do Wyomiug

...do

...do .... ..do.-... ...do.... ...do

June 19, 1872 Mar. 3,1887 Feb. 5,1870 Apr 23, 1890 Aug. 9,1876 Apr. 23, 1890 Apr. 3,1890

Oct 2,1882 Apr. 3.1800 Oct. 9,1882 Jan. 3, 1881 May 12,1800 Jan. 15,1880 May 1. 1880 July 24,187S Not. 1,1868 24.1886 1.1800 3,1887 1,1888 S.1801 17,1871 ib)

Not. 13,1880 July 1,1857 Sept. 1,1862 Aog. 19,1872 May 1. 1888 Aug. 10.1870

(6)

Aug. 13,1877

(b)

(6)

Apr. Oct. Dec Oct July July

(a) Where date o' opening is not known, date of flrat entry at that oflioe ia given.

(b) Not yet opened.

Note. —Br aot of July 31, 1876, the land offices in Ohio, Indiana, and Illinois were abolished ; and by act of Maron 8, 1877, the racaat tracts of public land in Ohio, Indiana, and Dlinois are made subject (0 entry and location at the aeneral Land Office, Washington, D. C.

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D— PKIVATB LAND CLAIMS DIVISION.

This divisioD has charge of all claims which had their origin in some form of concession from a foreign government before the acquisition by the United States of the territory in which they are located, and are embraced within the purchases of Louisiana and Florida, the former by the treaty of April 30, 1803, with France, and the latter by the treaty of February 22, 1819, with Spain, and the cession made by Mexico by the treaty of Guadalupe Hidalgo and the subsequent Gadsden pur- chase.

The rights 'Of claimants to property acquired from the former govern- ments when they exercised sovereignty over the regions of country in which their respective claims are situated are recognized and protected by the treaties of acquisition referred to. After the confirmation of this class of claims under the various laws passed by Congress for as- certaining their validity, their proper location by a United States sur- vey and patenting come within the supervision of this division. It also has charge of the examination, location, and patenting of donation claims in the State of Oregon and the Territories of Washington, New Mexico, and Arizona ; and of Indian lands, both reservations and allotments, and the issuing of scrip in satisfaction of confirmed claims where the title to suQh claims has been ac^udicated by the Supreme Court of the United States under the act of Congress of June 22, 1860, and certifi- cates of location or scrip decreed by said court ; also, of the examination and authentication of other scrip issued for like purpose underact June 2, 1858, and the examination and patenting of New Madrid locations, act February 17, 1815, and other matters in the service similar to the foregoing.

The labors of this division will be largely increased when the provis- ions for allotment of lands in severalty to Indians, under the act ap- proved February 8, 1887, are more fully carried into effect.

WOBK PEBFOBMED.

During the fiscal year ending June 30, 1890, the principal work per- formed in the division was as follows :

California priTate land claims patented 1

Oreffon and Waahington donation pateuts 24

Indiana, Louisiana, Florida, and Arlcansas private land claims patented 28

Indian claims patented 354

Entries with certificates of location finally approYed 147

Claims in New Mexico under act of July 22, 1854, reported to Congress 1

Claims in Louisiana satisfied with scrip, act of June 2, 1858 29

The indemnity scrip issued in lieu of the above twenty -nine unlo- cated Louisiana' private land claims amounted to 16,272.87 acres.

The total number of letters received in this division of the office dur- ing the fiscal year was 1,155 and the total number written was 1,187.

Of cases examined some have been passed for patenting, while others have been suspended on account of imperfections and are now subjects of correspondence.

9405 L 0 ^11 161

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162 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

Of the cases decided some are now on appeal, or awaitiug the expira- tion of the time within which appeal may betaken or motions for review.

Regarding the condition of the work in this division at toe beginning of the carreut year the following statement is submitted:

California cases docketed and uot fiually adjudicated 14

CoDfirmed New Mexico and Arizona private land claims not finally adjudicated. 27 Oregon, Washinj^ton, New Mexico, and Arizona donations reported and not fi- nally adjudicated 117

Scrip cases, act of June 2, lr$58, reported and awaiting action 59

Imperfect claims reported under act of June 22, I860, and supplemental legisla- tion, to be reported to Congress by this office 2

Florida, Louisiana, Michigan, Illinois, etc., oases awaitini; action 2,935

Claims within limits of Las Animas grant in Colorado in wnich awards were made by the register and receiver at Pueblo, under act of February 25, 1869,

not adjudicated 3

Claims within limits of Las Animas grant in Colorado, rejected by the register and receiver under act of February 25, lb69, on file, exclusive of one disposed

of in lri74 and one withdrawn 24

Scrip locations pending : ^4

Indian allotments not patented '. 109

The following is among the decisions, reports, and recommendations since last annual report :

THB PBRALTA CLAIM. [To the sarveyor-general for Arisona, February SO, 1890. J

I have recently examined with care the papers and correspondence before this office in the matter of the claim set n^ by James A. Reavis and wife to a body of land in your district, which claim is predicated upon an alleged grant to one Don Miguel de Peralta by Spanish authority in the eighteenth century, the treaty between this Government and Mexico, signed at Guadalupe Hidalgo, February 2, 184^, and whatever laws and regulations Congress has since provided for making operative the terms of said treaty respecting private rights of property in lands within the ceded Territory.

Considerable correspondence nas been had in the past few years upon certain phases of this case, which again demands attention under the following circum- stances, namely: On September 24 last the Acting Commissioner of this Office ad- dressed a letter to yon in relation to papers, maps, etc., in your office connected with this ** Reavis claim," copies of which parties might wish to obtain, and yon were in- structed *^ that whatever copies or papers or records of any kind are made out in regard to the matter must be transmitted through this office and not sent or delivered to the parties direct.'^

Incidentally you were requested to report '' the exact condition of said grant as shown by papers and records in your office, and all the information you can obtain in regard to it/'

Tlfis call for information was not intended as a direction to yon to immediately make up the record, complete or incomplete, from the evidence before you with a view to the submission of the same to Congrt^ss; neither was it intended that any steps whatever should be taken which would clothe the case with any additional dignity or cause alarm to the inhabitants of Arizona Territory whose interests might seem to be menaced.

Were this a case which, prima facie, involved some legal or equitable rights and ought therefore to be laid before Congress for its action, the consideration of it in your office should have been exhaustive and the record prepared in as complete a manner as possible, after full investigation, before your report and recommendation were submitted ; but the correspondence had in this matter shows that there is no fund available for more thoroughly investigating and exposing this alleged claim.

Yon have, it is represented, no means of obtaining and perpetuating additional evidence of the visionary character of this so-called grant; and you state that '* the furnishing of triplicate copies of the papers on file here to accompany the report is a tremendous undertaking, and will be next to imposs ble within a reasonable time; "

* ^ * " that you require a Spanish copyist for Spanish documents," more clerks, etc.

It is evident from the foregoing that the matter is uot in a condition to be laid l^e- fore Congress, even if the law were mandatory upon the land department to pursue that course when fictitious claims are presented to the surveyor-general ; which I do not believe to be either the meaning or intent of the law upon the subject.

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PRIVATE LAND CLAIM8. 163

If it is sasoeptible of such iDterpretation the entire Territory of Arizona might pos- siblv be placed in reservation at the will of a few persons who might choose to assert dnbioos or entirely unfounded claims to the soil under grants from former govern- ments, '^ a result repngnant to public policy and destructive of public and private riffhts/' as was set fortn by a former Commissioner of this office.

You report this as an attempt at a ffigantic fraud oppn the government and noth- ing more; and in this connection I call attention to office letter addrfSS«Ml to you on the same subject, May 2, 18d5, in which the Commissioner used the following lan- guage: ** The essential foundation of a recognizable claim under the laws of Spain and the treaties and laws of the Uniti^d States does not appear in this case. It is my opinion that the futile work in which you have been engaged for a year and a half m the direction of investigating an alleged claim which, fiom your own state- ment of its uncorroborated character, has not been placed before you in a condition to be entitled to consideration should forthwith be discontinued.''

** The onlv eifeot of your action and proceedings has been t<i needlessly alarm citi- zens in lawnil and peaceful possession of homes and property upon the soil, to threaten with insecurity private titles in towns and cities, to imperil valuable mining inter- ests, and to intimidate settlements upon public lands."

Sincethat time claimants have sought in many ways to strengthen their case be- fore the surveyor-general for Arizona; nevertheless, by the letter from which the above extract is made, fhrther proceedings in your office touching this so-called ^'Peralta grant" were practically inhibited; and this interdiction has never been officiallv removed so far as shown by the records here.

A full discussion of the various points raised by you, leading to the conclusion that here is no valid claim which this government is forced to respect, is deemed un- necessary, unless required of me in the future by higher authority.

Three principal questions present themselves for consideration :

(1) Was there ever a grant to one " Teralta/' in the manner, and for the lands, as alleged f

(2) If there was such a grant, can the lines of the concession be laid down on the earth's surface with such certainty as to avoid interference with the legal rights of others?

(3) Supposing such a claim once existing, and in a condition to be recognized and enforced under the laws of Spain and Mexico, are there now any heirs or successors in interest of the original grantee who can be identified, and whose claims demand recognition under treaty stipulations f

A negative answer to the last question would render a further consideration of the others superfluous.

A claim must have a claimant in other words, private land claims presented to' Congress, set up for recognition by that body under specific laws, must havn a party or parties behind them in whom all the rights involved are centered ; otherwise, such claims are clothed with uncertainty, become vague, end in tradition, and all rights under them are lost.

They escheat, and in many cases have escheated, to the crown before the change of sovereignty. Originally good titles, under French and Spanish grants, have fre- quently been lost on account of '' vagueness in description.''

They have been pronounced ''void for uncertainty," etc., as will be seen by the decisionp of the courts in Louisiana, Florida, and Missouri cases, and others.

But here is an unfounded claim involving millions of acres presented to your office, and the only authority for harboring it at all is contained in the act of July 15« 1870, (16 Stat., p. 304), which provides that the surveyor-general of Arizona shall, '' under such instructions as may be gi ven by the Secretary of the Interior, »••»*» ascer- tain and report upon the origin, nature, character, and extent of claims to lands in said Territory under the laws, usages, and customs of Spain and Mexico," etc.

Yon have ascertained the facts in this case to your own satisfaction (and I am folly convinced that your conclusions are correct), and you report that there is no claim under the '' laws, usages, and customs of Spain and Mexico :" and, furthermore, that the present petitioners have no connection with the alleged grantee.

Mr. Keavis at first based his alleged rights upon purchases from certain individi^als ; but that chain of title through mesne conveyances he has voluntarily abandoned, it seems, as untenable ; and now it rests entirely on the title of his wife as the lineal descendant and only living heir of that Peralta to whom a king of Spain is said to have given a principality.

Is tnis claim of consanguinity and descent set up for Mrs. Reavis a verity which could be established to the satisfaction of a court t

It does not so appear from the proofs submitted, which are of too dubious a charac- ter to warrant such a conclusion. Her heirship is not proven, even allowing the papers produced to be genuine.

Suspicion suiTounds this case as presented at every step from its inception to the present time. The papers claimed as ancient documents, and exhibited as the muni-

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f 164 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

ments of title (some of which papers it is alleged were found b^ Mr. Reavis amonsst the posthamons effects of one Dr. Willing, under whom he originally asserted this claim by mesne conveyance ) are made up of shreds and patches, full of inconsisten- cies and anachronisms and utterly unworthy of faith or credit.

The correct use of the Spanish language is represented as having been ignored by persons high in civil and ecclesiastical authority, even by royalty itself, and that the most reprehensible frauds have been attempted in this case by some one, at some time, I have no doubt.

I agree with you and with the views of my predecessor, hereinbefore quoted, that 'Hhe essential foundation of a recognizable claim under the laws of Spain and .the treaties and laws of the United States does not appear in this case.''

The most material ingredient a claimant, prima facie entitled^is also lacking ; leaving no one to invoke the aid of the act of 1870, even if the claim was founded in fact.

In the absence of a grant and a grantee, the mere assertion of the one or the other can invest no right and impose no duty.

Entertaining these views in the premises, I return, herewith, the papers received with your said letter of October 13, 1889, and direct you to strike the case from your docket and notify Mr. Reavis of the action, allowing the usual time for an appeal to the Secrt^tary of the Interior, under the rules of practice.

Please acknowledge the receipt of this communication and its inclosures.

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E— SUEVBYING DIVISTOK

The work performed in this division dnring the fiscal year ending June 30, 1890^ was as follows :

Letters:

Letters on hand unanswered Jaly 1, 1889 68

Letters received daring the year 3,990

Letters written durin>( the year 3,595

Letters disposed of dnring the year 3,943

Letters remaining on hand July 1, 1890 115

Pages of press copy, nearly all type-written 5,644

Pages of record copied 980

Copies of field notes :

Pa^es of field notes copied for official and individual use 1, 313

Surveying returns :

Plats and corresponding transcripts of field notes of surveys of public lands

and private land claims pending on July 1, 1889 353

Number of same received during the year 314

Disposed of during the year 444

Remaining on hand July 1, 1890 223

Beports of examinations of surveys :

Special agents reports on field work of surveys pending July 1, 1889 10

Reports received during the year Ill

Reports acted upon and disposed of dnring the year 113

Remaining on hand July 1, 1890 8

Surveying contracts :

Contracts pending July 1, 1889 ". 9

Contracts received dnring the year 1 123

Special instrnotions (in lieu of contracts) received during the year 20

Contracts acted upon dnring the year 130

Special instructions acted upon during the year 20

Contracts pending July 1, 1890

RELINQUISHED MILITARY RESERVATIONS.

Under aathority of act of Congress approved Jnly 5, 1884, the Presi- dent has ordered that the following described military reservations be» placed nnder the control of the Secretary of the Interior for disposal under the provisions of said act :

BeserTations.

Date of order.

BemftrkB.

I

Bois Blanc isl«id,Hioh July 22, 1884

Fort Batler, N. Hex I do

GMDpCady.Cal '....do

Fort Crittenden (Camp Floyd), Utah a

Canp Crittenden, Alls

Cool BeeerTadonjWyo

Fort Fetterman, WTO

Camp Goodwin, Azu

Old Camp Oranti Aria

Fort Hartmiil^ N ebr

Camp Independence. Cal

Island in State of Miaeonri

Fort Baadall, Dak (part east of riTer)6 FMt Bice, Dak.a

Aeret. 0, 199. 48

1,602.00

94,650.00

8, 27a 08

100.00

45,097.12

6,700.00

2,081.70

3,251.41

6,210.18

54.70

25,000.00

102,400.00

a Estimated.

Surveyed.

Do. Sarvey aathorised. Sarveys pending. Sorveyea.

Do.

Do.

Do.

Do.

Do. Partly sarreyed. Surveyed.

Da

Do.

165

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166 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

Beaervations.

Rjuh Lake Talley, Utah

Fort Sedgwiok, Colo, and Nebr.

Camp Sheridan, Nebr

Fort Steilacoom« Wash.

CampThree Forks, Idaho

Fort Verde garden tract Aris

Timber ReserratioD, Arts

Fort Wllkina, Mich

Fort Wailaoe,KanB a..

Old Fort Lyon, Colo

Pagoaa Springe (old Fort Lewie). Colo. .

Camp on White river, Colo

Fort Thombargb, Utoh

Cantonment on uncompahgre (part of),

Colo.a. FortMcRae,N.Mex

FortYnma,Cal .

Fort SnlliTan, Me .

Fort Sanders, Wyo

Baton Rouge* Barracks, La

Fort Dodge, Kans....

Part of Fort Bidwell,CaI

Fort Craig, N.Mex

Fort Cameron, Utah

Old powder-house lot, Fla

Dragoon barracks, LH.,Fla.'.

Ten reserrations in Louisiana on the Gulf coast, near the mouth of Bayou La Foorche, on bay plat, near Cami- nada bay, Ptss Bast, Grand Terre island, (fnatre Bayou pass, and Bas- tianbay.

Fort EUls. Mont :

Fort McPherson, Nebr

FortHalleck,Nev

Fort MoDennit hay resenration, Nev. .

Fort Cdville, Wash

Fort Fred Steele, Wyo

Carlin.Nev

Fort Sisseton. Dak

Fort McDermit, Nev '.

Pike's Peak Signal St»tion,Colo

Old Camp Harney, Oregon

Fort Lvon. Colo

Fort Hays, Kans

Point Roberts, Wash

Fort Laramie Post, Wyo., and wood and timber reserve.

Date of order.

Area.

July 22, 1884

.'.'.'do'.','/.",

... do

...do

...do

...do

...do

...do

...do

...do

...do

...do

...do

.do ,.

.do.

Sept e.1884

... do

Jan. 12,1885 Feb. 18,1885 Mar. 3,1885 July 2,1885 Mar. 18, 1886 Nov. 18, 1886 Sept. 28, 1886

July 26, 1886 Jan. 5,1886 Oct. 11,1886 Dec. 1,1886 Feb. 26, 1887 Aug. 9,1886 Mar. 20, 1888 Apr. 22, 1888 July 17, 1880 Jan. 12,1880 Jan. 8,1880 Nov. 2M880 Got. 22.1880 June 28, 1888 May 28^ 1890

AereM.

3,371.28

40,960.00

18,226.00

280.00

4,800.00

8,000.00 720.00 148.85

8,926.00 38,000.00 22, 471. 77 40,960.00 21,851.00

4,000.00

5,266.66

19,842.00

44.17

14,66L00

120.00

24,805.00

23,878.00

10.20

1.15

82, 116. 10

10,500.00

10, 000. 08

6.400.00

1, 070. 00

% 260. 65

020.00

78, 400. 00

3, 074. 40

8,102.00

317. 65

6,865.00

7, 600. ( 0

2,345.00

74,240.00

Semsrks.

a Estimated.

Surveyed.

Da

Do.

Do. Unsurveved. Snrveyea.

Do.

Do.

Da

Da

Do.

Da Being surveyed. Surveyed.

Entirely within private landTcIalm

which has been patented. The executive order, January 0, 1884, transferred control of thia reserve to the Interior Depart* ment for Indian uses. Area not known ; no knowledge of

survey. Surveyed. Do. Do. Do. Do. Do. Surveyed; sold August 16, 1886. Surveyed. Partly surveyed.

Surveyed. Partly surveyed. Being surveyed.

Do. Partly surveyed. Surveyed.

Do: Unsnrveyed. Being surveyed. Unsnrveyed. Surveyetl. Unsnrveyed. Un<(urveved. Surveyed. Unsnrveyed.

6 About.

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SURVEYS.

167

MILITARY RESERVATIONS.

Schedule showing the names and hcaiions of existing military reservations in the pablU^land States and Territories, and the area as far as hnoum or estimated tcith reference to execu- tive orders or authority other than the Executive by which the reservations wore establishedf enlarged, or reduced. For reservations relinquished under act of July 5, 1884, see list pre- ceding this schedule.

Kame and looation Cft reaerratilim.

Aim in acres.

Bate of exeoattve order or other authority and remarks.

ALABAMA.

At entrance to Mobile bay. the amall ialanda be- tween the north point of Dauphin island and Cedar Point, Grant, Heron, Tower, and other islands, (a) and so mach of Cedar point as lies in fractional sections 25 and 20, T. B S., R. 2 W.:

Cedarpoint

Fort Gaines, on eastern end of Dauphin isl- and.

Fort Morgan, in T. 0 a, R.1B

ALABAMA AKD MIfl8U6IPPI.

All that part of Cat island owned by the jj^vern- ment : all of Ship island, Round, Hurricane, and Dog islands; the west and east ends of Horn and Petit Bois Blanc islands. Area (in- cluding Dog and Hurricane islands) estimated at 100 acres.

Total in Alabama and Mississippi as fair as known.

ABIZONA TKBBITORT.

Camp Bowie, near Chiricahua moontains

Camp Grant (new), in Ts. 9, and 10 S., Rs. 23

and 24 E. Camp Mojave, on Colorado river :

Post

Hay and wood

Camp McDowell extends 10 miles along river

Verde and 2 miles on each side of the rWer. Fort Verde, partly in T. 18 N., R., 5 E. :

Post

Fort Whipple, in T.UN.,R. 2 E

Camp LoweU, in Ts. 13 and 14 S., Rs. 14, 15, and

16 E. Camp Apache, within the limits of the White

Mountain Indian Reservation.

Fort Thomas, mostly in T. 4 S., R.23 E

Fort Huachnca, in southern Arizona, adjacent to

Babac'omari private land claims.

Total in Arizona as fkr as known

ABKANSAS.

Quarry resei-vation for stone for public buildings at Little Rock arsenal, viz: S. ^ of sec. 25 and N. ^ of y. ^ of sec. 30, all on right bank of Ar- kansas river.

Hot Springs, Ark

Fort Smith National Cemetery.in sea 17, T. 8 N., R.82W.

Total in Arkansas

CALIFOBNIA.

Angel island, in San Francisco bay

a Area of island not known.

29(LS0 (6)

ib)

6,716.56

7,018.05

28,040.00 42,341.00

5,582.00) 0,114.813 24,750.15

0,298.99 1,780.00

51, 861. 36

7,421.14

10,487.00 (6)

185,121.25

260.96

6.76 14.81

202.58

(a)

Executive order, February 0, 1842. Lands conveyed to the United States by decree of chancery in January,

itos.

Secretary of War, September 10, 1842.

Executive order, August 30, 1847. . This does not include Round Island ,

which was previously reserved for

naval purposes.

Executive orders. March 30, 1870, and

November 27, 1877. Executive order, April 17, 1876.

Executive order, March 30, 1870. Executive order, April 12, 1867.

Executive orders, March 30, 1870, and August 17, 187&

Executive orders, August 81, 1869, and October 19, 1875. Act of Con- gress approved June 22, 1874 (Stats, lap. 201).

Executive orders, October 26, 1876, and May 15, 1886. Executive order, February 1, 1877.

Executive order. May 18, 1877. Executive orders, October 29, 1881, and May 14, 1883.

Commissioner of General Laud Office, April 11, 1839.

Act of Congress, April 20, 1832, and executive order, November 17, 1880.

Executive orders, May 22, 1871, and December 3, 1870.

Executive orders, November 6, 1850, and April 20, 1860,

k Area not Imown.

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168 REPORT OF COMMISSIONER OP GENERAL LAND OFFICE. Schedule of military reeervaHofie, with area, date, 0tc.~CoDtinaed.

Name and location of reaeryation.

Area in

Date of •zeoatiTO order or other aathorlty and remarks.

CAUFORinA— oontinaed.

Aloatraz iBland in San FranoUco Bay . Drum barraoka, at Wilmington, Cal . . . .

Benicia barracks and arsenal, in Ts. 2 and 3 N.,

Bs.2and3 W. Fort Bidwell, in T. 46 y., Rs. 15 and 16 B., Mount

Diablo meridian : Poet

Wood reserve in sees. 1 and 12, T. 46 N., B. 15 E.

Deadroan's island, beinR lot 1, sec. 19, *£. 5 S., B. 13 W., San Bernardino meridian.

Camp Gaston, in T. 8 N., R. 6 E., of Humboldt meridian, within Hoopa Valley Indian Besei- vation.

Fort Hill or Monterey, at Monterey

Island callMl Bed Bock, Golden Book, or Molate, in sec. 17, T. 1 N., B. 5 W., Mount Diablo me- ridian.

Presidio military reserve, Fort Point, on San Francisco Bay.

Point San Jos6 (originally included within the Presidio Beserve No. 1).

Point Loma (San DIcko), at San Diego harbor : '* To include that portion of the peninsula ly- ing on west side of entrance to the harbor which shall be included between the southern- most point of the peninsula (Punto de Loma) and a line drawn across said peninsula ttom the harbor to the ocean at a distance of 14 miles above Punta de Gnisanas."

San Pedro bay, in T. 6 S., Bs. 13 and 14 W., S. B. M. This tract of land was originally a public reservation by cession fh>m Mexioo under treaty of Guacialupe Hidalgo, concluded Feb- ruary 2. 1848.

San Soiito bay point: From southern boundary of San Soiito bay, a line parallel to the channel of entrance to the Paoifto.

Three Brothers, Three Sisters, and Marine isl- ands, in entrance to the San Pablo bay.

Yeroa Buena Island (Camp Beynold8),in Ssn Francisco bay.

Mount Whitney : All of T. 15 S., R 84 E. ; T. 16 S.. B. 34 E. ; T. 16 S., B.36 E.; sees. 19 to 86, inclusive, of T. 15 S., B. 35 E. ; sees. 19^, 29, 30, 31, and 82, T. 16 S., B. 86 B., Mount Diablo meridian.

Total in California..

COLORADO.

Fort Lewis, in Ts. 34 and 85 V., Bs. 10, 11, and 12 W. of New Mexico principal meridian.

Cantonment on the Unoompahgre river, now called Fort Crawford.

Total in Colorado..

DAKOTA.

Fort Abraham Lincoln, on west bank of Missouri rivftr, indndinir Sibley island.

Fort Buford, in Montana and Dakota, on Yellow- stone and Missouri rivers.

55.00 844.90

Executive ordei^ November 6, 1850. Deeded to the united States by pri- vate parties. Executive order, October 10, 1868. Deed by private persons in 1849.

2, 441 . 45 Executive orders, October 19, 1 to, Oc- tober 4, 1870, and February 7, 1885. Executive order, February 7, 1871.

Executive order, March 15, 1872.

Executive order, April 2, 1869.

Executive order, November 28, 1886.

Secretary of Interior, March 2, 1858 ;

executive order, October 21, 1882.^

Executive orders, November 6^ 1850, and December 31, 1851 ; act of Con- gress, May 9, 1876 (Stats. 19, p. 52).

Executive orders, November 6, 1^, and Decembe.' 31, 1851 ; act of Con- gress, July 1, 1870 (Stats. 16. p. 186).

Executive order, February 26, 1852.

640.00

2.00

46L50

7.52 1,479.94 7.«> ib)

(c)

(d)

(b)

e8i 480.00

90,000.20

30,720.00 4,293.25

35,013.25

ib) / 676, 000. 00

Executive order, September 14. 1888.

Executive order, November 6, 1850.

Executive order, October 25, 1867.

Executive orders, November 6, 1850,

and October 12, 1866. President's order, September 20, 1883.

a Unsurveyed. b Area not known.

e Area not stated.

d Unsurveyed; area not known.

Executive order, January 27, 1882.

Opinion of Secretary of War No- vember 18, 1882', executive orders, March 12, 1884, and July 6, 1884.

Executive orders. February 11, 1873, and December 17, 1875.

Executive order, A agust 18, 1868. Ex- ecutive order, dated January 17, 1888, mrdifled the southern bound- ary of the Fort Buford reservation, in Montana and Dakota, as defined bv executive order of August 18, 1868, by withdrawing the same northward so as to exclude certain surveyed lands in Montana. e About

/ Whole ares^

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SURVEYS. 169

Sdkeduls of miUiiurj/ reaervaiianBy with area, date, 0<o.— Continued.

Kune and looatUm of reaeiTfttkm.

Area in

Date of ezeoatlTe order or other authority and remarka.

DAKOTA— KMmtinned.

Fort Pemhina, aeoe. 18. 17, 18, and fraotlonal see.

15,T.163N..E,5l W. Fort Stevenson, on both sides of Ifisaoorl river,

partly in T. 147 N., & 84 W.

Fort Sally, on Miasonri river, 20 miles below the mouth of the Cheyenne river.

Fort Totten, mostly within the Devil's Lake In- dian Reservation, but Including aU the islands in Devirs lake.

Fort Meade;

Post reserve, in Ts. 6 and 6 N., B. 4 E., Black Hills meridian.

Timber reservation, as follows: Sees. 10, 80, 31, &J seo. 18 and W. 4 of sec. 28, T. 6 N., B.6 E.; E.i of secs.24 and 25 and SE.^ of sec 18, t. 5 N., B. 4 B.. Black Uills meridian.

Fort Bandall, west of Missouri river

Total in Dakota as fkr as known or esti- mated.

FLORIDA.

North end of Amelia island (Fort Clinch), frac- tional sec. 8, T. 3 N., R. 28 E. : fractional sec. 11 and loto 1 and 2 of sec 14, T. 3 K., R. 28 E.

Fort McBee, near Pensacola, in T. 8 S., B. 81 W. : " All the public land, within 1 mile of the fort on Foster's bank."

North key. in Ts. 15 and 16 S.,B12E ,

Snake key, in T. 16 8..B13E

MnUetkey.inT. 83S.,B.16E

At Charlotte harbor: ** The south end of Gaspa- rilla island for a distance of 2. miles from its southern extremity, in T. 48 S., B 20 and the north end of Boca Grandn or Cayo Costa island for a length of 2 miles from its northern extremity, " in T.43 S., B 20 B.. and T. 44 S., Rs.20and21E.

Dry Tortugas (including Fort JeiferaoD )

Egmont island, at entrance to Tampa Bay, in T. 38 S..B15E.

Flsgg island, in St George's Pound

Matanzas inlet or fort. In sec 14, T. 0 S., B 30 E . . Fort Barrancas, in T. 3 S.,B 30 W

(«) (c)

Fort Pickens, all of Santa Bosa island

At St Andrew's sound : * * The tongue or neok of land called Crooked island, east of the several entrances along the coast'*

At St Augustine the following-named tracts: 1. Site of Fort Marion and adjacent lands.

5. Spanish governor's house lot

6. Treasury lot ,

8. St Francis barracks and grounds

0. MttlUry hospital lot

10. Powder-house lot ,

a Estimated. b Present area not known.

1,800.08 048,000.00

028^800.00

(»)

7,840.00 8,844.88

71,000.00 "736]888.9r

418.44

(c)

160.48

52.17^

842.29

2,143.88

(c) b 392.77

(«)

(«) («)

(e)

Executive order, October 4, 1870.

Executive order, June 80. 1868. Post and reservation turned over to In- terior Department for school pur- poses AngUAt 7, 1888.

Executive orders, December 10.1869, and January 17, 1877. By the latter order that part west of the east bank of the Missouri Biver end within the Sioax Indian Beserva- tion was left out

Established by executive orders Jan- nary 11, 187U, and October 7,1873; reduced by general orders. War Department No. 17, AuRUSt 28, 1878, and Nc 49. July 6, 1883. by au- thority of Secretary of war ; execu- tive Older February 10, 1881, corrects the description of reservation in reference to certain islands in Dev- il's Ukc

Executive order, December 18, 1878.

Executive order, April 18, 1881. Ex- ecutive order, September 16, 1889, enlarging the wood and timber res- ervation as per boundaries described in letter of Secretary of War, dated September 14, 1889.

Executive orders, June 14, 1860, and July 22. 1884.

Declared by executive order, Febru- ary 9, 1842. Lot 2 of sec 14, pat- ented to D. L. Ynlee, September 5, 1853.

Executive order, February 9, 1842.

Executive order, March 3,1840. Or- der of Secretarv of War, March 23, 1849. OriginaUy reserved as a part of Cedar Kevs. although Mullet Key is not one of uie Cedar Kevs, but is at the entrance of Tampa Bay.

Secretary of War. March 28, IsA ; ex- ecutive order, November 17, 1882.

Executive order, September 17. 1845.

Secretary of War, March 23, 1849; ex- ecutive order, November 17. 1882.

Secretary of War. March 23, 1840; ex- ecutive order, November 17. 1882.

Secretary of War, March 23, 1849.

It falls within the naval reservation declared by executive order, Jan- uary 10, 1838, and it is said to have been declsred February 9, 1842.

Land deeded to the United States May 28, 1828. Executive order, Julv2, 1888.

Secretary of War. March 28, 1849.

Secretary of War, October 12, 1P88 and March 23, 1849.

e Area not known. Digitized by VjOOQIC

170 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE. Schedule of miWarif reiervatione, with area, date^ etc. Continned.

Kame mmI locality of reservaflon.

FLOBiDA—oontiiiaod.

At St. Joseph's bay : "The whole neok or penin- sula fonulnfc the bay of St. Joseph from Its northern extremity or point St. Joseph to its oonneotion with tne main land at the eastern shore of the bay, Incladlng Cape San Bias," in T.»8..R.llW.,SiidTs.?,8,M3 i>8..Rri»W.

St. Mark's

Tract reserved to it.

r Fort St. Mark's and adjacent

All the pablio lands between the fort and Third street, in the town of St. Mark's. .

Santa Rosa sound : "So ranch of the noint oppo- site to and east of the east end of Santa Rosa isl^d as Ues in T. 2 S.. R. 22 W."

Santa Rosa island : Reserves all that portion of Santa Rosa island which was formerly a naval reserve, and relinquished to the Department of the Interior February 25, 1880: the same at- tached to and made a part of Fort Pickens military reservation, ana embracing the entire area of Santa Rosa island.

Key West, or Thompson's island

Key West shoals, S. W. point of Kev West . . . . Haulover canal, 1,000 feet each sicie fh>m the center in sec 20, T. 20 S., R. 36 E.

Total in Florida as far as known or estimated.

IDAHO.

Fort Bols6, in Bols^ valley, one-half mile fh>m

BOI06 city. Fort Hall, witnin the Fort Hall Indian Reserva- tion, in T. 3 X., R. 88 £. Fort Lapwai, within Nez Perc6 Indian Reserve,

inT.36N., R.4W. Fort Sherman (late CcBur d' Alene) :

Post reserve, in T. 50 N., R.4W

Winterjtastnre reserve, in Ts. 50 and 51 N..

R.4 W., as surveyed. Winter-pasture reserve, as declared, in Ts. 60 and 51 N.. R. 4 and 5 W.

Total in Idaho.

Fort ArmstrouK (Rot^k Island), in fractional T. 18 N., Rs. I and 2 W., fourth principal merid- ian.

Total in Illinois

IKDIAX TBBRITORT

Council Grove : For use of Fort Reno, in T. 12 N. R4W.,I.M.

Oklahoma

Total in Indian Territory'.

Area In acres.

8,851.21

(a)

i.7S

(«)

5,95&20

Unsurveyed.

(a)

(a) (6)

14, 124. 60

638.00 646.50 640.00

501.851 640.00

640.00

3,705.85

e 760. 00

d750.00

5,760.00 160.00

5.020.00

Date of executive order or other authority and remarks.

Seers' ary of War, March 33, 1840, be- sides what had been sold p Jor to date of order.

Secretary of War, March 28, 1840.

By decree of superior court middle dUtrict of Florida. Jnne 80, 1888, out of the limits of land claimed under Forbes's purchase.

Section 2, act of rongress March 3, 1833 (4 Stat. p. 664). and executive order dated January 38, 1852.

Exfcutive order, February 0, 1842.

Executive order of July 2, 1888.

Land said to have been deeded to the United States. Key covered by pri- vate land claim confirmed by Con- Cress in 1828. (See act of July 82, 1876. 10 Stat, p. 06.)

Executive order, September 17, 184S.

Executive order, August 20, le86.

Executive order, April 0, 1878.

Executive order. October 12, 1870.

Executive orderrt, April 23, 1864, and Jnne 15, 1871.

Request of Secretary of War, October 0, 1877. Executive order, dated April 22, 1880.

Request of Secretary of War, March 2, 1825, and September 11, 1836. By act of Congress approveit June 27. 1866 (14 Stat, p. 75), certain small islands were added to the reserve, and right of way was sranted to the Rock Island Railroao^Company. Act of April 2. 1844 (6 Stat. p. 008), allowed George Davenport to enter the SEi sec. 25^ T. 16 N., R. 2 W.

Executive order of April 10, 1880, re- iterated executive order of Decem- ber 26, 1885.

BxecntiTe order of April 0, 1880.

a Area not known. 6 Area not calculated. e Approximate present area. d A bout.

Digitized by VjOOQIC

SUHVBY8. Schedule of military reaervatlana, with area, date, ate.— Continued.

171

Vame and looatlon of leiierTatlon.

Are»iii acres.

Date of ei^ecutiye order or other . antboiity and ivmarks.

Fort Leavenworth, on vent bank of MIsaoar) liver, lnT.8S.,&32E.

Fort Riley, in Te. 11 and 12 S., Ka. 5 and 6 E.

Total in

Battery Bienvenne, in T. 12 a, R. 13 B., eaat of

river : *' The public lands 1,200 yards each way

from the fort?' Fort Livingston, on west end of Gtand Terre

ialand. Fort Jackson, sec. 50. T. 20 8., R. 30 E., south-

east district west of Mississippi river. Fort Pike, consisting of* * the puollcland within

1,200 yards of Fort Pike.

Fort St Philip, sec. 11. T. 19 S.,R.17 E., south- east district, east of river. Tower Dnpres : "All tbepoblic land within 1,200

Janls of the fort," in T. 13 S., R. 14 E., eaat of Eissiseippi river. Fort Maoomb^ on Pass Chef Mentenr : "All the pablic land within 1,200 yards from the fort."

Proctor's landing, on Lake Borgne

United States barracks and land adjoining and above same, near New Orleans, on left oank Mississippi river, about 3 miles above city. Baton Rouge arsenal, adjoining Baton Rouge ....

Total in Louisiana as fw as known or es- timated.

MICHIOAH.

First area between south boandaries of claims Xos. 95 and 96 and north bonndary of canal grant, in T. 47 N., R. 1 E. ; second area between north line of Canal atreet and south boundary canal grant, shown in diagram, with order.

Fort Mackinac (or Mackinaw), on the island of Mackinac

St Mary's Falls Canal reserve, in sec. 6, T. 47

N.. R. 1 E. Improvement of -Hay Lake channel, St, Mary's

river, lots 5 and 8, sec. 2, and lot 8, sec. 3, T.

452J.,R2E.

The nnsnrveyed islands in sees. 9 ani 10, T. 47 X.,R.1B.

Fort Wayne, near dty of Detroit.

Total In Michigan as far as known, a About b Present area.

a2,750.00

619,809.22

22,649.22

(«)

120.16 740.97

5mL12 (d)

(c)

a92.00 id)

(e)

1,616.25

(d)

(0)

9.41 146.00

id)

ley

Exeoutive order. OctoberlO, 1864. Di- minished by direction of Secretary of the Interior in 1861. See also act of July 27, 1868 (15 Stat., p. 238) ; Joint resolation February 9, 1871 (16 Stat, p. 594) { act of Ji;ly 20, 1868 (16 Stot.p.392).

Executive order. May 5, 1855. Re- duced in area under Joint resolution of July 26, 1«^) (14 Stat, p. 367), and order of President thereunder of July 19, 1867. Further reduced under act of March 2, 1867 (14 Stat. . p. 573).

Executive order, February 9, 1842.

Purchased by United States in Janu- ary/1884. Executive order, February 9, 1842.

Exeoutive order, February 9, 1842. All the land has been patented to the State as swamp except sec. 19 of T. 10 8.,R. 15 E.. southeast dis- trict, east of river and south of Great Rigolet Area of leserve in sec. 19 not known.

Executive order, February 9, 1842.

Executive order, February 9, 1842.

Lands found to be covered by a

private land claim. Executive order, February 9, 1842.

Purchased March 15^ 1856. Purchased by United States Decem- ber 11, 1833. and May 17, 1848.

Purchased in 1814.

Executive order, May 9, 1885.

Ifever declared by executive order. Portion of reserve set apart as a park by act of March 3, 1875 (18 Stat, p. 517) ; other parts granted individuals by act of March 1, 1879 (20 Stat., p. 326).

Executive order, June 10, 1883.

Executive order, October 30, 1884. Executive order, October 12,1889. Reserves islands Xos. 1, 2. 3, and 4, in sec. 6, T. 47 X., R. 1 E., for use in connection with improvement of St. Mary's River, at Hay Lake chan- nel, 132.50 acres.

Secretary of the Interior, September 6, 1885. Executive order, September 22,168&

Land deeded to the United States June 3, 1842, and April 15, 1844.

288.81

e Area not krown.

d Area not stated.

Digitized by VjOOQIC

172 REPORT OF COM&flSSIONER OF GENERAL LAND OFFICE. Schedule of military reeervaiions, with area, date, ete, CoDtinned.

Name and location of reaei^ation.

Area in acrea.

Dat^ of ezeoutiva order or other anthority and remarka.

FoTt Sneilinif. at janotion of Miasisaippi and Mioneeota rivers.

R<s8er ration on St. Lonis River, in Minneaota, lot 1, aec. 20, T. 49 N.. R. 13 W.

Total in Miniteaola, except Fort SnelUng ..

MISSOURI.

Grand Tower rock, in Misaiaalppi river, which,

if aarveyed, woald be In sec. 20, T. 34 N., B. U

E., of fifth principal meridian. Fort Leavenworth, on east bank of Misaonri

river, in Ta. 53 and 53 N., R 36 W., of fifth

principal meridian.

Total in Misaonri aa far aa known or esti- mated.

MOHTAKA.

CampBaker. inT.llN., R.4E

Fort Baford, in Montana and Dakota. (See un- der Dakota foi particnlara.)

FortShaw. ioT.iON., Rs.2and8'W

Fort Keogb, at month of Tongne river

Fort Aaainniboine, moatly between the Milk and Miasonri rivers, and within the reaervation for the Groa Ventre, Plegan, and other Indians.

Fort Missonla :

Original reserve, sec. 81, T. 18 N., R 10 W

Additional reserve, S. i NE. i and SE. k sec 25, T. 13 N., R. 20 W., the S. k KB. i, 8. k N W. i, SB. i of SE. i NB. i of SW Jt, and W. I of 8W. i sec. 80, T. 13 N., R, 19 W.

Timber reserve on nnanrveyed land

Fort Maginnis, in Ts. 16 and 17 K., Rs. 20 and

21 E. Fort Cnster post reservation, 6 miles sqaare, in

seca 1 and 2 S., Rs. 83 and 34 E. National cemetery of Custer's battle-field, 6i0

acres. Limestone reservation, near Old Fort C. F. Smith, 9,227.20 acres.

Total in Montana as far as known or esti- mated.

NXBRABKA.

Fort McPherson national cemetery

Camp Robinson, on White river, at mouth of Spring creek: Post reserve

Timber reserve, 4 sqnaro miles

a Present area not known. b Area

(a)

7.32

(b)

01,000.00

1,000.00

2,400.00

e82,000.00 d 57. 810. 00

9704,000.00

640.00 560.23

1,577.41 d 31, 000. 00

23.040.00

640.00

2,297.20

855|703.84

107.00

18,800.00

10,240.00 not given.

Reservation made at the request of Secretary of War, Jaly 18, 1838, and Secretary of Treasury, July 16, 1889. President's orders, dated May 35, 1853, and November 16, 1853. Act of Congress approved August 26. 1852 (10 State., p. 36), and order of Secretary of War thereunder, dated March 13, 1854. Joint resolution of Congress approved May 7, 1870 (16 Stats., p. 876). Reduction approved by Secretary of War, January 1,

Eiecntive order, March 13, 1854.

Execntlve order, February 24, 1871.

«

Executive order, June 21, 1888. Por- tion of reserve released by Secretary of War. Ma? oh LI 841. Present re- serve is in R. 86 W.

Executive order, May 16, 1871.

Executive order, Januair 11. 1870, Executive order, March 14, 1878. Gen- eral Orders No. 6, headquarters De- partment of Dakota. February 18. 1880, describes the ferry or bridge . site on east bank of river. Executive orders, March 4, 1880, June 16, 1882, and May 2, 1888. Ex- ecutive order, dated May 2, 1888. modified military reservations of Fort Assinniboine, per executive order of June 10, 1881, so as to em- brace within ite boundariea. a post reservation, a hay reservation, and a coal-field reservation.

Executive order, February 10, 1877. Executive order, August 5,- 1878.

Executive order, June 10, 1879. Executive orders, April 8, 1881, and

April 14, 1882. ExecutivH order, December 7, 1886.

Thirteen Indian families residing on post reservation not to be disturbed.

Executive orders, October 13, 1873, and January 5, 1887.

Execntire orders, November 14, 1876,

and June 28, 1870. Executive order, November 4 1S7J. e Estimated. d About.

Digitized by VjOOQIC

SURVEYS.

Schedule of military reaervationSf with area^ date, etc, Continued.

173

JStutM and location of reservation.

Area in acres.

Bate of executive order or other authority and remarks.

NBBRAflKA— continned.

Fort Sidney :

Sidney barracks post reserve, sec 32, T. 14 N.,K.49W.

Timber and wood reserre, sees. 6 and 18, T. 17 N., R. 52 W., and sees. 12, 14, and 24, T. 17 N.. B. M W. FortNiobraia:

Post reserve : Sees. 26 and 35 of T. 84 N., sees. 2, 3. 10, 11, T. 33 N., and all that part of sees. 22, 23, 27, 33. and 84 of T. 84 K., and of sees. 4, 5, 8, 9, T. 33 N., lyinfc on the right (south and eai*t) bank of tiie Niobrara river, all in R.27 W. of the sixth principal meriaian.

Wood and timber reserve : All thst part of T. 84 N., B. 27 W., not already embraced within tiie existlns reservation, excepting sees. 16 and 36 (school sections) ; the KE.l of NE. I Kec. 28; the NW. i of NW. i and lots 2 and 3 of sec. 27 ; the NE. i of S W. |, the W. 4 of SW. }, nnd lot 8 of sec. 22 ; tiie £. i of SE. I and S. h of NE. k of sec. 25 : the E. i of N W. i, the E. | of SW. h sua

E. I

lots 1, 2, 3, and 4 ol sec. 31, and the N sec. 83.

In T.34 17.,B.26 W..all of sees. 5^ 6, 7. 8. 17, 18, 29, 31, and 82 ; all of sec. 19, except lots 2, 3, 4, and 5 ; all of sec. 20, except the K. 1 of SE. I and lots 6, 6, 7. and 8, and all of sec. 30, except the E | of N W. i, and lots 1 and 2. In T.39N.,R.26 W.,all of seos.5, 6, 7, and 8. In T. 83 N., R. 27 W., all of sees. 1 snd 12.

(To the above was added the E. i of SB. i

and S. I of KE. i, se«% 25l T. 84N., B. 87 W..

and at the same time there was excluded

* the W.i of SE-i andS. i of SW. k of sec

80, of the same township and range)

Total in Nebraska..

XBW MEXICO.

Fort Bayard, in T. 17 &.BS. 12 and 18 W ^..

Fort Cummings, in Ts. 21 and 22 S., Bs. 7and 8 W.

Fort Marcy, 1^ Santa F6

Fort Stanton, within former limits of Hescalero Apache Indian Beservation.

Fort Sumner post cemetery, situated in NB. i sec 15, and NW. i sec. 14, T. 2 N., B. 26 E. :

These two subdivisions contain

Fort Union falls within the confirmed private land grant Mora:

Post and timber reserve

Fort Wingate, in Ta. 13, 14, and 16 N., Bs. 15, 16, and 17 W.

Total in New Mexico

Fort Klamath, in T. 38 S.. B 7i E. :

Post reserve, in sees. 22, 28, ^ and 27

Hav reserve, in sees. 3, 4, 9, 10, 15, 16, 21, and 22. . Sand island, in sees. 14, 23, and 24, T. 9 N., B. 11 W. Point Adams (Fort Stevens), in T. 10 N., B. 10

W. ; fractional sees. 5 and 6, and N. i sees. 7, 8,

and 9.

640.00 8,195.85

6,194.84

28,817.48

61,994.68

8,840.00 28,040.00

al7.77 10,840.00

820.00

66,880.00 83,200.00

192,531.77

Executive order. May 14, 1874. Executive order, May 81, 1880.

Executive order, December 10, 1879.

Executive order, June 6, 1881.

ExeentiTS order, April 29, 1884.

Bxeoutive order of April 19, 1869.

Executive orders, April 29; 1870, and November 9, 1880.

Executiye order. August 28. 1868.

Originally 12 miles square, by execu- tlveorderofMayl2, 186I*. Bednced under act of May 21.1872, to a tract 8 miles long and 2 miles wide, 1 mile fk-om each bank of the river Bonlto.

Executive order. May 28, 1871.

ExecutiTe order, October 9, 1868. Executive orders, February 18, 1870, and March 26, 1881.

a 1,000. 00 ; 2, 135. 08 { Executive order, April 6, 1869. 192. 07 I Executive order, An^^nst 29, 1868.

1,250.11

Executive order, Febraary 26, 1852. A donation claim covers some 400 acres of the reservation.

a About.

Digitized by

Google

174 REPORT OF COMMISSIONER OP GENERAL LAND OFFICE. Schedule of military reservations, with area, date, etc. ContiDiied.

Name and location of reservation.

ORBOON— continued.

For improvement of Gooa bay and harbor: Lots 1, 2. 3, and the SW. ^ of KW. ief sec 2, and lots 1 and 2 and SE. ^ of NS. i of sec. 3, T.W S., R. 14 W.

North side of Tillamook head, fractional SW. i fieo. 29, lots 1 and 2 of sec 80, and lots 1. 2, 8, and 4 of sec. 81, T. 6 K.. R. 10 W.

Total in Oregon ,

UTAH.

Fort Boashu,inTs.lN.andlS.,R.lE

Kesenration for water snpply for Fort Douglas.

Fort Dv Ghesne, In T.2 S., R. 1 E.. Uintah me- ridian within the Uintah Indian Keservatlon.

Total in Utah.

WABHDIGTOIf.

Fort Angeles and EdlsHook, in Ta. 30 and 31 N.,

Rs.5and6W.

Canoe island, off east coast of Shaw Island

Cape Disappointment, including Fort Canby,

nactional section 0 (except lot 4 reserved for

light-house purposes), and part of fractional

sections 4 and 6, T. 9 N., R. 11 W. Southwest part of Lopes island, including Bunch

island and Whale rocks. Northwest part of Lopes island, extending from

Flat point to Upright point. These reserves

are in Ts. 84, 35, 36 24., R. 2 W. At Nee-ah harbor, straits Juan de Faca:

1. We-addah island

2. Tract east side of harbor ,

8. Tract west side of harbor

At Narrows of Puget sound :

1. South end of Vashons island

2. On north side of Oig harbor

All in Ts.21 and 22 K, R.2 E.

Point RobertA, in sees. 1, 2, 8, 4, 9, 10, 11, 12 of T. 40 N.. R. 8 W.

San Juan island:

Southeast point of island, including Goose

island and Rocky peninsula, in T. 34 N.,

R.2 y*. Northeast point of island, including Reid

rock (in sees. 1. 2. 11, 12, and 13, T. 35 N.,

R3 W.).

Shaw island :

Westend of island, mostly in T. 86 N.,11. 2 W. Eastern reserve on island, mostly in T. 86 N E 2 W"

Fort Three Tree'point, in T. 9 N., R 7 W

Fort Townsend, in sees. 21, 22, 27, 28-33 of T.30

N. R 1 W FortVanoouver,inT.2N., R,1E

a Area not known.

Are&in acres.

174.27

827.65

6,079.68

2, 88a 19

1,920.00 8,840.00

Date of executive order or other authority and remarks.

8,148.19

(a)

43.10 536u20

609.80 634.

60$

&20.00 5400.00 6400.00

633.60 639.00

2,434.65'

640.00 50&33

515. 30 1 694. 90 >

640.00 621.97

689.54

Executive order, July 14, 1884. Ex- ecutive order, Novomber 13, 1889, reserves part of sees. 8, 4, ana 9, aud parts of 10 and 15; sees. 16, 17, and 20, and parts of sees. 21. 22, 27, and 28 ; sees. 29 and 31, and part of 32; S4*c. 33 and part of 84, all in T. 24 S . R. 13 W. : parts of sees. 4 and 6: sec 6: parts of sees. 7, 18, and 19, T. 25 N., R. 13 W. ; sees. 12, 13, and 23, and parts of 24, 25. and 26, T.25S., BS.14 W.

Executive ordur, November 4, 1885.

Executive order, September 3. 1867. Act of Congress, May 16, 1874 (18 Stats., p. 46), gave 20 acres for ceme- tery for Salt Lake religious bodies ; act of January 21, 1885 (Stats. 23, p. 285), reduced reserve 151.81 acres.

Act March 3,1887 (24 Stats., 478), added to reserve for water supply.

Executive order, September 1, 1887.

Executive orders, July 19, 1862. and

March 10, 1863. Executive order, July 2, 1875. Executive order, February 26, 1868.

Executive order, July '2, 1875.

V

Executive order, June 9, 1868. A part of these lands declared reserved were disposed of prior to date of order reserving same, viz: NW. i of SW. J and lot 3, sec. 1, T. 21 N.. R.2 B^ lot 5 and NB. | of SE. i sec. 2,T.2l N.,R2 E.. and SW. i of S W. i of see. 33, T. 22 N., R. 2 B.

Executive order, September 13, 1869, at suggestion of Commissioner of General Land Office.

Executive order, July 2, 1875. Exec- utive orders dated March 2 and May 20, 1889, amonded executive order of July 2, 1875, confining the military reservation on San Juan island to certain lots and subdivls- ions in sees. 7 and 8, in T. 34 N., Rs. 2 and 3 W. ; making an aggre- gate of 640 a^res.

Executive order, July 2, 1875.

Executive order July 31, 1865. Executive order, January 29, 1850.

Order of Secretary of War, October 29, 1853. Executive order, January 6, 1878 {-M, of an acre was granted to Cathoue mission). b Alxiut.

Digitized by VjOOQIC

SURVEYS. Schedule of military reeervations, with area, date, etc. Continned.

175

etc.-

Kame mnd location of reMrration.

WASHiKGTOK— oontinned.

Fort WallA Walla^ part of the poat reserve re- maintBg unaold.

Fort Spokane, on Spokane river ,

Area in acres.

BeaerTationa aa follows at twenty-five dtiforent points where the title should be foond to be in the United States, via:

1 . On north side of New Bnnfceness harbor,

embraising all the peninaula to its Junc- tion with the maiuUnd,in T.81 N., B. 4W.

2. Sonth side of New Donsenesa harbor, in

T.31N., Ra.3and4 W. 8. On west side ot entrance to Waahingion harbor, in T. 80 N., R. 8 W.

4. East side of entrance toWashington har-

bor. T. 80 M., R. 8 W.

5. ChaHampoint,T.30K., B.2M'

0. Opposite ChaUam point,inT.80K.,Bal

and2 W. 7. Protection island, in Ta 80 and 31 N., B.

2W. & Opposite Protection island, in T.80N.,

9. Yanconver point, in Ts. 29 and 30 N., B.

2W.

10. Point Wilson, in T.81 N.,B.1W

11. Point Hudson, in T. 30 N., B. 1 W

^ 12. Admimlty head, in T. 31 K., B. 1 B . . ..

13. Harrowstone point, in T. 80 K., B. 1 E.

andl W.

14. North of entrance to Deception pass, in-

clading two islands in the pass, In T. 84 N., B. 1 E.

15. Sonth of entrance to the pass, in T. 84 N.,

B.2B.

16. Two islands east of Deception paas, in T.

34 N. B. 2 E.

17. Tahipi^t,iB T.28N.JB.1B ,

18. Hood's head, in T. 28 N., B. 1 E

19. Foulweathur pointy in T. 28 N., B. 1 and

2 E. r ^

20. Doable bluffs, fhictiona] sees. 26u~ 27, 28.

and lots 4 and 5, sec. 22 of T. 29 N.. B. 2 B.

21. Puint Defiance, in T. 21 N., B. 2 E

619.67 840.00

258.63

628.00

614.00

688.00

614.00 687.00

624.25 608.00

464.00

28, 23, snd 24. Three tracts on west side of Puget's sound, in T. 21 N.,B.2 E

25. Whidbey's isUnd, most northerly point

in T. 34 N.. B. 1 and 2 B.

Goose island, situate in the Htraitof San Juan

de Faca. off the southeastern point of San

Juan island, in the SE. h of the NE. i of sec.

8, T. 24 N., B. 2 W.

Total in Washington Territory.

Stone quarry, fhiotional sees. 25, 26, and 86, T. 28N.,B.26B.

wroMuto.

Fort Brid^r, in Ta 15 and 16 N., B. 116W....

Fort D. A. Bassell, adjoining city of Cheyenne,

inT. 14N., B.e7W.

Wood reserve for Forts Sanders, D . A. Bus-

selL and Cheyenne depot, seoa 20, 28, 80,

3VT. 15N., It. 71W.

Fort Fred. Steele Nationad Cemetery «..

450.00 50U.OO

560.00

680.00

140.00

615.25 614.25 602.20

626.26

63L00

5576.00 637.00 635.00 606.00

Date of executive order or other authority and remarks.

22, 259. 24

1,046.10

10,240.00

4,512.00 02,540.64

a About.

Executive order. May 13, 1889. Hay and timber reserve granted away or sold.

Order of Secretary of Interior, June 24, 1881 ; executive order, January 12, 1882; executive order, Novem- ber 17, 1887.

Executive order, SeplaBBber22, 1866.

All disposed of before order issued.

Do.

Executive order, September 22, 1886. This order declared reservations of 610 acres each where the title to the lands should be found in the United States, but upon final designation of the reservation by the war De- partment the areas were reduced oelow 640 acres, as per this table. Quite a number of legal subdivis- ions within the limits designated were found to have been disposed of prior to date of order, which reduces the area reserved below the figures here stated. Exact reserved area not oalcnlated.

See preceding remarks.

Executive order, January 9, 1889.

Bequest of Secretary of War and or- der of Secretary of the Treasury, September 1, 1837.

Executive order, May 21, 1858. Belo- cated and reduced under act of Feb- ruary 24, 1871 (16 Stat., p. 430).

Executive order, June 28, 1869.

Executive orders, November 4, 1879, and February 25, 1880.

Secretary of War, November 19, 1886. Area not known.

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176 REPORT OP COMMISSIONER OF GENERAL LAND OFFICE. Schedule of military reservations, tpitk area, date, elc, Continaed.

Name and location of reservation.

WTOMIKG— continaed.

Fort Waahakie within the Shoshone Indian Res- ervation.

Fort McKinney, post reserve and wood and tim- ber reserve, in Ts. 50 and 51, N., Hs. 82 and 83 W.

Depot McKicney,lnT.i4N.,B.78 W

Total to Wyoming

Total area of military reservations in the public-land States and Territories, as far as known or estimated.

Area in acres.

al,M5.00

26,60a00

840.00

44, 937. 84

2, 276, OOfi. 41

Date of executive order or other authority and remarks.

Executive order, May 21, 1887.

Executive orders, July 2, 1878, and Febraary SL 1880.

Executive order, July 2, 1879. Execu- tive order dated January 10, 1890, withdrawing the eastern boundary of the reservation one-fourth of a mile Irestward, as per terms of the order.

a About.

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SURVEYS.

pH m i^ ^

fee**'.®*

21 Ml

a

£ « - o .

o> I- t^ 00 5 ^ G

II

iiiiiiiiisiii

i§§il§

is

Siigi§i§siiii i^§§ii

« ^ e

»Ht-i.Heo»c»

r>9 1-^ a d «0 00 u t* o S I'- ec o r fH t* CO U) <s «

C»C»«0 CO « K P

5i|

P t* t^ So do w

il

2fr

4S

9405 L o-

. . . . :S j< ** r

o 2 t> o *•

♦f S B a el^

gC«J«t-X o-

SxSoo X X a

^oo.fh"ops"Vc 5* J; d C3 « c ;

X M

pa

a

5

6

i

I

« oZrc t

Odf^cm 0

W « I- So X CI

*=* a 5

2^'i'^<p

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178 REPORT OP COMMISSIONER OF GENERAL LAND OFFICE.

^•a| .5 Erf s

'iriii

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SURVEYS.

179

Tabular statement ehowing the number of acree of public Zancf* surveyed in the following land States and Territories up to June 30, 1889, during the past fiscal year, and the total of the public lands surveyed up to June 20, 1690 ; also the total area of the public domain remaining unsurveyed toithin the same.

Land States sniX Territoriet.

AreM of pnblio luids in States and Terri- tories.

In acres.

Alabama

Arkansas

California

Colorado

Florida

lUinois

Indiana

Iowa

Kansas

Louisiana

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

Ohio

Oregon

Wisconsin

Washington .....

Alaska ,

Arizona

Dakotae ,

Idaho ,

IndlanT

New Mexico.....

Utah

Wyoming* ,

Pablic Land Strip d

Total

82.462.115 83, 410, 003 100, 902, 640 66,880,000 37. 931, 520 35,466,093 21, 637, 760 35. 228, 800 51, 770. 240 28,731.000 36.128,640 58,450,840 30, 179, 840 41,836,931 92, 016, 640

47. 077. 359 71,737,600 25,581.976

60. 975. 360 84.511.860 44,796,160

360, 629, 6U0 72. 906, 240 96,596,480 65.228.160, 40. 481. 600; 77. 568. 6401 54,064,6401 62.645.120 3.672.640'

In square miles.

Number of acres of public lands surveyed.

Up to June 30,

Under con tracts made

prior to

June 30, 1880. and not hereto* fore report- ed beoaose

accepted since June

80, 1889.

I

50.722

62,203

157, 801

104, 500

60.268

55,414

88,809

55.045

80,801

44; 893

66.4511

83,631

47,156

65,370

143. 776

73,558

112,090

89,972

05,274

53.924

09,904

577, 390

113. 916

150,032

80,294

03,253

121.201

84,476

97,883

5,738

402, 410. 027. 950. 828, 465, 637. 228. 770, 067, 128. 332. 179, 836. 642. 989, 816. 681. 414. 511, 642,

115 063 613 546 076 093 760 800 240 762 640 827 840 931 860 039 602 976 361 860 904

152,285.76

858.203.73

2,519.83

135^247.37

620,161.42

23, 039. 51

408,857.33

64.902.24

5 21.82

163.901.04

Under oontrscts made for the fiscal year end- In g June 80.1890.

9.745l65 115,253.99

a 15. 73 9.607.92

14.347.751, 49. 947, 790 10.657.740 27.019.099 48. 401, 170 18. 160. 107 47, 162, 911

597,748.27 929,992.35 22,14&58

178. 488. 73 570,525.50

1.815.504,147 2 830,725001,021,984 4,233.900.10228,725.78988.084,075

19.198.22 i6,"22i.'95

Total np

to June 80,

1800.

ToUl area of public and Indian land remaining on- surveyea. in- cluding the area of pri> Tate land claims sur^ veyed up to June 80. 1890.

58.698.05

32.462.115 83, 410, 063! 72.180.6441 60, 424, 003 30, 880, 59G 35, 465, 093| 21, 637, 760 35,228,8001 51, 770, 2401 27,067.7621 36.128.6401 42,477.682 SO, 179, 840 41, 836. 931 20. 263. 021' 47,012,070 33,225,459 25, 581, 976 40,498,461 84,511.300 21, 823. 027

14.945.499 50.877,782 10,679,888 27, 010, 009 48,038,311 13,780,088 47, 162, 911

28,802,990 7,455.997 7.100,025

1.003,328

'io.'e82.'i68

71, 753, 619

65,280

38,512,141

20,476,699

22, 073, 133 3(>0. 529. 600 57, 960, 741 45.718.698 44,548.271 13, 462, 501 28, 930,-329 40, 828. 007 15, 482, 209 8,072,040

S829, 419,471

a This area appears to have been counted in former reports of surveys in the State of Michigan, and is therefore not added in this column.

5 Counted in former reports of snrveys in the State of Wisconsin, and hence not added in thla colnmn.

e The figures given for Dakota embrace the whole area comprising the former Territory of Dakota (now the^Utes of North Dakota and South Dakota). By act of Congress approved April 10, 1890. North Dakota and South Dakota were made separate surveying districts, bat the office of United States survevor-general of North Dakota was not opened until after the dose of the fiscal year.

d By act of Congress approved May 2, 1800, the Public Land Strip wss made a part of Oklahoma Ter- ritory, but as the act provides that *'any other lands within the Indian Territory, not embraced within these Doundaries, shall hereafter become a part of the Territory of Oklahoma whenever the Indian na- tion or tribe owning such lands shall signify to the President of the United States in legal manner its assent that such lands shall so become a part of said Territory of Oklahoma, and the President shall thereupon make proclamation to that eflSeot." etc., the area of the Public Land Strip is reported as here- tofore.

e This estimate is of a rery general nature, and affords no index to the disposable volume of land remaining, nor the amount available for asrioultural purposes. It includes Indian and other public reseivations, unsurveyed private land claims, as well as snrveved private land claims, in the district of Arizona. California, Colorado, and New Mexico ; the sixteenth and thirty-sixth sections reserved for common schools; unsurveyed lands embraced in railroad, swamp land, and other grants; the great mountain areas ; the areas of unsurveyed rivers and lakes ; and large areas wholly unproductive and unavailable for ordinary purposes. The volume of land in the unsurveyed portion of the public do- main suitable for homes and subject to settlement under the laws of the United States is of compara- tively small proportions.

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F.— RAILROAD DIVISIOK

The following is a tabulated statement of the work performed in this division :

Applications pending July 1,1889 4,438

Applications receiycSl during year 2,191

6,629

Decisions in favor of applicants 448

Decisions against applicants 1,861

Applications referred to other divisions 126

2,435

Applications pending July 1, 1890 4, 194

Entries pending July 1, 1889 3,921

Entries received during year 1,470

5,391 Entries closed as to railroad and referred to other divisions 1, 259

Entries canceled during year 268

kilrc

1,527

Entries pending July 1, 1890 3,864

Letters pending July 1, 1889 234

Letters received during year 5,954

6,188

Letters answered during year 3,834

Letters requiring no answer 937

Letters referred to other divisions 450

5.221

Letters remaining unanswered July 1, 1890 967

Railroad selections, in acres, canceled during year 56, 246. 63

Letters written during year 8,486, covering 15,480 pages of press-copy. Certified copies furnished 212, costing $669.16.

The lar^e number of applications pending is, in a measure, due to the fact that the principles involved in a number of the cases are similar to those involved in cases pending before the Secretary of the Interior upon motion for review.

A good part of the work of this division can not be shown in a tabu- lated statement, viz: Answers to personal inquiries made by the attor- neys representing the railroads, and others interested in claims made to lands within the limits of the grants to such roads ; also, the exhi- bition of maps tiled by the companies, diagrams showing the limits of the grants projected thereon, and the papers filed by the companies re- lating or appertaining to the grants.

A great many such inquiries are made, and to answer the same often necessitates a thorough search of the records and flies, and, that the person may fully understand, an explanation is necessary, thus consum- ing considerable time, of which no record is made.

180

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RAILROADS. 181

For the information of other divisions, such search and explanation are often necessary.

To answer a simple inquiry as to the status of a particular tract re- quires an extended examination ; for it must first be ascertained whether it is within the limits of the grant, and if so what limit, granted «or in- demnity ; if granted, the date of the attachment of the rights of the road under the grant in that immediate vicinity; and whether the reconls show, or allegation is made of, a claim sufficient, under the terms of exception from the grant, to defeat the grant.

The following are office letters submitting adjustments :

[St. Loais, Iron Mountain and Sonthom (ArkansM), August 18, 1888.}

In compliance with directioDS contained in department circular of November 22, 1887, issned under the act of Congress approved March 3. ISiT (24 8fcat.,556), I have artjufited the grant to the State of Arkansas by act of February 9, 1853 (10 Stat., 155), as revived and extended by the act of Jnly iSSj, 1866 (14 Stat., 33-1), for the Cairo and Fnlton, now St. Louis, Iron Mountain and Southern Railroad Company.

1 have also prepared lists of lands which appear from the records to have been er- roneously approved and patented onder said grant, and submitted copies thereof to the land commissioner of the comjiany, accompanied by a letter calling upon him to show cause why proper steps should not bo taken by this department to recover said lands, in accordance with the requirements of the act of March 3, 1887, aforesaid.

The land commissioner has tiled his reply, and I herewith submit tlie case for your consideration and action.

Since the receipt of the reply of the land commissioner the lists have been re-exam- ined and corrected where error was found as alleged, in accordance with the facts as found on the records and given in the paper herewith, marked No. 1.

The other papers submitted are as follows :

A. Statement showing the adjustment of the grant, from which it appears that a deficitaicy of 628,006.70 acres exists.

B.— Lists of lands erroneously certified to the State, these having been disposed of prior to the date the right of the company attached (which was August 11, 1855, in the 6-mile limits July 28, 1866, in the 11-mile limits), and date of selection in the 15 and 20 mile limits.

C. Lists of lands within the 6-mile limits of the grant which were covered by pre- emption filings at date of definite location of the road.

D. List of lands within the 6 and 11 mile limits which were covered at date of definite location, or certification, by cash entries since canceled.

E.-'List of lands erroneously conveyed to the company, being tracts in even-num- bered sections outside the 6-mile limits and in odd sections within the 6-mile limits.

F. Reply of the land commissioner to the call to show cause.

List B, which contained 2,i:M.82 acres, embraces entries which were made prior to the time the company's right attached and which have never been canceled. As cor- rected and revised it contains 1,814,82 acres.

List C embraces pre-emption filings upon lands within the 6-mile limits of the company's grant, which were of record and uncanceled at the date of the definite location of the road. These tilings were all on "offered" lands, and all, excepting those of Louisa Boone and James Allen, had expired by limitation of law prior to the time the company's right attached.

Mrs. Boone filed her declaratory statement October 2, 1854, but as the date of .alleged settlement is not given on the tract-book, and tbe abstract of filings for that mouth can not be found, it is impossible to say whether her claim had expired August 11, 1855, or not.

In the case of James Allen, D. S. No. 409, filed December 19, alleging settlement December 9, 1854, his claim was prima facie valid at the date of tbe definite location of the road, and excepted the tract covered by it from the grant. (Malone vs. Union Pacific Railway Corrvpany, 15 Copp, 90.) At the date of the certification to the company, however, July 13, 1857, said filing had expired, and, underttie practice then obtaining, the certification was made.

List D embraces lands which w^re covered by entries made prior to the definite location of the road, and remaining intact at that time, but subsequently canceled.

List £ embraces lands in odd-nnmbered sections within the 6-mile limit:s, and even- numbered sections ontside said limits, and were erroneously certified for the reason that the company took no odd section within the 6-mile limits and no even section ontside thereof. This list originally contained 1,003.08 acres, but the correction re- duced the amount 400 acres, leaving 603.08 acres.

As the lands embraced in lists B, D, and £, as now presented, were erroneonsly

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1 82 REPORT OP COMMISSIONER OF GENERAL LAND OFFICE.

approved and patented for the reasons given, I am of opinion that the act of March 3, lUb7, makes \l the duty of the department to take the necessary steps to recover title to them.

As to the lands embraced in list C it is clear ft*om the record that the pre-emption fil- ings covering them,ezcepting those of Boone and A11en,had expired prior to the definite locatiop of the company's road, and as to that of Boone it is not determined -whether it had expired or not. And although the claimants, if still on the lands, would be protectea in their rights, it is the opinion of this office that the department is not called upon to take any action looking to their recovery at this time.

As beiore stated, the tract covered hy the filing of Allen was, under department decision in the Malone case, excepted from the company's grant. It was therefore erroneously certified under said grant, and I am of opinion, tnat the proper steps to recover it should be taken.

The status of each tract, as it ap{>ears upon the records, b fully given under the head of remarks in the list containing it.

[Cedar Rapids and Miasonri River (Iowa), November 17, 3888.1

In compliance with directions contained in department circular of November 2, 1887, issued under the act of Congress approved March 3, 1887 (24 Stat., 556), I have adjusted the grants to the State of Iowa by acts of May 15, 1856, and June 2, ldt>4, for the Iowa Central Air Line, afterwards the Cedar Rapids and Missouri River Rail- road Company.

The right under the grants to the odd-numbered sections within the 6-mile limits of the original line from a point near Cedar Rapids to the Missouri river attached October 13, 1856 ; to the odd and even sections outside said 6-mile limits and within 15 of the original line, and within 20 miles of the modified line, it attached on selection, the latter being indemnity lands. (Railroad Company ra. Herring, 110 IT. S., 27.)

The present owner of the grant is the Iowa Railroad Land Company.

The grant bv the original act was of every alternate section of land desi^ated by odd numbers for 6 sections in width on each side of the road, with a provision for in- demnity for lands lost within the primary limits, to be taken within an additional ' territory not more than 15 miles from the line of the road.

The act of 1864 allowed the company to change the uncompleted portion of its road, and granted, for the use of the changed or modified line, the same lands and the same amount of lands per mile as was granted by the original act ; and directed the Secretary of the Interior, after said modified line had been established and a map thereof filed in this office, to reserve and cause to be conveyed to the company, within 15 miles of the original main line of the road, an amount of land equal to that anthorized to be granted by the act of 1856. And if the amount of lands per mile granted, or intended to be granted, by the original act, should not be found within 15 miles of the original line, then selections along the mocMfied line and within 20 miles thereof were authorized.

The act of 1856 did not grant any specific number of acres or sections per mile, but was a grant in place of eveij alternate odd section for six sections in width on each side of the road. The act of 1864 made a grant for the company of the same lands and the same amount of lands per mile as were granted by the original act.

The length of the modified line of the road from the town of Cedar Rapids to the western terminus is 271.6 miles, and the Supreme Court of the United States has de- cided that the quantity of the grant shall be measured by the length of such line. (Railroad Company vt. Herring et al. 10 U. S., 27.)

Neither this company, nor the Iowa Central Air Line Company, to which the grant was originally made, built any road east of Cedar Rapids, a road from Clinton to Cedar Rapids having been built by private enterprise ; and the court in the Herring case (8upra) held that the company, having failed to build the road east of Cedar Raplos and having been relieved from its construction at its own request, is not en- titled to any land therefor. In other words, that the companv is not entitled to lands for a road which it never built, and was never to bnild. It follows, I think, that the company has no grant east of Cedar Rapids.

At the date of the approval of the act of 1864, which auth9rized the company to change the uncompleted portion of its road, it had built to the town of Nevada, 100 miles west of Cedar Rapids.

I have therefore adjusted the grant by dividing it into two sections ^' east of Nevada'' and '' west of Nevada,'' and have prepared four difierent statements for con- sideration.

Exhibit A is an adjustment upon the theory that the company takes under the original grant from Cedar Rapids as far as the road was constructed at the date of the act of 1864, and that the only additional ri^ht given the company under the latter act for this portion was to satisfy deficiencies within the grant in place by re- sorting to the even-numbered sections within the 6-mile limits, and both even and

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RA.ILR0A1)8. 183

odd within tlie 15-mile limita; and if there was still a doficienoy, to resort to thd even and odd sections along the modified line within 20 miles thereof. Under this statement, there have been excess approvals to the company of 57,570.24 acres.

Exhibit B is a statement based upon the same theory for that part of the road be- tween Cedar Kapids and Nevada, as exhibit A ; but for that portion west' of Nevada six sections per mile of constructed road have been allowed. Under this statement, there have been excess approvals of 5,til4.20 acres.

Exhibit C is an adjustment upon the theory that the company is entitled to six full sections per mile of constructed road west of Cedar Rapids, and, if that theory be correct, there would still be due the company 9,512.43 acres.

Exhibit D shows an adjustment upon the same theory for that part of the road between Cedar Rapids and Nevada, as exhibit A, and for the balance, or the modi- fied line under the act of 1864, 171.60 miles, for the same amount of lands per mile as was 'granted by the act of 1856. If this statement is correct, there has been approved to the company 14,943.32 acres of land in excess of the quantity it is entitled to.

This result is reached by taking the whole area of the grant by the act of 1856, 975,681.33 acres, which is the area of all the odd-numbered sections within 6 miles of the original line of the road, dividing it by 257.70, the length in miles of said line, and multiplying the product by 171.60, the length in miles of the modified line under the act of 1864.

Exhibit E shows an adjustment upon the theory that tHe grant should be adjusted as a whole from Cedar Rapids to the western terminus, 271.6 miles, and the company is entitled to the same amount of laud 'per mile therefor as was granted by the act of 1856. The amount of lauds per mile granted by said act was 3,786.80 acres, and this multiplied by the number of miles of road constructed west of Cedar Rap- ids gives 1,028,494.88 as the number of acres to which the company is entitled.

As there have been approved under the grants 1,033,431.57 acres, the company under this adjustment would have received 4,936.69 acres excess.

In the opinion of this office, this latt^^r is the correct adjustment. The company claims six full sections ^er mile for road constructed, but, if it had been the intention of Congress to make such a grant, it would have been easy to express it, and the language of the granting clause would have .been unnecessary and confusing. If, however, it was the purpose of Congress to ^ive the same amount of lands per mile for the modified line as was granted for the original line, the language is appropriate and unambiguous.

The supreme court of the State of Iowa in Railroad Company vs. Herring (52 Iowa, 687), and again in Railroad Company rs. Jewell (61 Iowa, 410), decided that the quantity of the grant was to be measured by the length of the road constructed ; that the length of the road constructed was 271.6 mile, and that the company was entitled under the act of 1864 to the granted lands for that number of miles.

The Supreme Court of the United State b concurred in this view in the case of Her- ring (supra) on appeal by the company. TllO U. S. 27).

I have also prepared lists of the lands which appear from the records to have been erroneously certified under the grants, and submitted copies t hereof to the president of the Iowa Railroad Land Company, the present owner, accompanied by a letter calling upon him to show cause why the proper steps should not be taken by this department to recover the title^ in accordance with the requirements of the act of March 3, 1887, aforesaid.

Copies of the lists of land submitted to the company are herewith transmitted, and are described as follows :

List A 1 embraces lands covered by entries which w«'re either made prior to, and were extant upon the records at, the time the company's right attached, or were au- thorized or confirmed by this office or department.

List B 1 embraces lands which have been approved to the State as swamp.

List C 1 embraces lands within the 6-mile limits which were cover*>d by unexpired pre-emption filings at the date of the definite location of the road.

List D I embraces lands lying east of the terminal at Cedar Rapids.

These lists contain 7,824.52 acres, and in the event of their recovery would wipe out the excess approvals to the company and leave a balance due it of 2,887.83 acres.

I also inclose the answer by the attorneys for the company, Messrs. Curtis and Bnrdett, to the rule to show cause, marked E.

The status of each tract, as it appears upon the records, is fully given in the list containing it, and as it is shown that the lauds were erroneously certified to the com- pany, it is believed by this office to be the duty of the department, pursuaut to the requirements of the act of March 3, 1887, to take the proper steps to recover the title.

^Babnqno and Pacific (Iowa), September 23, 1889.]

In compliance with instructions contained in department circular of November 2, 1887, issued under the act of Congress approved March 3, 1887 (24 Stat. 556), I have adjusted the grant of the State of Iowa by act of May 15, 1856, (11 Stat. 9), to aid in

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184 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

the construct ion of a railroad from the city of Dubuque therein **to a point on the MisHouri river near Sioux city, with a branch from tlie month of the Tete Des Morta to the nearest point on said road." Said grant "was of every alternate section of land designated by odd numbers for six sections in width on each side of the road, with a provision for indemnity for losses within the 6-mile limits to be taken from an addi- tional territory not more than 15 miles from the road line.

The right under the grant uttached in the 6-mile or granted limits Octoberl3, 1856, the date of the filing in this office the map showing the definite location of the road. The right to indemnity attached upon selection. By act of June 2, 1864, Congress authorized the change of the line of the road between Fort Dodge and Sioux city, but Hpecially provided that the change should not impair the right to, nor change the location of, the grant.

The present owners of the grant are the Iowa Railroad Land Company, successor in interest of the Iowa Falls and Sioux City Railroad Company, one of the grantees of the State, and the Dubuque and Sioux City Railroad Company.

The grant was of every alternate odd-numbered section of land within specified limits, and was therefore a gram in place. The area of the odd-numbered sections within the 6- mile or granted limits of* the main line, which is the area of the grant for such line, is 1,207,145.51 acres. There have been certified under this part of the grant, M granted lands, 455,992.01 acrps, and as indemnity, 699,174.74 acres, which with 153.95 acres in the granted limits T^cant and subject to selections, aggregate 1,155,'J20.70 acres, leaving a balance of 51,824.81 acres due as indemnity on the main line.

The area of the grant for the Tete Des Morts branch is 21,142.95 acres. Only 40 acres have been certified for said branch, leaving a balance of idemnity due therefor of 21, 102.95 acres.

Lists of the lands which, under the present rulings of the department, would ap- pear to have been erroneously certified for the company, were prepared, and the pres- ent owners, under the grant,'through the local office at Des Moines, furnished copiea thereof, and called upon to show cause why the proper steps should not be taken by the government to recover the title, in accordance with the requirements of the act of March 3, 1887, aforesaid.

Answers to the rule to show cause have been submitted by W. J. McKuight, president for the Dubuque and Sioux City Company, for that company, and by Curtis and Burdett of this city, attorneys for the Iowa Railroad Land Company,* successor in interest to the Iowa Falls and Sioux City Company. These answers allege, among other reasons for a dismissal of the rule against the companies, that nearly all the lauds have been disposed of by them by deeds of conveyance.

Copies of the lists of lands submitted to the companies are herewith transmitted, and sire described as follows:

List A embraces lands within the 6-mile limits of the grant which were covered by unexpired pre-emption filings at the date of the definite location of the road.

List B embraces lands within the 6-mile limits which were covered by pre-emption entries of record at the date of said definite location, but subsequently canceled. Also one tract In the 15-mile or indemnity limits which was covered by a warrant location at the date of the certification under the grant.

The filings on the lands in list A, none of which were carried into entry, were allowed under instructions from this office directing that entries should be permitted until definite location, but the Attorney-General in his opinion of December 19, 1856 (1 Lester, 551, p. 513), declared that the road was definitely located '* when the nec- essary determinative lines shall be fixed upon the face of the earth."

Tlje line of the road in q^uestion was so fixed between July, 18r)5, and August 14, 1^56, and in nearly every instance before the alleged date of settlement.

The department accepted that opinion, and this office was governed thereby until the Supreme Court decision in Van Wyck r*. Kncvals (106 U. S. 3i)0), after which the date of the filing of the map of definite location, October 13, 18.">6, was held to be the time the company's right attached. It follows, therefore, that at thedateof the cer- tification of December 27, lb5^, that certification was in accordance with existing rulings.

All the lands in sec. 17, T. 89 N., R. 27 W., embraced in list B, were covered at the dato of the grant by warrant locations, and these locations were of record and un- canceled until after the filing of the map of definite location. There is, however, no claimant adverse to the company, to any part of said section, known to this office.

The only tract in the 6-mile limit of list B, which is now claimed adversely to the company, is the E. 4 NW. i, sec. 3, T. 90 N., R. 46 W.. which is claimed by Ursul© Karley. under homestead final c^?^tificat« 171 Sioiix City series, in the name of Ed- ward Karley, patent»*d July 20, 1872. This tract was certifiel to the company April 7, l'*()3, but, under the preseat ru lings of the department, was excepted from the railn^ad grant l>v location with warrant 283i9, made September 9, 1850, and can- celed May 12j 18:9.

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RAILROADS. 185

The S. i SW. i of sec. 21, T. 88 N., R. 17 W., list B, is witLiu the IS-niile limits of the grant, and was certified thereunder December 27, 1853. The records show that John Hodgdon applied to locate this tract January 4, 185G, and that, through an error in description, the local officers gave the range as 19. This was corrected on July 23, 185rt, by authority of Conmiissioner'a letter of July 16, 1858, and patent is- 8ue<l upon the location July 16, l^j60, warrant 11219, 80 acres, act of 1855.

Yonr predecessor on Febrnary 6, 1889, in the case of the Atlantic and Pacific Rail- road Company (9 L.* D. 165), wherein similar questions were involved, concluded that the United States had no just grounds for instituting suits for the recovery of the lands, holding that the only probable cousequence of such litigation would be uncertainty^ depreciation of values for a time, and distress to numerous citizens.

This oiUce is of opinion, in view of said decision and the facts in the case, that the rnle against the company should be dissolved, as to all the lands involved, except- ing the S. i SW. i of sec. 21, T. 88 N., R. 17 W., and the E. i NW. i of sec. 3, T. 90 N., R. 4(! W. The records show that the claim of Hodgdon to the former was initi- ated prior to the date of the railroad grant, and was perfected prior to the certifica- tion thereunder ; and the company do not allege a disposal thereof. The latter is shown, under the ruling of the Supreme Court in the Van Wyck case {9upra), to have been excepted from the railroad grant. Karley made entry of the land in 1866, and patent issued thereon July 20, 1872. The company alleges sale of this tract on Feb- ruary 12, 1878, twelve years after Karley made his entry, and six years after the issue of tiie patent thereon. Both the company and its alleged purchaser, Anton Brehm, must therefore have been aware of the patent to Karley. The letters of Mrs. Kar- ley, herewith, state that she has been ousted from her home.

1 am of opinion that the proper steps should be taken to recover these two tracts.

The following papers are herewith submitted :

Copies of the lists of lands erroneously certified, marked A and B.

Adjustment of the grant, marked C.

Copy of office letter of March 17, 18^8, directing the local officers at Des Moines to show cansp, marked D.

Copy of a similar letter, marked E.

Letter from local office dat»»d November 20, 188S, marked F.

Reply of Curtis and Burdett to rule to show cause, marked G.

Letter from local office with reply of McKnight, marked H.

Three letters from Ursnle Karley', with translations, marked K.

Abstract of title of K. i NW. J of sec. 3, T. 90 N., R. 46 W., marked L.

[Chicaj;o, St. Pnnl, Minneapolis and Omaha (AYisoonsin), October 30, 1889.]

In the matter of the adjustment of the grant for the Chicago, St. Paul, Minne- apolis and Omaha Railway Company, successor of the North WiHconsin Railway' Company, under the acts of June 3, 1856 (11 Stat., 20), and May 5, 1864 (13 Stat., 66), 1 have the honor to present herein an adjustment in accordance with the several de- cisions of the department, in which allowance has been made for nil reconveyances and for the claim on acconnt of the overlap between the main and branch lines, not allowed in the former adjustment.

MAIN LINE.

Acre?.

Area of grant 857, 279. '26

Moieties to be deducted : Acres.

Wisconsin Central 18,57.J.86

West Wisconsin 12,004.76

Branch line 21,425.73

52, 004 . 35

Net area of grant HOf), 274. 91

Approved in granted limits, deducting award to farm mort-

K'age 497,39».3'i

Approved west of terminal at Hudson 160.00

Approved to other roads not entitled 7()5. 96

Vacant and subject to grant 501.^0

Selected subject to grant 4,337.86

503,165.00

Lost to grant 302,1(»9.91

Approved as indemnity, including 9,250.90 acres approve«l Octolwr 11,

1889, but suspended as to 6,213.15 acres 2>^6,866.32

Due as indemnity 15,243.59

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186 BEPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

BRANCH UNE.

Aorea.

Area of grant 537, I5;2.47

Moieties to be deducted :

Aores.

Wisconsin Central 32,79»2.75

Mainline .• 21,425.73

54,218.48

Net area of grant 482,93:^.99

Approved in granted limits, deducting award to farm mort- gage 374,559.48

Selected and subject to grant 3,443.63

378,003.11

Lost to grant ^ 104,930.88

Approved as indemnity, including 14,828.25 aores approved October 11,

1889, but suspended as to 2,399. 48 acres 89,267.77

Due as indemnity 15,66:). 11

In the adjustment the item '^ selected and subject to the K^ant" contains 2,'-37.6S aores on the main line and 3,149.92 acres on the branch line, which are in the common 10-mile limit with the grant for the Wisconsin Central Railroad Company.

In the matter of this conflict, it has been held that the Omaha Company is entitled to a moiety of the lands.

The adjustment shows that, within said limit, the Omaha Company lacks the amounts above stated, in order to make its approvals equal to one-half the common area.

The Wisconsin Central Railroad Company, under the departmental decision of Octo her 7, 1887 (6 L. D., 195), is not entitled to any of the lauds so situated, but must take indemnity therefor; and, further, said company has executed a waiver in favor of the Omaha Company ; hence, there can be no ouestion as between the companie8, and I recommend the approval of list 13, herewith submitted, for 7,603.:)7 acres.

In this connection I desire to call attention to the fact that the Omaha Compauy has selected about all the odd-numbered sections within said limit; and as the allow- ance above made fully satisfies its claim, I recommend that the remaining selections within said limit, by said company, be canceled.

The adjustment shows that to satisfy the main line (charging the company with all approvals made) requires 15,193.59 acres, and the branch line 15,613.11 acres.

I have endeavored to find such amounts within the indemnity limits free from con- flicts with the primary limits of the grant for the Northern Pacitio Railroad Company, but find.it impossible, and therefore submit list 14, for 21,sl0.69 acres, being lands free from such conflict, and list 15, for 9,0b3.91 acres, within the conflict.

The lands in conflict are also within the primary limits of the grant for the Wis- consin Central Railroad Company, and opposite unconstruoted road.

In this particular they have a different status from the lands included in lists H, 9, and 12, approved by you October 11, 1889, and subsequently suspended by your letter of October 22, 1889.

They are all within the 15-mile limit of the grant for the Omaha Compauy under the act of June 3, 1856.

Should the lists herewith submitted be approved the grant is satisfied.

There are pending in this office a great many applications f^r lands within the in- demnity limits of the grant for the Omaha Company (which will not be needed in satisfaction of the grant for said company) and within the primary limits of the grants for the Wisconsin Central and the Northern Pacific Railroad companies.

The status is therefore the same as that of the tracts included in list 15, except that they will not be needed in satisfaction of the grant for the Omaha Company, and are within the 15 and 20 mile limits of the grant for said company.

Letters of inquiry in relation to said applications and many making inquiry as to when such lauds shall be restored to entry are daily received, and I have therefore to request an early determination of the respective rights within said conflict, that such lands as you may determine may at the earliest possible date be restored to entry.

[Little Kock and Fort Smith (ArkansM), November 12, 1889.]

1 have the honor to submit herewith a readjustment of the grant to the State of Arkansas to aid in the construction of the Little Rock and Fort Smith railroad, being a branch of the Cairo and Fnlton railroad. The original grant was by the act of February 9, 1853, and was of every alternate secti6n of land designated by even num- bers for six sections in width on each side of said road and branches, with a provision

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RAILROADS. 187

for iDdemnity for losses within tbo primary or j^ranted limits, to be taken within an additional territory, not fnrther than 15 Aiiles from the line of the road. This grant having lapsed, and no road having been conbtrncted, Congress, by -act of J my 28, l^^^, revived and extended it so as to include all the odd- numbered sectioQs ''lying along the outer line of the lands heretofore granted and within 5 miles on each side thereof,'' with certain exceptions ; but provided that the additional grant, when added to that revived, shoald not exceed ten sections per mile of railroad.

In 1881, this oCBce, after a thorough examination of the grant for the Little Rock and Fort Smith railroad, prepared an adjustment of the same, and on June 27 of that year submitted a sTatement thereof to the department, ace mpanied by two lists of lands for approval for patent under the grant, aggregating 140,287.37 acres, 140,'^83.66 acres having been found to be due thereunder. They were approved and returned to this office January 9, lt^82, bat fnrther action upon them was suspended by informal request of Secretary Kirk wood, dated January 13, ensuing. The Judiciary Committee of the House of Representatives having reported that, m its opinion, no reason ex- isted wby patents should not Issne to the company for land earned by the construc- tion of its road, Secretary Teller, on the 10th of May, 1882, called the attention of the office to the matter, and stated he could see no objection to patenting the lands em- braced in said lists. A thorough re-examination of the lists was thereupon made, and by office letter of May 31, 1882, the attention of the department was called to certain expired pre-emption filings which were still of record, and instructions asked as to whetner the tracts covered by them should be excluded from the patent. On June 23, 1882, the Secretary replied that the act of June 21, 1866 (14 Stats., 66), ob- literated idl previous pre-emptions; that the settlements and filings referred to had no statutory force ; and that the tracts covered by them should not be omitted from the patent to the companv. The lists, aggregating 139,853.62 acres, were thereupon, on July 13, 1882, patented. This'left a balance due the company of 430.06 acres.

A large quantity of lands in excess of the amount due the company having been selected under its grant, this office on February 19, 18H3, having previously called the attention of the department to the fact, addressed a letter to the Secretary sug- gesting that all such lands, as well as the lands which had been reserved t-o satisfy the grant, be restored to settlement and entry, and asking instructions in the premises.

The Secretary haviuf^- concurred in these views, the local officers at Little Rock, Dardanelles, and Harrison, the districts wherein the grant is situated, were directed to restore to entry, after toirty days' public notice, all the vacant land in their dis- tricts theretofore reserved under the grant, and also all lands selected by the com- Sany and not needed in satisfaction otsaid grant. Said selections were canceled, and escriptive lists of the selected lands were furnished the local officers.

It having been discovered that 470.25 acres of land had been twice patented to the company, and the company having executed relinquishments for certined or patented lands to the amount of 392.18 acres, which had been erroneously conveyed to it,l,272.73 acres were reserved for the satisfaction of the grant. ,

On November 15, 1884, a list containing 1,192.73 acres was submitted to the Secretary for approval, and the same was approved November 18, and patent issued therefor December 1 ensuing. The account with the company was thus settled, with the ex- ception of 80 acres.

This adinstment and settlement has not been disputed by the company.

The riffht under the act of 1853 attached to the vacant even-numbered sections in the 6 mile limits August 13, 1855, and, under the act of 1866, to the vacant odd-num- bered sections within the additional 5-mile limits May 13, 1867, the date the Sec- retary of the Interior ^led in his office and in the office of the secretary of state of Arkansas the certificate as to the reorganization of the board of directors by the com- pany, as required by the 3d section of said act.

Tne readjustment, which shows an excess of lands conveyed to the company of 5,224.06 acres, was prepared under the act of March 3, 1887.

On September 13, 1888, the land commissioner of the company was, through the local office at Little Rock, called on to show cause in writing why proper steps should not be taken by this department to recover to the United States, 'in accordance with the requirements of said act, the title to certain lands, lists of which, marked A, B, and C, were furnished.

List A embraced lands which were disposed of prior to or were covered, at the time the right of the company attached, by entries of record, which defeated the grant.

List B embraced lands which were selected as swamp prior to the time the com- pany's right attached, or have been approved to the State as swamp under the act of September 28, 1850 ; and

List C contained a tract which was covered, at the date the company's right attached, by an uncanceled pre-emption filing.

The company, in due time, by its attorney, filed its answer to the rule to show cause, and therein contended that, the grant having been adjusted prior to the act of 1887, there was no authority in said act for its readjustment ; that said act could be

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188 BEPORT OF COMMISSIONEE^OP GENERAL LAND OFFICE.

applied to those ^ants only which had not been adjusted. The attorneys then pro* ceed to treat each tract separately.

The position of the coiiipauy that thero is no authority fonnd in the act of March 3, 1887, for a readjustment of the grant is, I tbiiik, well taken ; the grant was thor- oughly examined and finally adjast-ed, the adjustment was accepted by the company ; and. without express legislative authority, this department can not disturb it. See decision of the department of February 6, 1889, in the case of the Atlantic and Pa- cific Railroad Company (8 L. D., 165). It is not thought necessary, tLerefore, to fol- low the company in its argument, treating each tract separately.

The papers submitted are as follows:

Copies of Coramissiouer's letters to Secretary of June 27, 1881, May 31, 1882, Feb- ruary 19, 18H3, and November 1.5, 1884, marked I, 2, 3, and 4, respectively.

Copy of office letter to T. M. Gibson, calling upon him to show cause, marked 5.

Reply of the company, marked 6.

Copies of the lists A, B, and C, above referred to.

Sheet showing the adjastm^'ut of the grant, marked D.

[Missonri, Kansas and Texas (Kansas), November 18. 1880.1

I have the honor to herewith submit, as directed by your letter of June 21, 1889, an adjuHtiiient of the grant for the Missouri, Kansas and Texas Railroad Company, under the .lots of March 3, 1863, and July 26, 1866, in accordance with the present rulings " of the department.

StaiemenL

Acres.

Total area of grant : 1,134,79L08

Deduct on account of moieties :

Acres.

Atchison, Topeka and Santa F6 37,161.14

Leaven worth, Lawrence and Galveston 90, 898. 74

128,059.88

Net nrea of grant 1,006,731.20

Approved in granted limits 1 122, 656. 53

Approved to Leavenworth, Lawrence and Galveston within

clear limits 1,663.36

124,319.89

Loss to grant 882,411.31

Approved asindemnity^ 494,072.38

Due as indemnity .' 388,338.93

In the former adjustment deduction was made on account of prior grants for rail- roads, Indian reservations, and selections on account of grants to the State for in- ternal improvements, etc. These deductions, nnder departmental decision in the matter of the adjustment of the grant for the Omaha Company (6 L. D., 195), are erroneous, and in the a<ljustment now presented indemnity has been allowed for such

l0R.«»Pfl.

It will be seen that the company is charged with 1,663.36 acres approved by the State for the Leavenworrh, Lawrence and Galveston Railroad Company. This arises from the fact that of the lands approved to the State September 25, 1872, jointly. 3,3*26.72 acres are within the primary limits of the grant for the Missouri, Kansas ana Ti-^xas Railroad Company, free from conflict, audit was error to approve them jointly with the Lea veu worth, Lawrence and Galveston Railroad Company, and under date of May 30, 1876, Messrs. Britton «fe Gray, as attorneys for the Missouri, Kansas and Texas Railroad Company, requested that they be patented to the last named road; and accompanying the request is a papersigned by the duly qualified receiver for the Leavenworth, Lawrence and Galveston Railroad Company, wherein he recites the fact of the erroneous certification and the necessity of a new certification to the Missouri, Kansas and Texa* Railroad Company.

This ofllce requested the State to execute a quitclaim to the lands that they might be properly certified ; but refusal was made for the reason that the State had pat- ented the lands to the companies as certified by this office. No further action ap- pears to have been taken by this office, but it is presumed that the matter has been setth*d between the companies.

Under the adjustment by my predecessor (Mr. Sparks), submitted in his letter of July 21, 1887 (copy inclosed^ in which the limits, as establishid at the time of the location of the road, were changed for reasons therein set forth, the whole area of the grant was found to be 1,121,784.18 acres, and by the change 21,421.99 acres, for-

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RAILROADS. 1 89

merly within the iDdemnity limits and patented as such, are shown to be outside of sach limit. *

In returning this adjustment attention was called to the exclusion of said amount of lands by the change in limits, and, as stated, '^an inspection of the maps shows that many tracts which lay outside of the indemnity limits under the orieinaJ adjust- ment now fall within such limits. The amount of lands in this condition is not stated. The net result of the change of limits^ therefore, can not be ascertained from the record."

Attention was also called to the statement in said adjustment that '^ there have been approved to the company in granted limits 117,556.06 acres, of which 21,523.6di acres were erroneously patented, such land having been excepted from the grant by grants for other roads,'' and it is not kno^n by what grants said amount was excepted from the grant in question.

(1) TUB RESULT OF TIIB CHANGE OF UMITS.

Under the former adjustment more than 21,421.99 acres were excluded from the icdemnity limits, but of the amount excluded 21,421.99 acres had been patented to the company.

Within the indemnity limits the company took both odd and even sections, and the diagrams show that the change in the indemnity limits is muoh more than in the granted or primary limits.

The indemnity withdraw'als for said company have been revoked, and a chanee could not affect disposals, heretofore made, of land which by the change would be Included in said limit.

A contrast of the primary or granted limits gives as follows :

AcreB.

Gross area under present adjustment 1,134,791.08

Gross area under former adjustment 1,121,784.18

Result of change affects granted limits 13,006.90

Amount excluded from indemnity limits 21,421.99

Amount affected by change of limits 34,428.89

In the former adjustment a change was made not only in the limits of the grant for the road under consideration, but on all roads coming in conflict therewith the limits were changed as far as the conflict extended. In this connection I would state that upon petitions in behalf of Odell F. Wiard, Andrew J. Curran, and William H. Irwin, seeking to change the limits of the grant for the Kansas Pacitic Railway Com-

Sany, as shown by the diagrams on file in this office, recommendation was made under ate of June 1, 1889, that no change be made in the limits ; but as yet no action has been taken upon said matter by the department.

(2) AS TO LANDS SHOWN TO HAVE BEEN ERRONEOUSLY PATENTED.

The following is taken from the adjustmeit now submitted, hence the amounts will differ from those under the former adjustment, due to the change in limits:

From Emporia southward, in the conflict with the grant for the Atchison; Tdpeka and Santa F6 Railroad Company, the grant is of eveu date, while north of this point the grant for Che latter company is the prior grant ; and upon establishing a terminal at this point to separate the grants it is found that the Missouri, Kansas and Texas Railroad Company received patents for 6,845.62 acres north of said terminal. Until the adjustment submitted by Mr. Sparks no terminal was ever established, but the line of the Atchison, Topeka and Santa F6 railroad seems to have been the dividing line recognized at the time the lands were patented.

In the conflict between said companies the Missouri, Kansas and Texas Railroad Company received patents for 12.653.92 acres as indemnity of lands situated within the primary limits of the grant of the Atchison, Topeka and Santa F^ Railroad Com- pany ; and in the conflict with the Leavenworth, Lawrence and Galveston Rail- road Company, the Missouri, Kansas and Texas Railroad Company received patents for 6,315.93 acres as indemnity, which are shown to be within the primary limits of the grant for the Leavenworth, Lawrence and Galveston Company.

In the adjustment herewith submitted the company is charged with receiving these lands, but as it is clearly shown that, as the adjustment stands, the company is en- titled to more land than could be found within its liniits, a further consideration of the matter as affects the adjustment is unnecessary.

An exaiuinatiou shows a further class of erroneous approvals not reported in the former adjustment, f, «., that patents have issued to this companj'^ for about 3,000 acres where it is shown, on account of claims of record, the lands were not subject to the company's grant.

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190 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

«

As to these tracts a rnle will be served upoo the company to show cause why pro- ceeding! sboald not be instituted with a view to the recovery of .the lands, as eon- teiiiplated by the act of March 3, 18ti7.

Ah thA company has seleotioas pending for about 7,000 acres, and is desirous of receiving patents therefor if so directed, lists of the same will be prepared for your approval, that patents may issue thereon. Such lists are not submitted herewith, as the former adjustmeut, showing an excess of 293,431.55 acres, has not been formally set aside.

As the matter of the change of limits is presented in this adjustment, and as it will afiect all adjustments to be made, an early determination of the matter is requested.

In this connection I have to call attention to office letter of October 31, 1887, pre- senting for consideration, in connection with the adjustment of the grant for this company, a statement in relation to lands embraced in the reservation eitablished by treaty of January 15, 1838 (7 Stat., 550), for the New Tork Indians, and patented -to this and other companies.

This was not considered in returning the papers, and the letter of October 31, 1887, is herewith inclosed.

[Atkinson, Topekaand Santa Fd (EaoBas), Deoember 20, 1889.]

I have the honor to herewith submit, as directed by your letter of November 14, 1889, an adjustment of the grant for the Atchison, Topeka and Santa F^ Railroad Company, under the act of March 3, l^iGQ, in accordance with the present rulings of the depart- ment.

Statement. Acres.

Total area of grant 2,921, 138.38

Deduct moiety on account of grant for Missouri, Kansas and Texas

Railway Company 37,161.14

Net area of grant 2,883,977.24

Acretf.

Approved in granted limits 2,022,515.00

Erroneously approved to Missouri, Kansas and Texas Railway Company within limits of Atchison, Topeka

and Santa F^ Railrbad Companv 19,499.56

Vacant 80.00

2,042,094.56

Loss to grant 841,882.68

Approved as indemnity 912,217.53

Excess 70,334.85

In explanation of the charge for lands erroneously approved to the Missouri, Kan* sas and Texas Railway Company within the limits of the grant for the road under consideration, I have to submit the following :

From Emporia southward, in the conflict of these two grants, they are of even date, while north of this point the Atchison, Topeka and Santa F^ Railroad Company has the prior grant, and upon establishing a terminal to separate the grftots, it is found that the Missouri, Kansas and Texas Railway Company received patents for 6,845.62 acres north of said terminal.

Until the adjustment of the grant for the Missouri, Kansas and Texas Railway Company no terminal was ever established, but the line of the road of the Atchison, Topeka and Santa F^ Railroad Company seems to have been recognized as the divid- ing line.

It further appears that the Missouri, Kansas and Texas Railway Company received patents for 12,653.92 acres, as indemnity, of land situated within the primary limits of the grant for the Atchison, Topeka and Santa F6 Railroad Company.

It will be seen that the patenting of the lands in both of these items to the Mis- souri, Kansas and Texas Railway Company was error, and it is believed that the same are recoverable by the Atchison, Topeka and Santa F6 Railroad Company, and hence they are charged to them in the a^ustment herein presented.

In submitting the adjustment of the grant for the Missouri, Kansas and Texas Railway Company attention was called to these items, and also to the fact that said company was charged in the adjustment with receiving. the same; but, as stated therein, as it is clearly shown that said company is entitled to more land than could be found within its limits, further consideration of the matter as affects the adjust- ment of said road was unnecessary.

In the present case a different state of facts is presented ; for, excluding the charge of these items, an excess remains, and a consideration of the matter becomes neces- sary before a Anal adjustment can be made.

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RAILROADS.

191

It also appears that 80 acres have been approved for the benefit of the Atchison, Topeka and Santa F^ Railroad Company where it is shown that on account of claims of record, the lands were not snbject to the company's grant.

Shonld the company reconvey the same, or upon their recovery by suit, a deduction should be made of said amount from the excess shown.

I have advised the attorney for the company of the state of the adjustment herein presented.

Should it be desired, a list can be prepared of the lands embracing the exces8.

The papers, with your letter of November 14, 1809, are herewith returned.

[ft. Panlf Minneapolis and Manitoba, and St.Paal and Northern Paclflo (Minnesota), Jannary 25,

1880.]

I have the honor to submit herewith an acUastmeut of the grant to the State of Minnesota, made by the acts of March 3, 1857 (11 Stat., 195) : March 3, 1865 (13 Stat., 526) ; and March 3, 1871 (16 Stat., 588), in aid of a railroad *^from Stillwater, by way of St. Paul and St. Anthony, to a point between the foot of Big Stone lake and the mouth of Sioux Wood river, with a branch via St. Cloud and Crow Wing, to the nav- igable waters of the Red river of the North,"- In accordance with departmental Vision of February 26, 1889 (8 L. D., 255), holding that said grant is, in effect, an entirety and indivisible.

Statement,

Acrea.

Whole aiea of grant 3,741,681.33

Deductions :

Acres.

On account of moieties 21,654.05

On account of prior grants 53,133.06 74,787.11

Net area of grant 3,666,894.22

Approved in granted limits 2,129,390.45

Vacailt in granted limits 2,577.27

Selected in granted limits 71,977.80

Vacant, except expired filings 28,800.65

Relinquished under State act of March 1, 1677 14, 856. 62

Patented to Northern Pacific railroad within granted

limits of St. Vincent extension 29,146.69 2,276,749,48

1,390,144.74 Approved as indemnity 1,321,073.94

Due as indemnity 69,070.80

The adjustment discloses the foUowins confliicts, the area of which is given, and the items upon which the deductions are based :

Mainline.

6 with 6 Minnesota Valley

« with e Minnesota Central

e with 6 Minnesota Valley and Minnesota Central

6 with 6 Brainard Branch and Minnesota Valley

6 with e Brainard Branch and Minnesota Central

6 with 6 Brainard Branch and Minnesota Valley and Minnesota

Central

10 with 6 Brainard Branch

10 with 6 Minnesoto Central

10 with 6 Minnesota Valley

10 with lOMinnesou Central

10 with 10 Minnesota Valley

10 with 6 Lake Superior and Mississippi

10 with 6 Minnesota Central and Minnesota Valley

Total St. Vincent Extension .

10 with 20 Northern Paciflo Railroad

10 with withdrawal on general rente, Northern Pacific Railroad Brainard Branch: 10 with 20 Northern Pacific

Amounts

in conflict.

2,715.01 4,205.48 23,347.00 3,503,17 103,88 2,873.75

18,245.54 8,725.89

10,405.10

400.00

4,810.87

7.048.58

7,990.90

Moieties deducted.

Prior grant.

*1,357.60 * 2, 102. 74

1 15, 505. 28

1 1. 187. 72

:54.40 * 1, 180. 87

18.245.54 8, 725. 89

10,405.19

* 200. 00

21,054.05

260.031.85 I 217,275.74 i 80.601.43 .

4, 819. 37 7.940.68 7,990.99

53,183.06

Total I 503,499.02 I

* One-half.

f Two-thirds.

: One-third. Digitized by VjOOQIC

192 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

The deduction on account of prior grants is made under section 3 of the act of March 3, 18(>5 (13 Stat., 526), which provides *Hhat any lauds which may have been granted to the Territory or State of Miuuesota for the purpose of aiding in the con- struction of any railroad, which lands may be located within the limits of this exten- sion of said grant or grants, shall be deducted from the full quantity of lands hereby granted," etc.

In further explanation of the adjustment, I have to report that since the depart- mental decision of May 13, 1873, in the matter of the conflict between the St. Vincent extension of the St. Panl and Pacific and the Northern Pacific Railroad companies, the uniform decision of this office and the department has been to hold that the rights of the first- mentioned company are superior within the conflict; hence, this ad- justment has proceeded in accordance with said holding! and this grant is charged with lands patented to the latter company within the conflict.

I am aware that there is now pending in the United States Supreme Court a case between said companies, involving not only the lands in conflict upon the final loca- tion of the Northern Pacific Railroad Company, but also those within the limits of the withdrawal on general route ; also, that the decision of the court below is in favor of the Northern Pacific Railioad Company. '

Should said decision be affirmed, it will therefore materiallv afiect the adjustmeut herein presented, but from data prepared the change can easily be made.

An explanation is necessary as to the charge of lands which have been relinquished by the governor under the act of the State legislature approved March 1, 1877.

This act authorizes the eovemor to execute a relinquishment in favor of all bona fide settlers upon any of the lands granted to said company who were actual settlers on March 1, 1877.

These persons settled after Ihe definite location of the road, and in the acts of Congress making the grant there is no provision allowing indemnity for such losses; hence, the charge is made that the company mav not receive indemnity for the same.

In this adjustment every possible charge is made that the rights of the government may be fully protected in tne event of any change of rulings.

It will be seen that, under this adjustment, the State is yet entitled to 69,070.80 acres.

I have prepared two lists, on account of the construction of that portion of the road from Watab to Brainerd.

The St. Panl and Northern Pacific Railroad Company, formerly the Western Rail- road Company, is the grantee of the State for this portion of the road.

Indemnity list No. 10 includes 56,667.10 acres, which are shown by the records to be free from all conflict, except that several of the tracts (aggregating 7(>5.79 acres) are covered by old expired filings, under which no one is asserting claim, and they are listed, in view of departmental decision in the case of Allers r9. Northern Pacific Railroad Company (9 L. D., 45'2).

Indemnity list No. 11 includes 10,435.48 acres within the conflict with the North- ern Pacific Railroa<l Company.

These lands are within the 15-mile limits under the » act of 1857 and the primary limits of the grant for the Northern Pacific Railroad Company. They have been con- tinuously withdrawn since 1858, and hence were reserved lauds both at the date of the grant and definite location of the Northern Pacific railroad.

The condition presented is similar to that of the conflict between the Omaha and Wisconsin Central Railroad companies, wherein it was held by the department that the reservation within the 6 and 15 mile limits for the first-meutioued company servefl to except the tracts from the grant for the latter company (see departmental de- cision of October 7, 18-:^, in the matter of the adjustmeut of grant for Chicago, St. Paul, Minneapolis and Omaha Railway Company, 6 L. D., 195.)

These lists aggregate 67, 102..58 acres.

In the grant for this company no exception is made on account of minerals ; and, further, the mineral laws are not applicable to the State of Minnesota. For these reasons specific proof as to the non-mineral character of the land has not been re- quired.

Rules will be served uuder the act of March 3, 1H':^7, as to lands shown by the ad- justment to have been erroneously certified.

[Alabama and Florida (Alabama), February 20, 1890. Florida and Alabama (Florida).

I have the honor to submit adjustment of the grants made by the act of May 17, 1856(11 Stat., 15), to the States of Alabama and Florida, to aid in the construction of railroads from " Pen.sacola to the State lino of Alabama in the direction of Mont- gomery," and from '' Montgomery to the boundary line between Florida and Ala- bama, in the direction of Pensacola, to connect with the road from Pensacola to said line." It appears that these grants were conferred by the States upon the Alabama and Florida Railroad Company of Florida and the Alabama and Florida Railroad Company of Alabama.

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RAILROADS. 193

The«e roads were bailt from Pensacola, Fla., to Flomatou, Ala., and fVom Mont- gomery to FlomatoDi Ala., and within the time limited in the act making thefiprants.

Both of the roads are now operated by the Lonisville and Nashville Railroad Com- pany, bat said road is not, as far as known to this office, interested in the land grants.

Adjustments have been prepared of these grants with the following results :

From Pensacola to the State line of Alabama in the direction of Montgomery.

Acres.

Whole area of grant « 159,185.09

Deduct moiety on account of conflict with grant for Pensacola and Geor- gia Railroad Company made by same act 11,242.38

Net area of grant 147,942.81

Acres.

Approved in granted limits 86, 761. 48

Vacant in granted limits 139.60^ 86,901.08

Net loss to grant , 61,041.73

Approved as indemnity .' 79,9^)0.49

Excess in approvals 18,888.76

From Montgomery to the boundary line between Florida and Alabama,

Acres. '

Whole area of grant 439,972.58

Acres.

Approved in granted limits 150,924.46

Vacantln granted limits 2,969.35 153,893.81

Lost to grant 286,078.77

Approved as indemnity 243,511.63

Dae as indemnity 42,567.14

It will be seen that there has been an excess in approvals on account of the grant for the road in the State of Florida.

The granted lands on account of the grant for this road were certified to the State August 28, 1857, and the indemnity lands August 28, 1858.

Slnoe the last-mentioned date, there have been no lands certified on account of this grant, nor does any claim appear to have been asserted to further lands.

It does not appear that any formal adjustment was ever submitted of this grant, but, on account of the lapse of time since approval of lands under the grant, it is doubtfnl if it can now be treated as unadjusted, with a view to recovery of the exo^'ss under the act of March 3, 1887.

Should you so direct, the excess can be easily identified as, there being but one date of approval of the indemnity lands, those farthest from the lands granted, or granted limits, would constitute the excess.

The portion of the road in Alabama is shown to be deficit, but from the adjustment it appean that a number of the tracts certified on account of the grant were covered by uncanceled pre-emption filings at the date of the definite location of the road, and, as to these, a rule was served to show cause within thirty days why the same should not be reconveyed, in accordance with the provisions of the act of March 3, 1887.

Answer has been duly filed, and will be considered and submitted to the depart- ment at an early date.

Lands were approved on account of the road in Alabama January 24, 1888, and there can be no doubt but that the grant was unadjusted March 3, 1867.

[Vicksbarg, Shreyeport and Pacific (Hiaaissippi), February 2«, 1890.J

In compliance with instmctions contained in department circular of November 2, 1887, issued under the act of Congress approvsd March 3, 1887 (24 Stat., 556), I have adjusted the grant to the State of Louisiana by act of June 3, 1856, to aid in the con- struction of a railroad from the Texas line, in the State of Louisiana, west of the town of Greenwood, via Qreenwood, Shreveport, and Monroe, to a point on the Mis- sissippi river opposite Vicksburg. Said grant was of every alternate section of land designated by the odd numbers for six sections in width on each side of the road, with a provision for indemnity for losses within 6 miles of the line of the road, or the grant in place, to be taken within an additional territory not more than 15 miles f^om the road line.

9405 L O 13

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194 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

The riffht under the grant attached in the 6-mile granted limits March 27, 1857, the date of the filing in this office by the company of the map showing the definite loca- tion of its road. The right to indemnity attached npon selection.

The present owner of the grant is the Vicksbnrg, Shreveport and Pacific Railroad Company, successor to the vicksburg, Shreveport and Texas Company, by purchase under a decree of the Supreme Court of the United States.

The grant was of every alternate section of land within specified limits, and was therefore a grant in place. The area of the odd-numbered sections within the 6- mile or granted4imits, which is the area or amount of the grant, is 699,220.90 acres.

There have been certified under the grant, as granted lands, 98,643.72 acres, and as indemnity 254,138.17 acres; which, with 7,4 »3.71 acres in the granted limits vacant and subject to selection, and 333.10 acres disposed of after the definite location of the road, aggregate 360,518.70 acres, leaving a balance due as indemnity under the grant of 338,7^.20 acres.

List's of lands marked A and B, which, under the present rulings of the department, would appear to have been erroneously certified for the company, have been prepared, and the present owners under, the grant, through their representative in this city, M. D. Brainard, esq., were, on March 12, 1888, furnished copies thereof, and called upon to show cause why the proper steps should not be taken by the government to re- cover title in accordance with the requirements of the act of March 3, 1887, aforesaid. The call was made upon Mr. Brainard as attorney for the Yioksburg, Shreveport and Texas Railroad Company. In his answer to the rule, he stated that no such company was then in existence, and while he made answer, he did not accept the notice as binding upon the company he represented. He was thereupon requested to return the lists, which having been done, a second notice was served, addtessed to him as attorney for the Yioksburg, Shreveport and J*acific Railroad Company. Nothing fur- ther has been heard from him in the matter.

Mr. Brainard, in his answer, states that nearly all the lands in list A belong to the class of lands known as offered lands; that claimants for such lands were required by law to make proof and payment therefor within one year from date of settlement, and that nearly all the filings on said lands had expired before the definite location of the company's road. This is true : all the lands in said list, excepting those em- braced in townships 16 and 17 north, range 2 east, are of the class known aa offered lands, and the filing upon them had expired at the time the right of the company attacned by the definite location of its road.

The company claims that these expired filings were no bar to the attachment of the railroad right, and I am constrained to agree therewith, unless the pre-emptors continued to reside upon and claim the land, which is not shown nor claimed in the

£ resent case. (Chicago, Burlington and Quincy Company, 8 L. D., 546 ; Caldwell v§, [issouri, Kansas and Texas Company, 8 L. D., 570.) I recommend that the rule against the company be dismissed as to these tracts. As to the tracts in townships 16 and 17 north, range 2 east, which were not offered lands, the filings thereon, under the rulings of the department, had not expired, and would except the tracts in said townships and range from the operation of the railroad grant. (Milliman vs. South- ern Pacific Railway Company, 5 L. D., 553.)

None^f the pre-emptors, nor any other parties, are now asserting any claim to the land, and as I do not know of an v decision of the Supreme Court determining this point, I prefer to make no recommendation as to these tracts, but to leave the determina-. tion as to the action, if any, to be taken concerning them to the discretion of the department.

As to the lands in list B, covered by the entries of Deek, Murray db Harris, I do not think this department is called upon to take any steps to recover the title from the company. Tnese lands are within the indemnity limits of the companv's grant, and were withdrawn in 1856. The entries, which are of the private cash class, were not made until 1858, and while they were made prior to the certification for the company, they were of reserved lands.

As to the lands covered by the entries of Thomas O. Raines, cash No. 10851 ; Abel T. Norwood, Wt. No. 28945; John M. Fenley, cash No. 9291, and Lewis Watson, cash No. 3580, 1 am of opinion the companv should be required to reconvey. These entries were made long prior to the railroad grant, and while patents have issued thereon, the certification to the company acts as a cloud upon the title, and should be cleared away.

I submit herewith the following papers :

A. List of lands within the 6-mile limits of the grant which were covered by un- canceled pre-emption filings at the date of the definite location of the road.

B. List of lands which were disposed of prior to the time the right of the company attached. The status of each tract is given in the list opposite it under the head of remarks.

C— Sheet showing the a^ustment of the grant.

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RAILROADS. 195

D.— Copy of office letter of Maroh 12, 1888, calliDg upon the company to 8li<fW canse. £. Copy of office letter of May 12, 1888, calling npon company to show cause. F. Answer of M. D. Brainard, esq., acting for the company.

[St. Paul And Dulath (Minnesota), Febraary 26, 1890.]

I have the honor to submit herewith an adjustment of the grant made by the acts of May 5, 1864 m Stat., 64), and July 13, 1866 (14 Stat., 93}, to the State of Minne- sota, to aid in the construction of a railroad from '^ St. Paul, Minnesota, to the head of Lake Superior.'^

Statement,

^OFM.

Whole area 934,d35.92

Acres.

Approved to company in granted limits 356, 640. 12

Vacant and subject to grant 489.49

357,129.61

Lost to grant 577,706.31

Approved in 20-mile limit 291,820.09

Approved in 3a-mile limit 179,469.60

471,289.69

Due as indemnity 106,416.62

This ffrant was conferred by the State upon the Lake Superior and Mississippi Railroad Company, the present owners being the St. Paul and Duluth Railroad Company.

The entire road was built in time, and extends from St. Paul to Duluth, in said State.

Twenty-three and a half miles of this road, extending from Northern Pacific Junc- tion to I)uluth, is owned and operated Jointly with tbe Northern Pacific Railroad Companv.

The adjustment disclosed that a number of tracts were erroneously certified on ac* count of this grant, the same having been covered by homestead and pre-emption claims at the date of the attachment of rights under the grant.

As to these tracts, a rule will be served npon the oompaujr to show cause why re- conveyance should not be made in accordance with the provisions of the act of Maroh U| lo87.

This company has selections pending amounting to 2,291.91 acres, and lists have been prepared embraoing 527.82 acres, which will be snbmitted for approval upon compliance bv the company with the requirement of a specific showing as to the non-mineral character of each legal subdivision selected.

The remainder of tbe lands selected can not at this time be listed, for the reason that conflicts appear of record; but said conflicts will be disposed of at tbe earliest possible date.

[Sonthern Minnesota Extension (Minnesota), February 26, 1880.] ^

1 have the honor to submit herein an adjustment of the erant «nade by the act of July 4, 18^ .(14 Stat., 87), to the State of Minnesota, to aia in the construction of a railroad from ** Houston, Minn., to the western boundary of the State.''

Statement

Acres.

Whole area of grant 1,604.635.23

Acres.

Approved in granted limits 186,2K7.74

Vacant in granted limits 201.08

Selected in granted limits 4*^4.91

186, 913. 73

Net loss to grant 1,417,721.50

Appproved as indemnity 264,8:<4.47

Due as indemnity i,152,H87.03

The State conferred the grant ulpon the Sontbern Minnesota Railroatl Company, which company constmcted the road from Houston to Winneliago City, 149.35 mileS| within the required time.

By act of March 3, 1878, the State legislature conferred the grant appertaining

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196 ' REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

to the ancoDipleted portion of the line of road upon the Southern Minnesota Rail* way Extensiou Company, which company built from Winnebago city to Airlie, on the western boundary of the State, 130.02 miles, after the required time.

The entire road is now owned and operated by the Chicago, Milwaukee and St. Paul Railway Company.

The adjustment snows that a number of tracts were erroneously certified or patented under this grant on account of filings and entries of record at the date of definite location, and role will be served npon the company to show cause why the same should not be reconveyed to the United States, in accordance with the provisions of the act of March 3, 1887. Indemnity selections are pending on account of this grant amounting to 4,723.56 acres. These selections were made prior to the requirement of specification of losses as a basis for the indemnity selections, and no such speci- fication has since been filed ; but, as the adjustment shows the grant to be deficient more than 1,000,000 acres, I deem it unnecessary to insist upon such requirement in this case.

The grant for this company contains no exception on account of minerals, nor are the mineral laws applicable to Minnesota; hence a specific showing as to the non- mineral character of the land has not beeu required.

Of the selections pending two lists have been prepared, as follows:

List No. 3, embracing 1,560 acres, and list No. 4, embracing 330.86 acres.

The records show old, expired, uncanceled filings upon the lauds embraced in list No. 4. but as no one is asserting claim under said filings, they are listed under the decision in the case of Allen vs. Northern Pacific Railroad Company (9 L. D., 452).

List No. 3 embraces land free from confiict.

With the exception of two tracts the lands listed for approval are all opposite road constructed out of time and would not be submitted, but in forwarding the adjust- ment I deem it advisable to present as far as possible a full settlement of the grant.

The remaining tracts selected are omitted on aooount of conflicts.

The rights of the company under such selections will be adjudicated at an early date.

[Chicago and Northwestern ( Wisoonain), Febraary 26, 1890. ]

I have the honor to submit herein an adjustment of the grant made by the act of June 3, 1856 (11 Stat., 20), to the State of Wisconsin, to aid in the oonstruotion of a railroad from ** Fond du Lac, on Lake Winnebago, northward to the State line.''

Statement,

Acres.

Whole area of grant 560,623.93

Approved in granted limits 220, 159.82

Loss to grant 340,464.11

Approved as indemnity 334,945.56

Due as indemnity 5,518.55

This grant was conferred by the State upon the Chicago, St. Paul and Fond do Lac Railroad Company, and by purchase under foreclosure of mortgage it became vested in the Chicago and Northwestern Railway Company.

On November 30, 1857, a map was filed showing the location from Fond dn Lac to the Michigan State line in T. 41 N., R. 14 E., a distance of about 167 miles.

By joint resolution approved April 25, 1862 (12 Stat., 618) a relocation of the road was authorized, but no change was made in the location ot the land grant.

Under said resolution the road was constructed from Fond du Lac, via Appleton^ to the Michigan State line, near the mouth of the Menominee river, 116 miles.

It will be seen that the located line, under the act of 1856, is more than 50 miles longer than the constructed road; but the act of March 3, 1869 (15 Stat., 307) au- thorized the company to select its lands along the full extent of its road as originally located.

The adjustment shows that there is yet due on account of the grant 5,516.55 acres ; but the /company is not asserting claim to any further lands, and it is doubtful if any remain within the limits subject to selection.

The last list approved ^as on May 9, 1877 ; hence ten years had elapsed at the date of the passage or the act of March 3, 1887 (24 Stat., 556), providing for the adjust- ment of railroad land grants " heretofore unadjusted. '^

The adjustment disclosed that the following tracts, approved within the primary

. limits, were covered by uncanceled pre-emption filings at the date of definite location

(November 30, 1857), and a rule was served upon the company, allowing the usual

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BAILROADS. 197

time to show oanse in writing before this office why prooeedings should not be insti- tated, as contemplated by the act of March 3, 1887, for the recovery of the same, viz :

NE. i NW. i & NW. i NE. i, sec. 3. T. 25 N., R. 15 E. Oflfered D. S. 14406»

George Frazer, Oct. 15 and November 12, 1856. Lots 2 and 3 and SW. i S£. i, sec. 11, T. 25 N., R. 15 £. Offered D. S. 12996, Z.

Poller, Jan. 1 and 4, 1856. SE. i SW. i, sec. 13, T. 25 N., R. 15 E. Offered D. 8. 10097, M. Fitzgetald, .

Oct. 25 and Nov. 1, 1853. SW. i NW. i & NW. i SW J, sec. 23, T. 25 N., R. 15 E. Offered D. 8. 13080, I.

P. Dnrfey, Jan. 15 and 28, 1856. Offered D. S. 12921, Abel Webster. Nov. 27

and Deo. 4, 1855. Lots 5, 6, and 7, sec. 23, T. 25 N., R. 15 £. Offered D.

S. 14502, William £. Mills, Dec. 1 and 1, 1856. W. i NE. h sec. 35, T. 25 N., R. 15 £. IJnoffered D. S. 1443, R. Lambert, Jaly

15 and 15, 1863. Land offered Oct. 10, 1853. Lot 1, sec. 1, T.26 N., R. 15 £. Offered D. S. 10272, James Smith, Jan. 6 and

21, 1H54. Offered D. S. 14378, Lyman Dodge, Oct. 31 and Nov. 8, laV). SE. i, SW. i,8eo. 15, T. 26 N., R. 15 E. Offered D. S. 15318, Gottlieb Wurl,

Apr. 5 and 6, 1858. N. i SE. i and SE. i NE. i, sec. 27, T. 26 N., R. 15 E. Offered D. S. 15366, John

Leda, Apr. 7 and 10, 1858. NW. i SW. i and E. i SW. i, sec. 1, T. 27 N., R. 15 E. Offered D. 8. 13332,

Alex Cowin, Mar. 25 and Apr. 7, 1856. Offered D. 8. 14545, Elias Murray,

Nov. 26 and Dec. 15, 1856. NE. i, sec. 3. T. 27 N., R. 15 E. Unoffered D. 8. 2395, Louis P. Boillier, Nov. 1

and Dec. 6, 1856. NW. i NW. i. sec. 3, T. 27 N., R. 15 E. Unoffered D. 8. 1943, L. Cardish, Deo.

23, 1854, and Feb. 2, 1856. 8E. i, sec. 3, T. 27 N., R. 15 E. Unoffered D. Sr 1842, Seymour Bopra, Sept. 13

and 19 1855 8. i NW. i and NW. i SE. J, sec. 9, T. 27 N., R. 15 E. Unoffered D. 8. 2242,

Horton Daly, June 30 and July 1, 1856. SE. i NW. i and SW. i NE. i, sec. 9, T. 27 N., R. 15 E. Unoffered D. 8. 2201,

Isban Conn, May 23 and 27, 1856. NW. h sec. 9, T. 27 N., R. 15 E. Unoffered D. S. 2199, Jno. Burton, May 10 and

27, 1856. NW. i SE. i, sec. 15, T. 27 N., R. 15 E. Unoffered D. 8. 1786, I. I. Patton,

June 9 and 12, 1855. NE. i NE. i, sec. 21, T. 27 N., R. 15 E. Unoffered D. 8. 1749, John Badgley,

May 7 and 12, 1855. Unoffered D. S. 2285, James McCurdy, Aug. 15 and

Sept. 2, 1856. 8E. i SB. i, sec. 23, T. 27 N., R. 15 E. Unoffered D. S. 1757, N. Brooke, May

12 and 18, 1855. Unoffered D. 8. 1943, P. Kinney, Feb. 5 and 8, 1856. NW. i SE. i, sec. 33, T. 27 N., R. 15 E. Unoffered D. S. 1559, Henry C. Weed,

Apr. 10 and 18, 1854. 8. i SE. i and NE. i SE. i, sec. 3, T. 23 N., R. 16 E. Offered D. S. 10785, 8.

Mitchell, Aug. 26 and Sept. 12, 1854. SW. i SW. i, E. i SW. i, and SW. i SE. i, sec. 3,T. 23 N.,R. 16 E. Offered

D. 8.13561, T. L Snell. May 1 and 12, 1856. N. i SE. i, sec. 7, T. 23 N., ¥• 16 £. Offered D. 8. 10871, Edward Taylor, Sept.

25 and 26, 1854. SE. i SE. i, sec. 9, T. 23 N., R. 16 £. Offered D. 8. 14304^, William B. Ras- kins, Oct. 15 and 23, 1856. Lots 5 and 6, sec. 17, T. 23 N., R. 16 E. Offered D. 8. 14388, Daniel Morris,

Nov. 5 and 10, 1856. NE. i NE. i, sec. 19, T. 23 N., R. 16 E. Offered D. 8. 10904, Charles P. Riggs,

Sept. 28 and 30, 1854. W. i SE. i, and SE. i SE. i, sec. 25, T. 24 N., R. 16 £. Offered D. S. 8748, A. D.

Clark, Jan. 1 and 28. 1851. SW. i 8W.,8eo. 29, T. 24 N., R. 16 E. Offered D. 8. 12759, Andrew Farrand,

Oct. 5 and 30, 1855. SW. i NW. i and E. i NW. i, sec. 31, T. 24 N., R. 16 E. Offered D. 8. 2403,

Andrew Ferrand, Dec. 2 and 15, 1850. NW. i SW. i, sec. 15, T. 25 N., R. 16 E. Offered D. 8. 10702, T. Spindler, Aug.

14 and 18, 1854. . NW. i, sec. 1, T. 26 N., R. 16 E. Offered D. 8. 14467, Albert Danks, Nov. 13 and

2o, 1856; offered D. S. 15349, Charles McGee, Apr. 5 and 7, 1858. W. i SE. i, sec. 3, T. 26 N., R. 16 E. Offered D. 8. 11971, R. Holyoke, May 21

and 26, 1855; offered D. 8. 14471, L. M. Merringer, Nov. 16 and 25, 1856.

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198 EEPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

S. i NW. i and NW. i NW. i, sec. 5, T. 27 N., R. 16 E. Offered D. S. 14321,

David Morris, Oct. 24 and 25, 1856. SE. i, sec. 5, T. 27 N., R. 16 E. Offered D. S. 14256, Lyman Hachins, 0<^. 2 and

14, 1856. SW. \, seo. 5, T. 27 N., R. 16 E. Offered D. S. 14279, Eben Evans, Oct. 18 and

20,1856. NE. i, sec. 7, T. 27 N.,R. 16 E. Offered D. S. 14216, James Monahau, Oct. 2

and 6, 1856. SE. i, sec. 7, T. 27 N., R. 16 E. Offered D. S. 14230, Patrick L. Mnllen, Oct. 2

and 8, 1856. NW. i, sec. 17, T. 27 N., R. 16 E. Offered D. S. 14215, James McCall, Oct. 2

and 6, 1856 ; offered D. S. 15321, Anthony Hoeffel, Apr. 5 and 6, 1858. NW. i NE. i, seo. 19, Ti 27 N., R. 16 E. Offered D. S. 13293, David Maxfield,

Mar. 14 and 28, 1856. NE. i NW. i, W. i NE. J. and NW. J SE. i, sec. 19, T. 27 N., R. 16 E. Offered

D, S. 13898, 1. N. Richmond, Jnly 24 and Aug. 2, 1856. NE. i SE. i and SE. i NE. J, sec. 19, T. 27 N., R. 16 E. Offered D. S. 13933,

Charles Phillips, Jnly 24 and Ang. 8, 1856. NE. J NW. i, W. 4 NE. i, and NW. f SE. i, sec. 19, T. 27 N., R 16 E. Offered

D. S. 15335, John Stokes, Apr. 5 and 6, 1858. NE. i SE. i, sec. 19, T. 27 N., R. 16 E. Offered D. S. 15355, John Gains, Apr. 5

and 9, 1858. NE. i SE. i, sec. 19, T. 27 N., R. 16 E. Offered D. S. 15356, WiUiam Johnson,

Apr. 5 and 9, 1858. Lots 2 and 3, seo. 21, T. 27 N., R. 16 E. Offered D. S. 14438, Harriet Wilkes,

Nov. 11 and 17, ia56. E. i NW., sec. 29, T. 27 N., R. 16 E. Offered D. S. 11996, F. Robertoon, May 28

and Jane 1, 1855. SE. i SE. i, sec. 29, T. 27 N., R. 16 E. Offered D. S. 12888. Daniel Olmstead,

Nov. 21 and 23, 1855 ; offered D. S. 13139, Gny Muun, Feb. 11 and 19, 1856. S. i NW. i, seo. 29, T. 24 N., R. 17 E. Offered D. S. 14587, Gilbert Greely, Deo.

20, 1856. and July 12, IH57. SE. i NW. h 8©o. 31, T. 30 N., R. 17 E. Unoffered D. S. 2126, Andrew Morri-

scm, Mar. 17 and 26, 1856.

The above-described tracts were all approved to the State on accoant of said grant, Jnly 2, 1859.

The company duly responded, and its answer is forwarded herewith.

Accompanying the answer is a tabulated statement, showing that the company has disposed of all of said lands, and giving the names of the purcnasers, and the dates of the sales.

The answer urges lack of authority to disturb the adjudications made more than thirty years ago, and further specifically denies that any of said pre-emption claims had any legal foundation, either in fact or in law, and offers to prove that all of them were either illegally initiated, or were in fact abandoned before the definite location of the road, and insists, in case proceedings are contemplated, that hearings be ordered before final action is taken against the respondent.

Seven of the filings upon offered lands were made after definite location, and con- sequently would not serve to except the tracts covered thereby from the operation of the grant.

Of the remaining offered filings, all but three hi^ expired at the date of definite - location, viz :

D. S. 14502, Wm. E. Mills, for lots 5, 6 and 7, sec. 23, T. 25 N., R. 15 E.

D. S. 14545, Elias Murray, for NW. i SW. i and E. i SW. i, sec. 1, T. 27 N., R.

D. S. 14587, Gilbert Greeley, for S. i NW. i, sec. 29, T. 24 N., R. 17 E.

I should therefore recommend that the rule be dissolved as to the tracts covered by offered filings, except in the cases mentioned.

There being no law limiting the time within which proof should be made in the case of a filing upon unoffered land until the passage of the act of July 14, 1870 (16 Stat., 279), such filings can not be held.to have expired until the expiration of the time limited in the Joint resolution of March 3,lH71 (ul. 601), which extended the time limited bv the act of July 14, 1870. (Malone V8» Union Pacific Railway Com-

pany. 7 L.D., 13.)

The filings upon unoffered lands must therefore be treated as an appropriation existing at the date of definite location, and while some, and perhaps all, may have been abandoned prior to this date, yet there is nothing of record to show that such is the case.

The ofler of the company to make a showing, if afforded an opportunity, I do not

Digitized by VjOOQIC

RAILROADS. 199

think osu be entertaiuerl, for the lands, having been certitied, are beyond the jaris- diction of this department.

If soeh olaims are to be considered as making a case of prima facie exceptanoe, the certification mnst be treated as erroneoas ; and this being so the demand mnst follow as a oonsequeuoe of the adjustment act.

As held in the case of the Winona and St. Peter Railroad Company (9 L. D., 649), ** the law seems to impose npon me the duty of making a demand, in accordance with the proYisions of the act of 1887, for the reconveyance to the United States of the lands found, under the views herein expressed, to have been erroneously certi- fied."

The showing offered by the company mig^ht be made in court in the event of suit, but for the above reasons, with the exception before mentioned, I must recommend that the rule remain in force, and that the demand be made as provided for.

[Alabama and Chattanooga (Alabama), Febraary 27, 1880.]

Among the {grants made by the act of June 3, 1856 (11 Stat., 17), to the State of Alabama, to aid in the construction of certain railroads, were the following : ** From Gadsden to connect with the Georgia and Tennessee and Tennessee line of railroads, through Chattooga. Wills, and Lookout valleys," and '^ from near Gadsden to some point on the Alabama and Mississippi State Une, in the direction of the Mobile and Ohio irailroad."

The portion of the first-mentioned grant, from Gadsden through Chattooga val- - ley to the Georgia State line, was conferred by the State upon the Coosa and Chat- tooga Railroad Company, but no present claimant of the grant is known to this o£Qce.

The road, as located, is 37.5 miles ; but there is no evidence of the completion of any portion of the same, and the grant should be forfeited for breach of condition in the matter of construction.

From Gadsden, through Wills and Lookout valleys, to Waubatchie, Tenn., was con- ferred upon the Wills Valley Railroad Company, the present owner being the Alabama and Chattanooga Railroad Company.

The grant from near Gadsden to some point on the Alabama and Mississippi State line, in the direction of the Mobile and Ohio Railroad, was conferred by the State upon the Northeast and Southwest Railroad Company, tne Alabama and Chattanooga Railroad Company being the present owner of this grant also.

As located and constructed, these two grants make a continuous line irom the Mis- sissippi State line, near Meridian, to Waubatchie, Tenn., a distance of 272 miles ; but ' the company received lands in Alabama only.

It appears that these two roads have been erroneously treated by this office in former years (when certifying the lands), as one, and in adjusting the grants sepa- rately an excess is shown dpon the Wills Valley portion, or that east of Gadsden.

The facts relative to this excess are set forth in office letter of December 19, 1888, forwarding the answer of the company to the rule laid under the act of March 3, 1887 (24 Stat., 556), to recover the same.

The only selections pending, on account of either of these grants, are such as havo been excluded iirom the selection lists in preparing clear lists for approval, and amount to about 9,000 acres.

The majority of these are opposite the Wills Valley portion of the road, and, if free of conflict, could not (\f the grants are to be treated as separate) be listed for ap- proval on account of tne excess in approvals heretofore made opposite the same.

Herewith is appended a statement of the adjustment of these grants, separately.

KA8T OF GADSDEN.

fVilU Valley Bailroad {now Alabama and Chattanooga Railroad Company).

Acres.

Whole area of grant 201,888.01

Deduct on account of contemporaneous grants 33, 315. 98

Net area of grant 168,572.03

Acres.

Approved in 6-mile limits 114,211.87

Vacant and subject to grant 519.86

114,731.73

Net loss to grant 53,840.30

Approved as indemnity 125,894.58

Excess approval 72,0.54.28

Digitized by VjOOQIC

200 REPORT OP COMMISSIONER OF GENERAL LAND OFFICE.

WEST OF GADSDEN.

Northeast and Southwest Railroad Company {noiv Alabama and Chattanooga Bailroad).

Acres.

Whole ares 715,659.37

Deduct on accoant of contemporaneous grants 51. 537. 78

Net area of grant...' 664,121.59

Acres.

Approved in 6-mile limits 139,836.47

Approved to other roads 358. 67

Vacant and selected 681.58 .

140,876.72

Net loss to grant 523,244.87

Approved as indemnity 237,584.05

Due as indemnity - 285,660.82

[Chicago, Milwaakee and St. Paul (Iowa). May 10, 1880.]

In compliance with instructions contained in departmental circular of November 2, 1887, issued under the act of March 3, 1887 (24 Stat., 556), I have adjusted the graut to the State of Iowa by act of May 12, 1864 (13 Stat., 72), to aid in the con- struction of a railroad from a point at or near the foot of Main street, South Mc- Gregor, in a westerly direction to an intersection, in O'Brien county, with a road from Sioux city to the south line of the State of Minnesota, for which a grant was made by the same act. The jprant was of every alternate section of land designated by odd numbers for ten sections in width on each side of the road, with a provision for indemnity for losses within the grant in place, to be taken from the public lands nearest the tiers of granted sections, and not more than 20 miles from the line of the road.

The State accepted the grant April 20, 1866, and the road has been completed and accepted by the department. See decision of Secretary Schurz of April 9, 1880.

The line of the road was definitely located from McGregor to sea 12, T. 95 N., R. 35 W., August 30, 1864 ; fVom the latter point to sec. 18, T. 96 N., R. Z^ W.. January 27, 1869 ; and from theuce to a connection jeith the Sioux City and St. Paul railroad at Sheldon, In O'Brien County, as required by the granting act, September 2, 1869.

The present owner nnder the grant is the Chicago, Milwaukee and St. Paul Railway Company.

The grant was of every alternate section of land designated by odd nnmbers within prescribed limits, and was therefore a grant in place. The origiual grantee of the State was the McGregor Western Railroad Company, and said company built the road from McGregor to Calmar ; but that company having failed to perform the con- ditions prescribed by the granting act, the State, on February 27, 1868, as authorized by the Congressional grant (fourth section), resumed the grant, and on March 31 ensuing conferred it upon the McGregor and Sioux City Company ; but provided that the ^ant should not be so construed as to embrace any lands tor or on account of any railroad already built; and the act required as a condition of the grant that the company should procure and file with the secretary of the Stato of Iowa a full, absolute, and effective waiver, release, and surrender of all claim, right, or interest, or any pret<ended claim, right, or interest, by the McGregor Western Company, its successors or assigns, in or to any lands nnder the act of May 12, 1864, for or on account of any railroad already built.

The waiver, release, and surrender, as aforesaid, were subsequently obtained by the McGregor and Sioux City, afterwards the McGregor and Missouri River, Company, and filed as required.

The present owner of the grant, under an act of the Stat« legislature approved February 27, 1878, became owner by purchase from the McGregor Western Company of that portion of the road between McGregor and Calmar. Certain transportation over this part of the road for the quartermaster's department of the army having been performed, the quartormaster-general demanded a rebate from the charges, on* the ground that the road was a land-grant road. The company denied that it was a land-grant road, and the matter having been presented to the Attorney-General he, on July 14. 1871 (13 Atty. Gen., 445\ delivered an opinion that the road between McGregor andf Calmar was not a land-grant road.

The area of the gi'ant, that is of the odd-numbered sections within the 20-mile limits, between McGregor and Calmar, is 238,832.89 acres, and the area of that por- tion thereof between Calmar and Sheldon, the western terr?inns, is 1,315,964.26 acres.

Digitized by VjOOQIC

RAILROADS. 201

The grant is deoreased by a moiety of the lands lying within the common 10-miie limits of this road and the Sioux City and St. Paul road, wbioh is 35,667.04 acres. As- suming that the company is not entitled to any land east of Calmar, the net area of the grant would be 1,280,297.22 acres. There have been patented to the company within the granted limits 170,115.12 acres ; awarded to company by the court in its contest with the Sioux City and St. Paul Company, 5d,340.94 acres ; vacant and subject to the grant, 2,074.18 acres; selected by the company, 459..')0 acres; and declaratory stat|e- ments on land otherwise vacant, 4,182.78 acres; making 235,172.32 acres, and leaving a net loss to the grant within the granted limits of 1,045,124.90 acres.

Within the indemnity limit-s there have been patented to the company 153,724.89 acr^B^nd awarded to it by the court in the contest aforesaid 21,094.46 acres, making 174,899.85 acres, and leaving a balance due the company as indemnity of 870,225.55 acres.

As to the lands which are charged vacant and subject to the grant, it is probable that the acreage given is not now correct, as this adjustment was made up some time ajgo ; but it is not thought necessary to make a re-examination of the grant at this time, as it will not affect the question under consideration, there being so large a de- ficiency in the company's grant

A list of the lands which, under the present rulings of the department, would appear to have been excepted from the company's grant, and therefore erroneously patented, was prepared and sent to H.6 . Haugau. land commissioner of the company, accom- panied by a letter dated February 16, 1889, calling upon him to show cause in writing within thii-ty days why proper steps should not be taken by the government to re- cover the title in accordance with the requirements of the act of March 3, 1887.

Answer to the rule was made by John W. Cary, general counsel for the company, and therein, after giving other reasons why the rule should be dismissed, he states that all of the lands which have not been reconveyed to the State have been sold and conveyed to other persons. ^

A copy of the list of lands submitted to the company is inclosed herewith, marked A.

It will be observed that the most of these lands are held to have been erroneously patented to the company for the reason that they were, at the time of the definite loca- tion of the road, covered by unadjudicated swamp selections, and were thereby ex- cepted from the grant.

This is a department ruling, and this office has no knowledge of any ruling by the Supreme Court of the United States determining this question. As the act of March 3, 1887, requires that these grants must be adjusted in accordance with the decisions of the Supreme Court, this office prefers to express no opinion as to whethej: steps should be taken for the recovery of said lands, but prefers to leave the question to the determination of. the department.

As to the tmcts covered by pre-emption filings, the records show that they were offered some four years before the company's right attached and all the filings had expired by limitation prior thereto. As there are no adverse claimants for the lands I do i;ot think it incumbent upon thd government to take any steps looking to the recovery of title thereto.

As to the tracts covered by homestead entries of record, and uncanceled at the date of the definite location of the road, it is the opinion of this office that it is the duty of this department to take the proper steps for their recovery.

The papers submitted are as follows :

Ljst of lands erroneously certified, marked A.

Sheet showing the adjustment of iihe grant, marked B.

Copy of office letter of February lo, iSnd^ calling upon the land commissioner of the company to show cause, etc., marked C.

Reply of the general attorney of the company, marked D.

[CooB Bay military wajcon-road, Janaary 13,1888.]

As directed by department circular of November 22 last, I have adjusted the grant for the Coos Bay wagon-road in Oregon, and herewith submit the same for your con- sideration and action.

By act of Congress approved March 3, 1869, there was granted to the State of Oregon, ''to 'aid in the construction of a military wagon-road from the navigable waters of Coos bay to Rosebnrg, alternate sections of public lands designated by odd numbers, to the extent of three sections in width on each side of said road," and the fourth section of said act provided for indemnity for losses withiu the 3 mile limits, to be taken within an additional territory not more than 6 miles from the line of the road.

The fifth section of the act prescribed the conditions upon which the granted lands were to be disposed of, and provided that the amount of lands granted should uut ex- ceed three sections per mile for each mile of road actually constnicted.

The act of June 18, 1874 (18 Stat., 80), provided for the issue of patents for the lands

Digitized by VjOOQIC

202 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

to which the State was entitled nnder the grant of 1869 to the wafon-road oompanyv as a corporation to which the State had transferred its interests therein.

The governor of Oregon, on Septemher 19, lb72» certified to the construction of the completed road from Coos bay to Rosebnrg, a distance of 62 miles and 41 chains.

The whole area of the grant, as determined by careful examination, is 99,819.35 acres.

There have been certified and patented under the grant, in the 3 mile limits, 59,869.91 acres, and 6,169.34 acres in said limits remain vacant and subject to selection and

Eatent, making 66,039.25 acres apparently subject to the grant within the primary mits.

There have been certified and patented to the company, as indemnity lands, 44,139.30 acres, making in all 110,178.55 acres, or an apparent excess of 10,359.20 acres over the amount the company is entitled to.

Of the certified lauds, however, 30,044.46 acres are within the primary or granted limits of the prior grant to the Oregon Central, now Oregon and California Railroad Company, by act of July 25, 1866, and were certified under a department ruling that prior definite location by the wagon road company gave prior right to the land. The Sapreme Court of the United States has since deoid^ that said ruling was erroneous, and that priority of date of the act of Congress, and not priority of location of the line of the road, gave priority of right. (M., K. &^ T. R. R. Co. V8, Kans. Pac. R. R. Co., 97 U. S., 501 ; St. Paul & S. C. K. R. Co. vs. Winona & St. Peter Co., 112 U. 8., 729.}

Of this 30,044.46 acres, 19,835.43 acres are within the primary limits of the wagon road grant, and are particularly described in list herewith, marked ''List No. 1 ;" and 10,209.03 acres are within the secondary or indemnity limits of the wagon mad grant, and particularly described in list inclosed, marked ''List No. 2.'^

Again, there have been certified and patented for the wagon road company 1,099.59 acres outside the limits of its grant, which are embraced in list herewith, marked "List No. 3;'' and these lands, with those mentioned above as being within the granted limits of the Oregon and California road, aggregate 31,144.05 acres, which must, in the opinion of this office, be surrendered by or recovered from the company; and if so surrendered, or recovered, there would be a deficiency of 20,748.85 acres due the company.

As to the lands in list No. 3, which are outside the limits of the grant to the com- pany, I would respectfully recommend that proper steps be taken to recover them by suit.

I do not think the government is called upon to take any action looking to the recovery of the lands embraced in lists 1 and 2 aforesaid.

The president of the wagon-road company has been called on to reconvey the 1,099.59 acres contained in said list 3, and has replied in a letter dated July 13 last that he is unable to do so for the reason that the company has sold them. A copy of naid letter is inclosed herewith, marked A.

RIGHT OF WAY TO RAILROADS.

The whole oamber of railroad companies claiming the right of way over the pablic lands, under the general right of way act approved March 3, 1875, or special act, is 360, of which the articles of incorpora- tion filed by thirty-six companies were approved daring the last year.

Of the maps of location' Qled by these companies daring the last year, it was necessary to return a large number for failure on the part of the companies to strictly conform to the prescribed forms of certifl- cat*i and affidavit required to be attached to such maps, thus greatly increasing the work of the division incident to this branch.

It has come to the attention of this office that, in one instance, a log- ging company secured the approvals of its articles of incorporation and maps of location, and used timber from the public lands for the con- structipn of its road, which was operated merely for the transportation of the company's logs and freight, and not intended as a common car- rier, as contemplated by the act of March 3, 1875, under which the right of way was claimed; and, upon the opinion of the Attorney-General, under the direction of the Secretary of the Interior, steps have been taken to secure the revocation of such approvals.

Digitized by VjOOQIC

RAILROADS.

203

«P

Bight of way granted to railt^y companies in certain Statee and Ten*itones. [* IndloatM that the company was organised during the paat year.]

Name of company.

Statee and Territoriea. i Date of law.

Aberdeen, Fergnt Falls and Pierre R. B

Arisona Mineral Belt B. R '

Arisona Karrow Qange and Tncaon, Globe and i

Northern R. R.

Ariaona and Nevada R. R. and Kavigation Co

Arizona Northern Ry !

Arizona and Sonth Raatern RR*

Arizona Southern R.R |

Arkansas Valley and New Mexico I

Ark ansae Valley Ry

Aspen Short Line Ry i

Baker'aPark and Lower Animas R. R i

Bamesrille and MoorheadRy j

Bear Botte and DeadwoodRy |

Beaver Valley R. B. Co

Belllnjrham Bay Ry. and Navigation Co

Big Horn Southern B. B i

BfUings, Clarke's Fork and Cooke City B. B i

Blnj^ham, Caflon and Camp Floyd I

Black HUla Central B.B. Co."

Black Hills and Fort Pierre B. B

Black Hills B.R. Co. No. 1

Black Hilla and Wyoming B. B

Bine Mountain and Columbia Biver B. B

Bodie and Benton By. and Commercial

BodieRy. and Lumber Co

Boulder. Left Hand and Middle Park B. B. and Tel.

Co.

Bridal YeU Lumbering B. R.Co.*

Burlington and Colorado R. R

Burlington, Kansas and Southwestern, now Southern

Kansas Ry.

California Central Ry

California Short Line By

California Southern B.K

California Southern Extension R. R

Cafion City and San Juan Ry

Canyon Creek R.R. Co

Cafion de Agua R.R

Carbon Cutt Off Ry

Carson and Colorado R.R

Carson and Colorado R. R., second and third division

Cascade Coal and Lumber Co

Caaseltou Bi-anch R.R.C0

Cedar Rapids, Iowa Falls and North Western Ry.

No. 1. Cedar Rapids, Iowa Falls and North Western No. 2. .

Central City. Desdwood and Bast em R. R

Central Pacific, now California and Oregon

Cheyenne and Burlington B.R

DakoU Mar. 3,1875

Arisona do

do do

do do

do do

do do

... do , do

Colorado do

...do Jone22,1874

...do Mar. 3, 1875

do do

Minnesota do

DakoU do

Kansas 1 do

Washington do

Montana ' do

do I do

Utah I do

Dakota ....do

d'» , do

do ...do

...do do

Oregon do

California ,....do

do I do

Colorado do

Oregon do .

Colorado do .

- do.

Ckeyenneand Northern Ry

Chicago and Dakota Ry...1

Chicago, Kansas and Nebraska Ry

Chicago. Kansas and Western R.R

Chicago, Milwaukee and St, Paul Ry

Chicago and North Western Ry., successor to Meno- minee River Ry. Chicago, Hock Island and Colorado Ry.

Chicago, St. Panl, Minneapolis and Omaha Ry. No. 1. . Chicago, St. Paul, Minneapolis and Omaha Ry. No. 2 . .

Chicooa Canon Ry. Ca *

Cfaoctow Coal and Ry. Co.*

Clifton and Lordsburff Ry

Cliiion and Southern Pacific Ry

CcBur d' Alene Ry. and Navigation Co

Colorado CenUal R. R

Colorado Central R.R.of Wyoming

Colorado Midland Rv

Colorado and New Mexico R.R

Colorado ^Northern Ry

Colorado Ry

Colorado River and Silver District R. R

Colorado Soot h Western Ry. Co

Colorado and Utah Ry.Oo

Colorado Utah and PacifieRv.*

Colorado Western R. R. of California ,

California do

Utah i....do .

Califomia do .

do do .

Colorado , do .

Idaho do .

Colorado do.

Wtoming do .

Calitomla and Nevada. . , do .

Nevadlk do .

Oregon do .

Dakota do .

Iowa do.

Minnesota do.

Dakota - do.

Califomia do.

Colorado and Wyom- do .

ing.

Wyoming do .

Dakota do.

Kansas *. do .

do do .

Dakota ....do.

Michigan do .

Colorado do.

Dakota do.

Wisconsin do .

Colorado do.

Kansas do .

New Mexico do.

Arizona do .

Idaho do.

Colorado ..do.

Wyoming do .

Colorado do .

do do .

do do .

do do .

Arizona do .

Colorado <lo .

....do do .

do do .

...do do .

•;

1^

QO

1 ^

18

482

18

482

18

482

18

i 482

18

1482

18

: 482

18

, 482

18

! 482

18

274

J8

482

18

482

18

482

18 i 482

18

482

18

482

18

482

18

482

18

482

18

'482

18

482

18

482

18

482

18

482

18

482

18

482

18

482

18

482

18

482

18 1 482

18

482

18

482

18

482

18

482

18

482

18

482

18

482

18

482

18

482

18

482

18

482

18

482

18

482

18

482

18

489

18

482

18

482

18

482

18

482

18

482

1-*

482

18

482

18

482

18

482

18

482

18

482

18

482

]8

482

18

482

18 '

482

18

482

18 '

482

18

482

18

482

18

483

18

482

18

482

18

482

18

482

18 ,

482

18 '

482

18 482

Digitized by VjOOQIC

204 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

Eight of way granted to railway oompaniea in certain* States and Territories Continued. [* Indicates that the company was organized dnring the past year.]

Xaroe of company.

States and Territories. ' Date of law. S

! l5

-|-

Colorado and Wyoming R. R * Colorado i Mar. 8, 1875

Columbia and Palouse R.E ' Washington do

Columbia and Paget Sound R. R |.-..do ! .. do

Cortez and Dolores Valley R. R ; Colorado .....do

Current River R R Co Missouri I do

DakoU Central Ry DakoU .; .-do

Dakota Grand Trunk Ry do June 1,1872

Dakota and Great Southern Ry '....do Mar. 3,1875

Dakota Midland R.R., now EUendale and Wahpe- 1 do ; do

ton. I I

Dakota R. R of Dakota i....do |.

DakoU Southern R R I... .do !.

Deadwood Central R R. Co ' do

Deadwood and Red Water Valley R R , do I.

Doming, Sierre Madra and Pacific R. R , >' New M^oo

DeDTor and Canon City Ry -^ ' ^

Denver, LeadvlUe and Gunnison Ry.*

Denver and Middle Pork Ry. and Mining Co .... Denver and New Orleans IBLR

do. .do. do. .do. .do.

Denver and Rio Grande Ry

Denver and Rio Grande R. R Co., successor to Den ver and Rio Grande Ry.

Denver and Rio Grande western Ry i Colorado and Utah

Denver, Rollins ville and Western R R Colorado

Denver, Salt Lake and Western R R do

Denver and Santa F6 Ry t ..1 do

Denver Short Line Ry. * do

Denver Southern Ry ' do

Denver, South Park and Leadville do

Denver, South Park and Pacific RR do

Denver, Texas and Fort Worth RR

Colorado I -. do ;

...do ;....do !

.. do I do 1

...do ' ...do.. I

il June 8; 1872 j Mar. 3, 1876 I Mar. S. 1879 I ...do : Mar. 8,1876 ,

.do., .do., .do., do., .do., .do., .do., .do . .do..

18 . 482

18 482

18 482

18 482

18

18 482

17 202

18 4£e 18 4S1

18 482

18 482

18 482

18 : 482

18 482

18 ; 482

18 482

18 482

18 I 482

17 337

18 482 10 403 18 482

18 482 18 482 18 482

482 482

Denver, UUh and Pacific RR

Denver, Western and Pacific R v

Denver, Yellowstone and Pacific Ry

DeMort Railway Co

Detroit, Mackinac and Marquette, nowDnlut)i, South

Shore and Atlantic Rv.

Drummoudand Phillipsbnrg R. R

Doluth and Iron Range R.R

Dniuth and Manitoba R.R

Duluth, Pierre and Black Hilla R R

Duhith, Superior and Michigan Ry., now Duluth, Michigan . .

South Shore and Atlantic Ry.

Duluth, Watertown and Pacific Ry Dakota .

Dnnseith and Southeastern R. R do. ...

Durango, Cortez and SaltLakeRR. , Colorado...

Durango Railway Co do

Durango. Rico and Northern Ry. * | do

Eastern Railway of Minnesota Minnesota

Eastern Wvoming R.R i Wyoming.

Echo and Park City R.R I Utah

Elk Mountain ^y.Oo i Colorado

Colorado and New Mex- ico.

Colorado ...do

.. do do

...do I do

Utah ....do

Michigan do

Montana do

Minnesota do.

Dakota ...do.

Dakota and Minnesota . . ' do .

do.

do. do. do. do. do. do . do. do. do.

Dakota . . do .

18 482

18 482

18 482

18 > 482

18 , 482 18 482 18 ; 482 18 I 482 18 482

18 482 18 , 482 18 ' 482 18 I 482 18 440

18 482 18 482 18 482 18 482 18 I 482 18 482 18 I 482 18 . 482 18 i 482 18 482

E II t-ndale. East and West, now Dakota Midland R. R

EUendale and Wahpeton, successor tu Dakota Mid- , do , do ' 18 ' 482

laud R R '

Eureka and Colorado River R.R ' Colorado do .

Eureka and Pali8ndeR.R Nevada do .

Eureka Springs Ry i Arkansas do .

EvHnston and Montana R.R ; Wyoming > do .

Fairliaven and Southern R.R* Washington ,... do .

Fareo, Larlmore and Northern Ry ' Dakota do

Fargo and Southern Ry do do .

Far^oand South vrestem RR i do do .

Fanners Rt. Navigation and Steamship Portage Co . Washington do .

Floiida Southern Ry i Florida do .

Fun-atCity and Sioux City R.R.* Dakota do .

Forest City and Watertown R.R ....do do .

Fremont, Elkhom and Missouri Valley R.R Nebraska ....do .

Oeorgetown, Breckenridge and Leadville Ry Colorado .. do.

Georgetown, Silver Creek and Chicago Lakes Ry* do do .

Grand Island and Northern Wyoming R.R , Wyoming do .

Grand Inland and Wyoming Central R. R Nebraska do .

Grand Vallev Railway Co Colorado | do.

Grays Peak. Snake River and LeadvilleRR do vdo .

' 18 482

; 18 ; 482

< 18 482

; 18 482

18 I 482

I 18 482

' 18 I 482

18 482

18 ' 482

I 18 482

18 482

I 18 482

, 18 482

18 482

18 482

, 18 i 482

' 18 482

18 482

18 ' 482

Digitized by VjOOQIC

RAILROADS.

205

Ri4fkt of way granted to railway oompanUs in certain States and 2VrHfori««.— Continued. {* Indicates that the company was orgaoised daring the past year.]

Xame of company.

Great SonthernR.R

(rreeley, Bear River and Pacific R. B

Greeley, Grand Raver and Gonnison R. R . Greeley. Salt Lake and Pacific Ry .

Grpeley, Salt Lake and Pacific Ry., Wyoming

Helena, Boulder Valley and Butte R. R

Helena and Jefferson County R. R

Helena and Northern Ry.Co

Helena and Red Moantain R. R

Hermosa Hiil City and Western R.R

Idaho Cen iral Ry. Co

Idaho. CLearwater and Montana Transportation Co..

Iron Rivfrr Ry.Co

Jacksonville, Pensaoola and Mobile R. R

Jacksonville, St Augustine and Halifax River Ry . . .

James River Valley R. R

Jamestown and Northern Ry

Jamestown and Northern Ry. Extension Go. "

Kansas Central R R Co

Kansas City, Fort Smith and Southern Ry. *

Kansas City, Springfield and Memphis R. R

La Jara, Pagosa Springs and Western R. R.*

La Plata R. a Co.* ^

Laramie, North Parke and Pacific R. R. and TeL Co.

Lincoln and Black flUls R. R

Lincoln, Denver and Colorado Ry

Little Book Cliff Ry.Co.''

Little Rock and Hot Springs Rv

Little Rook Junction Ry

London. South Park and Leadville R. R

Lonsmont, Middle Park and Pacific N. G. Ry

LoaUville, New Orleans and Texas Ry

Louisiana Western R. R. Co

Hanitoa and Pike's Peak Ry*

Maricopa and Phcenix RR

MenomineeRy

Menominee River R.R., now Chicago and North Western Ry.

Milwaukee, Lake Shore and Western Ry

Milwaukee and Northern R.R

Minneapolis, Sault Sto. Marie and Atlantic Ry

Minneapolis and St. Clond R.R

Minnesota and Dakota Ry

Missonla and Bitter Root Valley R. R

Missouri and Arkansas R.R

Missouri. Arkansas and Southern Ry

Missouri River, North Platte and Denver Ry*

Mobile, Jackson and E:an8a8 City R.R.

Monamh Pass, Gunnison and Dolores Ry

Montana Ry

Montana Central Ry

Mt. Carbon, Gunnison and Lake City R. R

Natchea, Red River and Texas R.R

Nebraska and Colorado R. R

Kehraska snd Western Ry

Nevada, Cnlifomia and Oregon Ry

Nevada Central Ry

Nevada Midknd R. R

Nevada Southern Ry. , first division

New Mexican R. R

New Mexico and Arizona R. R

New Mexico and Southern Pacific R. R

New Orleans and Noi theastem Ry

Northern Pacific and Cascade R.'R

Northern Pacific, Fersus and Black Hills R. R

Northern Pacific, La Monrie and Missouri River R. R

Northern Pacific and Montana R.R

North Park and Grand River R.R

CO ,

Oakley and Colby Ry

Ogden and Cache Valley Ry. Co*

Ogden and Wyon:ing Ry

Omaha and Elkhom Valley Rv

(hDaha,Niobraraand Black Hills R.R

Omaha and Republican Valley R. R

Ontonagon ancf Brule River li. R.

Ordway, Bismarck fkuH Northwestern Ry., now

known as Ab« rdeen, Bismarck and Northwestern

Kv.Co.

Wisconsin do .

Michigan do .

Wis«onsin do.

Minnesota do

Minnesota and Dakota do .

Montana do .

Missouri do .

Arkansas do .

Nebraska do .

Alabama do.

Colorado do .

Montana do .

do do.

Colorado do .

Louisiana do .

Nebraska do .

do do .

Nevada do .

... do do .

do do .

.-- do .do.

New Mexico do .

Arizona do .

New Mexico do.

Mississippi do .

Washington do.

Dakota do .

do do.

Montana do.

Colorado do.

Kansas do .

Utah do .

. . . do do ....

Nebraska do . ..

do .|... do . ...

...do ' do....

Michigan do

Dakota do

June 7, 1872 Mar. 3,1876 do

Florida Mar. 3,1876

Colorado do

.. do do

Colorado and Utah do

Wyoming do

Montana do

...do ; do

...do ' do

..do I .. do

DakoU ...do

Idaho ...do

..do do

Michigan | do

Florida and Alabama do

Florida

Dakota

...do

...do

Kansas

. do

Missouri

Colorado

...do.

Wyoming

Nebraska

Colorado

..do

Arkanaas

.. do

Colorado

... do

Mississippi

Louisiana

Colorado

Arizona

Wisconsin

Minnesota

do- do .

.do. do. do.

.do.

..do.

..do.

..do.

..do.

..do.

..do.

..do.

..do.

..do.

..do.

..do.

..do.

..do.

..do.

I

18 482

18 I 482 L8 j 482 482 482

L8 482 .8 ; 482 18 482 8

482 482 482 ' 483 482 ,7 280 18 482 8 482 B 482 482 8 i 482 482 482

482

482 482 482 482 482 482 482 482 482 482

I 482

482

481

482

482.

482

482

482

482

.8 I

^ ! 482

482 «,482

8 If82

482

8 8 8 .8 8 .8

i I 482 8 48S 482 482 4R2

482 482 482 482 482 482 482

482 482 482 482 482

8 482

8 I 482

o . 482 8 '482

8 I 482

8 482

o 482

8 482

Digitized by VjOOQIC

206 REPORT OP COMMISSIONER OF GENERAL LAND OFFICE.

Sight of way granted to railway oompaniea in certain States and Territories. Continaed, [* Indicates that the oompaoy was organised daring the past year.]

Name of company.

Oregon Railway Extension Co

Oregon Railway and Navigation Co

Ore)£on Short Line Ry

Oregon and Wanhington Territory R. R

Oroville and Beckworth R. R

Oxford and Kansas R. R

Pensacolaand Lonisville R. R

Pensacolaand Mobile R.R

People's Ry. Co. of America

Pike's Peak Ry . and Improvement Co

Palatkaand Indian River Ry

Platte Valley and Sweetwater Ry *

Pleasant Valley Branch Utah Central

Port Discovery Quillayoute and Olympia R. R*

Portland, Lower Colnmbia and Eastern Washington

R.R.*

Prescott and Arizona Central Ry

Princeton and Western Ry

Piospeot Hill Co

Pueblo and Arkansas Vally R. R

Pneblo,GanniBonandPaolfloR.R.4.

Pueblo and Salt Lake Ry., now merged in Pueblo and

Arkansas Valley R. R-

Pueblo and Silver Cliff Ry

Pueblo and State Line R. R

Paget Sound and ChehalisR.R..

Pnget Sound and Gray's Harbor R. R. and Trans. Co .

Pnuet Sound, Skagit and Eastern Ry

Puyallup Vnlley Ry

R«pid City, Harney's Peak and Southwestern R. R*.

Red River and Lake of the Woods Ry

Republican Valley R. R

Republican Valley and Wyoming R.R

Rio Grande Junction Ry*

Rio Uraiide, Mexico and Pacific R. R *.

States and Territories.

Rio Grande Soatheiu R. R*.

Rio Grande Western Ry,, suocessora to Denver and

Kio Grande Western Ry.*

Road Cafion R. R Co *

Rooky Fork and Cooke City Ry

'Rocky Mountain R. R .

Rosebnrgand Port Orford R. R

Sanborn. CpoperHiwu and Turtle Mount R. R

Salmon Creek R. R. Co

San KranciHOo and Oregon Shore R. R

San Joaquin and Mount Diablo R.R

SanJuatiuin Valley and Tosemlte R.R

San Pablo and Tulare Extension R R

San Pete Valley R. R

Salt Lake and Eastern Railroad Co*

Salt Lake and Eastern Ry ,

Salt Lake and Fort Douelass R. R

Salt Lake, Nevada and California Ry

Salt Lake aud Park City Ry

Salt Lake Valley and Eastern Ry

S»lt Ukeand WesternRy

Do

SatsopRR.Co

SsAttle, Lake Shore and Eastern Ry

Seattle and WestCoast Ry

Seattle and Walla Walla R. R

Sevier Valley Ry

Shingle Springs and Plaoerville R. R

Sierra Valley and Mohawk R. R ,

SiherCliffby

Silver City, Doming and Pacific R.R

Silver Springs, Ooala and Gulf R. R

Siiverion R. R. Co

Snohomish, Sky humish and Palouse Ry. and Trans.

Co.*

South Dakota Western R.R*

South Pacific Coast R.R

Southern Kansas Rv

Southern Kansas and Panhandle R.R

Soutbem Kansas and Western R.R

Southern Pacific R.R of Arlsona

Southern Pacific R.R. of California

Oregon Mar. 3,1876

...do do

do do

Washington do

California , do

Kansas I -. do

Florida and Alabama . . . ! June 8, 1872

Alabama ! Mar. 8,1875

Indiana I do

Date of law.

Colorado.

Florida

Wyoming

Utah

Washington . do

Arisona ... Wisconsin .

Oregon

Colorado...

...do

...do

...do

...do

Washington .,

....do

... do

...do

Dakota

Minnesota....

Nebraska

. do

Colorado

New Mexico..

Colorado

...do ,

... do

Montana.....

...do

Oregon

Dakota

California

...do

...do

....do

...do

Utah

....do

...do

....do

...do

. do

...do

Nevada

Utah

Washington .

...do..:

...do

. ..do

Utah

California ....

do

Colorado

Nhw Mexico..

Florida

Colorado

Washington .

Dakota.... Calil'omia . Kansas ....

...do

do

Arizona ... California..

do.

do.

do.

do .do. .do.

.do . do. .do. .do. .do. .do.

.do. .do.

do. .do. . do. .do. .do.

do .do. .do. .do . .do. .do. .do.

...do

...do

...do

..do

...do

...do

...do

Aug. 4, 1852 Mar. 8, 1875

.. do

...do

...do

...do

...do

...do

...do

.. do

...do

...do

...do

...do

...do

...do

.. do

...do

...do

..do

...do

...do

...do

...do

.do. ..do. .do. ..do. do. ..do. ..do.

18

18

18

18

18

18

18

18

18

18

18

18

18

! 18 482 I 18 482

18 18 18 18 1& 18

18 18 18 18 18 18 18 18 18 18 18 18 18 18

18 18 18 18 18 18 18 10 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18

18 18 18 18 18 18 18

Digitized by VjOOQIC

RAILROADS.

207

Bight of waff granted to railway companies in certain States and Territories -^Continueil. [* Indicates that the oompany waa orsanised daring the past year.]

Name of compaoy.

States sad Territories.

Date of ]aw.

Sontheni Paoiflo R. R. of New Mexico.

Spanish Range Ry

Springfleld and Memphis R. R

Springilf Id and Soatbem Ry

Spokane Falls and Idaho R. R

Spokane Falls and Northern ^y

Spokane and Palonst^Ry

State Line and DenTer Ry. Co .

St. Angnstlne and South Beach Ry j

St.Cloadand Lake Traverse Ry

St Louis. Wichita and WestomRy '

St. Psol, Black Hills and Pacific Ry. ;

St. Paul and Dakota R. R., now Worthington and ;

Sionz Falls.

St. Paul Minneapolis and Manitoba Ry I

St. Paul snd Northern Pacific Ry. Co. *

St. Paul and Sioux City Ry

St.yrainR.R.Co '

Summit Conn ty R. R. , now Echo and Park City |

Sommlt County Ry. and Trans. Co., now Wyoming,

Salt Lake and California.

Taooma, Sllensbnrg and Concnlly R. R '

Tacoma, Ortlog ana Southeastern R.R i

Texas, SanU K6 and Northern R. R <

The Aspinand Western Ry

The Central Washington B. B

The Trinidad and Denver R.R |

The Utah Ry

Travare and Jamestown R. R

Tucson and Gulf of California R. R. Uinta Coal R.R. Co.

New Mexico . Colorado. Arkansas

Missouri

Idaho

Washington .

do

Colorado

Florida

Minnesota. . .

Kansas

Dakota

...do

...do

Minnesota . Dakota.... Colorado...

UUh

...do

Union Pacific, Denver and Gulf Ry.*

Union Pacific, Lincoln and Colorado Ry.* Union River Logging R. R Union Pacific and Westem Union Pacific

Upper Arkansas,

Utah Central R. R., now Ry

UtahBasfcemBy

Utah and Nevada R.R

ana Westem Colorado Ry and Westem Ry. of Wyon laa, San Joan and Pacific I

'oming . RhR ..

Washington .

...do

New Mexico.

Colorado

Washington..

Colorado

Utah

DakoU

Arizona

Wyoming ....

Colorado

Kansas

Washington . .

Colorado

Wyoming ...

Colorado

Utah

...do

...do

Utah and Northern By

Utah and Pleasant Valley B. B . . .

Utah Southern R. R

Utah Southern Extension B. B . . .

UUh Westem Bv

Utah and Wyoming B.B

Utah and Wyoming By

Utah and Wyoming Central

Walla WaUa and Ainsworth B. B .

Walla Walla and Columbia BiverB.B

Wasatch Iron and Coal Co

Wasatch and Jordan Vallev B. R

Washington and Idaho R. B

Washington Dalles B. B

Watertown and Lake Nampeeka By

Welch Mills and Centervillo R. R

West Florida and MobUe B. B

Wet Mountain Valley B. B

Wichita and Westem B.B

Willamette Vaney and Coast B.B

Willmar and Sioux Falls By

Winona, Alma and Northern By

Winters and Ukiah By

Wisconsin Central B.B

Wisconsin and Michigan R.R

Wisconsin, Sault Ste. Marie and Mackinac By.

Worthington and Sioux Falls B. B

Wyoming Central By

Wyoming and Eastern By

Wyoming Midland By Co

Wyoming, Montana and Pacific B.B

Wyoming Southern B. B. Co*

Wyoming and Westem By*

Yellow BiverB.B. Co....:. ,

...do

..do

...do

...do

...do

...do

...do

.. do

Washington .

Mar. 3, 1875 , 18

.do. .do. .do. .do. .do. .do. do. ..do. .do. .do. ..do. ..do.

;.do. ..do. do. .do . .do. .do.

.do.

Wyoming

Utah

Idaho and Washington

Washington

Dakota

Florida and Alabama . Colorado

Oregon

Dakota and Minnesota .

Wisconsin

California

Wisconsin

...do

Michigan

Dakota and Minnesota .

Wyoming

...do

...do

...do

...do

Utah

Florida

...do

.. do

...do

...do

....do

...do

...do

.. do

....do

...do

...do

...do

....do

....do

...do

....do

...do

....do

....do

June 90, 1878 Mar. 3,1878 Mar. 8.1875

....do

...do

....do

...do

... do

....do

....do

Mar. 8,1868 Mar. 8,1878 Mar. 8.1876 Mar. 8,1876

....do

... do

...do

...do

...do

...do

...do

....do

...do

...do

... do

...do

...do

... do

... do

...do

...do

...do

...do

...do

...do

... do

....do

18 .' 18 .' 18 . 18 . 18 . 18 . 18

18 .1 18

:;Ji

.; 18

.118 •I 18 .18 .. 18 . 18 . 18

. 18

.! 18

.. 18

. 18

. 18

.: 18

- 1*

.1 18

.1 18 . 18 . 18 .1 18 .1 18 .1 18 . 18 18 18 18 18 20 17 18 18 18 18 18 18 18 18 15 17 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 IR 18 18 18 18 18 18 18 18 18

482 488

488 488 488 488

482 482 482 482 482 482 488

482 482 482 482 482 482

482 48S

£

488 482 482 482 482 482 482 482 482 482 482 482 488

24 612 482 488 482 488 488 482 482 482 328 618 482 488 482 482 482 482 482 482 482 482 482 482 482 482 482 482 482 482 482 482 482 482 888 482 482

Digitized by VjOOQIC

208 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

CONSTRUCTION OF ROADS.

As to coDStruction of land ^rant railroads 40 miles have been re- ported for the fiscal year. The aggref^ate of construction to date as re- ported is 18,070.71 miles, distribated as follows :

States and Territories.

Miles.

states and Territories.

Alabama 901.43

A rkansas 602. 24

Arizona I 383.00

California 1,067.91

Colorado 298.60

Dakota I 410.98

Florida 792.62

Idaho - 90.00

Illinois 707.00 ,1

Indiana 241.35

Iowa 1,547.64

Kansas 1 1,485.65 !

Lonisiana 530.00 i

Michigan , 1.045.01

Minnesota... Mississippi ..

Missouri

Montana

Nebraska

Nevada

New Mexico .

Oregon

Utah

Washington . Wisconsin . . . Wyoming

Miles.

2,144.11 384.00 625.75 781.00 768.52 446.00 167.00 425.80 225.00 537.60 973.50 600.00

Total.

18,070.71

CERTIFICATION OP LANDS.

During the fiscal year there were certified and patented for railroad purposes 363,862.15 acres, a decrease as compared with the previous year of 61,183.87 acres.

No certifications or patents were made for canals or wagon-roads.

Eighteen railroad patents, coTering 108 pages of record, were issued.

The lists of selections awaiting examination or action at the close of the fiscal year covered 29,776,955.76 acres. The selections pending of railroads and wagon-roads are as follows :

Name of road.

Alabama and Chattanooga

Atlantic and Pacific in Misaoari.

Atlantic and Pacific in Arkansas

Atlantic and Pacific in Ariaona..

Atlantic and Pacific in New Mexico

Bnrliogton and Missouri Biver in Iowa

Cedar Rapids and Misaoari River. .

Central Branch Union Pacific

Central Pacific in California

Central Pacific in Nevada

Central Pacific in Utah

Central Pifcifio (formerly Western).

Central Pacific, Oregon Division

Chicago, Rock Island and Pacific . .

Chicago and Northwestern in Mich- igan

Chicago, St. Paul, Minneapolis and Omaha

Chicago. Milwaukee and St. Paul in Iowa

Chicago, St. Paul, Minneapoliii and Omuia (formerly West Wiscon* sin)

Oabngne and Sioux City

Des JMoines Valley

Flint and Pere Marquette

Farm Mortgage Land Company

Florida Railway and Navigation Company

Grand Rapids and Indiana

Hlastings and Dakota

Iowa Falls and Sioux City

Memphis and Little Rock

Mobile and Montgomery

Missouri, Kansas and Texas

Northern Pacific in Minnesota

Northern Pacific in Wisconsin

Northern Pacific in Dakota

10,857.2S I

2,402.60

5.166.29 i

1,825,534.66 I

886.216.30 I

89.09 ' 2,101.07 4.810.17 I

386.429.32 \\ 116,532.37 J

218.720.33 ; 5,749.34 I

424,012.26 ! 595.57 I

40.00 I

387,492.33 i

t| 903.62 i

80.00 ,

1,297.72 L

79.99 .

197.30 ,

466.62 {

358,670.63 ' 81.66 I 7,162.86 I. 73.64 ; 31,192.24 1,688.44 6,556.28 , 1 486.426.56 8,632.05 i 7,039,037.16 i

Name of road.

Acrea.

Northern Pacific in Montana

Northern Pacific in Idaho

4,606,543.61 123, 161. 91

Northern Pacific in Washington. .. New Orleans apd 'Psciflc.

7.256.220.02 416,098.47 267 667. 19

Oregon and California

895,004.21

Oregon Central

52, lis. 00

St. Louis, Iron Mountain and Southern in Arkansas

3,388.49 1, 046. 14

St. Louis, Iron Mountain and Southern in Missouri

St Paul, Minneapolis and Mani- toba, main line

176,515.59

149. 078. 38 1,414.13

St. Paul. Minneapolis and Mani- toba, St. Vincent Extension

St. Paul and Sioux

Sioux City and Pacific

1, 937. 79

SLPanl and Dnloth

627.82

South*)m Minnesota Extension.

Now the Chicago, Milwaukee and

StPaul

1,850.86

Southern Pacific, main line

Southern Pacific, branch line ..:... Union Pacific in Nebraska

809,281.45 458,791.40 139,425.39 107,778.09

Union Pacific in Utah

Union Pacific in Wyoming

Union Pacific Kansas division

Union Pacific in Colorado

Vicksburg, Shreveportand Pacific. Vioksburg and Meridian

1, 916. 11

1.616,289.70

80.088.12

10,887.14

L 296. 42

Winona and St. Peter

1. 141. 90

Wisconsin Central

68.S06.U

St.PaiU and Northern Pacific

Selma. Rome and Dalton , « . t ,

160.420.56 4,069.47

Total pending June 30, 1800

Total wagon-road, June 30, 1890

20.471.700.00 3U6.246.67

20. 776. 965. W

Digitized by VjOOQIC

RAILROADS. Wagon-^road teJeoHofu in Oregon,

209

Kameofroftd.

Oregoii Central MUitarv i^Md

Conrallis and Aqnina Bay

"Wfllamette Vall«*7 and Cascade Mountain

1>idlee MiUtary road

Coos Bay

Total ,

9405 L O 14

Acres.

51,420.17

160.00

188,371.48

68,0TO.85

1.816.17

806,248.07

Digitized by

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210

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REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

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214 BEPOKT OF COMMISSIONEB OF GENEBAL LAND OFFICE.

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BAILSOADS.

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216 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

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218 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

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RAILROADS. Statement exhibiting land conceseione, eie. Continned.

219

BBCAPITULATIOK.

States.

BAILBOADS.

jQlinoiB

Misniiisippi . Alitbama....

Florida

LonlftiAiui ... ArkanMui... UisMrari....

Iowa

Miohiffan... Wiaoonnin .. KiDoeaota .. KaosM

Total to States

Total to corporationa .

Total railroad irranta

Dodnot amount of land deolared forfeited by Congress .

Net total of grants.

WAOOir-BOADB.

Wisoonnin . Michigan .. Oregon ....

Total wagon-road grants.. Railroad g< ants

Total wagon-roads and railroad grants .

Certifled or pat- ented for toe year endine Jane 30, 1880.

Aoru,

80.00 "24,'7i6.*87

2i,875.87 338, 088. 28

368,863.16

Certifled or pat- ented up TO June 80, 1890.

Acre;

% 595, 068. 00 0S5,15&70 2,081,7811.69 1,764,412.08 1,078,406.47 S, 620, 073. 16 1,896.429.87 4, 7U9, 519. 69 3,229.010.84 3, 685, 127. 22 8,206,714.31 4, 637, 49a 67

87. 682, 176. 56 13.795,788.06

61,377.958.61 1,887. to

61,379,346.21

302, 080. 96

221.013.36

1,268,786 68

1,782,730.88 61,379.346.21

63,162,077.04

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220 REPORT OF COMMIS8IOKEB OF GENERAL LAND OFFICE.

In the annual report for tbe year ending Jane 30, 1888, pages 232 to 241, will be found a statement showing the date of filing of maps of location by land-grant railroad companies and the dates of withdrawals of lands made thereon. But one such map since that report has been filed, viz: Main line of the Southern Pacific railroad, about 20 miles westward from Huron, in the State pf California, withdrawal upon which was ordered by letter of April 15, 1890, addressed to the local officers at Visalia.

Statemmt exhihiting land oanoestiona by acts of Congress to States for eanal purposes flrom the year 1824 to June 30, lo90.

Ittdinna

00

Do

Do

Do

Do

Do

Ohio

Do

Dob(Beo.8)... Do

Do

Do

Do. (te& 6) Do. (sec. 8)...

minois . Do..

Witconiin .

Do

Do

Do.

Michigan . Do.... Do.... Do....

Do. Do. Do. Do.

lUr.S6,lR24 Mar. a, 1827 May 29, 1830 F«h. 27,1841 Auk. 98, 1842 Mar. 8.1846 May 9,1848

Mar. 2,1827 Jane 30, 1634 Aair. 81, 18.'>2 Mar. 2,1855

May 24,1828 Apr. 2. IfrH) May 24,1828 Aug. 81, 1852

Mar. 2,1827 Aug. 3,1854

JnDe18. 1838 Apr. 10, 1866 Mar. 1,1872

Mar. 7,1874

Aug. 26, 1862 Mar. 3, 1»65 July 3.186tt Apr. 10, 1869

Mar. 2,1871

Mar. 27, 1872

Mar. 3,1873

Jaly 3.1866

a

e

«

Sr

£

^

4

47

4

238

4

416

6

414

6

M2

6

781

9

219

4

286

4

716

10

143

10

634

4

805

4

893

4

806

10

143

4

284

10

341

6

246

14

30

17

32

18

20

10

35

13

610

14

81

16

65

16

699

17

44

17

627

14

80

Wabash and Erie .

1,457, 806. «•

> Wabash and Erie

Aot oonfirmlng oanal selections under acts of 1827 aod 1828 in the State of Ohia

I Miami and Dayton

General oanal parpo«es

Provision for setf lenient of daim of Ohio for canal lands under acts of 1827 and 1828.

) Canal to connect the waters of the Dlinois S river with those of Lake Michigan.

Milwankeeand Rock River

BreakwMter and Harbor Ship-Canal

Act extending the time for completion of

canal to Apr 1 10, lt^4. Act extending tbe time for completion of

canal to April 10, 1876.

St. Mary's Ship-canal

Portage Lake and Lake Superior Ship-Canal

do

Rpsolntion extending the time for comple- tion of canal to Mxroh 3, 1871.

Ro<4olatlon extending the time for completion of canal to March 3, 1872.

Act exiending the time for completion of cannl to March 3, 1873.

Act extending the time for completion of canal to December 1, 1873.

Lac La Bolle Ship-Caoal

234«24«.7t 29.652.60

250.866.48 24,219.88

796,680.1ft

113,848.28

266,686.00

888,826L00 600.000.00

1.100,861.09

290,915.00

125,431.00 9u0,000.00

325.431.00

750,000.00 200.000.00 200, 000. 00

100.000.00 li250i^0OO.0O

RECAPITULATION.

Indiana 1,4OT.366.06

Ohio 1,100.361.00

WiacoDsin 825,43LO0

Michigan 1.250,000.00

Uinoia 290,915.00

Total quantity granted and certified 4,424,073.06

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KAILBOADS. 221

Statement $Ki>wii^ number ofaores oertified under river-improvement grants.

SUtM.

Bate of laws.

1

1

Kame of river.

Total nnm*

berof aoree

f^rantedand

oertifled.

Alabama

Wiaoonaiii

May 23,1828

Aug. 8,1846 Mar. 2,1849 AufT. 8,1854 Mar. 8.1855 Jnne 9,1858 Mar. 12, 1867 Ang. 8,1846

4

9 9 10 10 11 15 9

290

88 852 845 724 313 20 77

rior. ' Fox and Wi8<M>nfiiB

400,016.19

688,802.48 322.892.18

(Joint TMomooii)

(Joint nMolution) Iowa

Dee Moinea, below the Baoooon Fork (a). . . . .

1,406,210.80

a For lands above Baoooon Fork, see raUroad table " Des Moines Valley.'

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G.— PKBEMPTION DIVISION.

In addition to the work growing out of the administration of the gen- eral laws grantiug pre-emption rights, and for the disposition of those public lands known as the OsHge Indian trnst and diminished reserve lands in Kansas, the Ute Indian lands in Colorado, and the 8ioux In- dian lands in the Dakotas and in Minnesota, the duties appertaining to the allowance of entries, and the surveying, platting, appraisement, and Sfile of land under the several townsite laws form not an incon- siderable portion of the work of this division, involving as they do, in addition to the above, the ordering of hearings between the townsite claimants and settlers under the agricultural laws, the deciding of such contests, and many of the contests that arise between the town-lot claimants. The plats and tract-books of town-lots are kept in this >di vision. The special townsite laws applicable to the Territory of Okla- homa were passed by Congress during the past year, and the necessary work ii) drawing the several instructions thereunder, as well as passing upon the construction of these special townsite laws, has been unusually heavy. Particular attention is called to the following special town- site circulars of instruction. While the principal part of the work of this division is the examination of entries allowed by the local officers; the amendments of filings and entries and the review of all appeals from the decisions of the local officers adverse to parties oftering proofs or adverse to applications to make pre emption filings is an Important branch of the work.

The beginning of the year ending June 30, 1890, found from three to four years' accumujation of work, owing to the fact that the clerical force of the division had been seriously crippled by the transfer of many of the experienced clerks to other divisions, leaving their places either unfilled or partially filled by inexperienced female clerks or male clerks of very low grade.

Owing to the vast accumulation of entries not reached for action and the many thousand cases which were suspended under the narrow and technical rules of 'the ''board of review" (which board was happily discontinued by the order of July 6, 1889), the correspondence during the past year has been very heavy. It became necessary, therefore, to direct the work with the view to relieve as speedily as possible the over, burdened suspended files and.^'to reduce the surplus" of accumulated cases, in a measure at least, so as to get abreast of the work. The great progress made toward that end will be shown by the following:

statement of work performed by the pre-emption division during the year ending June

30, 18ri0.

Casea pending June 30, 188i) *.... 88,754

Caaes received during the year *24, 0^

Disposed of daring the year : 112, 702

Approved for patent "48,526

Canceled or referred to other divisions , 270

48,79t>

Pending July 1, 1890 63,966

* Nnmber disposed of during year ending June 30, 1889, 14,753.

929

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PEE-EMPTION.

223

£xainioed and saspeiided 2,692

Notexamin©d 61,274

63,966

£ntries subjected to preliminary examiDation and suspension daring the

year A 7,117

Letters received during the year 16,592

Ltftters answered 5,H90

Letters filed, requiring no answers 8,644

Letters referred to other divisions 3,665

18,199

Undisposed of /. 393

Letters written during the year 16,097

Townsite entries received ^ 12

Townsite entries approved 13

Hearings ordered 27

Contests decided , , 1 53

Town-lot entries approved 361

The following table shows the namber of all pre-emption entries by classes in each State and Territory pending in division *^ G " on Jane 30, 1890:

Sns. pendod.

Not ex- amined.

1

1

Osage entries— Kansas

189

14,225 1

Alabama

4 38 9 1«3 2M 37 26

122 176

^riflona

ArkanfUkA

69 1

Califomia

4,913 1 11,781 127

Colorado

Florida

Idaho

431

Tpdiai^fi

ll

Iowa

Kftpsas

Loaistana

Hichijran

2 440 6 6 66 2

39 11»120 1' 41 ., 513

Minneaota

Missonri

664 ,

15

I Montana

Nebi-aska

Nevada

New Mexico

North Dakota

Oregon

Utah

South Dakota

Washington

Wiaconoin ...* t.

Wyoming ,

Sas- pended.

64

482 1 111 109 105

29 803

47

2

336

Not ex- amined.

365 9,193

2,593

Total not acted upon.

1,208

1,825

202

1,613

1,316

249^

814

47,049

61, 274

In Osage (Kansas) entries there are

Fall entries, not examined 7, 9J54

Partial payments 6,271

14,225

OKLAHOMA T0WN8ITE8.

RegulaUoM provided hy the Secretary of the Interior for the guidance of trvsieee in the exe

cution of their trust.

Department of the Interior,

Waehington, D. C, June 18, 1890. To the Truetees of TownHtes in the United States land districts,

Oklahoma Territory: By virtne of the authority vested in me by an act of Congress approved May 14, 1890, entitled ''An act to provide for townsite entries of lands in what is known as 'Oklahoma,' and for other purposes,'' I have prepared the folIowiDg rales and regula- tions for your observance and direction in the execution of the trust thereby created: 1. In the performance of your duties you will bear in mind the provisions of sections V^ and 13 of the act of Congress approved March 2, 1889 (25 Stats., 1004), by virtne

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224 REPORT OP COMMISSIONER OF GENERAL LAND OFFICE.

of which the Indian title to said ** Oklahoma" was extinguished and the lands therein made a part of the public domaio, and special attention is directed to that- part of the President's proclamation of March 23 following, opening a portion of the Territory of Oklahoma to settlement, which reads: " Warning is hereby again expressly giren that no person eutering apon aud occupying said lands before said hunr of twelre o'clock, DOOD, of the twenty-second day of April, A. D. eighteen hundred aud eighty- nine, hereinbefore fixed, will ever be permitted to enter any of said lands or acquire any rights thereto, aud that the officers of the United States will be required to strictly enforce the provision of the act of Congress to the above effect."

No person who went into said Territory in violation of said proclamation will be allotted any portion of a townsite, and you will recognize no claim fi.led by such per- son in making your allotments.

3. As soon as you are officially advised by the Secretar^*^ of the Interior of the town- site, or townsites, which >ou are to euter as trustees, and have qnali6ed before an officer having a seal and duly authorized to administer oaths, by taking and sab- scribing the following oath, or affirmation :

*' I do solemnly swear (or affirm) that I have no interest either directly or indirectly

in the tc»wn site of , or any part or parcel thereof; that I will faithfully

discbarge the duties of my office, and execute the trust imposed n^on me with fidelity ; that 1 will impartially hear, try, and determine all controversies submitted to me fairly and justly, according to the law and the evidence free from bias, favoritism, prej- udice, or personal influence of any kind or character whatever. So help me God. (Or, if by affirmation, * under the pains and penalties of perjury.')" you will proceed to discharge the duties imposed on you by law and these rules aud regulations. Your several boards are, as required by the statute, composed of three trustees. Your sev* eral comniisbions have denignated your respective boards, and each board will act as a separate body as to the particular town site to which it is assigned.

3. All applications heretofore filed in the proper land office will be prosecuted to final iitsne in your names as provided in section 6 of act under which you are appointed. In case you find a contest orcoutroversv pending between a homestead entryman and th^ occupants of the townsite to which you are assigned, involving the title to any portion of the laud occupied for townsite purposes, yon will at once, as a board, and before takinir any other step or proceeding, make a])plication at the local office in the district where the townsite is situate to intervene and be made parties to the proceeding, and thereupon the case will be made «p«cia< and disposed of as expeditiously as the transaction of public business will permit, as no entry can be completed until after the contests are disposed of. Publication of intention to make prooi mnst be for ^\e days, and the proof of publication may be as in ordinary cases. The proof shall relate to actual occupancy of the land for the purposes of trade and business, namber of inhabitants, and extent and value of town improvements.

4. The entry is to be made by you as trustees as near as may be conformably to section ' 2387 of the Revised Statutes and in trust for the use and benefit of the occupants of

of the townsite according to their respective interests and at the minimum price, $1.25 per acre. No provision is made in the act for the payment of the entry fees and the price of the land, and as the entry mnst be made before the townsite can be allot- ted, you may call upon the occupants thereof to furnish the requisite amount to pay the government for said lat d, keeping an accurate account thereof, and giving your receipt therefor, and when realized from assessment and allotment, you wiH refund the same, taking evidence thereof, to be filed with your report in the manner hereinafter directed.

5. Section 1 of said act of May 14, requires me to provide rules and regulations for the survey of the land occupied for townsite purposes into streets, alleys squares, blocks, and lots, or to approve such survey as may already have been made by the inhabitants thereof, and section .5 of said act makes the provisions of sections 4, 5, 6, and 7 of the act of the legislature of the State of Kansas entitled ''An act relating to townsites," approved March 2, 186H, so far as applicable, a part thereof.

Section 4 of the Kansas act adopted requires yon to oause an actual survey of the townsite to be made, conforming as near as may be to the original survey of such town, desit^nating on such plat the lots or squares on which improvements ar stand- ing, together with the value of the same and the name of the owner or owners thereof; hence, if you deem it advisable to survey the townsite assigned you, yon will observe this rule in connection with the first proviso of section 22 of Oklahoma Territorial bill, approved May 2, 1890; but if the townsite has already been sur- veyed by the inhabitants thereof, and you are satisfied that the same is correct and in harmony with the spirit of the act under which you are appointed, yon may approve and adopt such survey, making the designation on the plat thereof as re- quired by s^iid section 4 so far as the same is applicable under said act act of May 14.

6. In any event, vou will, as soon as you definitely fix the survey, cause to be des- ignated, on each of said plats, the lots and blocks occupied, together with the value of the same, with the name of the owner or owners thereof; you will also designate

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PRE-EMPTION. 225

all sqaares, parks, and tracts reserved for pabiic ase, or sites for public buildings, and all lots occupied by any religious organization which are subject to disposal under the provisions of said act. The desi^natiou of an owner on such map shall be tem- porary until final decision of record m relation thereto, and shall in no case betaken or held as in any sense or to any degree a conclusion or judgment by the board as to the true ownership in any contested case coming before it.

7. You will observe that no townsite can embrace any greater number of legal sub- divisions than are *' covered by actual occupancy for the pur noses of trade and busi- ness," and in no case can it exceed 1,:^ acres ; hence, in makiug your survey of the land *' into streets, alleys, squares, blocks, and lots/' or the approval of such survey as may have been made by the inhabitants of the townsite, when you deem the same sufficient, you will deter'nine the area thereof by legal subdivisions so occupied for such purposes.

S. As soon as the survey and plat are completed as aforesaid, you will cause to be published, in some newspaper printed in the county in which said town is situated, a notice that such survey has been completed, notifying all persons concerned or inter- ested in such townsite that on the designated day you will proceed to set off to per- sons entitled to the same, according to their respective interests, the lots, blocks, or grounds to which each occupant thereof shall be entitled undnr tne provisions of said act. Such publication shall be made at least fifteen days prior to the day set apart by you to make such division and allotment. Proof of such publication shall be evi- denced by the affidavit of the publisher of the newspaper lu which such notice is prints, accompanied by a printed copy of such notice.

9. After such publication shall have been duly made, you will proceed on the day designated in the notice, except in contest cases which shall be disposed of in the manner hereinafter provided, to set apart to the persons entitled to receive the same the lots, blocks, and grounds to which each party or company shall be entitled ac- cording to their respective interests, including in the portion or portions set apart to each person or company of persons the improvements belonging thereto; and in so doing you will observe that section 2 of saia act of May 14, 1890, provides that any certificate or other paner evidence of claim duly issued by the authority recognized for such purpose by tne people residing upon any town site subject to entry, shall be taken as evidence of the occupancy by the holder thereof of the lot or lots therein described, except where there is an adverse claim to said property such certificate shall only be prima facie evidence of the claim of occupancy of the holder. But any person holding any such certificate who went into said Territory prior to the hour of 12 o'clock, noon, on the 22d day of April, 1889, Id violation of said proclamation, shall not be held to have acquired any rights thereunder.

10. When the survey is finally completed it will be certified to by you in quadru- plicate as follows :

** We, the undersigned, trnst^'cs ef the townsite of , Oklahoma Terri-

sry. hereby certify that we have examined the survey of said townsite and approve the foregoing plat thereof as strictly conformable to said survey in accordance with the act of Congress approved May 14, 1890, and our official instructions.''

One of said plats shall be filed in the land office in the district where the townsite is located, one in the office of the register of deeds in the county in which the town- site is situate, one in the office of the Commissioner of the General Laud Office, and one retained in your custody for your own use.

11. Whenever you fiud two or more inhabitants claiming the same lot, block, or parcel of land, you will proceed to hear and determine the controversy, fixing a time and place for the hearing of the respective claims of the interested parties, giving each teu days notice thereof, aud a fair opportunity to present their interests in ac- cordance with the principles of law and equity applicable to the case, observing as far as practicable the rules prescribed for contest before registers and receivers of the local offices ; you will administer oaths to the witnesses, observe the rules of evidence as near as may be in making your iuvestigatious, and at the close of the case, or as soon thereafter as your duties will permit, render your decision in writing.

If the notice herein provided for can not be personally served upon the party there- in named within three days from its date, such service may be made by a printed notice published for ten days in a newspaper in the town or city in which the lot to be affected thereby is situated ; or, if there is none published in such town, then said notice may be printed in any newspaper in the county, or if there is none published in the county, then in one printed in the Territory. The proof of such notice to be filed with the record, and may be made as provided in these rules and regulations in other cases. The proceedings in these contests should be abbreviated in time and words, or your work may not be completed within the limits of any reasonable period of time or expense.

12. Any person feeling aggrieved by your iudgmeut may, within ten days after notice thereof, appeal to the Commissioner of the General Land Office under the rules (except as to time), as provided for appeals from the opinions of registers and receivers ;

940j L O 15

Digitized by VjOOQIC

226 BKPOBT OF COMMISSIONER OF GENERAL LAND OFFICE.

and if either party is diasatlsfied with the oonclasions of said Commissioner in the case, he may still fnrther prosecute an appeal within ten days from notice thereof to the Secretary of the Interior upon lilce terms and conditions and nnder the same rales that appeids are now regulated by and taken in adversary prooeedinss from the Commissioner to the Secretary except as modified by the time within which the appeal is to be taken. Sach cases will be made special by the Commissioner and the Sec- retary and determined as speedily as the public business of the department will per- mit, but no contest for particular lots, blocks, or grounds shall delay the allotment of tnose not in controversy.

13. All costs in such proceedings will be governed by the rules now applicable to contestii before the local land offices.

14. After setting apart such lots, blocks, squares, or gronnds, and upon a valuation of the same, as hereinbefore provided for, you will proceed to determine and assess upon such lots and blocks, according to their value, ^uch rate and sum as will be nec- essary to pay for the lands embraced in such townsite, costs of survey, conveyance of lots, and other necessary expenses, including compenRation of trustees, as provided for in ^id act, and in so doing you will take into conHideration

First. The |10,000 appropriated by said act of >fay 14, 1B90, and such further sum as may be appropriated by CongrcAS, before said aHsessment is made, for the purpose of carrying into effect the terms of said act, which is to be refunded to the Treasury of the United States ; but of course only so much thereof as it will be necessary to nse.

Second. The money expended for enteriuc; the land.

Third. The costs of survey and platting the townsite.

Fourth. The expenses incident to making the conveyances.

Fifth. The compensation of yourselves as trustees.

Sixth. The compensation of your clerk.

Seventh. The necessary traveling expenses of yourselves and clerk.

Eighth. All necessary expenses incident to the expeditious execution of your trust.

More than one assessment may be made, if necessary to effect the purposes of the act of Congress.

15. From each board the Secretary of the Interior will designate a chairman and a secretary. The secretary shall keep the minutes and a record of your proceedings, and an accurate account of all money received and paid out, taking and filing proper vouchers therefor in the manner hereinafter provided ; he shall also be the disbursing officer of the board, shall receive and pay out all moneys provided for in said act, subject to the supervision of the Secretary of the Interior; and he shall, before en- tering upon duty, take the official oath, and also enter into a bond to the United States in the i>enal sum of $10,000 for the faithful discharge of his dnties, both as now

Ereecribed and famished from the department of the Interior. The money in the ands of the disbursing officer shall at ail times be subject to the control and order of the Secretary ot the Interior, and the sum appropriated by Congress which is to be refunded to the Treasury of the United States shall be paid over to the Treasnrer thereof at saoh times, in snch sums, and in snch manner as the Secretary of the Interior may direct.

16. There shall be a clerk for each board, who shall also be a stenographer, if availa- ble, to be appointed by the Secretary of the Interior, who shall do all the clerical and stenographio, work of the board and secretary thereto, and, under its control and direcfion, subject to the general supervision of the Secretary of the Interior.

17. The minutes of each day's proceedings shall be completed and written out in ordinary handwriting, or type-written, and duly signed by the chairman and secre- tary, before the next day's business shall be begun, and shall not thereafter be changed except by a further record, stating accnrately the changes intended and ordered, and the reasons therefor. This is not intended to include the testimony or other than actual decisions, orders, and proceedings of the board.

18. All payments of money by the inhabitants of the townsite for lots and blocks shall be in cash, and made onlv to the disbursing officer, who shall receipt therefor In duplicate, one to be given to the party making the payment and the otner to lie for- warded to the Commissioner of tne General Land Office, and said officer shalf charge himself with each payment on his books of accounts, and he shall deposit all sums re- ceived by him at least once a week, and, when practicable, daily, in some bank des- ignated by the board, and he shall pay the same out only on his checks countersigned by the chairman of the board of which he is secretary, which checks, after they are honored, shall be filed with his accounts as vouchers.

19. Upon the payment to the disbursing officer of all sums assessed by you upon any lot, block, or parcel of land by the person entitled thereto, and not before, you will proceed to execute him a deed therefor pursuant to the terms of said act. All conveyances made by you shall be acknowledged before an officer duly authorized in said Territory to take acknowledgments of deeds. The form of deed and acknowl* edgment will be forwarded you. .

^. All lota occupied by any religious organization will, open the payment of the

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PRE-EMPTION. - 227

auessmeuts thereon, be conveyed by yon to it directly, or in trust tor the use and benefit of the same, at its option.

21. Yon will ascertain and transmit to the Secretary of the Interior a statement showing separately

First. All lots not disposed of nnder the provisions of said act which are subject to be sold under the direction of the Secretary of the Interior for the benefit of the municipal government of the town or city controlling the townsite which you are directed to allot. '

Second. Such part thereof as may be reserved for public use as sites for public buildings.

Third. For the purpose of public paries.

22. You will be allowed |10 per day for each day's service when you are actually' engaged and employed in the performance of your duties as such trustee, your nec- essary traveling expenses, and |3 per day for your subsistence. But these sums may be reduced in either board at the will of the Secretary of the Interior if he deems it for any cause necessary.

23. The clerk of the board, when not a clerk already in government employment and assigned to the board for duty, will be allowed as compensation for his services at the rate of |100 a month; he will also be allowed his actual necessary traveling expenses. All expenses of members of the board and the clerk shall be reported to and adjusted by the Commissioner of the General Land Office at the end of each week after you commence executing conveyances for the lots and blocks on the townsite; before that, monthly on the first day of the month.

24. The account of alKyour expenses and expenditure, together with a record of your proceedings, which, with your oath of office, and all papers filed with you, the records in each case, and all evidence of your official acts, except conveyances, you will file in the office of the Commissioner of the General Land Office to become a part of the records therein.

25. Where any one occupying and filing for a homestead obtains a patent for a townsite under section 22 of the Oklahoma Territorial act, approved May 2, 1890, such townsite will not be affected by the provisions nnder which you are appointed, and yon can not act in any such case.

Yon will correspond with the Commissioner of the General Land Office, and only through him with the Secretary, so that a complete record thereby may be kept in the Land Office.

It is believed that the foregoing resnlationa, together with oopiee of the laws re- ferred to therein, and copies of the rules and regnfations furnished registers and re- ceivers in contested oases and appeals will be roand snffloieni for the proper deter- miuation of all cases which may arise ; but should unforeseen difflcalties present themselves, yon will submit the same tor special instructions.

In view of the fact that the expenses incident to the allotment of townsites by the provisions of this act are necessarily burdensome to those interested therein, yon will be expected to proceed as expeditiously as is consistent with a due regard to the proper performance of your duties in disposing of the trust herein imposed upon you. It is hoped that yon will, from a sense of duty, relieve as much as possible the in- habitants of the townsites nnder your control from unnecessary delays, fees, and ex- penses.

Very respectfully,

John W. Noble,

Secretary,

DlEPARTMXNT OF THX INTERIOR,

* Washington, D, C, July 10, 1890.

To (he Trueteee of Towntitee in the United States land dUtriets,

Oklahoma Territory : To remove any doubts that may exist nnder regulations dated June 18, 1890, as to how the costs of contests are to be paid, yon are hereby instructed that your first dnt^, as stated in section 10 and the last clause of section 13, is to proceed on the day designated iu the notice published to set apart, except in contest cases, the lots, blocks, and grounds, with the improvements, respectively, to each person or com- pany entitled thereto. You will at this point, and before proceeding to contests, make assessment on all the lots embraced m the townsite, so that each shall bear its fair proportion of all the expenses mentioned iu section 15, and no farther assess- ments shall be made on uncontested lots that may be required to meet expenses re- sulting from contests as to other property. You will then, and not before, proceed to dispose of the contested cases, and yon will require each claimant to deposit with the disbursing offioer of the board each morning, asum sufficient to cover and pay all

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228 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

oosts and expenses on enoh proceedings for the day, inclading the Hems mentioned in regulation numbered 15, because by section fi of the act of Congress, under which you are to proceed, all disbursements from the appropriation made must be refanded to the Treasury of the United States. At the close of the contests, on appeal or other- wise, the sum deposited by the successful party shall be restored to him subject to the rules in such oases ; but that deposited by the losing party shall be retained and accounted for by the disbursing officer of the board. Very respectfully,

John W. Nobue,

Secretary,

Jlegulationa to be observed in the exeoution of the provisions of the second proviso of the iwenty- neoond section of the *^Aot to provide a temporary government for the Territory of Okta- ftowio," c<c., approred May 2, 1890.

Department of the Interior,

General Land Office; Washingtony D. C, July 18, 1«M). To the Registers and Receivers of theUniled States land offices,

Oklahoma Territory : All applications to commute homestead entries, or nortions thereof, to cash entriea at the rate of $10 per acre, for the purpose named in tne twenty-second section of the act above cited, will be made througn your respective offices and addressed to the Secretaiy of the Interior, in accordance with the following regulations :

1. Entries under said section must be made according to the le^al subdivisions of the land, and no application for a less quantity than is embraced in a legal subdivis- ion, or for land involved in any contest, will be received by you.

2. A party desiring to found* a city or town upon land embrac ed in his homestead should present his application (Form 4-001) at the local land office of the district in which his land is situated, and, if his application and the status of his homestead en- try are found to be in accord with the foregoing requirements, you will so advise him and allow him two months within which to prepare and file ^ith yon triplicate plats of the survey of the land applied for, duly verified by the oaths of himself ana the surveyor.

3. Such plats must state the name of the city or town, describe the exterior bounda- ries thereof according to the lines of public surveys, exhibit the streets, squares, blocks, lots, and alleys, and must specifically set forth the size of the same, with meas- urements and area of each municipal subdivision ; and, if the survey was made sub- sequent to May 2, 1890, the plats must also show that the provisions of the first proviso of the section of the act under consideration have been complied with, viz, the setting apart of '^ reservations for parks (of substantially equal area if more than one park) and for schools and other public purposes, embracing in the aggregate not less than ten nor more than twenty acres."

4. Upon receipt of the plats you will transmit the same to this office fur examina- tion and the approval of the Secretary of the Interior, together with the application to make entry and your joint report as to the status of the laud applied for. Should the plats be approved, one of them will be retained in this office and the other two returned to you with directions t<o notify the applicant of their approval, and that he will be allowed three months within which to make the proof hereinafter prescribe<l, and to perfect his entry of the legal subdivision, or subdivisions, applied for, exclusive of the portions reserved for parKS, schools, and other public purposes (which are to be patented, as a gift to the town when organized ab a municipality, for the specific purposes for which they were reserved), by tendering the pu^shase price of that por- tion of the land actually entered. One of the approved plats returned to you will be retained in your office and the other delivered to the applicant to be placed on record and file in the office of the recorder of the county in which the town is situated.

5. Notice of intention to make cash entry as above contemplated shall be the same in all respects as is required of a claimant in making final homestead proof, and the entry when made will be given the current number of the series of commuted or cash entries provided for in the twenty-first section of the above-cited Territorial act. Proof in accordance with the published notice, consisting of the testimony of the claimant and two witnesses, must be furnished relating—

First, To the strict observance of the warning contained in the President's procla- mation of March 23, 1889, if the land applied for is within that portion of the Territory of Oklahoma opened to settlement thereby. Should the land be located in a portion of the Territory which may hereafter become open to settlement by operation of law, or a proolamatiou of the President, it will be necessary for the claimant to show that he has strictly obserred tlie spirit and letter of the provisions under which settlement in said portiou became permissible.

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PRE-EMPTION. 229

Seoond, The claimant's citizenBhip and qualifications in all other respects an a homesteader, the same as in making final homestead or oommated proof under the act relating to the Seminole lands, approved March 2, 1889, and the Territorial act amendatory thereof, approved May 2, 1890.

Third, Dne compliance with all the requirements of the homestead law, by the claimant, no to the date of commntlug to cash entry.

Fourth, The foregoing to be accompanied by the usual proof of notice by publica- tion, together with the certificate of the register and receiver showing that the dupli- cate homes ead receipt has been presented to them and canceled in respect to the land purchased for townsite purposes, and the certificate of the county recorder to the «ffi»ct that a plat of the town, bearing the approval of the Secretary of the Interior, has been mada of record and placed on file in his office.

6. After notice has been given an applicant that his homestead is free from contests, and is not in conflict with any other entry, and pending the preparation and approval of the town plats, you will neither accept any affidavit of contest nor order any hear- ing involving the land applied for ; and after the approval of the plats no contest initiated as such and looking to the defeat of the proposed cash entry will be enter- tained by this office.

7. Parties appearing at the time and place of making proof and protesting against the allowance of the cash entry, simply as objectors' or friends of the government, will be heard, permitted to cross-examine the claimant and his witnesses without additional cost to the claimant, and their complaints and the facts developed will be doly considered by you, and such action taken as you may deem proper, except that you will order no hearing in any such case. Should a protestant desire to carry his action into a contest, between which proceedings there exists a clear distinction (see McCracken v. Porter, 3 L.D.,399, and Martin v. Barker, 6 L.D.,763), he will be re- quired to file with you a sworn and corroborated statement of his grounds of action, and that the contest is not initiated for the purpose of harassing the claimant and extorting money from him under 4 compromise, but in good faitn to prosecute the same to a final determination, which statement you will transmit with the claimant's proof; and if the allegations therein contained are considered sufficient by this office to warrant the ordering of a hearing, you will be so advised, and a hearing will be ordered upon compliance by the contestant with the condition that he shall deposit with yoo a sufficient sum to cover the cost thereof.

8. Notice of your actions or decisions in all matters affecting an entry, or an ap- plication to enter, under the foregoing instructions, and the proof thereof, shall be thesa ^ - ^' .... such I Within 1

the api>ellee, who will be allowed ten days from such service within which to file his brief and ar^ment. Appeals from the conclusions of this office lie to the Secretary of the Interior, subject to the foregoing restrictions as to time, the same as in other matters of like charaoter.

Respectfully,

Lewis A. Gboff,

Commiuioner. Approved :

John W. Noblx,

Seereiwry,

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H— CONTEST DIVISION.

In connection with the report of the transactions of the Contest Di- vision for the fiscal year ending Jane 30, 1890, which is herewith sub- mitted, the chief of the division desires to call particular attention to the contest cases in which there is no appeal from the decision of the local land officers.

The u amber of sach cases awaiting action in this division on July 1, 1889, was 4,961, and the number received daring the year ending June 30, 1800, is 6,599, making a total of 11,560 ; 7,374 of them have been disposed of daring the year ending June 30, 1890 ; leaving a balance of 4,186 on hand and not acted upon at the last-mentioned date.

Strenuous efforts- have been made to examine and close these cases more rapidly, but it has been found simply impracticable to do so with the number of clerks available for that purpose.

It is believed, however, that a proper remedy for this disadvantage may be found in the adoption of a different method of procedure from that now in vogue ; and it is noted with satisfaction that the head of the department has already proposed for the consideration of the Com- missioner an amendment to rule 48 of the rules of Practice, which will, if carried out, greatly relieve the situation.

Experience has shown that, of the whole number of unappealed con- test cases transmitted to this office, less than 5 per cent, are made the subjects of after inquiry by the losing parties, while complaints of persons who have successfully prosecuted cases before the local offices are be- ing constantly received, because of the delay in passing upon their cases here.

In view of these facts, it is hoped that the proposed amendment of rule 48, or something similar, will be consummated at the earliest practicable moment.

If this be done, not only will the number of unappealed cases to be examined here be greatly diminished, but the time now taken up in answering letters of inquiry could be utilized in the prosecution of more profitable work.

Comment on this subject might be greatly extended, but, as. the needed measure of relief seems near at hand, it is not considered nec- essary.

Annual report of work for the fiscal year ending June 30, 1690. Nnmber of clerks - 35

GONTBST CA8B8.

Appeals and other oases in volying decisions as to facts (dooket

oases) on hand July 1, 1889 3,224

Received during the year 1,032

4,856

Closed during the year 1,057

Referred to other diyisions 39

1,096 3,160

230

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CONTESTS. , 231

Cases in which there is no appeal on hand at last report 4, 961

Receiyed during the year 6,589

11.560

Examined and closed 7..218

Referred to other diyisions 156

7,374 4,186

Total number contests i>ending 7,346

Other cases examined and decided 3,285

Docket oases examined and decided 1,375

Entries canceled 5,578

Inyolved in pending contests :

Entries 7,346

Acres 1,175,360

LBTTER6.

(Including letters of transmittal.)

On hand at last report 12,018

Received during the year 18,548

30,566

Answered 15,127

Filed 6,196

Referred 1,013

22,336

Balance on hand 8,230

Letters written during the year 16,267

No. of certified copies furnished 66

Cost of same t.t264.93

APPEALS.

(From decisions of R. &, R. not inyolving the facts of oases.)

On hand, July 1, 1889 46

Receiyed during the year 563

609

Examined and decided .'. : 572

Referred to other diyisions 16

>^ 588

Balance on hand 21

(From decisions of Commissioner.)

Onhand July 1, 1889 100

Received during the year 756

856

Transmitted to Hon. Secretary 631

Referred to other diyisions 2

633

Balance on hand 2*23

HOTIOKS FOB BBVDBW, BBBBARINO, AND CBRTIORABI.

Onhand July 1, 1889 6

Received during the year 249

255

Acted on 240

Referred to other diyisions 10

250

Balance on hand 5

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2S2 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

▲PFLICATI0K8 TO C0NTB8T.

ODhftnd July 1, 1889 110

Received during the ye&r 605

715

Allowed and hearing ordered 404

Denied 201

Referred to other diyisiona 52

657

Balance on hand 58

Decisions of the Secretary promulgated daring the year 470

Pages of type- writing done dnrinff the year 22,848

Pages of letter-press copy-book filled during the year 28, 000

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K.—D1VISION OF STATE AND TERRITORIAL GRANTS.

This division has charge of the reservation for school purposes, and the following grants in the public land States and Territories, inclading contests: Swamp land and swamp land indemnity, school and school indemnity, internal improvement, agricultnral college, semiuary and aniversity, penitentiary, pnblic building, and saline.

The following is a summary of the more important work done by this division :

Iietten pendiDff July 1, 1889 488

Letters received dnring the year 4, 055

Total 4,543

Lietters answered, filed, and referred 4, 107

Number not acted on 436

Otber letters written I,2fl0

List of swamp and school lands prepared for approval 73

Certified copies of lists prepared and transmitted to governors of the several

States and to local officers 110

Patents exeoated 42

Pages of patent record covered 105

Nomber of contested cases decided 55

Tracts upon which claims for swamp land indemnity have been adjusted upon

testimony submitted 660

Tracts examined with plats and field notes of sorvey to determine their char- acter 4,645

Certified copies prepared for individuals 23

Entries and locations held for cancellation for conflict with claims under the

swamp grant <. 47

Claims under railroad grants held for rejection for conflict with claims under

the swamp grant 8

Claims under swamp grant held for rejection 97

Hearings ordered to determine character of land claimed as swamp 68

Swampland indemnity certificates issued 4

Contests pendinff June 30, 1889 14

Contests received during the year 80

Contests disposed of during the year 55

Number not acted on 39

Selections by the several States and Territories ander the various grants (other than the swamp grant) were approved during the year, as sliown by the accompanying table, to the amount of 539,779.84 acres.

233

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234 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

JVUmfter of acres in State and Territorial aeleoHons under various grants approved during

the fiscal year.

State or Territory.

School indemnity.

Internal

improYo*

ment.

University.

AjEriooltn-

ral

college.

Seminary.

PnbUo BnUd- Ings.

Total.

AlAbftmii

1,650.03 36,890.14

1,650.93

ArlxoDft -...

86,890.14

Calitomia

8,881.12

5,612.78

1,220.82 18,891.61

1,154.07

820.78

17, 189. 62

Colorado....

18.38L51

Florida

77.85

"

77.85

Loniffiana . ......

63,621.49 1,015.96

63,621.41^

MillII4MMttt^

l,OI5L9ft

MiBBonri

5,348.86

5,848.86

Nevada

349.422.26

349,422.26 80.00

WaahinKton

80.00 46,091.84

Wyominx

46,09L34

Total

422,940.81

6.690.58

81.712.41

24,961.18

1,154.07

820.78

589,779.84

GRANTS IN AID OF EDUCATION AND INTERNAL IMPROVEMENTS.

The foUowiDg work has been done in the adjustment of grants of lands other than those of swamp lands to States and Territories daring the past fiscal year:

Alabama. In the final adjustment of the grant of 46,080 acres for university purposes, selections aggregating 1,650.93 acres were ap- proved, leaving a deficit in the quantity to which the State is entitled under the grant of 131.54 acres, which has been satisfied to the extent of 121.67 acres by a selection which is now pending.

Ariaona, One list of selections under the university grant of Febru- ary 18, 1881, embracing 36,890.14 acres was approved. The grant be- ing of 46,080 acres, and al^ the valid selections having been approved, there remains to be selected 9,159.86 acres thereunder.

California, Five lists of school indemnity selections were prepared, embracing 8,881.12 acres, and were approved at various dates by the Secretary of the Interior.

The adjustment of the internal-improvement grant of 500,000 acres to this State has been long delayed, owing to the mixed condition in which it was found many years ago, and the inadequacy of the cleri- cal force. Eecently, however, a determined effort was made to reach a conclusion as to its exact condition, and during the year selections of 5,612.73 acres were approved, and by letter to the governor of California, dated April 12, 1890, that officer was advised that there had been approved in satisfaction of said grant, exclusive of 632.69 acres erroneously charged to said grant, which had been selected under ihe grant of seventy-two sections for a seminary of learning under the pro- visions of section 12 of the act of March 3, 1853 (10 Stat., 244), and which was, by the letter referred tx), transferred to the latter grant, 498,265.60 acres, leaving a remaining deficit in the internaMmprove- ment grant of 1,734.40 acres, which amount the State was authorized to select. Applications to select the amount of the deficit have been filed, but have not yet been accepted.

By the transfer to the seminary grant of the amount erroneously charged to the internal-improvement grant above referred to, the former grant was practically closed, the entire amount certified in sat- isfaction thereof being 45,976.23 acres, leaving a deficit of 103.77 acres only. Four clear lists under the seminary grant, aggregating 1,154.07 acres, were approved.

The grant to the State for an agricultural college has been closed out.

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STATE AND TERRITORIAL GRANTS. 235

except as to 280.18 acres, 223.31 acres of which are involved in con- tests which have arisen on accoant of the claims of certain parties ander the homestead and pre emption statutes. A decision has been rendered by this office awarding the land to the iState subject to appeal, the time for which has not yet expired. Two clear lists of selections under this grant, embracing 1,220.82 acree, were approved.

One list, embracing 320.78 acres, was approved for public buildings. The total amount which the State has received umler this grant (6,i00 acres) is 5,099.08 acres, leaving a deficit of 1,300.92 acres.

Colorado. Considerable work on the school grant was performed dur- ing the year, but work has been suspended awaiting a decision by the head of the department on the question of whether the selected tracts are as contiguous as they should be to the ascertained losses or deficien- cies used as the bases of selection under the terms of the granting act.

Two lists of selections under the agricultural college grant of 90,000 acres, embracing 18,391.51 acres, were approved. The selections ap- proved under this grant aggregate 87,947.26 acres ; the selections pend- ing aggregate 1,005.05 acres. The State is entitled to select not less than 1,047.69 acres.

Dakota. A list of university selections made for the former Territory of Dakota has been prepared. The selections are all in the new State of South Dakota, and should it be finally decided that all these lauds belong to this State under the fourteenth section of the act of March 2^ 1889, by which seventy-two sections are granted for university purposes to each of the two Dakotas, the approval of this list will nearly satisfy the grant to said State. In that event North Dakota would be entitled to select the full quantity for university purposes within the boundaries of that State.

Florida. During the year a list was prepared and approved of land claimed under the internal-improvement grant. This list covers a tract of 77.85 acres, the selection of which was foutid valid, but until latterly the approval of it was not found feasible, because the State had received by approval over the quantity of 500,000 acres granted. A conveyance of selections shown by the later surveys to be outside of the State, amounting to 2,401.26 acres, having been secured from the proper State authorities, it became practicable to pass title to the State to the afore- said tract of 77.85 acres. The State is still entitled to select 2,161.06 acres under this grant.

Idaho. It was stated in the last annual report that a balance of 18,938.99 acres remained to be selected under the grant of 46,080 acres for university imrposes, made by the act of February 18, 1881. Since then further selections have been made under said grant, and a list em- bracing sixty-three and a half sections out of the seventy-two sections granted is in course of preparation for the approval of the President.

Loumana, Four lists of school indemnity selections, aggregating 63,621.49 acres, were approved. The work of adjusting the entire grant to the State of school indemnity is fast nearing completion.

Minnesota. Une list of school indemnity selections, containing 1,015.95 acres, was approved. No further progress has been made in the adjustment of the selections mentioned in last report as pending and partly examined.

Missonri, By approval of a list of 5,348.86 acres under the agricult- ural-college grant of 330,000 acres, the quantity passed to the State thereunder was made to amount to 329,972.51 acres, thus practically closing the grant.

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236 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

Montana, The deficit in approvals under the university grant is S53.30 acres.

Nevada. Three lists of selections under the grant of 2,000,000 acres made by the act of June 16, 1880, for school purposes, in place of the sec- tions numbered 16 and 36, theretofore granted totbe State for schools, ag- gregating 349,422.25 acres, were approved. The total amount embrsiced in certifications of lists approved under this grant is 709,066.09 acres. Adding to this amount 9,228.36 acres, to which the State obtained title as school indepfinity under the original grant to the State for schools, and the total area of all the land obtained by it as school indemnity is 718,294.45 acres, leaving a balance due under the grant of 1,281,705.55 acres. This grant is in addition to a small quantity of land in sec- tions numbered 16 and 36, sold or disposed of by the State prior to its date, the title to which was confirmed to the State or its grantees by the first section thereof.

At the beginning of the present fiscal year a list of 116,986.68 acres of selections under this grant was before the Secretary for his ap- proval, and lists of selections thereunder are now in course of prep- aration, embracing lauds in the Garsou and Eureka districts, which will probably aggregate 250,000 or 300,000 acres. This, taking the lesser amount estimated with the list now before the Secretary, will give to that State by approval during the present fiscal year, over 360,000 acres, »nd then the grant will be more than half satisfied.

Oregon, A large quantity of land has been selected as school in- demnity, but the selections have been held in abeyance awaiting a conclusion on certain questions afiecting the validity thereof, which, having recently been reached favorably to the State, it is contem- plated to continue the work of making up clear lists for approval.

Washington. During the year title to 80 acres was passed to the State for university purposes under the original reservation there- for made by the act of July 17, 1854, and the act of March 14, 1864, supplementary thereto. The total amount granted to the new State for university purposes is seventy-two sections. Title was passed to it for 24,022.02 acres under the act of 1864, and therefore it was entitled at the end of the fiscal year to obtain by approval the additional ijuantity of 22,057.98 acres under this grant. During the year, how- ever, three clear lists of selections under this grant, aggregating 20,819.19 acres, were prepared for approval, and since the end of the year, to wit, on July 2, 1890, they received the approval of the honor- able Secretary. The deficit is now 1,238.79 acres, which is about two- thirds covered by pending selections.

Wyoming. ^The grant of seventy two sections of land to this Terri- tory for university purposes made by the act of February 18,1881, was satisfied by approval by the President of a list of selections thereunder, embracing seventy-two entire sections, aggregating 46,091.34 acres. '

Under the grants to States and Territories for schools, universities, agricultural colleges, internal improvements, and penitentiaries, and the grant of salines, there were pending at the beginning of the year selec- tions covering 1,978,472.88 acres, exclusive of 320 acres selected by California for public buildings, which have not been borne on the reports. Adding to the above quantity the selections received during the fiscal year, and deducting those canceled and approved during said pel iod, and there remain pending at its close selections aggregating 1,518,755.90 acres, a decrease of 459,716.98 acres in one year.

It is hoped to make a similar showing next year, but the admission of new States will have the effect to increase vastly the work of this branch of the division.

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STATE AND TERRITORIAL GRANTS. 237

SECRETARrS DECISIONS RELATIVE TO THE ADJUSTMENT OF SWAMP LAND CLAIMS DURING THE FISCAL YEAR.

POWBSHIKK COUNTY, IOWA.

Stcamp-land indemnity, Id determiniag the character of laud claimed under the swamp-land grant, the sworn testimony of competent witnesses should not be ignored oD a superficial examination in the field made by a special agent.

The act of 1850, granted not only snch lands as might strictly come under the de- scription ''swamp lands," but also such as were so '* wet" as to be rendered thereby unfit for cultivation. (9 L. D., 124 ; July 19, 1889.)

STATE OF OREGON (ON REVIEW).

The application to review departmental decision of december 27, 1888 (7 L. D.,. 572), revoking, canceling, and setting aside approved swamp laud list No. 5, Lake, view, Oregon, was denied by Secretary Noble, September 16,1889. (9 L. D., 360.)

I

NITA V, STATE OF WISCONSIN.

Field notes of survey, In adjusting the swamp grant on field notes of survey where the intersections of the lines of swamp lands with those of the public survey alone are given, snch intersections may be connected by straight lines to determine the char- acter of the legal subdivisions.

The decision of a commission, mutually agreed upon between the ffovernment and the State, that a certain tract is swamp land, will not prevent the department irom. reviewing such decision, or considering other evidence, in finally determining the true character of said land.

The burden of proof is upon the State when the field notes of survey do not, prima facie, show the land to be of the character granted.

To establish the claim of the State it must show that the greater part of the par> ticnlar subdivision is subject to the grant. (9 L. D. 3d5 ; September 20, 1889.)

STATE OF ALABAMA.

FUAd notes, The correctness of an official report as to what is shown by the field notes of survey will be presumed, in the absence of competent evidence to the contrary..

In the aclJDstment of the swamp grant on field notes of survey made before the date of said grant, the State is not entitled to lands returned as swamp and over- flowed without all the descriptive words in the grant, or words clearly of like import. (9 L. D., 458 ; October 5, 18o9.)

STATE OF ILLINOIS (CASS COUNTY).

Swamp-land indemnity. An adverse finding and report by a special asent of the government is not conclusive against the State, in the absence of final testimony submitted by the State. (10 L. D., 22; January 14, 1890.)

DOX V. STATE OF WISCONSIN.

Field notes, The fact that the returns do not show the land to be of the character granted is not conclusive as against the State even though the field notes of survey nave been adopted as the basis of adjustment.

The decision of a commission, appointed by the State and the General Land Office,, as to the character of a tract of land, is subject to review, aitd does not preclude the Department from resorting to other evidence in order to reach a satisfactory conclu- sion.

An entry made in good faith, but found to embrace a tract of swamp land, may stand intact as to the remainder, or be canceled with the right to repayment. (10> L. D. :i9 ; January 15, 1890.)

ST. LOUIS, IRON MOUNTAIN, AND SOUTHERN RAILWAY COMPANY V. STATE OF ARKANSAS.

Ad of Mareh 3, 1857. Swamp selections of vacant unappropriated lands, reported to the Commissioner of the General Land Office, prior to the act of March 3, 1857, were confirmed t6 the state by the provisions of said act. (10 L. D., 45; January 20, ISUO.)

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238 REPORT OF COMMISIJIONEB OF QENERAX. LAND OFFICE.

STATB OF ILLINOIS (OHAMPAIGN COUNTY).

Indemnity under acts of March % lb&5, and March 3, 1857.~The claim of the State ahoald not be rejected on the report of a special agent, but if the faotfi set forth therein are euffloleDt to Justify a doubt as to the correctness of the proof submitted, a further investigation should be ordered.

When the State has submitted proof, in accordance with the regulations then in force, the General Laud Office should render judgment thereon, if the proof is raf- ficient to clearly show the character of the land ; but if such proof is insufficient, or other facts in the case suggest doubts as to the correctness thereof, then a further in- vestigation may be directed.

In adjusting the claim of the State to indemnity, the character of all tracts npon which proof is submitted should be determined, but separate lists should be made of tracts sold for cash, and those located with land waxTants or scrip. (10 L. D., 121 ; February 8, 1890.)

STATE OF ARKANSAS V. FORBES ET AL.

Confirmatory act of March 3, 1857. Swamp selections made and reported to the General Land Office prior to the act of March 3, 1857, were confirmed by said act irre- spective of the character of the land, if it was at that date vacant and unappropri- ated. (10 L. D., 163 ; February 17, 1890.)

fiTATE OF ARKANSAS V, ST. LOUIS, IRON MOUNTAIN AND SOUTHERN RAILWAY COM- PANY.

Bailroad grant^Swamp land certification.— Where title to a tract of land has passed to the State under the railroad grant, no action should be taken by the department looking toward the issuance of patent to the State for the same land under the swamp |(rant.

On a reconveyance by the State of lands erroneously certified thereto, the land department has authority to make new title under the proper law. (10 L. D., 165 ; February 14, 1890.)

CALLANAN ET AL. V, CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY COMPANY.

Swamp grant^Indian lands, The grant of swamp lands to the State of Ipwa is a ffrant inpreBentif and the fee of all swamp and overflowed land within her borders at the date of the act passed to the State subject to the right of Indian occopancy, and such right being extinguished, the right of possession attached to the fee eo inetanUy and without further grant. (10 L. D., 285 ; March 4, 1890.)

BOYD V, STATE OF OREGON.

Charader of land, The grant of swamp lands to the State included such landa as were from their wet and swampy condition not susceptible to cultivation without artificial drainage. (10 L. D., 315 ; March 14, 1890.)

MOYLAN v. STATE OF OREGON.

Periodxoal overflow, Periodical overflow that subsides in time for cultivation does not render the land subject to the swamp grant. (10 L. D., 321 ; March 15, 18J0.)

STATE OF MISSISSIPPI.

Act of March ^^ 1857. fiepaymait.— If patent has issued to individual grantees for lands that are in fact subject to 'the swamp grant, the remedy of the State is in the courts.

Swamp lands included within the alternate sections reserved to the United States from the grant to the State for railroad purposes did not pass under the subsequent act of September 2^, 1«50.

Lands thus excepted from the swamp grant were not confirmed by the act of March 3, 1857.

If the State sells a tract of land claimed by it under the swamp grant, and it sab- sequently appears that said land was not included within said grant, the bolder of such title has no claim against the United States for repayment: (10 L. D.. 393; April 2, 189U.)

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STATE AND TERRITORIAL GRANTS. 239

STATE OF OHIO. (ON BBVIEW.)

Indemnity act of March 3, 1857. The swamp lands inolnded within the alternate (sections reserved to the United States from the grant to the State for oanal purposes did not pass under the subsequent grant of swamp lands, and no indemnity can be allowed therefor.

Lands thus excepted from the swamp grant are not within the confirmatory pro- visions of the act of March 3, 1857, as said act does not enlarge the original- grant, but as to said grant only confirms selections of land granted thereunder. (10 L. D., 394; April 2, 1890.)

STATE OF ILLINOIS.

Act of March 3, 1857.— Following the decisions rendered in the two preceding cases, the claim of the State of Illinois to certain lands under the swamp grant is rejected. (10 L. D., 398 ; April 2, 1890.)

STATE OF ILLINOIS. (DOUGLAS COUNTY.)

Cash {ndomniijr*— Section 2482 of the Revised Statutes does not provide for cash indemuitv where swamp lands have been located by warrant or scrip. (10 L. D., 446; April 12,1890.)

SECRETARY'S DECISIONS RELATIVE TO EDUCATIONAL AND INTERNAL IMPROVEMENT GRANTS.

I.— SURVEYS.

(1) Fixing tittc^The sniyey in the field attaches the title of the State to granted sections, the vesting of title not being postponed until filing of the plat. (Odillon Marceau, 9 L. D., 554.)

(2) Mineral land, ^The discovery of mineral in a school section after attachment of the State's title by snrvey does not divert that title. (Abraham L. Miner, 9 L.D. , 408.;

(3) When indemnity maw he BeUeted, If the exterior lines of a township are sur- veyed so as to ascertain the fact and amount of loss of school land, indemnity may be selected although the township is not subdivided. (State of Oregon, 10 L. D., 498.)

(4) Seleetian before surveg. ^A selection made before survey of the basis is voida- ble, but not void, and becomes valid, in the absence of au intervening claim, when a snrvey is made showing loss of school land. (Harvey vs. California, 10 L. D., 217. J

(5) So an internal improvement selection of unsurveyed land is validated by re- newal of the application to select after snrvey. (Id.)

U.— USB OF RESBRVED LAND.

(6) JPV^r cemetery pwrpoeee. ^The department can not authorize the use for cemetery purposes of land reserved for schools. (Sidney Clark, 9 L. D., 333.)

UI.— PRIVATE CLAIMS.

(7) Passage under school ^raitte.— Land in a private claim suh judice at date of the school grant becomes subject thereto upon final rejection of the claim. (Isham M. Barnard, 9 L. D., 553.)

(8) Indemnity for.— 'The State of Louisiana is entitled to indemnity for school sec- tions included in confirmed private claims. (State of Louisiana, 9 L. D., 157.)

iy.-*SELECnON,

(9) IniUati^s right.— The State has no right to any specific tract as indemnity prior to its selection thereof. (California v. Sevoy, 9 L. D., 139.)

(10) Limitation of time.— The provision in the act of March 3, 1875, requiring the State of Colorado to make her selections of salt springs within two years after ad- mission to the Union, is directory only and not mandatory ; and the grant is not forfeited by failure on the part of the State to select within the time limited. (State of Colorado, 10 L. D., 2SS.)

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240 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE,

(11) Efect of. A peDrting unapproved selection does not bar the State from claim- ing the basis tract in place. (Isham M. Barnard. 9 L. D., 553.)

(12) Is a bar to entry. (Alice C. Whetstone, 10 L. D., '^GS.)

(1.3) Though invalid, reserves the land from an executive withdrawal for the bene- lit of a railroad company. (Railroad v. Clime, 10 L. D., 31.)

(14) Second aeUetion.—A second selection upon one basis is invalid; but in the ab- sence of an adverse claim to the later selection it uiay be cured by relinquishment of the former. (L. B. Rinehart, 10 L. D., 303.)

(15) Adjustment of tndemntty.— Selections must be balanced against specific loflses, so that each township shall receive indemnity to the area of its proper deficit. (State of Oregon, 10 L. D., 498.)

(16) Territorial ttwit'erMfy.— Territorial university selections under the act of Feb- ruary 18, 1881, until approval, are subject to the control of the Department, and may be set aside to avoid hardship upon innocent settlers. (George Hoge, 9 L. D., 232.)

v.— DOUBLE MINIMUM LANDS.

(17) Uitivei-fdty selecHona. On January- 4, 1890, this office submitted for approval a list of nnivernity selections made by the Territory of Arizona under the act of Feb- ruary 18, lb81, and askin|( attention to the fact that some of said selections were of lands held at double minimum price, recommended approval thereof notwithstanding that fact. The list was approved by the Secretary of the Interior on Janaary 8, 1890, and by the President on January 11, 1890. This action is understood to overrule the holding of this office that double minimum land can not be taken in satisfaction of the Territorial universitv grant, announced in a letter to the register and receiver at Lewiston, Idaho, November 17, 1888. (See last annual report, p. 172.)

VI. ^APPROVAL.

(18) Passes title, Approval of State selections, where issue of patents is not pro- vided for, passes title from the United States, and the Department can not cancel approved selections or dispose of the land. (Hendy vs. Compton, 9 L. D., 106 ; Cali- fornia V. Boddy, 9 L. D., 636).

VII.— RIGHTS OP 8KTTLKRS.

(19) Under act of February 22. 1889.— The act of February 22, 1889, provhtine for the admission of the States of North Dakota, South Dakota, Montaniii, and WahOing- ton, deprives settlers upon school sections in said States before survey thereof of the benefits of section, 2275 Revised Statutes, and the land in such cases is subject to the- school grant irrespective of settlements made before survey. (Secretary Noble to the Commissioner of the General Laud Office, February 20, 1890, not reported.)

(20) Selected land. ^The fact that land selected by the State had been occupied be- fore or at the date of survey or of selection can not be urged to defeat the selection except by the original settler. (Alice C. Whetstone, 10 L. D., 263.)

(21) Settltment before survey. —-The light of the State to school sections is vested upon survey in the field ; and one who settled between the time of actual survey and the filing of the plat can not claim against the State. (Odillon Marceau, 9 L. D.. 554.)

(22) Ejten t of exception from granU-^K setllement before survey upon part of a school section does not except the entire section from the grant or reservation, but only the portion occupied. (Gonzales vs. Town-site of Flagstaff, 10 L. D., 348.)

(23) .^franaonm^n^^If a settler before survey upon a school section abandon his holding, a settler subsequent to the survey or other third party can not set up the fact of prior settlement to defeat the grant or reservation. (Abraham L. Miner, 9 L. D., 408; Gonzales vs. Town-site of Flagstaff, 10 L. D., 348; Michael Dermody, 10 L. D., 419.)

VIII.— ACT OF MARCH 1, 1877.

(24) Scope o/.— This act confirms an approved selection which would otherwise be invalid, because made in lieu of school land not included in the final survey of a Mex- ican grant. (State of California, 9 L. D., 208.)

(25) It protects purchases made after as well as before the date of the act. (Hen- dy V. Compton, 9 L. D., 106.)

(26) Innocent purclkoser. A mere applicant to purchase is not an innocent purchaser for valuable consideration withiu the meaning of the act. (Id.)

(27) Constructive notice.— Official notice to the State of the invalidity and cancella- tion of a selection is sufficient to preclude a purchaser from the State from claiming the character of an innocent purchaser. {Id.)

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STATE AND TERRITORIAL GRANTS. 241

IX.~€ONTBST8 AOAIK8T SELEOTIONS.

(88) Speccificatian of errors. The presumption is in favor of the validity of selec- tions. Persons attacking them mnst specify the element of invalidity relied upon, and support their allegations by reference to matters of record or by properly pre- sented evidence. The General Land Office is not bound to pass upon general allegations of invalidity. (Alexander Allen , not reported).

COMMISSIONER'S RULINGS RELATIVE TO EDUCATIONAL AND INTERNAL IMPROVEMENT GRANTS.

The following are new rulings made by this office daring the past year npon questions arising in the adjustment of State and Territorial grants.

I.— LAKD SUBJECT TO THE SCHOOL GRANT.

(1) SeUotion hosed upon erroneous survey. ^Where indemnity bad been selected for a eobool section represeinted to be under water, and a resnrvey showed the presence of land in that section, the selection of indemnity barred the State from claiming the newly-disoovered land under the school grant, and such land is subject to entry under the laws of the United States. And though the resnrvey so increased the area of the township as to entitle the State to additional school land, the right to additional land does not attach to the newly-discovered land in the school sections, but is a float, to be satisfied by selection. (To register and receiver, Lakeview, Oregon, Oc- tober 29, 1889.)

(2) Unsurveyed land, The right of the State or Territory utSder the school grant does not attach before survey; and hence unsurveyed land, though supposed to be part of a school section, can not be leased so as to Justify the lessee in inclosing it or otherwise maintaining exclusive occupation against settlers. (To Almeda Hilton, August 9, 1889.)

(3) Islands, An island in the Wabash River, lying between land granted to the State on one bank and land granted to Indian reservees on the other, has passed from the United States under one grant or the other, and the present ownership of such an island is a question of private riparian right which this office has no authority to de- termine. (To the auditor of Indiana, August 8, 1889.;

(4) An island in the Missouri River within the exterior boundaries of a school section passes to the State under the school grant. (To R. B. Oaples, January ir>, 1890.)

II.— RBSERVATIOKS.

(5) Indemnity for school lands in Indian reservation, The State of Oregon i8|entitled to select indemnity for school sections in permanent Indian reservations. (To register and receiver, Oregon City, Oregon, September 24, 1889.)

(6) Military reservations. While in general, sections 16 and ^6 in abandoned mili- tary reservations are subject to the school grant, as held in the case of George Tim- mermanu (7 L. D.,548), yet where buildings situated on such sections have been sold prior to dissolntion of the reservation, the purchasers of such buildings are entitled to claim the subdivisions npon which they stand upon paying the appraised value as prescribed by the act of July 5, 1884, the preference right allowed to such pur- chasers by said act being superior to the claim of the State. (To register and re- ceiver, Cheyenne, Wyo., June 5, 1890.)

III.— MINERAL LAND.

(7) Indomniiy for,^Vnder the act of February 22, 1889, the States of North Dakota. South Dakota, Montana, and Washington are entitled to claim indemnity for mineral land in school sections ; and certain selections In lieu of such laud made by the Ter- ritory of Washington, and held for cancellation as unauthorized under the law then existing, are held to be validated by the act of Febrnary 22, 1889. (To register and receiver, Seattle, Wash., March 29, 1890.)

IV.— SELECTION OF DOUBLE MINIMUM.

(8) For double minimum lost, Double minimum indemnity may be selected for lost land held at double minimum price ; and this whether the basis was enhanced in

Erice before or after survey, overruling the holding in the case of B. W. Coiner (15 C. I. O., 274). (To register and receiver, Seattle, Wash., March 29, 1890.)

9405 L O 16

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242 REPORT OF COMMrSSIONER OF GENERAL LAND OFFICE.

v.— REQUISITES OF VALID SELECTIONS.

(9) ContiguUy. Under the school grant to Colorado, which requires the ffranted lands to be sold for not less than |2. 50 per acre, the collateral requirement that in* demnity shall be found *' as contiguous as may be " to the place of loss, is not to be construed as restricting selections to the lands absolutely nearest, but to the nearest lands salable at $2.50 per acre (To register and receiver, Pueblo, Colo., August 16, 1889. )

(10) Excessive aelecHons.—A selection in excess of the basis assigned made prior to the circular of July 23, 1885 (4 L. D., 79), can not be objected to on account of the excess, if the aj2:gregate of selections in the list or the series of lists does not exceed the aggregate of bases. (To register and receiver, Seattle, Wash., July 3, 18o9»)

(irj Even under the circular of July 23, 1885, an inconsiderable excess does not ip validate the selection. (To register and receiver, Seattle, Wash., July 3, 1839.)

(12) The selection of indemnity in excess of the actual deficit in any township can not operate to defeat the title of the State to school land in yilace. (To register and receiver, Seattle, Wash., August 19, 1889.)

VI.-— RELINQUISHMENT OF SELECTIONS.

(13) Not allowed, Relinquishment of lands selected will not be allowed merely be- cause other lands more desirable have since become subject to selection. (To F. O. Sawin, July 31, 1889.)

VII. TRESPASS ON SCHOOL LAND.

(14) Taking of 8/oiie»— The taking of stone from a school section in Oklahoma is trespass and will render the offender liable to criminal prosecution and also to suit for the value of material taken. (To T. C. Rico, August 8, 1889.)

VIII.— RIGHTS UNDER SELECTIONS.

(15) Entries upon selected land.— The local officers have no power to admit cntnes upon selected land, though they may consider the selection invalid. Applications to enter must be denied, and objections to the«ralidity of the selection maybe urged upon appeal to this office. (To register and receiver, Seattle, Wash., February 6, 1890.)

(16) Expired filings.— 'Where laud is selected upon which filings have been made #nd have expired, the makers of such filings should be called upon to show cause why the land should not be conveyed to the State. (To register and receiver, Lake- view, Oregon, October 21, 18S9.)

(17) Adjoining farm and additional entries.— One claiming the right to make an adjoining farm or additional entry can not claim the benefit of the third section of the act of May 14, 1880, so as to defeat a State selection made prior to his application to enter. (To register and receiver, Montgomery, Ala., June 30, 1890.)

IX.— PURCHASE UNDER ACT OF JUNE 15, 18=0.

(18) One whose entry upon a school section has been canceled for illegality can not defeat the grant or reservation in favor of schools by an eiitry and purchase under the act of June 15, 1880. (To register and receiver, Salt Lake City, Utah, April 9, 1890. )

X.— TRANSFER UNDER SECTION 2288, REVISED STATUTES.

(19) A transfer made by an entrynian before final proof to a school or college for the purpose of sale would vitiate his claim and not inure to the benefit of the grantee. ''The section is understood to authorize the dedication of such portion of the land as is necessary for the site of a church or a school -house, or for actual burial of the dead; and transfer for the purpose of endowing a corporation would doubtless be considered evideiieo of bad faith." (To James Murray, February 11, 1890).

XI.-COXTESTS AGAINiJT SELECTIONS.

(20) Serrice^of notice. When contests are instituted against State selections, notice must be served upon the proper representatives of the State. (To register and re- ceiver, Seattle, Wash., August 14, 1889.)

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STATE AND TERRITORIAL GRANTS. 243

XII— PONCA INDIAN RESERVATJON. ORRAT SIOUX RK8ERVATI0N— SCHOOL LANDS.

Thesixteentb and thirty-sixth sections in tiie country in Dakota opened to entry by the act of March 2, 18d9, are granted for schools, and the title to saoh sections within the existing reservations for tiie Sioux Indians will inare to the States for schools if, upon cession of the unallotted lands and extingnishmeut of the* Indian title, they shall be found excepted from allotment.

In the Ponca Reserve, which formed a part of the Great Sioux Reservation, and is included in the country to be taken from Dakota and annexed to Nebraska, there is no grant of the sixteenth and thirty-sixth sections in place to the State of Nebraska, but upon extinguishment of the Indian title the State will become entitled to school indemnity, and it may then select it in the usnal manner. (To Mr. John Steen, com- missioner of public lands and buildings. State of Nebraska, Lincoln, Nebr., May 21, 1890.)

I have considered your communication of the *^th of last February, with reference to theisixteenth aud thirty-sixth sections in that portion of the Ponca Indian Reserva- tion contemplated to be added to the State of Nebraska by the act of March 2S, lSri2 (22 Stat«., 35), and the act of March 2, l**89 (25 Stat., 888), and also with reference to the question whether the State, when the annexation of said tra^t shall have been finally consummated, will be entitled to indemnity for schools in the event that a de- cision be reached that said numbered sections therein have been otherwise disposed of by Congress.

Responding to that portion of your inquiry respecting the progress of the surveys in said tract, I would state that the eastern portion has been surveyed and the west- ern portion is under contract for survey, and in the eastern part a few allotment snr- veys have been made for the Indians. The matter of the snrveyH need not be dwflt upon in connection with4he condition of the tract with reference to the school grant to the State of Nebraska.

The act of 1«82 provides that " when the Indinn title to the lands thus described shall be extinguished the jurisdiction over said lands shall be, and hereby is, crded to the State of Nebraska, and subject to all the conditions and limitations provided in the act of Congress admitting Nebraska into the Union, and the northern bound- ary of the State shall be extended to said forty-third parallel as fully aud effectually as if said lands had been included in thJbonndaries of said State at the time of its •Amission to the Union ; " and it is also therein ]»rovided th.it the act, " so far as juris- diction is concerned, shall not take effect until the President shall, by proclamation, declare that the Indian title to said lands has been extinguished." This propositiou was assented to and accepted, in conformity with the act by which it was made, by the legislature (»f the State of Nebraska, on May 2*3. »1882 (Laws of Nebraska, 1882, extra session, 56).

The act of March 2, 1889 (25 Stat., 88^), among other things provides for the estab- lishment of defined Indian reservations to be carved out of the Great Reservation of the Sioux Nation in the Territory of Dakota, within which allotments of lands are to be ntade to the Indians in severalty, after which the vacant lands are to be held by the United States (see section 12) for the sole purpose of securing homes to actual set- tlers **on such terms as Congress shall prescribe, subject to orrants which Congress may make in aid of education," and all the lands in the Great Sioux Reservation outside of the separate reservations carved out as aforesaid, are by this act declared restored to the public domain, with certain exceptions, and made subject to home- stead appropriation (section 21), except sections IH and 36 (see section 24), which are reservetl, for schools, whether surveyed or unsnrveyed.

It will be observed that no special reservation of the sixteenfli and thirty-sixth sections for schools in the existing separate reservations tor the Sionx Indians is made by this act, the matter of the disposition of the remaining lands upon extinguishment of the Indian title having been reserved for separate legislation. Undoubtedly Con- gress intended, in framing the bill, that all the lands in these reservations should first be made subject-to allotment to the Indians, and then upon a cession of the re- maining lands, as in the act provided, it would be for (Jongress to say what disposal should be made of the vacant lands, including the sixteenth and thirty-sixth sections, in the absence of any previous legislation looking thereto ; but Congress had, prior to the approval of the act of March 2, 1889, expressed the will of that body as to these sections in the tenth section of the act of Febrnary 22, 1889 (25 Stat., 676), admitting four States into the Union, including North Dakota and South Dakota, as follows:

"That the sixteenth and thirty-sixth sections embraced in permanent reservations for national purposes shall not, at any time, be subject to the grants nor to the in- demnity provisions of this act, nor shall any lands embraced in Indian, military, or other reservations of any character be subject to the grant-s or to the indemnity pro- visions of this act until the reservation shall have been extingnished and such lands be restored to and become a part of the public domain.''

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244 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

The sixteenth and thirty-sixth sectious, therefore, in the country in Dakota opened to entry by the act of March 2, 1889, are granted for schools, and the title to such sections within the existing reservations for the Sioux Indians will innre to the States for schools, if upon cession of the unallotted lands and extinguishment of the Indian title they shall be found excepted from allotment.

The country to be annexed to Nebraska includes the Ponca Indian Reservation within larger exterior boundaries, and has been a part of the Great Sioux Indian Res- ervation..

I have elaborated somewhat the question of the status of the school sections in the Great Sioux Indian Reservation in Dakota, in order to show that the express reserva- tion of the sixteenth and thirty-sixth sections for schools by the tweuty-ionrth section of the act of March 2, 1''89, relates exclusively to the land:} thereby opened to settle- ment and entry. The language is, " that sections 16 and 36 of each township of the lands open to settlement under the provisions of this act, whether surveyed or unsor- veyed, are hereby reserved for tbe use and benefit of the public -schools," etc. The act refers to the lands open te settlement, and not those to be opened in the future under section V2 thereof, nor the Ponca Reservation which forms in part the subject of the legislation Ci>utaiued in section 13 thereof, and consequently it has no applica- tion to tbe latter, the disposal of which is provided for in the section last above men- tioned as follows :

** Each member of the Ponca tribe of Indians now occupying ap^irt of the old Ponca Reservation, within the limits of the said Great Sioux Reservation, shall be entitled to allotments upon said old Ponca Reservation as follows : To each head of a family, 320 acres; to each single person over eighteen years of age, one-fourth of a section ; to ^ch orphan child under eighteen years of age, one- fourth of a section ; and to each other person under eighteen years of age now living, one-eighth of a section, with title thereto and rights under the same, in all other respects conforming to this act. And said Poncas shall be entitled to all other benefits under this act in the same man- ner and with the same conditions as if they were a part of the Sioux Nation receiving rations at one of the agencies herein named. When allotments to the Ponca tribe of Indians and to such other Indians as allotments are provided for by this act shall have been made upon that portion of said reservation which is described in the act entitled * An act to extend the northern boundary' of the State of Nebraska,' approved March 28, lUd2, the President shall, in pursuance of said act, declare that the Indian title is extinguished to all lands described in said act not so allotted hereunder: and there- upon all of said land not so allotted and included in said act of March 28, 18^, shall be open to settlement as provided in this act : Provided, That the allotments to Pone* and other Indians authori2ed by this act to be made upon the land described in the said act entitled ' An act to extend the northern boundary of the State of Nebraska, Iball be made within six months from the time this act shall take efiect.''

This legislation is in harmony with that regarding the subsisting Indian reserva- tions in Dakota, in not interposing a bar to the allotment of the sixteenth and thirty- sixth sections to the Indians. The reservation is small, and it may take nearly all the good land therein to satisfy the claims of the Indians, and this consideration may have intiuenced Congress in adopting this legislation. It is clear, too, that upon the extiu^uisbmentof the Indian title, '^ all of said land not so allotted and included in said act of March 28, 1882, shall be open to settlement as provided in this act." There is no exception to this ])rovision ; it embraces all the land not allotted, including the sixteenth and thirty-sixth sections, if any shall remain. There is, therefore, no grant of the sixteenth and thirty-sixth sections in the Ponca Indian reservation in place to the State of Nebraska for schools.

The next question to be considered is whether, upon tbe annexation of this tract of country to Nebraska, and the extension of the jurisdiction of the State oyer it aa by law provided, the State will be entitled to other lauds for schools inlieii of the six- teenth and thirty-sixth sections within it. The answer to this question is found in the language of the act of 1882, above quoted. The cession of the country to Nebrai^ka is made '* subject t-o all the conditions and limitations provided in the act admitting Nebraska into the Union." And the northern boundary of the State is ex- tended so as to include it '* as fully and effectually as if said lands had been included in the boundaries of said Stat£ at the time of its admission to the Union." This tract is therefore to be treated as if it had been a part of Nebraska ever since admission of the State to the Union so far as the conditions and limitations of the act enabling the State to be so admitted are concerned. (See act of April 19, 1864, 13 Stat., 47.) One of the conditions accepted by the State, as it was offered by the United States, was (see seventh section of this act) that sections 16 and 36 in every township, *'and when such sections have been sold or otherwise disposed of by any act of Congress, other lands equivalent thereto, shall be, and are hereby, granted to said State for the support of common schools." It matters not that the grantee only now conies into existence; the tract is made a part of Nebraska as effectually as if it originally formed a part of tbe State, and hence participates in the donations of

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STATE AND TERRITORIAL GRANTS.

245

lands for varions jiurposes made by the act of admission. Congress has provided that all the lands in the Ponca reservation are to be disposed of otherwise than for schools, and the townships, in order to be placed on a footing witli the other town- ships in the State as the acts of 1882 and 1889 contemplate, will, upon proclamation by the President of the extingaishment of the Ijidian title, be entitled to school in- demnity, and the State may then select it in the prescribed manner.

SWAMP LANDS. .

Statement exhilnting the qtutntity of land selected far the several States under acts of Con- gress approved March 2, 1849, and September 28, 1850 {section 2479, Rtvised Statutes)^ and March 12, 1860 (section 2490, Revised Statutes), up to and ending June 30, 1890.

Third quarter.

1889.

1890.

Tear ending June 30, 1800.

Acres.

Total since date of grant.

Statee.

Fourth quarter.

First quarter.

Second quarter.

Acres.

AUbf^mft ....r....

Acres,

Acres.

Acres.

Acres. 531, 355. 60

Arlrsneiia .

8. 665, 210. 10

Gallforoia

1, 883, 665. 00

noridA

850.89

ii9.62

070.51

22.222,430 60

inipoW , .

3. 081, 784. 10

Indiana

;:;;:;::::::::::::::

1, 377, 727. 70

Iowa

4, 667, 050. 38

LonlaUina fact of 1849)

182.28

182.28

11,214,006.32 554, 460. 61 7,203,150.28 4,394.663.12 3, 602, 863. 30

Loutolana (act of 1850)

Jfiohiffan

Minnenota

9,848.35

5,410.18

15,253.63

HiMlMippI

MiKSouri..

4,843,6^.34 116, 766. 28

Ohio

2,380.96

479.26

2.810.21

410, 671. 86

Wisconsin

4, 567, 123. 87

Total

2,830.96

1,880.14

9,843.35

5,712.68

18, 216. 53

80,218,410.21

Statement exhibiting the quantity of land approved to the several States under acts of Cm* gress approved March 2, 1849, and September 28, 1850 (Mc^n 2479, Revised Statutes), and March 12, 1860 (section 2490, Revised Statutes), up to and ending June 30, 1890.

1880.

1800.

Year endinir June30, 1800.

States.

Third qnarter.

Fourth quarter.

First quarter.

Seoond qnarter.

Acres.

date of crant.

Alabama :

Acres.

Acres.

Acres.

Acres.

Acres. 414,310.31 7, 671. 101. 21

Arkansas

160.00

2,810.80

83,040.15

160.00

8,073.02

50,000.66

40.00

California

Florida

i 760. 00 20,820.40

2,022.72

1,480.00 ^2S(b.02

1,758,602.80 16,877,810.64 1.493,718.25 1,26M07.87

983,562.00 8,708.688.48

257,604.08 6,728,922.91 3,051,692.46 8,325,437.77 4,496,816.49 26. 660. 71

nUnolB

40.00

Indiana

Iowa

160.00

280.00

440.00

£onialana (act of 1849)

Louisiana (act of 1860)

Miohiww . .T. . . ..!!!. .i:.;;

Hinnesota

MIm^W Ippf .....

406.54

406w64

MiasoSi..... ::.:.....;.:.. .

Ohio

Oregon

0,058.64

25,007.78 17,005.52

806.33

4,011.15

40,865.85 17.005.52

248,993.85 3,348,132.99

Wisoonsin

^

Totol

46,078.00.

66^402.74

3,627.68

10,002.07

126^990.49

59.100,462.67

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246 REPOPT OF COMMISSIONER OF GENERAL LAND OFFICE.

Skitement exhibiting the quantity of land patented to the several States under the acts of Congress approved September 28, IH50 {section 2479, Revised Statutes)y and March 12, 1860 (section 2490, Revised Statutes) ^ and also the quantity certified to the State of Lou- isiana under act of March 2, 1849, up to and ending June 30, 1890.

1880.

1800.

Year ending June 30, 1800.

Total since date of grant.

3l»te8.

Thinl quarter.

Fourth quarter.

First 1 Second quarter, quarter.

Acres. ' Acres.

AlftbAmft , rxr.r,

Aeres,

9M.42

2,156.38

Aertt.

Acres.

090.42 3,483.02 4, 062. 00

Acres. 0411,180.26

ArkftDsas

1, 326. 64

8,042.00

38, 810. 17

:::::::: 1::;::;::

120.00

14,150.60 1

7 617, 709. 36

California

1. 460. 4110. 2S

Florida

en.oi

53, 505. 76 616- 1 U- 72fi. 71

IlliDois

' 40. 00

40.00

cl, 455, 641. 46

Ind iana

dl. 257, 863. 05

Iowa

411.18

80.00

86.'o6 1 ii3.65

685.13

el, 183, 020. 33

Louisiana (act of 1849)

8, 708, 588. 53

Louisiana (act of 1850)

2,048.17

2,048.17

/228, 120. 40

1^5,667,304.64

2,800,502.81

3, 260, 153. 20

Miohif^an

Minnesota

40.66

45.56

406.54

85.56

406.54

3,082.28

Mississippi

Missoiirl..

3.222.28

80.00

680.00

A3, 416, 53L 27

Ohio

25, 640. 71

Oregon

215.84

32,083.68 2,035.70 2,077.87

36,085.22 2, 077. 87

140,082.80 i 3, 332, 900. 51

Wisconsin

Total

7,622.11

44.2fa71

61,237.60 , 6,203.38

100,351.80

67,200,824.40

a 1,008.64 acres of this is contained in indemnity imtents under act of March 2, 1856. b 56,864.85 acres of this is contained in indemnity patents under act of March 2, 1855. 0 2,800.07 acres of this is contained in indemnity patents under act of March 2, 1855. d 4.880.20 acres of this is c(intained in indemnity patents under act of March 2, 1856. e 821,505 23 acres of this is contained in indemnity patents nnder act of March 2, 1855. / 2,048.17 acres of this is contained in indemnity patents under act of March 2, 1856. a 18,083.03 acres of this is contained in indemnity patents under act of March 2, 1856. A 74,517.05 acres of this is contained in indemni^ patents under act of March 2, 1865. i 105,047.00 acres of this is contained in indemnity patents under act of March 2, 1855.

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L.— DRAUGHTING DIVISION.

In this division is performed all the draughting required by the Gen- eral Land Office, and the platting of snrveys and calculation of areas of public lands when required. It has the custody of all official field- notes of surveys of the public domain, and plats and maps (including photo-lithographic copies) relating thereto. Maps of the United States and of States and Territories are compiled in this division from official surveys. Maps, diagrams, copies of plats, and tracings are prepared and constructed for individuals and for departmental and other official purposes.

In reference to the work done during the fiscal year ending June 30, 1890, the following is reported, viz:

The map of the United States was revised and corrected, sad an edi- tion of 14,000 copies is now being printed.

Maps of Mississippi, North Dakota, South Dakota, Nebraska, Sioux Indian Eeservation, and Territ>ory of Oklahoma, were compiled, and tracings for publication made of Mississippi, North Dakota, South Da- kota, Nebraska, Sioux Indian Reservation, and State of Washington. The Mississippi and Nebraska maps are now in the publishers' hands.

The maps of California, Missouri, Indian Territory, and Kansas are in process of compilation.

Tracings for maps of California and Territory of Oklahoma are being made.

Two hundred and ninety-seven, railroad maps have been examined and reported upon.

Six hundred and seventy- three railroad maps have been prepared with land-district designations.

One hundred and ninety-one certified copies of maps, plats, and diagrams have been constructed and fees collected to the amount of $669.35.

For office use there were four hundred and eighty-two maps and tracings made or prepared.

Forty- one copies of plats on drawing paper have been constructed for local land offices.

Seven thousand eight hundred photo-lithographic copies of plats have been sent to applicants, and fees received to the amount of $2,300.16.

Three thousand five hundred and ninety-six photolithographic cop- ies of plats have been verified, certified, an(t sent to surveyor-generals^ registers, and receivers, and State officers.

One hundred and ninety-seven volumes of field-notes harve been pre- pared for binding and properly indexed, of which number sixty-eight volumes have been bound and placed in the files.

Seventy-nine volumes of plats of surveys have been arranged, in- dexed, and bound.

Plats of new surveys to the number of five hundred and ninety-nine have been examined, entered upon the working diagrams, and filed for reference.

247

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248 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

Six handred and forty -niue letters were received, and four hundred and fifty- seven letters were written.

Under a contract for photo-lithographing worn, defaced, and needed plats, five hundred and sixty-five tracings were examined and sent to the contractor. Of these, there have been returned four hundred and sixty-five, with fifteen paper copies of each, in all six thousand nine hundred and seventy-five copies of plats.

The work of properly filing and labeling the seven hundred thousand photo-lithographic plats in the custody of this division has been in progress during the year, or since September 1, 1889, and now very nearly completed.

A great amount of miscellaneous work not classified, such as com- putation of areas, explanations referable to lines of surveys, and the correct reading of plats has constituted a very considerable part of the labor of this division.

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M.— DIVISION OP ACCOUNTS.

The chief of this division reports that when, on the 16th of July, 1889, he was appointed chief and assnmed the duties thereof, he found a great accumulation of official work in arrears, which was greatly due to mistaken methods and practices which obtained in the division, and which, in his judgment, obstructed rather than facilitated the transac- tion of business; that he found that much valuable time consumed in counting ^^ testimony " in final proof cases, six clerks being engaged on this work <' guarding" against (as styled by the late administration^ gross irregularities, which, in his opinion, were improbable or impossi- ble. Thus a number of clerks were employed on duties which in no man- ner hastened the disposition of pressing business. This unnecessary and useless practice was discarded and the clerks placed upon more important work.

Six clerks were engaged on the adjustment of the accounts of re- ceivers and disbursing agents (one hundred and seven offices), which, accounts were adjusted quarterly. Placing three of the best account- ants on this work, all the work of adjustment of these accounts was given them and they were able, without special eflorr, to keep the work up to date. But since the recent decision of the Attorney Gen- eral, dated May 12, lb90, requiring the adjustment of the ^^ accounts of disbursing agents and others," monthly, the chief is of opinion that this will require three additional accountants to his present force. Al- though the order above referred to will necessitate the rendition of three times as many accounts as heretofore he is satisfied that with six first-class accountants he will be able to keep tfiis work up to date.

He expresses the opinion that the greatest trouble this office encoun- ters in the adjustment of accounts of receivers and disbursing agents, is in obtaining " warrants" from the Treasury Department upon which credit can be given receivers and disbursing agents for moneys depos- ited by them. It is uAually from sixty to ninety days after a deposit has been made before a warrant issues (only upon which credit can be given). If this office were able to get these warrants promptly after a deposit had been made, or if credit could be given upon certificates of deposit, issued by the depository in which the money is placed, which are immediately forwarded to this office, the office would be able to ad- just all of the accounts of receivers and disbursing agents within ten days after reaching this office. So that parties doing business with and for the Government under this bureau would know the exact status of their accounts within a short period of time, instead of waiting months and sometimes years as they are now compelled to do under the present method.

This is a matter of great importance and which, in his opinion, should be given careful consideration to the effect that proper legislation may be had and thus place the office upon a proper busincbs basis.

The Revised Statutes of the United States section 456, provide that

All retarqs relative to the public lands shall be made to the Commissioner of the General Land Office, and he shall have the power to audit all public accouuts rela- tive to public lands.

249

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0

250 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

This statate is executed by tlie Oommissioaer through the division of accounts, the duties of which embrace the atateoient, keeping, adjust- ment, and auditing of all accounts relative to the public lauds between the United States and the States, the CTaited States and the various Indian tribes, and the United States and individuals; the examination and docketing of all returns from the one hundred and seven local land offices; the advancej of public funds to disbursing agents in the public lands service; the compilation of tabular statements showing the disposal of the public domain, involving an amount of work that can not be estimated ; and the preparation of estimates for the neces- sary expenses of the land service for each fiscal year.

The following is a summary of the work performed in the division during the fiscal year ending June 30, 1890 :

Letters received 21, 101

Letters written 15,537

Accounts adjusted and audited 5,564

Duplicate certificates of deposit received and recorded 1.602

These accounts, covering $17,087,634.12, show receipts and disburse- ments, as follows :

RECBIPTS.

733 Quarterly accounts of receivers of public money |10, 186,754.00

27 Accounts of moneys collected on account of depredation on pub- lic timber 16,585.00

760 Total receipts 10,200,339.00

DISBDRSSMBNTS.

1874 Quarterly accounts of receivers, acting as disbursing agents 939, 876. 00

265 Quarterly accounts of surveyors-general, acting as disbursing

agents 267,790.03

37 State fund accounts 66:{,693.00

794 Repayment aoooun ts for land erroneously sold 57, 845. 24

3 State swamp-land indemnity accounts 19. 242. 53

II Re-imbarsement aocounto, act March 3, 1887 2, 545. 25

143 Accounts of deputy surveyors 97, 463. 10

56 Indian accounts 4,592,048.00

1611 Miscellaneous accounts, including those of inspectors and special

agents, and contingent transportation and other accounts 246, 791. 97

4764 Total disbursements 6,887.295.12

The work of this division is entirely up to date with the exception of the accounts of deputy surveyors. At the beginning of the fiscal year 1890 the adjustment of receivers' accounts was several months in ar- rears ; the Stat« fund and Indian accounts were from one to seven years in arrears. During the year just closed this \^ork has all been brought up, so that in entering upon the new year, commencing July 1, we were handling the current work as it came in.

The deputy surveyors' accounts are entirely independent of the dis- bursing a<5Counts of surveyors-general,, all of which are adjusted to date.

The repayment accounts for lands erroneously sold are promptly at- tended to as the applications for repayment arrive in this office.

This division prepares all estimates of appropriations required for the land service and also the reports relative to the expenditures of moneys appropriated.

A report of the condition of all appropriations appertaining to the surveying service, which shows the amount expended, the estimated liabilities outstanding, and the balance on hand of each of thirty sepa-

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ACCOUNTS.

251

rate appropriatious, is prepared weekly for the Secretary of the Inte- rior. These reports, with others required by various public officials, now form au important branch of the work of this division, and entail considerable lab^r upon the clerical force not heretofore required of them.

The following tables are submitted, including a recapitulation of the land business done in the several States and Territories during the past fiscal year, together with other tables of importance in connection with the sales and disposal of the public domain.

Statement $howing the amount deposited by individuals to cover the eo8t of office work in connection with the survey of mineral lands in the following districts during the fiscal year ending June 30, 1890.

DiBtrict.

AlukA

▲rixoDa

ArkansM

Californift

Colorado

Dakota (South)

Idaho

Montana

Anioant deposited .

8310.00

1,710.00

30.00

4,660.00

32, 804. 26

2, 430. 00

2, 637. 00

12,110.00

Nevada

New Mexico,

Oregon

Utah

WaahiDgton Wyoming...

Total..

Amount deposited.

11,970.00

1,600.00

415.00

6,063.00

1,486.00

90.00

60,264.2^

Statement skovnng the amount dmosited by railroads to cover the cost of field and office work in connection with the survey of public lands in the following districtSj during the fiscal year ending June 30, 1890.

Amonnt deposited.

District

Field work.

Office work.

Aggregate.

n^llfArnU

--f -.

176.86 1,080.88

16, am. 10

4,314.74

|2Swl2

886l07

8,601.18

589.84

IIOO. 48

Ti4nilriai>» . . . . r r.

2,816.40

Ml nmnOt# r . . t .. r r T T . -

17,608.20

TTtah

4,864.08

Total

21,827.58

3,451.71

84, 770. 24

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252 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

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^ ^ as s ^;s s 2 ^ sr:^s8 s s s 5 s^j s j^ 1

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55;2SS:?i

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^ m lA m •«<•-( f-i V *

o) 74 t^rjj Gc FT© o~

oiatinoo'^SiAiHO

SS9SSSS

S2SSSS5P5f!£S

eo" »-»«

■«♦ ^ o 06 eoV- ri •* w 10 00

«ec-«^ 15 to t- M <o ■* >g'

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ACCOUNTS.

253

JS^timaies of appropfiations required for the service of the fiscal year ending June 30, 1892^

hy the General Land Office,

Detailed objeoto of ezpenditnre, and explanations.

Estimated amount whiob I . will be ' reaairedfor

eacn detailed I ol\|ect of

erpenditure.

BALARIB8, OBITBBAL LAND OFFICS.

Commissioner, Oeneral Land Office (July 11, 1890; R.S.,p.7A, 8eo.446)... Aasistant Commiasioner (Jnly 7, 1884, July 11, 1890; toL 28, p. 180, sec. 1) ..

Chief clerk (Jnlv 11, 1890 ; R. 8.^ p. 74, sec. 440)

Additional to ohiei clerk (submitted).

Two law clerks, at $2,200 each (Mar. 3, 1875, July 11,1890; vol. 18, p. 364,

seel)

Three inspectors of snrveyors-fceneral and district land offices, at |2, 000

each (Aug. 5, 1882, July 11, 1890; toI. 22. p. 247, sec. 1)

One additional inspector of sarveyors-jseneral and district land offices,

at $2. 000. (Submitted)

Kecor«ler (July 11^890 ; R. 8., p. 76, sec. 447) :

Three principal clerks at the salary indicated by the figures opposite the names of the respective divisions: Principal clerk, private land claims, 12, 000 (Jnly 11,1890; R.S.,p.76, sec. '"'

Principal clerk, public lands, $2, 000 (July 11, 1890 ; R. 8., p. 76, sec. 448)

Principal clerk. Hurvevs, $2, OoO (July 11, 1890 ; R. 8., p. 76, sec. 449) ...

Sight chiefs of diTlsions. at $2, 000 each. (Appropriated ; July 1 1, 1890 . . ,

Two law examiners, at $2, 000 each (Jnly 31, 1886, July 11, 1890; vol. 24, p.

IM.secl) ,

Ten principal examiners of land claims and contests, at $2, 000 each (Jult

11, 1888, July 11,1890; vol. 26, p. 285, seel)

Thirty-t wo clerks of class four (July 1 1, 1 890)

Sixty -two clerks of clasN three (July 11,1800)

Serenty-two clerks of claas two. (8ame act)

Seventy%if[ht clerks of class one. (Same act)

Tire additional clerks of class one. (Submitted)

Flfly.aix clerks, at $1. 000 each (Aug. 5, 1882, July 11, 1890 ; vol. 22, p. 247,

aecl)

Ftre additional clerks, at $1, 000 each. (Submitted ,

Fifty -five copyists, at $900 each (July 11, 189') : R. 8., p. 27, sees. 167-9)

Ten additional copyists, at $900 each. (Submitted)

Two meosengers, at $840 each (Jnly 11,1890)

Nine assistant messen j^ers, at $720 each (July 11, 1890)

Six packers, at $720 each (July 11, 1890)

Twelve laborers, at $660 each (July 11,1890) ,

BXFBKSKS OP IHBPBCTOBS.

Per diem in lieu of subsistence of inspectors and of clerks detailed to in- restif^ate fraudulent land entries. treApasaes on the public lands, and cases of official misconduct; also of clerks detailed to examine the books of, and assist in opening new, land offices. While travfling on duty, at a rate to be fiked by the Secretary of the Interior, at not exceed- inj; $3 pi-T day, and for actnal necessary expenses of transportation and for other necessary expenses, (Appropriated; July 11,1890; vol 25, p. 735, sec 1)

LIBRABT, OEKEBAL LAKD OFPICB.

Law books for the law library of the General Land Office. (Appropri- ated; July 11, 1890; vol. 25, p. 735, sec. I)

MAPS OP THE UNITED STATES.

For connected and separate United States and other maps prepared in the Oeneral Land Office, provided that one-half of said United States maps shall be delivered to the House of Representatives and one- fourth to the United States Senate for distribution. (Appropriated ; July 11, 1890; vol. 25, p. 786. sec. 1)

Total.

BUBVEYIKO PUBLIC LANDS.

For surveys and resnrveys of public lands, $400,000, at rates not ex- eeedins $9 per linear mile for standard and meanaer lines; $7 for town- ship and $5 for section lines, except that the Commissioner of the (Gen- eral Land Office may allow for the survey of lands heavily timbered, mountainous or covered with dense undergrowth, rates not exceeding $18 per linear mile for standard and meander lines; $11 for township and $7 for section lines, and in cases of exceptional difficulties in the

$5,000

3,600

2,260

260

4,400

6.000

2,00(X 2,000

6,000 16,000

4,000

20,000 57,600 99,200 100,800 93,600 6,000

66,000 5,000

49,500 9,000 1,680 6,480 4,320 7,920

Amount appropriated

for the current fl seal yefl^endins «rnne80,1891.

!

12,500

500

15,000

696,600

$6,000 8,600 2,260

4,400 6,000

2,000

6.000 16,000

4,000

20,000 67,600 99,200 100,800 93,600

56,000 '40,' 600

1,680 6,480 4,820 7,920

10,000 ^

600

16,000

571,750

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254 REPORT OF COMMISdIONER OF GENERAL LAND OFFICE.

/ Estimates of appropriations required for ike service of th^ fiscal year ending June 30, 1892,

etc. Coutiuued.

Detailed objects of expenditure, and explanations.

Estimated amount whiob I will be

reanired for I eaon detailed I o1\jeot of : expenditure.

8UUVBTIKO PUBLIC LANDS.

surveys tbe work ciin not be contrRCted for at tbese rates, compen- sation for surveys and resnrveys may lie raa'le by the said Commis- sioner at rates not exceeding $18 per linear mile for standard and meander miles ; 916 for towuMhip and f 12 for section lines. Provided, That in the State of washinfrton there may be allowed, with the approval of the Secretary of the Interior, for the survey of lands heavily timbered, mountainous, or covered with dense nnuerf^rowth. rates not exceeding $25 per linear mile for standard and meander lineii ; $23 for township and $20 for section lines. (Appropriated; Au^. 30,

1890; R.S., p. 390. sec. 2223)

And of the sum hereby estimated not exceedintc $50, 000. may be ex- pended for examinations of tbe public surveys in the several' survc^y- iuK districts, in order to test the accuracy of the work in the field, and to prevent payment for fraudulent and imperfect surveyi*. and fur examina- tion of surveys heretofore made and reported to be defective or fraudu- lent, and inspecting mineral deposits, coal fieldM, and timber districts. and for making such other surveys or examiQations sh may be required for identifications ot lande for purposes of evidence in any suit or pro- ceedings in behalf of the United States.

Arizona. For expenses attending the survey and examination of private laud claims in Arizona, including the compeuAatiou of clerks aud trans- lators and the expense of investigating c)aim». titles, and boundaries.

(Appropriated Aug. 30, 1890 fK.S. p. 390; vol.23, p. 211. sec. 2223

California. For the survey of confirmed private laud claims in California, at the rates prescribed by law, includingoffloeexpenses incident thereto.

(Appropriated, Auj:. 30.'l890 ; R. S. p. 390. vol. 2\ p. 240, »ec. 2223)

Louinana. For original surveys, resurveys, 'and corrective surveys of confirmed private land claims, (.\ppropriated Aug. 30, 1890; R. S. p.

390, vol. 24, p. 240. sec. 2223)

Neto Mexico.^FoT expenses attending the surNey and resurvey of con- firmed private land clairas'($o,000), survnv and riosurvev of unconfirmed private land claims ($20,000). (Appropifated Aug. 30, 1890 ; R. S. p. 390,

vol 26. p. 959, sec. 2223)

Note.— In explanation of the estimate for the survey of private land claims in New Mexico, the following quotation im made from tnesurveyor- general's letter submitting estimates for the fiscal year ending June 30, 1892:

"I think it is generally realized by the officers of the Government and by members of Congress, as well as by citizen-* generally, that the unset- tled condition of land titJes in New Mexico should not be allowed to con- , tinuo. The first slep to attain the object of bringing ordi-r out of this con- fusion must be careful surveys to determine the amount of land that should be embraced in valid private land claim<4, to reconcile, njifarasposhible, conflicting boundaries and to prepare maps showing tbe extent and posi- tion of each claim. To do tuis in so vast a territory will require much labor and a large expenditure of money, aud I am satisfied that in Justice to the people of this Territory the it<'!ms asked for above, for surveys of land grants, and for the clerical force of this olllce slionhl not be reduced. As the matter now stands, I am in many cases unable U) recommend the reservation of land for ancient and valid private land claims for the reason that tbe description given in the documents by virtue of which colonies were settled aud put in possession of lands in ditlerent parts ot the Terri- tory, scores and even hundreds of years ago, are often simply statements of natural objects which bound such claims on the difierent sides, and these boundaries can not be determined in relation to the public surveys; without a careful locatiou of the grant on the ground. And soin hundreds of cases claimants under the United States land laws are coming iu con- flict with the ancient inhabitants whose rights were guarantied by solemn treaties of the nation. Entry men make filings upon their villages, houses, and churches, and I know of no way of preventing thi.i confusion except as suggested above. It has heretofore been impossible to do any- thing, because the money for the requisite surveys has not been appro- priated. The surveys are equally needed, whether, a land court bill is enacted or not.''

ABANDONED MILITARY RR8RBVATI0NK.

For necessary expenses of survey, appraisal, and sale of abandoned mili- tary reservations transferred to the control of the Secretary of the In- terior under the provibions of au act of (Congress approved July 6, 1884. 23 Stats., p. 103, sec. 2. (Appropriated Aug. 30, 1890 : vol. 23, p. 499 ; vol. 25,p. 950, sec. 1)

To pay salaries of cusUxlians of abandoned military reservations at not exceeding $720 each per annum. (Appropriated Aug. 30, 1890 : vol. 25, p. 939, sec. 1) :

Total ,

Amount appropriated

for the onrrent flsoal year ending Jnjie 80, 1891.

$190,000

$426,000

009

000 I 000 '

5,000 2,000

26,000

3.000

8.000 18,000

8,000 2,000

465,000

i^_m

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ACCOUNTS

255

E$iimate$ of appropriations required for the service of the fiscal year ending June 30, 18d2,

f<c.~Coutinued.

Detailed objects of expenditnre, and explanations.

LIST OF ABANDOKBD MIUTABT RKSBRYATIOXS.

Estimated amount which

will be reqnired for each detailed

ol(|eot of expeiiditnre.

Amount appropriated

for the current fiscal year ending June 80,18».

1. Camp CrittendeD.

2. Port Bridwell, Cal.

3. Camp Cadv, CaL

4. Camp on White River, Col.

5. Pike's Ppalc, Colo, *

6. Fort Sissetnn, Dak. *

7. FortDodKe, Ksns. Fort WallAce, Kans.

9. Fort Hays, Kans. t 10. Fort Ellis, Monr, n. Fort WilkiDS, Mich.

12. Fort Halleck, Nev. t

13. Fort McDerniot, Nev. t

14. Fort Craiii:, K. Mex. *

15. Fort Klamath, Oreir.

16. Fort Thorn bur^, Utah.

17. Fort Colville, Wanh.

18. Fort Fred Steele, Wyo. t 10. Fort Fetterman, VVyo.

20. Fort Lvoii, Colo t

21. Fort M'sKinnis, Mont. *

22. Point Robt-rts MiliUry Reservation, Washington.

23. Fort I^raroic, Wyomlng.t

24. Ruin of Caaa Grande, Arizona, t

25. Dflroit, Michigan, arsenal grounds.t

On tlie reservations above referred to are buildings, ofHcers* quarters, barracks, storehouses, corrals, hospitals, gvmnasinms, and other valu- able improvements of such value that custodians are absolutely necessary.

PUBLIC LANDS.

SALARIES, OFFICR8 OF BURVSTORS-OBMBRAL.

Arizona :

Surveyor-general (July 11, 1890 ; R. S., p. 389, sec. 2210)

CIx-tVb in his oihce (July U, 1890; K S., p. 391, seo. 2226)

NoTB. The estimate of $4,500 for clerk hire is submitted as necessary for the prompt and proper transaction of official business.

California : |

Surveyor-jreneral (Julv 11,1890; R. S. , p. 389, sec. 2210)

Clerks in his office (July 11,1890; R. S. , p. 391, sec. 221^6)

•I

XoTB.— The estimate of $22,000 for clerk hire is made for the reason ' that that amount is necessary for the regular office work, including $1:800 for keeper of Spanish archives.

Colorado :

Surveyor-general (July 11, 1890 ,- R. S., p. 389, sec. 2210) . Clerks in his office (July 11, 1800; R. S., p. 391, sec. T

XoTR.— The estimate of $11, 900 for clerk hire is submitted as necessary for the proper transaction of the public business anil the prompt per- formauce of office work consequent upon the public surveys to be con- trscte<l for during the year.

Florida:

Survevor-general (July 11, 1890 ; R. S., p. 388, sec. 2208)

Clerkrt in his * ffice (July 1 1, 1890 ; R. S., p. 391, sec. 2226)

XOTR.— The Nura of $3,000 for clerk hire is submitted as necessary for the current work of the office.

Idaho: '

Surve vor-gener.il (J nly 1 1. 1 890 ; R. S., p. 389, sec. 2210)

Clerks in his office (July 11, 1890 ; R. S., p. 391, sec 2226)

$2,500 4,500

2,750 22,000

2, 500 11, 900

1,800 3,000

2,500 i 4,800

$2, 500 3,000

2,750 10,000

2,500 6,000

1,800 1,800

2,500 2.000

NoTB.— Thf sura of $4,800 for clerk hire is submitted as necessary for the curt^nt office work, indexing the plats and field-notes in the office and preparation of dascriptive lists of comers, soil, etc., for the use of the united Stat«s local laud offices as required by law.

* Cnafodians serving with pay.

t Custodians serving without pay. ^

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256 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

/ EsHmaies of appropriations required for the service of the fiscal year ending June 30, 18^

tfte.— Continued.

Detailed ol^jects of exp«Dditare« and explanations.

Bstimated amonntwhioh

will be

required for

eacn detailed

object of expenditure.

PUBLIC LANDS— Continued.

8ALASIR8, OPFICBBfl OF 8UBVBTORS-OBinCBA.L— COntinoed.

Loaisiana :

Sarveyoi^general (July 11, 1890 ; R. S., p. 888, see. 2208)

Clerks in his office (July 11, 1800 ; R. S., p. 301, sec. 2226)

XoTB.— The sum of $10,000 for clerk hire is submitted as necessary for the transaction of current bnsiness, continainfi: the preparation of ex* hibit of priyate land claims, preparation of patent plat in duplicate for 5800 confirmed private claims, reproductioo of worn and defective town- ship plats, examination and researches to prepare confirmed claims for surveys and locations, recording field-notes, and preservation and index- ing records.

Minnesota:

Surveyor-general (July 11, 1800 ; R. S., p. 888, sec. 2208)

Clerks in his office (July 11, 1890; R.S.,p.301,sec.2226)

KoTB.— The estimate of $6,000 for clerk hire is submitted as necessary for the transaction of current official business.

Hontana:

Surveyor-general (July 1 1. 1800 ; R. S.. p. 380, sec. 2210)

Clerks in his office (July 11, 1890 ;R.S., p. 881, sec. 2226)

KoTB.— The estimate of #15.000 for clerk hire is submitted as necessary for the prompt and proper performance of official current business.

Nevada:

Surveyor-general ( Jnly 11, 1890 ; R. S., p. 888, sec. 2210) ,

Clerks in his office (July 11, 1890 ; R. S., p. 381, 2226)

NOTB.— The estimate of $4,000 for clerk hire is submitted as neeessary for the proper performance of current official work.

New Mexico :

Surveyor-general ( Jaly 11, 1890 ; R S., p. 388, sec 2210)

Clerks in his office (July 11, 1890; R. S., p. 891, sec. 2226)

NOTB.— The estimate of $15,000 for dork hire is submitted as necessary for the proper transaction of cuirent official work for bringing up arrears of office work, and tho amonnUnciudes the sum of $2,000 to enable the snrveyor-eeneral to preserve and enter upon the record the Spanish doc- uments filed ai evidence of title. Mitn v of the papers are much worn and defaced by long use, and repeated handling will sdm make them illegi- ble. And there are many Spiini<4h documents on deposit that have never been indexed, or examined. They should be carefully examined, and those routing to land titles should be translate^ and recorded both in Engllah and Spanish.

Korth Dakota:

Snrvevor-general (July 11, 1890) ^

Clerks In his office (July 11,1890; p. 891, sec. 2226) ,

NoTB.>-The estimate of $7,000 for clerk hire is submitted as necessary for the performance of the regular office work.

Oregon :

Surveyor- senerai (j niy ii, levu j ic s., p. sets, sec. zarov) . . Clerks in his office (July 11, 1880 ; R. S., p. 891, sec. 2226) .

KOTB.— The estimate of $4,500 is submitted as necessary for the per- formance of current official work.

South Dakota:

Surveyor-general (Jnly 11,1890)

Clerks In his office (July 11, 1890; R. 8., p. 391, sec. 2226)

NOTB.— The estimate for $12,000 for clerk hire Is submitted as necessary for the performance of the regular office work and to bring up arrears of office work.

Utah:

Surveyor-general (Jnly 11, 1890 ; R S., p. 888, sea 2210)

Clerks In his office (JpJy 11, 1890; R.S.,p.391, sec 2226) ,

NOTB.— Of the sum of $9,000 auiimittiMl lor olnrlt hire, $i,000 is for the regular office work and $5,000 to enable the surveyor-general to prepare corrected maps of the several mining districts.

Amount appropriated

for the current, flaeal year ending dune 30, 1881.

$1,800 10,000

1,800 6,000

2,600 15b 000

1.800 4,000

$2,600 15,000

2,000 7,000

2,000 4,500

2,000 12,000

$1,800 6^000

1.880 1,000

1,600

7,006

1,»0 2,860

$1,680 8,000

2,000

6,000

2,000 8,000

2,000

7,500

Digitized by

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ACCOUNTS.

257

JBsiimates of appropt-iaiions required far the eervioe oflhefiecal near ending June 30, 1892,

ate. —Con tinned.

Detailed objects of expenditare, aod expUaatioiis.

Estimated amount which

will be required for eacn detailed

object of expenditare*.

PUBLIC LAND»-Gontinned.

BALAJUI8. OPFICI8 OP BUBVBTOBS-OKNBRAL— COntioaed.

Washington:

Surveyor- ffsneral (July 11, 1800 ,- R. 8., P- 888, sec. 2200) . . Clerks in his office (Joly 11, 1800 ; R. S., p. 301, sec. 2226) .

Note.— The estimate of |\2,000 for clerk hire is submitted as necessary for the performance of the regular office work, and the bringing up of )^ arrears of work. ^

Wyoming:

Surveyor-general (Joly 11, 1800 ; R S., p. 380, sec 2210)

Clerks in his office (July 11, 1880 ; R. &, p. 301, sec. 2226)

NoTB.— The estimate of $0,000 for clerk hire is submitted as necessary for the proper transaction of the current office work '

Total

COBTINGBHT BXPBM6B8, OFFICES OF SUBVETOBS-GBMBBAL.

^rifona.— Bent of office for surveyor-general, pay of messenger, fuel, books, stationery, and other incidental expenses (July 11, 1800 ; R. S., p. 80f,sec.2227)

09Hfomia.^FoT books, stationery, pay of messenger, and other incidental expenses (July 11,1800; B. S., p. S»l, sec. 2227)

Colorado.^TiQnt of office for surveyor-general, fuel, books, stationery, and otner incidental expenses (July 11, 1800; B. S., p. 801, sec. 2227)

Florida.— Rent of office for surveyor-general, fuel, books, stationery, and other incidental expenses (July 11, 1880 ; R. S., p. 301. sec. 2227)

JdoAo.—Rent of office for surveyor- general, fuel, books, stationery, pay of messenger, and other incidental expenses (Joly 11, 1800; R. S., p. 801, sec. 2227)

LouUiana, Fuel, books, stationery, pay of messenger, and other inci- dental expenses (July 11, 1880; kd., p. 301, sec. 2227)

Minnetota. Fnirl, books, stationery, printing, binding, and other inci- dental expenses (July 11, 1800; R. S.,p. 391, sec. 2227)

Jlon<ana.~Kent of office for surveyor-general, fuel, books, stationery, pay of messenger, and other incidental expenses (July 11, 1800; R. S., p. 801, sec. 2227)

ifsroda.— Rent of office for surveyor-general, pay of messenger, fuel, books, stationery, and other incidental expenses (July 11, 1800 ; R. S., p. 301, sec. 2227)

JITswifearieo.— Rent of office for surveyor-general, fuel, books, stationery, and other incidental expenses (July 1 1, 1800 ; R. S., p. 301, sec. 2227)

Xorth Daifco&k— Rent of omco for surveyor-general, fuel, books, stationery, and other incidental expenses (July 11, 1800 ; R. S., p. 301. sec. 2227)

Oregon. Vuy of messenger, tae\, books, stationery, and other incidental expenses (^uly 11, 1880; R. S. p. 381, sec. 2227)

South Doioto.— Rent of office for surveyor-general, fuel, books, stationery, binding records, and other necessary expenses (July 11, 1880; R. S., p. 301, sec 2227)

Utah. Rentof office for surveyor-general, pav of messenger, fuel, books, stationery, and other incidental expenses (July 11, 1890 ; R. S., p. 301, sec 2227).

TTasAtYMfon.— Rent of office for surveyor-general, fuel, books, stat^nery,

pay of messenger, and other incidental expenses (July 11, 1800 ; R. S.,

p. 301, sec 2227) ,

Wgoming.—Jtejit of office for surveyor-generaL fuel, books, stationery, and other incidental expenses (July 11, 1800 ; R. S., p. 3U1, sec. 2227)

Total

COLLBCmiO TBB RBVBITUB FBOM PUBUC LAVDB.

Compensation of registers and receivers of local Und offices at not ex- ceeding |3, 000 each : Provided. That the fees on homestead and timber- culture entries shall be incluued in calculating the fees and commis- sions of registers and receivers (see detailed statement in appendix, marked Exhibit A.) (Appropriated, Aug. 30, 1880, R. S., p. 88i2, sees. 2237.2240)

NOTB.~The estimate submitted is based upou the actual earnings of reg« isters and receivers, of fees and commissions collected and turned into the Treasury by them during the fiscal year ended June 30.1800, except i in the offices lately established. As no business has been done ih ctli i

9406 L O 17

02,500 12,000

Amount appropriated

for the current fiscal year ending ixam 80, 1801.

$2,500 7,500

1

2,500 0,000

i

2,500 3,000

1 186,650

1

107,260

1,500

1.500

2,000

2,000

4,000

1,500

1,000

1 KAA

1,000

1 KilA

1,200 1,000

3,000

31, 100

I

640,000

1,200 1,00(^

2,000

1,000

800

1,600

1,500

2,000

1,500

1.500

1,000

2,500

1,600

2,400

1.400

3,000

1,500

2.000

l.«0

22.400

550, OCO

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258 REPORT OP COMMISSIONER OP GENERAL LAND OPFICE.

Estimates of appropriations required for the service of the fiscal year ending June'SO, 1692,

ete.— Con tinned.

Detailed objects of expenditore, and explanations.

£iitiinat«d amoant which I wUlbe ' required for each detailed

object of expenditure.

PUBLIC LAKDS— Continued.

COLLECTING TlIK REVENUE FROM PUBLIC LANDS— continued,

luate is based upon maximum compensation. During the >ear ended Juno 30, 1890, the fees and commissions eai-necl by registers and receivers (including homestead and timber-culture fees) amounted to $1,343,798. The actual amount appropiiated for registers and receivers as salaries, fees, and commissionH Was ^550,000, which if all expended will leave a I net revenue the United States of $793,796

Contingent eseptnsei of land offices.— Vot clerk hire, rent, and other inci- dental expeDSOH of the several land offices (Mar. 2, 1889, Aug. 30, 1890; vol.25.p.fo8,80cl) 1240,000

Note— The sppropriation for the current fiscal year, amounting to $155,000 (aud deficiency $28,000) in all $*b3,000, was entirely inadequate to the needs of the service. This office was copipelled to refuse many i applications for allowances of clerk hire, office rent, and other abso- lutely necessary expenses from the various offices during the past year owing to the limited appropriation. This office is now unable to ;:u- thorize clerk hire, and office rent in very many cases where the public business absolutely requires such allowanc-e, and in no instance have fuel or lights been paid for by the United States. During the fiscal year just ended, the registers and receivers were called upon for a statement of the amount necessary to meet the incidental expenses of their offices for the fiscal year 1891, a copy of which will be found in appendix marked Exhibit B. and to properly provide for the expenses of the offices (including the offices lately established) the amount asked for will be necrasary.

Expenses of depositing public mon«y».— Expensee of depositing money received from the di8i>osal of public lands (appropriated Aug. 30, 1890; ^. S., p. 713,sec.:«l7) 10,000

Depredations on pubUe timber.— To meet the expenses of protecting tim- ber on the public hinds (Mar. 2. 1889; Aug. 30, 1890; vol.25, p. 968, sec.l) 100,000

Protecting the public lands.— The protection of public lands from illegal and fraudulent entry or appropriation (Mar. 2,1889; Aug. 30, IWO; vol. 26. p. 968, sec. 1) -• 120.000

Expenses of hearings in land en«ri«#.— Expenses of hearings held by order of the Commissioner of the General Land Office to determine whether alleged fraudulent entries are of that character or have been made in compliance with law (Mar. 2, 1889 ; Aug. 30, 1800 ; vol. 25, p. 959, sec. 1) . . 30, 000

Settlements of claims for swamp lands and swamp land indemnity.— SAitk- rios and expen.ses of agents employed in a<l{usting claims for swamp i lands, and for indemnity for swamp lands (Mar. 2. 1889; Aug. 3D, 1890: i vol.25,.p. 959,8ec.l) 20,000

Provided, That atreuts and others employed under this aud the appro- I priutious for "depredations on the public timber*' and " protecting '

public lands," while on duty, shall beallowrMl per dioni in lieu of subsist- j

ence at a rate not exceeding $3 per day and actual necessary expenses I

for transportation. i

Reproducing plats of survey, General Land OJflee.~To eniible the Com- missioner oi the G-eneral Land Office to contiuue to reproduce worn and defaced official plats of surveys on tile, and other plats constitut- ing a part of the records of said office and to furnish local land offices with I he same (Mar. 2, 1889 ; Aug. 30, 1890 ; vol. 25, [>, 959, sec. 1)

NoT«.— To reproduce the 30,000 old plats in this office, and to preserve them from actual destruction, the amount asked for is ab.<)olutely neces- sary. During the current year 7.800 copies of plats were sold, over 6;06o used in the local land offices, geological surveys, and other bureaus of the G-ovemment. For those sold the Government received over $2,3110.

Transcribers of records and piat#.— Furnishing transcripts of records and plats to be expended under the <lir;'ction of the Swretary of the In- terior (Mar. 2, 1&I9: Aug. 30. 1890; vol. 25, p. 930, sec. 1)

Grand total i 1,197,600

Amoimt appropriated

for the ' current fiscal year ending ilnne 30, 1891.

$175, 000

10,000 100.000 120.000

30,000

20,000

25,000

12,500

12,500

1,020,000

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ACCOUNTS.

269

Exhibit A.

Statement of the earninas, amount paid registers and reoeiveraf and net revenue to the United States /or the fiscal year ending June 30, 1890.

Kftme of office.

EamiDffs , ofrej^s- ' ters and reoeivera.

Alabama :

HanteviUe $8,040 f

Montgomery ' «,780

Arizona : |

Prescott . . . TncBon

Arkansas: Camden ... Dardanelle

Harrison . __ ,

LitUeRock ; 5.516J

California :

Humboldt | 5,2001

Independence 2, 228

Los Angeles i 0,757

Marrsville 3,720

Bedding (Shasts)t . 11,163

Sacramento' 0, 423

San Francisco 11,410

Stockton 15,675

Susan ville 4,600

Visalia 11.073

Colorado: |

Akront

Central City 3,826)

DelNorte 5,844

Denrer i 20,018

Darango 4,106

Glennwood Springs' 7, 740

Gunnison i 2,483

Hugo X

Total

$14,770

<^i 000 { I 1 1 ai i; 5; 816 J 11' "5

5,7021 3, 667 I 7 362 f

22,227

85,176

5^570 4,230 4,866 14. 612 J

Lamar

Leadville

Montrose

Pneblo ..

Sterling: Florida:

GainesTille 8,807

AUska :

Siika§ 136

Idaho :

Blackfoot ' 6.7791

BoisACitv 4,372'

CoBurd'Aiene j 2,687 V

3,970 5, 242 J

Uailey

LewLstown Iowa :

Des Moines KauAas:

Garden City ' 10,380

Kirwin 8,146

Lamed 1 6,322

Oberlin , 16, 670 V

Salina | 4,511

Topeka 1,614

Wa-Keeney ; 14,100

Louisiana :

Natchitoches .

New Orleans . Michigan ;

Grayling

Marquette

Minnesota:

Crookston

Dnlnth

Marshall

Sl Cloud

Taylor's Falls Mississippi :

Jackson

Missouri :

Boon ville

Ironton

Springfield

I 1,818

3, 792 )

7. 868 3 I

2,213> 7.090 51

11,353) 6.915 6,876> 7,668 1 l,478j

10,079

8,207) 4.687S 8, 744 S

10,079

16,588

* Office maximum. Closed for several months on account of change of officers. t Office removed to Redding. I New office. ^ No fees and commissions attached to office.

_. ^_e

260 REPORT OF COMMISSIONER OP QENERAL LAND OFFICE.

Exhibit A—Continued. Statement of the earnings, amount paid regiiters and reoeiverSf eto.— Continued.

Name of oflSce.

EamiiiKS of regis* ten and recelTen.

Montana:

BoBeman

Helena

HUeaCity

Lewis ton*

MisBonla*

Nebraska :

Alliance

Broken Bow . . .

Bloomington...

Chadom

Grand Island ..

Lincoln

McGook

Neligh

North Platte...

O'NeU

Sidney

Valentine

Nevada :

Carson City ...

Eureka

New Mexico :

Polsom

LasCmces

Roswell

Santa FA

North Dakota:

Bismarck

Devil's Lake...

Fargo

Grand Forks... Oregon:

Bums '.

La Grande

Lakeview

Oregon City ...

Kosebnrg

The Dalles

Oklahoma:

Buffalo

Guthrie

Kingfisher

Oklahoma

South Dakota :

Aberdeen

Chanioerlaint .

Buron

Mitchell

Pierre t

Rapid City

Watertown ....

Yankton

Utah:

Salt Lake City . Washington :

Noith Yakima .

Seattle

Spokane Falls..

Vancouver

Walla Walla...

39, 889 > 2,8e8>

Total

Amount paid reg- isters and receivers.

$28,^9

4,810] 18,111

8,6871

1,912 11, 774 I

6.618r 24,0481

7.2«J| 10, 831

5, 976 J

1.81U 2,27lj

2,589)

6, 274 J

9,8541 6, 738 I ll,56uf 7.186J

4.486 5,486 5.576. 29, 087 f 17,480 i,5U0

18,582} 18,034 5

Olympia * Wat •"

ITaterville* . Wisconsin :

Ashland

Ban Claire . . .

Menasha

Wansan

Wyoming :

Buffalo

Cheyenne

Branston . .c .

Doufflas*

Lander*

Sundance*...

9,3151

2,188 12,075

8,463 595

7.662 12,688

4, 876 J

18,112

8,0471 48, 760 17,817^ 18,685

8, 154 J

4,778 4.164 1 1,606 1 a, 164 J

6,003] 7, 577 8.666!

93,027

1,082

13,478

85,808

66^514

:l6,oooj

6,000S [ 2,863)

2,271J

6,6001 6,0^1 6,0001 6, 000 J

«.«• { i:Z\

57, 812

13, 112 m, 463

r 6,000 1,500 6,000 6, 000 I 595 f 6,000 1 6,0001

I 4,876j

Total.

Net rev- enne to United States.

Amount received as home- stead and timber- culture fees.

$14,363

$13,846

Total

govern-

ment

fees.

Total revQnue to United

Statea.

^$1,500

645 > 460)

$9,605

68,810

4,082

13,478

24,000

82,047

12,000

89, 217 1 1

11,303

84,467

19,566

36,971 20,841

7,112

I

Total 1 864,348

13,612

17,246

r *.7781 I I 4.1641

I 8,164j!

( 6,000) < 6,000> ( 8.606)

13,612 15,666

95611

11,246

2,990

180

8.885

1,880

13,381

1,489

8.665

6,200

|{ JSl

I r 1, 195

1.466LI

956 1,930

f 4.260

J 4, 215 I

i 5,576f

I 4,460j

1,815 8,830 1,755 6,570 8.660 2, 220 J

$23,451

< 39, 475 \ ( 29, 130 3

54,620

40

5,636 I

18,600 ;

98,887

4$

6,5S

29,808

19,760 i 64,217

68,605 88.171

34v960 66,7»1

r 6.1751 8,2601 7,2851 3.9851 490^ 6.385 6,050 l,320j

4,480 4,480, 11,592

[3,9 ^ 14, 060 71.463 i^ 6.160^1 31,630 102.1

4,460, 2. 870 J

1,580

;f WOl

l 1.090)

8.235] 8,145 720 !

( a.235^

8,285

6,100

3,285

864.848 I 628,846 628,846 335,603 { 479,450 ,479,450 814,1

* New office.

t New office. Onl

y one quarter's busine8^/-k/-vQTp

ACCOUNTS.

261

Exhibit B.

Statement of the amount estimated to he neoeasary to meet the expenses of the local land

offices for thejiseal year 1692.

Name of office.

Clerk hire.

Office rent.

Furni- ture.

Fuel, etc.

Pos^

office Regis- box t<ration. rent. ,

Binding.

Total.

Alabama:

HontsTille

$000 3.900

f240

1 1

$60

$1,200

Montgomery

Arisona:

Prescott

300

4,200

600

j ! 50

660

Tooaon

2,100

1,350'

600

1,200

1,200

900

300

' IfiO

2,560 1,695

Arkansas:

Camden

800 200 180 200

$5, 40

1 100

Daidanelle

800

flarrifion

' . ,. sn

1,440 1,460

Little Rock

1

1 60

Callfomiik:

Hnmboldt

' 36

985

Indeoendenoe

240 600 300 360

15

255 5,046

500

' 2.600

1,555

4860

2.065

200

Los Angeles

MaTjevUle

4,200

$50

190 100

6 100

100

40

f

2,100 1,000 4.200 1,800

Sacramento

860

100

50

5U

$46

San Francisco .

Stockton

280

15 ;

Snsanville

180 180

20' :::::— :

Yisalia

2,800

40

8 75

3,008

Colorado :

Akron*

Centra] City

240

15

256

DelKorte

900 6,600 1,200 2,400

250

1.500

300

40

..........

1,190

Denver

300

70

100

300

6 60 100

10

8,700 1,636

Dorango

Glen wood Springs. Gunnison

700 100

3,400

800

310

HUEO*

••"

Lamar

3,000

100 ,

8.100

LeadvlUe

480 420 800

20 '

600

Montrose

'S?

100

100

1

620

Pueblo

7,200

7.627

Sterling*

Florida:

GainesyiUe

4,480

400 1,200

300

250 360 240 300 80C

.........

200

4,980 770

Idaho:

Blackfoot

100

! 20

Bois6Clty

Coenr d* Alene ....

50

; 100

1,710 240

Hailey

::;:::::::::::::: 25

825

Lewiaton .........

1 ' 26

825

Iowa:

Des Moines

600

8,900 ?700 2,700 8,600 900 900 6,700

t

80

660

Kansas:

Garden City

Kirwin

75

150

50

4,126 8,060

800

Lamed

35-

80

150

1 400

1 fi

2,886

Oberlin

700 800 600 150

860

126

4.906

f^liTlft

1,205

Topeka

............... ^

1,560 7,t-80

405

Wa.Keeney

Louisiana:

Katobltoohes

100

1 130

45

•— ^

New Orleans ...... .

3.000

250

8,250

Michigan:

€hthyling

450

15

465

Marqn^tte

1,800

1.800 2,100 1.350 2.100

100

1,000

Minnesota:

Orookston

1 76

1,876

Dnlntb

360 860 860 120

480

250 175 800

360 600

75 180

75

: 100

1 00

2.710

Marshall

50

2.000

St Clond

100

100

6

2^660

Taylor's Palls

126

Mississippi:

Jackson ..........

4,500

. 150

100

100

6,180 410

Missouri:

BoonTille

10

Ironton

1 8

183

Springfield

Montana:

Bozeman

1,800

900 1,900

:: : J 50

2,150

6 20

6 46

1,286 2.546

Helena

* Not estimated; new office.

Digitized by VjOOQIC

262 REPORT^ OP COMMISSIONER OP GENERAL LAND OPFIOE.

Exhibit B— Continued.

Statmnent of the amount eatimated to he neoeasaryto nMet the expensea of the local land offices for the fiscal year 1892 Continued.

Xame of office.

Clerk hire.

Office rent.

$380

Furni- ture.

Fuel, etc.

tin

Beflris. tration.

Binding.

Total.

Montana:

Milea City

1

$26 ! $855

Lewiston*

1

Missonla*

; 1

Kebraska:

AQiance

$1,800 1,000

300 180

200 ' 2^aa>

Blooininffton

$30

1,210

Broken Bow *

Vvw

Chadron

1,800 1,800

300 480

$150

100 I $4'

iso $30 1 2.fiM

Orand Island

^^

Ijinooln . .

20 '

McCook

8.600 1,800 2,700 900 1,800 1.800

300 180

100 t 4-OfiO

Neliffh

75'

60 50

2.115

9 750

North Platte

O'Neil

:::::::::::::::: i: ::' :i: :: :::

100 '- - ' 1 OftO

Sidney

1

150 80

1.960

Valentine

Nevada:

Carson Citv

240 420

360 216

1

10 250

£nreka

420

New Mexico:

Foliioni .-T .r.--T

76

1

30 { 25

Las Graces

1,500

225

1,000

2,400 2,000 1,800 2,000

::::::;::i::::::;;

36 1 1 1,761

KoBwell

100 1 ' 325

Santa F6

50

1

50 1...". , 1,100

75! 2,775

40 2,340

300 2,400

125 17 ^ 2.592

North Dakota:

Bismarck

300 300 300 800

1

DevU'sLake

::;::::::i::::::::

Fargo

Grand Forks

Oklahoma:

BufEalo*

50

100

Gnthrie

8,600 3,300

.30 100

3,630

Xinfdlffher . .-r r - ...

Hi

so

Oklahoma*

1 1

Oregon :

Bams

1,200 1,200 900 2,600 1^800 1.800

2,700 2,000 4,600 1,000 2 400 2.400 6,000 900

4,600

1,800

300 180

m

50 1 25 1,575

60 1 1 1.643

60 1 1, 260

La Qrande

113

100

Lakeview

Oregon City

Roseburg

386

25 125 1 a^03«

26

1,826

1.987

3,382 8,075 5,105

2.500

The Dalles

. 100 600

50 12

12

25

50 60 150 150 50 30

n

125 25

South Dakota:

Aberdeen

Chamberlain . . - - .

115

Hnron

800 160

156 150

■•

Mitchell

160 80 75

Pierre

2.530 2.809 5,060 1,220

4.963

1,825

KapidCity

800

4

Watertown

Yankton

800 800

Utah:

Salt Lake City

Washington:

North Taklma

8

M

Olvmnia*.. ..

sSttfe ..::::::::::

5,600 8.700 2,100 2,000

300

110

100 50 50 50

86 6 146

Spokane Falls

Yancoavei

8.750 2.160

9 SSQ

;;:;::::::

Walla Walla

800

WaterviUe*

~*

Wisconsin :

Ashland

200 250 225 200

800 600

100 20 45

15

50 180

300 270 270 365

1,700

2.m

Ban Claire

Menasha

Waosan

160

1.200 2,100

Wyoming :

Boffalo

160

6*

Ch^iy^nnA

Douglas*

Eranston

600

336

67

75

60

i.m

Lander*

'Sundance*

!

1

Total

191,605

27,002

2.264

2,439

66 1 fi.A34 1 A£3 i m MS

1

* Not estimated ; new office.

Digitized by VjOOQIC

ACCOUNTS.

263

Statement of the hueineee traneaeted at ths looal land offices during the fiscal year ending

June 30. mO.

LAND OFFICE AT SITKA, ALASKA.

the aggregate by S origlival entries.]

[The area in brackets is not included in the aggregate by States, having been acconnted for in the

rigliva*

Class of entry.

No.

7

Acres.

Commis- sions.

Fees. ' Amonnt

Sales of mineral lands

27'5- 31

11,207.50

Total cash sales

1 '

7 10

275. 81

L . 1 207- 50

Applications to purchase mineral lands . . .

$100.00 100.00 10.00 10.00

Hineral protestf>', adv^rqe claims ^

ToUl of all classes of entries and amonnt received therefrom

'

1 18 275.31

no. 00 1,407.50

LAND OFFICE AT HUNTSVILLE. ALA.

Sales of land subject to preemption entry. Additional payment

16

1 2

1,023.00

26.26

.02

284.62

16,617.41] [520.47]

1

2,403.80 32.81

iSnppIementa]''pavraents

1.16

Excess payment* on homestead, timber- coltare, and other entrien and locations. .

203

356.11

Homestead entries commuted to cash un- der section 2301, Reviiied Statntet* !i4

8,278.07 600.11

Homestead entries commuted to cash un- der section 2, act Juno 15, 1880

6

Total cash sales

372

1,183 670 238

2,224.70

134,516.40 [65,851.70]

11, 672. 06

12,687.13

1, 688. 40

476 00

Original homestead entries

$3,367.13 1,683.40

0,320.00

Final homestead entries

Pre-emption declaratory statements

Amount received for reducing testimony to writing

47&00 1, 280. 68

1,280.68

Total of all classes of entries and amount' received therefrom

2,368

136, 751. 10

6.060.62

11,076.68

27.700.8e

Salaries, fees, and commissions of register and receiver ...

6,000.00 17.00

Bxmnses of deDositinip

Incideatal expeoses...... ,..r ..,^,^^

1,302.7&

Total s

7, 410. 65

Digitized by

Google

264 REPORT OF COMMISSIONER OP GENERAL LAND OFFICE.

Statement of the bttMness transacted at the local land offioeSfeto, Continued.

LAND OFFICE AT MONTGOMERY. ALA.

The ftrra in brackeU is not included in the aggregate by StAtes, having been accounted for in the

original entries.

Class of entry.

No.

Sales of land subject to pre-emption entry.

Additional payments '

Excess pay men on homestead, timber- culture, and other entries and locations. . |

Homestead entries commnted to cash un- der section 2301, Bevised Statutes i

Homestead entries commuted to cash un- der section 2, act June 15, 1880 ,

Total (

39

4

seo

99

7

Original homestead ectiiea

Final homestead entries

State selections

Pre-emption declaratory statements

Amount reoeiTcd for reducing testimony to writing

Total of all daoses of entries and amounts reoelTcd tliereftx)m

Salaries, fees, and commissions of register and receiTer.

Expenses of depositing. Inuid

sidental expenses . Total

618

1,659

1,095

8

97

Acres.

Commis- sions.

Fees.

Amount.

5,089.24 , I $0,361.81

122.44 1 163.13

575.56

14.647.13

708.90

a

458.84 I

[11.722.50]!

[622. 29] i.

5,670.02 I

181,129.06 ' [140, 296. 18] 443.37

•I-

8,372

187, 242. 45

$4,528.05 3,606.10

$12,830.00

6.65 194.00

1, 675. 99

8,034.15 I 14,625i54

22,446.53

17,87&06

3,506.10

5.55

104.00

1,675.90

45.106.22

6.000.00

26.60

3,004.60

0. 031. 20

LAND OFFICE AT PBESCOTT. ARIZ.

Sales of Isad subject to pre-emption entry.

Sales of mineral lands

Sales of town sites

Excess payments on homestead, timber- , culture and other entries and locations.. Final entries under the desert-land act Homestead entries commuted to cash un- der section 2801, Reyised Statntea

Total cash sales.

Original homestead entries

Final homestead entries

Lands entered under the timber-onltnre laws

Lands selected under grants to railroads..

Applications to purchase mineral lands . ..

Applications to purchase coal lands

Mineral protests, adrerse claims

Pre-emption declaratory statements

Soldiers' and sailors' homestead declara- tory statement

Amount received for reducing testimony to writing

Total of an classes of entries and amount received therefrom

Salaries, fees, and commissions of register

and receiver

Expenses of depositing

Incidental expenses

Totol.

37 { 2,301.63

41 I 30 I

6,262.71

I [4,323.37]

4 , 696. 45

1,521 I 243,378.49

26 '

2

77 I

33.^00 I 268.75 ,.

16.00

386.00

40.00 3,042.00

260.00 ! 60.00 20.00 '

231.00

3.00 I 147.66 '

1,769, 252.531.18 1

8,849.70

1, 750. 00

800.00

.06 37.46

400.24

6,837.76

718.00 258.75

56.00 3, 042. 00

260.00 60.00 20.00

231.00

3.00 147.66

607.75 4, 18a 66 10,634.17

6,000.00 47.45 677.64

6,626.60

Digitized by VjOOQIC

ACCOUNTS. 265

Statement of the business transacted at the local land offi^e^j etc. Continued. LAKD OFFICE AT TUCSON, ARIZ.

(The area iu bracketB is not included in the aggregate by States, having bfen accounted for in the

original entries.]

Class of entry.

Sales of land suUect to pre-emption entry.

Sales of mineral lands

Excess payments on homestead, timber*

culture, and other entries and locations. . OrlgiDal entries under the desert-land act.

Final entries under the desert-land act

Homestead entries commuted to cash

under section 2301, Revised Statutes

Total cash sales .

Original homestead entries

Final homestead entries

Lands entered under the timber-cukure laws 7>....

Final entries under the timber-culture laws

Lands entered with military bounty land warrants -.

Applications to purchase mineral lands . . .

Mineral ]>rote0ts, adverse claims

Pre-emption declaratory statements

Soldiers' and sailors' homestead declara- tory statements

Amount received for reducing testimony to writing

No.

02 19

13 148 121

83

157 I Oil

83|

1 I

1

15 |.

163 .'.

I

3 ,.

Acres.

13,380.00 231.86

13.62 62,587.53 [41, 678. 87]

[4,777.87J

426 ; 75,213.07

21,106.85 [13,743.351

11, 770. 63

1160.00]

40.00

Total of all classes of entries and amounts received thereftom ....

Salaries, fees^ and commlsalons of register

and receiver

Expenses of depositing

Incidental expenses

Total.

041 . 108,230.45

Gommis- siona.

Fees.

$795.41 551. 49

332.00

$1,365.00

755.00

. 4.00

1.00

150. Oxt

10.00

480.00

9.00

884.55

Amount.

1,67&90 3.667.55

$16,61&83 1,200.00

17.18 15,646.92 39,767.34

6, 170. 25

79,420.47

2, 160. 41 651.49

1, 087. 00

4.00

1.00

150.00

10.00

489.00

9.00

884.55

84,766.92

5, 627. 27

184.90

1,860.55

7, 572. 72

LAND OFFICE AT CAMDElf, ARK.

Sales of land subject to pre-emption entry. Sales of mineral lands

Additional payments

Excess payments on homestead, timber- culture, and other entries and locations.

Homestead entries commuted to cash unddr section 2801, Revised Statutes

Total cash sales .

Original homestead entries

Final homestead entries

State selections, school indemnity

Applications to purchase mineral lands . . .

Applications to purchase coal lands

Pre-emption declaratory statements

Soldiers' and sailors' homestead declara- tory statements'

Amount received for reducing testimony to writing

Total of all classes of entries and amount received therefrom

Salaries, fees, and commissions of register and receiver

Expenses of depositing. Incidental expenses

Total

1 I

1 I

'I

14 <

80.00

19.67

[40.00]

LOO

173.62

[1,417.68]

92

984 830

87

1 1 11

274.20

108, 017. 16

140,404.66]

5,816.13

1,416

2, 723. 31 1,012.30 .

7.520.00

72.75

10.00

2.00

2^00

* 2.00

806.63

115, 007. 58 3. 735. 70 8. 4.35. 38

100.00 100.00

2L2.5

217. 11 1,772.10

2,210.46

10, 343. 81

1, 012. 39

72.75

10.00

2.00

22.00

2.00

806.68

14, 881. 54

0^701.92

.50

1,486.64

7, 138. 96

Digitized by VjOOQIC

266 REPORT OP COMMISSIONER OF GENERAL LAND OFFICE,

Statement of the hueineea traneaoied at the loofil land offioee, «/c.— Continued.

LAND OFFICE AT DAEDANELLE. ARK.

IThe area in brackets is not included in the asgreg^te by States, liaving been accounted for in the

original entries.]

Class of entry.

No.

Sales of land subject to preemption entry.

Additional payments

Excess payments on homestead, timber- culture, and other entries and locations.

Homestead entries commuted to cash un- der section 2301, Revised Statutes

Total cash sales.

Original homestead entries

Final homestead entries

Lands entered with military bounty land

warrants

State seleotlons

. Applications to nurchase coal lands

Pre-emption declaratory statements

Soldiers' and sailors' homestead declara-

tory statements

Amount received for reducing testimony

to writing

19

307 I 299 I

1 I

13 I 1 9 I

Total of an classes of entries and ' amount received therefrom i

650

Salaries, fees, and commissions of register

and receiver

Expenses of depositing ,

Incidental expenses

Total

Acres.

Commis- sions.

80.00 I.

Fees.

30.34 [442. 32]

110.34

30, 425. 58 [30, 824. 52]

80.00 2, 06G. 09r

Amount.

$100. 00 &00

30.93

552.90

$833.46 85A.67

$2, 170. 00

32,695.92

2.00 1 26.00

2.00 18.00

2.00

904.59 I

1,688.03 I 3,124.59

697.83

3,003.46 854.57

2.00 26.00

2.00 18.00

2.00

904.69

5.510.45

3, 656. 52

27.60

275. 30

3, 959. 42

LAND OFFICE AT HARRISON, ARK.

Sales of land subject to pre-emption entry .

Sales of mineral lands

Excess payments on homestead, timber- culture, and other entries and locations.

Homestead entries commuted to cash un- der section 2301, Revised Statutes

Homestead entries commuted to cash un- der section 2, act June 16, 1880

440. 53 484.08

205.16

[809.76] [40.001

Total cash sales .

Original homestead entries

Final homestead entries

Lands selected under grants to railroads. . Applications to purchase mineral lands . .

Pre-emption declaratory statements

Amount received for' reducing testimony to writing

Total of an classes of entries and amount received therefVom

Salaries, fees, and commissions of register

and receiver

Expenses of depositing

Incidental expenses

Totol.

78

964 637 j 82 '

203 I

1, 079. 77

111.926.93 I

[82, 190. 84J

5, 166. 29

2,798.17 I 2, 054. 76

7.680.00

1.921 I 118,172.99

I

4,852.92

64.00

70.00

406.00

894.91

550.67 1, 845. lb

256.46

1,012.20

45.67

3,210.15

10,478.17

2,054.75

64.00

70.00

406.00

804.91

9,114.91 I 17,177.98

6,000.00

216.80

1,163.95

7, 380. 76

Digitized by VjOOQIC

ACCOUNTS. 267

Statement of the husineaa transacted at the local land offices, etc. Continued..

LAND OFFICE AT LITTLE ROCK, ARK.

[The are* in brackets is not inoladed in the agf(rejsate by States, having been acoonnted for in th&

original entries.]

Class of entry.

No.

Total cash sales .

Original homestead entries

Final homestead entries

Lands entered under the timber-cnlture laws

State selections, indemnity school

Preemption declaratory statements

Soldiers' and sailors' homestead declara- tory statements

Amoant received for reducing testimony to writing

Total of all classes of entries and amount received therefrom

Salaries, fees, and commissions of register

and receiver

Incidental expenses

Total.

Sales of land subject to pre-emption entry. |

Caah Bubsti t a tion

Excess payments on homestead, timber- culture, and other entries and locations

Homestead entries commuted to cash un- der section 2801, Revised Statutes

43

Acres.

120.00 . [160.00]!

26L82 |.

[957.06]'.

Commis- sions.

53

706 831

1 83 57

371.82

86,454.08 [86,611.291

80.00 13,820.47

1.821 i 100,225.82

$2,340.54 1,066.60

4.00

3, 411. 14

Fees.

Amount.

96,085 1

5.00 I 166.50 114.00 I

2.00

089.60

7, 862. 19

$150.00 20U. 00

335.47

1,196.32

1,681.79

8,425.54 1, 066. 60

9.00 166.50 114.00

2.00

989.69

12, 665. 12

^51&^8 1,280.20

6,746.43

LAND OFFICE AT HUMBOLDT, CAL.

Sales of land subject to pre-emption entry. Sales of timber and stone lands

65 61 6

10

10

9,267.48 8,292.08 1,842.05

44.86

[1,382.27J

11.584.83 20, 730. 10 3,560.00

55.4ft

Sales of mineral lands

Exeeaa payments on homestead, timber- cultnre, and other entrioe and locations.

Homestead entries commuted to cash un- der section 2801, Revised Statutes

1,727.85

Total cash sales

152

105

51

5

1

61 162

18,945.87 15, 882. 35

87, 667. 7ft 1 626.50

1,025 00

Final homestead entries....

r7. 617. 651' ' 2flB. SO

'286.50

State selections indemnity sohool

667.87

12.00 10.00

610.00 456.00

l,8ia89

12.00

Applications to purchase mineral lands. . . Applications to purchase timk»er and stone

10.00

610.00

Pre-emption declaratory statements

Amount received for reducing testimony to writing

466.00

1, 31S. 89

Total of all classes of entries and amount received therefrom

527

36.496.09

888.00

8,43L80

41, 977. 66.

Salaries, fees, and commissions of register and receiver

6, 300. 01

88 10

Incidental expenses

251.30

Total

5, 639. 41

Digitized by VjOOQIC

268 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

Statement of the business transaoM at the looal land offices^ etc. Continned.

LAND OFFICE AT INDEPENDENCK, OAL.

]The area in brackets is not included in the aggregate by States, having been accounted for in the

original entries.]

Class of entry.

No.

Sales of land snblect to pre-emption entry

Sales of mineral lands

Supplemental payments

Excess payments on homestead, timber- culture, and other entries and locations.

Original entries under the desert-land act.

Final entries under the desert-land act. . ..

Homestead entries commuted to cash un- der section 2301, Berised Statutes

Acres.

Commis- sions.

Fees.

Total cash sales .

Original homestead entries

Final homestead entries

Lands entered nnder the timber-culture- laws

lAnds entered with military bounty-land warrants

Lands selected under grants to railroads. .

State selections, indemnity school

Applications to purchase mineral lands. . .

Applications to purchase coal lands

Mmeral protests, adverse claims

Pre-emption declaratory statemeots

Amoant received for reducing testimony to writing

Total of all classes of entries and amoant received therefrom

Salaries, fees, and commissions of register

and receiver ,

Expenses of depositing

Incidental expenses

Total.

Ill

26

14

21

1

a

4

5 2

1 84

3, 047. 84 79.33

.^3 10.312.24 [11,610.36] .

1660.00] .

Amount.

$4.

218.50

406.60

12. 5S

.64

678.06 610.35

1,060.00

221

18,489.84 .

3,728.00 ' [2, 120. 00]

2,266.07

160.00 120.00 400.00

$168.00 105.00

84.00

1235.00

19, 87& 60

403.00 105.00

155.00 I 239.00

4.00 4.00 8.00 50.00 6.00 10.00 102.00

289.67 !

4.00 4.00 8.00

60.00 6.00

10.00 102.00

280.67

20,112.91

867.00

863.67

21, 097. 27

2,228.19 100.46 580.40

26,868.0

LAND OFFICE AT LOS ANGELES, CAL.

Sales of land subject to pre-emption entry.

Sales of timber and stone lands

Sales of mioeral lands

Excess payments on homestead, timber- culture, and other entries and locations.

Original entries under the desert-land act.

Final entries under the desert-land act. . . .

Homestead entries commuted to cash nn- der section 2801, Revised Statutes

Total cash sales.

Original homestead entries

Final homestead entries

Lands entered nnder the timber-culture

laws

Final entries under the timber-oulture laws . Lands entered with militai^ bounty-land

warrants

Lands selected under grants to railroads. .

State selections, school indemnity

Indian allotments

Applications to purchase mineral lands. . . Applications to purchase timber and stone

Mineral protests, adverse oiaims' .'.'.'.'.'. ".\.

Pre-empuon declaratory statements

Soldiers' and sailors' homestead deolara-

torv statements

Amount received for reducing testimony

to writing

Total of all classes of entries and amoant received thereft<om ,

Salaries, fees, and commissions of register

and receiver ,

Incidental expenses

Total.

411

426

147

168 8

4

25

11

1

18

2 296

12

1,685

31, 056. 80 2, 140. 89 8,247.46 [760.00] 77.03 6,810.28 [3, 638. 13]

[11,884.90]

42(782.46

60,658.53 [21,902.34]

20,711.86 [860.001 (160. 00] 320.00 3, 797. 52 801.29 147. 93

3.249.27 1,800.60

682.00

8,005.00

.860.00 18.00

12.00

60.00 22.00

44,044.62 6,84L97 6,166.10

1,289.04

8, 166w 12 3,6I&13

17, 680. 15

88,105.03

7,154.27 1,800.50

1.092.00 12.00

12.00

60.00 22.00

18a 00 I

220.00 20.00 ; 886.00

86.00

494.18

188,169.60

M8L77

7, 106. 13

180.00

220.00

20.00

88&00

86.00

404.13

04,672.08

6,000.00 8,050.50

0,050.50

Digitized by VjOOQIC

ACCOUNTS. 269

statement of the buainesa transacted at the local land offices, etc, Contlnaed.

LAfTD OFFICE AT MARYSVILLB, CAL.

{The area ia brackets is not inolnded in the agffregate by States, havhig been accounted for in the

original entries.j

Class of entry.

No.

Acres.

Commis- sions.

Sales of land subject to pre-emption entry . '

Sales of timber and stone lands

Sales of mineral lands

Excess payments on homestead, timber- onltnre, Msd other entries and locations .

Homestead entries commuted to cash un- der section 2301, Bevlsed Statutes I

Total cash sales.

Original homestead entries

Final homestead entries ,

Lands entered with military bounty*land

warrants

Applications to purchase minend lands . .. Applications to purchase timber and stone

Pre-emption declaratory statements

Amount received for reducing testimony to writing

Total of all classes of entries and amount received therefrom

Salaries, fees, and commissions of regis- ter and receiver

Expenaes of deiMMiting

Incidental expenses

Total .

833

3,880.32 3,456.00 .

965.50 I. [160.00JI \

330. 96 I j

[1,110.40]!.

8,044.87 ;.

10,044.32 I [10,088.23]!

100.00 .

584.S

1

18, 840. 19 1, 080. 96

Fees.

Amount.

1666.00 ,

4.00 110.00

260.00 207.00

750.73

1,996.73

$5,800.62 8,647.72 2,620.00

629.24 1,309.25

18, 696. 8a

•1.161.02 684.94

. 4.oa

110. 0<^

260.00 207. M^

750.7a

21,674.52

3,729.06

21.75

340.00

8,990.80

LAND OFFICE AT SACRAMENTO. CAL.

Sales of land subject to pre-emption entry.

Salea of timber and stone lands

Sales of mineral lands

Exoess payments on homestead, timber- culture, and other entries and locations.

Original entries under the desert-land act.

Final entries under the desert^land act

Homestead entries commuted to cash un- der section 2301, Revised Statutes

Total cash sales.

Original homestead entries

Final homestead entries

State selections, indemnity school

Applications to purchase mineral lands . . . Applications to purchase timber and stone

Mineral protests, adverse claims

Pre-emption declaratory statements

Soldiers' and sailors' homestead declara- tory statements !

Amount^eceived for reducing testimony to writing

47 139 69

10

2 2

12

271

261 176

4

129,

142 I

5,858.12

18,066.99

3, 141. 13

[40.00]

56.16

76.59

[120. 00]

[1,740.36]

27,19a 99

36. 962. 44

[23, 395. 16] 560.00

1,698.54 1,292.21

2,416.00

Total of all classes of entries and i amount received therefrom | 1, 057 1

Salaries, fees, and commissions of regis- I

ter and receiver j

Expenses of depositing

IncideDtal expenses

64,72L43

Total.

2,990.75

8.00 680.00

1.290.00

50.00

426.00

3.00

1,638.63

6, 610. 63

8.446.81

45, 167. 55

9.902.50

169.49

19.15 120.00

3.026.4&

66, 850. 9&

4, lia 54

1,292.21

8.00

680.00

1.290.00

50.00

426.00

3.00

1, 638. 63

76,362.3a

6,000.00

56.75

1,049.50

"106.25

Digitized by VjOOQIC

270 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

Statement of the huniness transacted at the local land offioee^ etc* Continued.

LAND OFFICE AT SAN FRANCISCO, CAL.

(The area in brackets is not Included in tlie aKgreKate by States, having been aocouhted for in the

orlj^lnal entries.]

Class of entry.

Sales of land subject to pre-emption entry .

Sales of timber and stone lands . I

Sales of nilnerallands

Excess payments oil homeatead, timber-

culture, and other entries and locations. . Homestead entries commuted to cash on- j

der section 2301, Revised Statutes |

No.

Acres.

402 I

110 I

6 I

47 '

127

Total cash sales.

Original homestead entries

Final homestead entries

Lands entered under the timber-culture

laws

Final entries under the timber-culture

laws '.

Lands entered with military bount3'-Iand

warrants

State selections, indemnity school

Applications to purohane mineral lands . . Applications to purchase coal lands

56. 963. 19

18. 462. 24

414. 70

243. 37

ri8,488.67]

Commis- sions.

Applications to purchase timber and stone lands ;

Preemption declaratory statements i

^Idiers' and sailors' homestead declara- < tory statements |

Amount received for reducing testimony I to Writing

439

198 '

51 :

ll

36

^ <

2 ,.

9 ,.

110 I.

530 j.

71,083.50

64, 057. 84 129,310.23;

7, 390. 93

[40. OOJ

3, 279. 32

5, 182. 86

Fees.

Amount.

$72,804.84

33,655.72

1. 685. 00

462.77

23, 110. 78

$2, 532. 00 1, 24& 00

204.00 I

$4, 110. 00

Total of all classes of entries and amount received therefrom

475.00

4.00

130.00 68.00 . 20.00 i 27.00

1.100.00 1,617.00

9.00

825.78

I

131, 719. 11

6. 642. 00 1,248.00

679.00

4. OH

130.00 68.00 20.00 27.00

1, 100. 00 1,617. CO

9.00

825.78

2,113, 160,994.46 8.984.00

8. 385. 78

Salaries, fees, and oommissiona of register

and receiver

Incidental expenses

Total.

144, 088. S9

4,845.36 3, 321. 50

8,166.86

LAND OFFICE AT SHASTA, CAL.

Sales of land subject to pre-emption entry . | 77

Sales of timber and stone lands , 218

Salvs of mineral lands ■; 3

Excess payments on homestead, timber- ;

culture, and other entries and locations . 9 !

Original entries under the desert-iand act.i 1 '

Final entries under the desert-land act 2

Homestead entries commuted to cash un- \

der section 2301, Revised Statutes 20 ; [2. 7«3 40]

9, 947. 41

33, 851. 27

06.12

32.58 120.00

1640. OOJ

Total cash sales.

Original homestead entries

Final homestead entries

Lands entered under the timber -culture laws

Lands entered with military bounty-land warrants

Lands selected under grants to railroads. .

Indian allotments

Applications to purchase mineral lands . . .

Applications to purchase coal lands

Applications to purchase timber and stone lands

Pre-emption declaratory statements

Soldiers' and sailors* homestead declara- tory statements

Amount received for reducing testimony to writing

209 174

34

8 14 2 4 2

218 217

41, 047. 38

30,968.40

126. 472. 85 J

4, 821. 18

320.00

2,097.22

320.00

1, 868. 42 1,699.66

136.00

18, 187. 04

84. 628. ro

295. to

67.54

60.00

1.440.00

5, 184. 23

1,975.00

290.00

12.00 26.07

Total of all classes of entries and amount received therefrom

Salaries, fees, and commissions of register

and receiver

Expenses of depositing

Incidental expenses

1,208 j

82, 074. 18

Total.

40.00 6.00

2, 180. 00 651. 00

3.00

1,344,03

I

3,704.08

6, 5'>7. 10

109, 862. 01

3,843.42 1.699.66

426.00

12.00 26.07

40.00 6.00

* 2, 180. 00 65L00

3.00

1.344.03

120,098.19

5.578.80

271.85

2,042.90

7.898.55

Digitized by

Gcx)gle

ACCOUNTS. 271

Statemeni o/ tht husine9$ transaoted at th^ local land offlceSf etc. Continued.

LAND OFFICE AT STOCKTON, CAL.

(The area in brackets is not included in the aggregate by States, having been accounted for in the

original entries.]

CladB of ent^y.

Seles of land sobjeot to pre-emption entry.

Sales of timber and stone lands

Sales of mineral lands

Excess payments on homestead, timber- culture, and other entries and locations .

Homestead entries commuted to cash un- der section 2301 , Revised Statutes

No.

129

MI

19

18

Acres.

Commis- sions.

18,460.54 .

83,806.36 .

334.87 .

[210. 53]

60.85

[5. 062. 04] .

Total cash sales.

747 102,671.62

$888.11 607.68

168.00

$1,500.00

Original homestead entries 160 23,283.16

Final homestead entries * 120 [18,604.31]

Lands entered under the timber-culture

laws I 42 5,833.35

Lands selected under grants to railroads . . 2 320. 00

State selections 2 425.28 i

Applications to purchase mineral lands 17 Applications to purchase limber and stone I

lands 541

Pre-emption declaratory statements | 246

Amount received for reducing testimony | |

to writing ; 1 1,752.04

Fees.

Amount.

$23, 086. 92

209, 515. 92

1,476.00

389.22 7, 747. 11

375.00 4.00 4.00

170.00 ,

5.410.00 I 738.00

242,164.17

2,388.11 697.68

543. 00 4.00 4.00

170.00

5.410.00 738.00

1, 762. 04

Total of all classes of entries and ,

amount received therefrom 1.876,

I 1 I

132.533.41 1,753.79 9,953.04 1 253,871.00

Salaries, fees, and commissions of register and receiver .

Expenses of depositing. Incidental expenses

Total

6, 000. 00

262. 80

1,373.80

7, eaa. 60

LAND OFFICE AT SUSANVILLE, CAL.

Sales of land subject to pre-emption entry. {

Sales of timber and stone lands {

Sales of mineral lands

Sales of Lassen County desert lands

Supplemental payment

Excess payments on homestead, timber- {

culture, and other entries and locations . '

OrigiDHl entries under the deseit-land act.

Final entries under the desert-land act

Homestead entries commuted to cash un- der section 230 1, Revised Statutes

Total cash sales .

Original homestead entries

Final homestead entries

l^ands entered under the timber- culture laws

Applications to purchase mineral lamls ...

Applications to purchase timber and stone lands

Lassen County desert filings

Pre-emption declaratory statements

Soldiers' and sailors' homestead declara- tory statements

Amount received for reducing testimony to writing

72 53

43 2

65 174 108

Total of all classes of entries and . amount received therefrom . . . '

Salaries, fees, and commissions of register

andteceiver

Ejipenses of depositing

Incid ental expenses

ToUl.

706

9,955.29 .

6,837.22. .

4&86 .

400.00 ,

3.46 ,.

12.73 , 2,266.18 .

[3,809.24] .

[1,511.29]

19,523.74

10,660.01 I [8,048.52]

4, 992. 96 I

403. 14 301.74 I

172.00

680.00

335.00 20.00

650.00 522. 00 324. 00

3.00

480.34

35.186.61

876.88 I 3,014.34

12, 494. 08

17, 093. 01

245.00

500.00

21.55

15.91

566.55

3, 809. 24

1. 889. 11

36, 634. 45

1,083.14 301.74

507. 00 20.00

050. 00 522.00 :i24. 00

3.00

480.34

40,525.67

4.608.86 192.50 206.65

5, 008. 01

Digitized by VjOOQIC

272 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

Statement of the hnsineas traMOot&d at the local land offioee, eto.— Continaed.

LAIH) OFFICE AT VISALIA, CAL.

[The area in braoketa is not incladed in the ai^crregate by States, having been accounted for in the

original entries.]

Class o( entry.

Sales of land sabject to pre-emption entry.

Sales of timber and stone lands

Bonus for preference rifi^ht to file

Excess payments on homestead, timber-

cnltnre, and other entries and locations. QriKinal entries ander the desert-land act. Final entries nnder the desert-land act . . . Homestead entries commuted to cash under

secUon 2301, Revised Statutes

Total cash sales.

Original homestead entries

Final homestead entries

Lands entered under the timber-cultuie laws

Indian allotments

Lands selected under i^ranta to railroads. .

Applications to purchase coal lands

ApplioationB to purchase timber and stone lands

Pre-emption declaratory statements

Soldiers' and sailors' homestead declara- tory statements

Amount received for reducing testimony tovridng

No.

Acres.

Total of all classes of entries and amount received thereftt>m

Salaries, fees, and commissions of register

and receiver

Expenses of depositing t

Incidental expenses

Total.

Commis- sions.

I Amount.

165 I 100 I

2«,1»4.14 $43,a9L63

16,156.53 1 ' 40,388.86

1 31.00

46

10 27

104

24&73 I.

5, 807. 63 ; .

[18, 740. 00] .

f 16, 126. 20] I .

161

362 121

169

2

158

7

109 269

1,666

46,906.03 ;

54,886.41 I [18,757.81]l

26,416.68 ! 820.00 .. 24,97a61 .

$8,041.91 1,184.88

676b 00

1

152,607.78 1 4,902.79

I

431.88 2; 493. 82 14,060.90

29,793.18

$3,490.00

1.626.00 ;

180,590.77

6,63L91 1.184.88

2,801.00

816.00 21.00 I

1,090.00 ' 807.00

21.00

1,203.20

816.00 2L09

1,090.00 887.00

2L0O

1,203.20

8,678.20 , 144.066L76

6,600.00

828.45

.1 2.800.66

9. 124. 11

LAND OFFICE AT CENTRAL CITY, COLO.

Sales of land subiectto pre-emption entry, i

Sales of mineral lands

Excess payments on homestead, timber- I culture, and other entries and locations. . I

Homestead entries commuted to cash un- der section 2301, Revised Statutes

Total cash sales.

Original homestead entries '

Final homestead entries i

Lands entered under the timber-culture

laws

School indemnity I

Applications to purchase mineral lands. . .

Mineral protests, adverse claims |

Pre-emntion declaratory statements

Soldiers' and sailors' homestead declara- tory ststements I

Amount received for reducing testimony I to writing

44 ,

153

206

6 8

112 16

119

Total of all classes of entries and amount received therefrom

Salaries, fees, and eommlssions of register {

and receiver

Incidental expenses I .

561

Total.

6, 318. 64 I . 1,053.61 ,.

89.25 .

[680.00] .

7, 411. 50 .

8,236.75 ' [5.710.501J

720.00 ' 1,319.45 ,.

33L00

525.00

20.00 '

45.00

16.00

1,120.00

150.00

867.00

3.00

294.06

17,687.70

590.47

8.148.29 5,442.50

49.05

650.00

14,489.84

856.00 239.38

65.00

l&OO

1, 190. 00

150.00

357.00

3.00

294.

2,610.06 1 17,590.87

.1 3.885.31 207.00

i082.81

Digitized by VjOOQIC

ACCOUNTS.

273

Statement of the husineu traneaoted at the looal land officee^ ete. ContiDa<»d.

LAND OFFIOJB AT D£L NORTE, COLO.

(Xlie area In braoketa is not Inolnded in the aggregatA by Skates, having been aooonnted for in the

origioal entries]

Class of entry.

No.

Acres.

Commis- sions.

Fees.

Amount.

SAles of land snbjeot to pre-emption entry. S Ales of mineral lands

184 24

20

116

28,510.28 638.33

60.58

[18,260.45]

$35, 637. 85 2,452.50

75.78

caltQte, and other entries auU locations .

der seciiun 2301. Revised Statutes

22 825.57

Total cash sales

844

123

49

92

1 22

1

.A

4

28.210.20

18,680.19 [7,887.84]

13,826.06

160.00

60, 991. 65

$700.50 277.60

868.00

$1,205.00

1, 905. 59

277.60

r»aiid8 entered nnder the timber-culture laws

880.00

1 9Ak AA

-warrants . . ...

1

i.00 1 AA

Applications to purchase mineral lands. . .

A pplications to parohase coal lands

!M. ineral protests, adverse claims

220.00 ' 8.00 10.00

220.00

3.00

in OA

Pr«-emption declaratory statements

Soldierd' and sailors' homestead deolara- tery statements

396.00 ' 306.00

.•••••......

12.00 1 12.00

Amount received for redacing testimony ■to writinff

L6J8. 51 ' 1 633.51

Total of all classes of entiles and amount received thereftx>m

760 1 61,877.35 ' 1,846.09

4,863.51

66.701.25

Salaries, fees, and commissions of register AD't receiver

1

5,844.42

92.25

1, 1.^1.70

Sxpenses of depositing

j

Incidental expenses. . T.

: 1 :":

;

Total

7.088.37

LAND OFFICES AT DENVER, COLO.

Sales of land snbject te private entry

Sales of land subject to pre-emption entry.

Rent from Oovemment lots

Sales of mineral lands

Hales of coal lands

Sales of town sites

jBxcess payments on homestead, timber- culture, and other entries and locations .

Homestead entries commuted to cash un- der section 2301 , Revised Statutes

Homestead entries commuted to cash un- der section 2, act June 15, 1880

Total cash sales .

Original homestead entries

Final homestead entries

Lands en ered under the timber-culture laws

Final entries under the timber-culture laws

Lands entered with military bounty land warrants

A pplications to narchase coal lands

Pre-emption declaratory statements

Soldiers' and sailors' homestead declara- tory statements

Amount received for reducing testimony towriting

1 1.115

1 1 1

179

514

1

Total of all classes of entries and amount received therefrom

Salaries, fees, and commissions of register

and receiver

Incidental ezi>enses

ToUl.

1.813

319

811

21

2

37

1,064

31

5,336

160.00 174, 79& 13

10.32 160.00 160.00

493.71

[81,163.68]

[160.00]

175, 781. 16

187,874.03 [49, 486. 71]

130.703.84

[3. 000. 00]

330.00

8,880.25 I 2,773.00

3,364.00 I

400.00

238, 425. 41

186.00

5&00

8, 200. 00

400.00

792. 87

113,672.08

184.00

11,835.00

8,260.00

84.00 I

8.00

111.00

3,192.00

93.00

2,867.42 \

857. 264. 36

20,715.25 2, 773. 00

II, 624. 00

84.00

8.00

111.00

3. l\>-2. 00

93.00

2, 8«7. 42

484,678.63 I 15.017.25 25. 950. 42 \ SOS, "2^^. 03

.\ «,OO\).00

-\ e,4A7.ftT

-i ia,*57.87

9405 L o 8

Digitized by VjOOQIC

274 REPORT OF COMMISSIONER OP GENERAL LAND OFFICE. SUtemeat of the bminws transaoted at the local land oJHoeBf ete.— Coutioaed.

LAND OFFICE AT DURANGO. COLO.

[Che area in brackets in not inoladod in tUe as^zrescite bv States, having been aooounted for in the

orficlnal entries. ]

Clana of entry.

No.

Acres.

Commis- sions.

Feea. ' Amount.

1

Sales of land Hnlnoct to pre-emption entry. SalcH of luinoral laudH . .

67

9,478.80 669.30 18&88

11.36

[3.787.27]

$11,092.80 3,600.00

' 56

2

0

20

8, 777. 00

KzceM paymenu on homeetead. timber- oiiltnre m ml other entriaa and locationA .

51.71

Homestead i*nti'iBS commoted tu cash nn-

der section 'MOl Revised Statutes

4.734.11

Total cash salea 4

160 75 43

U

10,373.34 11,120.10 [6.469.801

1,400.00

23,755.72

Original homeHtead entries. .. ...........

$423.00 243.00

41.00

$716.00

1, IS&OO

Final homestead entries

243.00

Lands entered under the timber-culture laws

Lands entered with military bounty land warrants ... ..... .....................

100.00

144.00

1 1 120. M

iw

630.00 222.00 130.00 324.00

15.00

697.81

3.00

Applicaty>n9 to pnrchaae mineral lands. . Anplications to purchase coal lands

63

74

13

lofl

630.00

222 00

130.00

Pre-emption deelaratory statements

824.00

Soldiers' and sailors' homestead declara- >

torv fitatements .... . . .

»

16 00

Amount received for reducing testimony to writinir . .............................

- 507.81

Total of all classes of entries and amount received therefrom

. 553

23,103.41

710.00

2,736.81

87,202.03

Salariea, ffcs. and commissions of register and receiver

4,100.80

Sinenses of denosit inir ... ........... ..

6L25

Incidental exnenses

375l60

Total

i 543. 11

LAND OFFICE AT GLBNWOOD SPRINGS, COLO.

Sales of land subject to pre-emption entry.

Sales of mineral lands

Sales of coal laifds

Excess payments on homestead, limber- culture, and other entries and locations.

Homestead enti-ies commuted to cash un- der section 2301, Reviaed Statutes

Total cash sales.

Original homestead entries

Final homestead entries

Lands entered under the timber-culture

laws

Iiands entered with military bounty land

warrants

Applications to purchase mineral lands. . .

Applications to purchase coal lands

Mineral prot«sts, adverse claims

Preemption declaratory statemraita

Amount received for reducing teatimony

to writing

187

1 112 104 44

379

Total of all claaaea of entries and amount received therefrom I

952

Salaries, fees, and commissions of register

and reo<>iver I

Incidental expenses I

Total.

•I-

10, 514. 79

1,985.60

400.00

7.14

[2,038.65]

12, 907. 53

11.408.55 [3,827.7P]

3,761.42

160.00

28,287.50

427.87 143.54

116.00

715. or

245.00

4.00

1,120.00

812.00

440.00

1,137.00

072.70

687.41

i645.70

.1

13, 148 51

9.135w00 4,000.00

8.95

2,54&81

28,839.77

1.142.87 143.54

aOLOO

4.00

1.120.00

SHOO

440.00

1,187.00

072.70

84,108.88

0,000100 1.038 25

Digitized by VjOOQIC

ACCOUNTS.

275

Statement of the bu»inet$ transacted at the local land officeej etc. Oontinoed. LA.KD OFFICE AT GUNKISON, COLO.

(The area in brackets ia not Included in the a^^jregate by States, having been acoonoted for in the

origlnid entries.]

Class of entry.

No.

Acres.

Commis- sions.

Fees.

Amount.

Sales of land snbieet to pre-emption entry. Sales of mineral lands -

15 83

1

2,256.58

781.63

80.00

$2,821.70 8.305.00

Sal^ftt nf coal lands

1,600.00

Total cash aales

40

10 6

0

41 51 10 80

8,118.11

2,680.20 [060.00]

760.00

7,726.70 270.60

Oriirlnal homestead entries

$100.50 36.00

3&00

$170. 00

86.00

Lands entered under the timber-culture laws

60.00 410.00 153.00 100.00 240.00

123.47

06.00

Applications to purchase mineral lands...

Applications to purchase coal lands

liiiieral protests, adTerse claims

410.00

158.00

100.00

Pre-empiion declaratory statements

Amount received for reduoing testimony to writing

240.00

"

123.47

Total of all classes of entries and amount s received therefrom

265

6,658.31 1 172.50

1,256.47

0.156.67

Salaries, feeK,4uid commisslors of register and receiver

2,482.80

15.40

305.00

Incidental eznenses -

Total

2,803.20

LAND OFFICE AT LAMAR, COLO.

Sales of land snliject to pre-emption entry.

Kzcess payments on homestead, timber-

CTiItuTf, and other entries and locations . .

201 20 173

45,ir.07

46.76

[46,003.04]

57,208.01 60.01

Homestead entries commuted to cash un- der section 2301, Revised Statutes

34,141.12

Total cash sales

484

206

57

138

1 134

18

46,172.82

32,875.86 [0.008.28]

21,613.78

160.00

01,410 04

8,415.75 378.00

Original homestead entries

Final homestead entries

1,875.75 378.00

652.00

2,040.00

Lands entered under the timber-culture laws

1,360.00

4.00 402.00

30.00

722.70

1,012.00 4.00

Lands entered with military bounty-land

Pre-emption declaratory statements

Soldiers' and sailors' homestead declara- tory statements

402.00

80.00

Amount received for reducing testimony to writing............

722.70

Total of all classes of entries and amounts received therefh>m

1,083

00,852.46

2,806.75

4,667.70

08.283.68

Salaries, fees, and commissions of register and receiver

5,570.28 66.40

IncideDtal ezj^enses

2.884.62

Total

8,530.20

Digitized by VjOOQIC

276 REPORT OP COMMISSIONER OP GENERAL LAND OFFICE. Statement of the 1m»ine»$ transacted at the local land offieeSf e<o.— Continoed. LAND OPPICB AT LBADVILLE, COLO.

(The area Id brackets Is not inoladed In the agf^regate by States, haviog been acooanted for In the

orlginu entries.]

Class of entry.

No.

Acres.

Commis- sions.

Fees.

Amount.

Sales of land snbiect to preemption entry Sales of mineral lands

46

148

6^861.07 3,458.68

$8 563.80

14, 320. 00

SnDDlsmfintiLl Dftvmiiiit. ••.•• ... .... •••

5.00

Excess payments on homestead, timber- onltnre, and otlier entries and locations -

6

8

17.40 [1,280.00]

21.77

Homestead entries commnted to cash nnder section 2801, Revised Statutes ...

1,600.00

Total cash sales. ....................

207

88 84

6

124

18

120

8

10, 827. 16

5, 690. 65 [5,165.55]

800.00

24,510.57 582.50

Orlirinal homestead entries

$217.50 198.00

24.00

$366.00

198.00

Lands entered under the timber-coltnre laws

55.00

79.00

Applications to purchase mineral lands . . . Mineral protests, Rd^ersA claini^

1,240.00 180.00 860.00

9.00

620.01

1,240.00 180.00

Pre-emption declaratory statemento

Soldiers' and sailors' homestead declara- tory statements

360.00

9.00

Amount received for redncing testimony to writing - -.-..

520.01

Total of all classes of entries and amosnt received therefrom

650

16,817.81

489.50

2,729.01

27,679.08

Salaries, fees, and oommisslons of register and receiver

4,238.09

Expenses of depositing

44.90

Tn«r^dental expenses ,■."--,.. ^ . ,, »,.....

495.05

Total

4,778.64

LAND OFFICE AT MONTBOSE, COLO.

Sales of land to preemption entry

Sales of mineral lands

17 43

2,675.68 704.28

3,844.60

8,275.00

Total cssh sales

60

21 2

1

48 38 12 340

8,879.91

8,231.24 [280.001

160.00

6, 619. 60 326.50

Oriflinal homestead en tries

12L50 10.50

i.00

206.00

Final homestead entries

10.50

Lands entered under the timber-calture law

10.00

480.00

114.00

120.00

1,020.00

966.45

14.00

Applications to purchase mineral lands . . .

Applications to purchase coal lands

Mineral protests, adverse olaims

480.00

114.00

120.00

Pre-emption declaratory statements

1, 020. 00

Amount received for reducing testimony to writing

966.45

Total of all classes of entriea and amount received thereft^m

522

6,771.16

186.00

2,916.45

9,671.05

Salaries, fees, and commissions of register and receiver

4,866.18

Expenses of depositing

*43.90

Incidental expenses

466.15

Total

5. 875. 23

Digitized by VjOOQIC

ACCOUNTS. 277

statement of the huainess transacted at the local Uwd oficee, etc. Continaed.

LAND OFFICE AT PUBBLO, COLO.

(The area in braoketa la not inolodod in the aggregate by States, having been aooonnted for in the

riginal entries. I

orig

Class of entry.

No.

1 466

0 82

46

124

Acres.

Commis- sions.

Fees.

Amount.

Sales of land snbjeot to private entry

Sales of land snMeot to pre-emption entry. Sales of mineral ands

80.00

60,006.80

430.12

8,7ia84

175.08

[18,607.60]

0100.00

87,688.12

1,320.00

54,820.70

210. 47

Sales of coal lands

Excess payments on homestead, timber- culture, and other entries and tocations..

Homestead entries commuted to cash un- der section 2301 Revised Statutes

23,844.21

Total rash sales

678

460 167

312

1

3

18

401

2

627

0

74,300.03

60, 610. 34 [35,121.101

82,47L67

[80.00]

400.00

167,287.50 7,033.37

Orl;^nnl homestead entries

12, 613. 37 046.16

84&00

$4, 420. 00

Final homestead entries

045.16

Lands entered under the timber-culture laws

2,056.00

4.00

10.00 130.00

2,003.00 4.00

Final entries under the timber-culture Iaws

Lands entered with military bounty -land warrants

...... ......

10.00

Applications to purchase minen^ lands

Applications to pnrohase coal lands

Mineral protests, adverse claims

Pre-emption declaratory statements

t or V statements ........ . ......

130.00

1,473.00

20.00

1,881.00

27.00

2,314.60

1,478.00 20.00

1,881.00

37.00

Amount received for reducing testimony to writing

2; 814. 60

;

Total of all olasses of entries and amount received therefrom

2,663

176,70L84

i 406. 53

12,884.60

184,028.72

Salaries, fees, and commissions of register and receiver

6,000.00

Incidental expenses

6,262.16

Total. i

11,862.16

i

LAND OFFICE AT GAINESVILLE. FLA.

Sales of land subject to private entry ^

Sales of land snbjeot to pre-emption entry. Sales of abandoned militory reservations, graduation entries

3

14

1

615

56

3

[510.87] 1,184.15

[280. 70J

68&35

510.87

1,480.21 60.00

Excess payments on homestead, timber- culture, and other entries and locations..

707.20

Homestead entries commuted to cash un- der section 2301, Revised Statutes

Homestead entries commoted to cash un- der section 2. act June 16.1880

[6,100.861

[102.66]

7,750.63 206.83

1 .

Total cash sales

682

1,202 071

1 32 77

1,822.50

152, 007. 76 [126,020.07]

156.00 6,216.18

1

10,814.71 13. 000. 88

Original homestead entries ................

8,806.83 8,180.44

10, 185. 00

Final homestead entries

8,130.44 4.00

Lands entered with military bounty-land warrants

4.00 62.00 154.00

425.57

Lands selected under grants to railroads..

Amount received for reducing testimony to writing

62.00

154.00

425.57

Total of all olaases of entries and

3,076

150.201.44

6,046.27

10, 830. 57

28,500.66

and receiver ..'...

6.000.00

Expenses of depositing.

13.10

Incidental expenses. .T

8,704.43

Total

0,716.63

1

1

Digitized by VjOOQIC

278 EEPOKT OF COMMISSIONER OF GENERAL LAND OFFICE.

StaieiMnt of the huainMt troMooted at the local land of^ce^ etc.— Contiuaed.

LAND OFFICE AT BLACKFOOT, IDAHO.

(The area In brackets is not included in the aggregate by States, having been accounted for in the

ori^al entries.]

Class of entry.

Sales of land subject to pre-emption entry.

Townsites

Excess payments on homestead, timber- culture, and other entries and locations..

Original entrios under the desert-land act.

Final entries under the desert-land act . .

Homestead entries commuted to cash un- der section 2301, Revised Statutes

Total cash sales .

Original homestead entries

Final homestead entries

Lands entered under the timber-culture

laws

Final entries under the timber^culture

laws

Pre-emption declaratory statementa

Amoant received for reducing testimony

to writing

No.

32 197 48

27

224 222

133

1 188

Total of all classes of entrios and amounts received therefrom

Salaries, fees, and commissions of register

and receiver

Expenses of depositing

Incidental expenses

ToUl.

1,163

Acres.

12,261.98 1.265.67

06.76 48,039.03 [ 7, 690. 12]

14.072.76]

Commis- sions.

61,663.84

33,776.89 133,459.68]

18,444.57 I

180 00]

$1, 282. 50 1.302.00

632.00

Fees.

Amount.

$16,327.61 1,581.96

120.99 11. 969. 81 7,690.22

5. 090. 97

$2, 145. 00

1, 190. 00

4.00 504.00

1,25&84

41,771.46

3, 427. 50 1,302.00

1,722.00

4.00

564.00

1,258.84

113, 884. 80 I 3, 116. 50 6, 161. 84 i 60, 049. 80

6,000.00

93.40

607.57

6, 790. 97

LAND OFFICE AT BOIS£ CITY, IDAHO.

Bales of land subject to pre-emption entry. Sales of mineral lands

40 2

11 147 28

0

5, 026. 65 94.16

27.23

6,283.26 475. 00

culture, and oth<*r entries and locations. .

34.04

Original entries under the desert-land act.

56,684.85 ( 10, i77. 78]

14, 171.35

Final entries under the desert-laud act

10,207.78

Homestead entries commuted to cash un- der section 2301, Revised Statutes

[ 1, 399. 66]

1

1. 749. 45

Total cash sales

237

134 90

101

2

1

132

61.832.79 19 054 52

1

82 920 88

I "

1, 919. 41 407.91

Final homestead entries

[13,* 274. 24] ilnUx 1 '...T'T'

Lands entered under the timber-culture laws

14,225.99 [160.00]

1

404.00 1 O2IL0O

1, 829. 00

Final entries under the timber-culture laws

8.00

3.00

396.00

690.18

8.00

Applications to purchase coal lands

Pre-emption declaratory statements

Amount received for reducing testimony to writing

8.00

306.00

090.18

Total of all classes of entries and amounts received therefrom

697

95,113.80

1,616.82

3,267.18

37. 794. 88

Salaries, fees, and commissions of register and receiver

4,371.88 320.00

Incidental ex penses

Total

4.69L88

Digitized by VjOOQIC

ACCOUNTS. 279

SiaUfMnt of the huaineas iranaaoted at the local land offices^ ^to.-- ^Continued.

LAND OFFICE AT CCBUR D'ALBNE, IDAHO.

[The area in braokeU U not included in the aggregate by States, having been accounted for in the

original entriee. 1

ClaM of entry.

No.

Acres.

Commis- sions.

Fees.

Amount.

Sales of land subieot to preemption entry . Salt^ft of inineral landH

14 28

4

10

1,900.25 396.95

4.41

[1,744.22]

$4,750.62 1,667.50

211 02

Excess payments on homestead, timber- culture, and other entries and locations.

der section 2301 Revised Statutes

3 960 66

.

Total cash sales ...

51

52 14

S

1

4 27

2 65

1

2,30L61

7,820.75 (2,288.00]

320.00

[160.001 640.97

10, 689. 70 1,092.15

$592.15 168.00

8.00

$500.00

Pinal homestead entries

168 00

Lands entered under the timber-calture laws

20.00

4.00 8.00

270. 00 20.00

195.00

3.00 207. 07

28 00

Lands entered with military bounty-land warrantM - . - . _ ,

4 00

Lands selected under grants to railroads. . Applications to purchase mineral lands. ..

8 00

270 00

20 00

Pre-emption declaratory statements

Soldiers* and ssilors' homestead declara- tory statements .... .... ...

195 00

3 00

Amount received for redacing testimony to writing

207 07

Total of all classes of entries and amounts received therefrom

219

11.083.33

768.15

1,227.07

12, 5S4. 92

Salaries, fees, and commissions of register anr) receiver

2, 688. 97 13.30

Expenses of depositing

Incidental expenses

180.00

Total

:

2, 8»0. 27

i

LAND OFFICE AT HATLEY, IDAHO.

Saleh of land subject to pre-emption entry. Sales of mineral lands

47

28

1

3 54 32

3

6,942.02 460.70

8,678.70

2,375.00

30 00

Ketcbum town lots

Excess payments on homestead, timber- eultare, and other entries and location . .

13.87 9.789.t9

[4,745.12]

[480.00]

16.73

Original entries under the desert-land act.

2,487.22 4, 745. 12

Final entries under the desert -land act

Homestead entries commuted to cash under section 2301, Revised Statutes

600.00

Total cash sales

168

96 81

36

2

26

4 84

17, 206. 18

18 932 77

Original homestead entries

14 015. 65

ft9o an

900 00

1,429.60 462 00

Fiual homestead entries

[12,190.30]' 462.00

4.519.42 144.00 1

Lands entered under the timber-culture laws

295.(0 6.00 260.00 40.00 252. 00

877 60

439 00

Ketcbum town-lot filings

6 00

Applications to purchase mineral lands . . . Mineral protests, adverse Alaimiff

:::.::::: :::l::::::::::::

260* 00

40 00

Pre-emption diMilaratory statements

to writing

262.00 877 50

Total of all classes of entries and amounts received therefrom

497

85, 741. 25

1,135.60

2,630.50

22, 69a 77

Salaries, fees, and commissions of register and receiver. .. . ......................

3,969.66 14 30

Exnenses of deuositins

Incidental expenses

609.90

Total A

4, 693. 86

Digitized by VjOOQIC

280 REPORT OF COMMISSIONER OP GENERAL LAND OFFICE. Statement of the buHneee traneaeted at ths looal land officeSj etc. Continned.

LAND OFFICE AT LEWISTON, IDAHO.

[The area in bnokets U not included in the ftfffcr«g*te of StAtee, hftylng been acoonnted for in the

original entrioe.]

Class of entry.

JtJTo.

Acres.

Ck>mmis- siona

Fees.

Amount

Sales of land snbieot to pre-emption entry. Sslen of niin<^ral lands

160

1

12 83

21,771.68 16.27

80.74

[4,640.22]

$17 214.66

80.00

Ezceits payments on homestead timber, culture, and oth*)r entries and locations. .

3&42

Homestead entries commuted to cash un- der section 2301, Rerised Statutes

6,856.56

Total cash sales ..x..... x

206

119 146

28

19

248

1

21,817.69

17,008.79 [22,682.58]

2.841.98 [2.799.75]

83,188.64

1,737.81 864.20

Oriffnal homestead entries.

$687.81 864.20

112.00

$1, 100. 00

Final homestead entries

Lsnda entered under the timber-culture Isws

205.00 76.00 729.00

8.00

1.156.62

817.00

Final entries under the timber-culture laws

76l00

Pre-emption declaratory statements

Soldiers' and sailors' homestead declara- tory statements.

729.00

8.00

Amount receiTod for reducing testimony to writing

156. 63

Total of all classes of entries and amounts received therefrom

761

41,668.46

1,614.01

3,269.62

38,073.27

Sslariefi, fees, and commissions of register and receiver

5,242.30

KxT>enft4^H of dftiMMiitincr ..

87.30

Incidental expenses

818.60

Total

1

5,648.29

LAND OFFICE AT DBS MOINES. IOWA.

Sales of iMud sulyeot to pre-emption entry. Sales of cash substitution

6 2

5

320.00 [120. 00]

[484.26]

500.00

150.00

Homentesd entries commuted to cash un- der section 2801, Revised Statutes

706.83

Totsl cash sales

13

15 10

27

11

1 1 7

390.00

1,153.77 [1,000.08]

1,899.98

40.00 40.00

1,356.33

Original homestead entries

Final homestead entries

42.80 60.00

loaoo

96.00

187.30 60.00

Lands entered under the timber-culture laws

155.00

44.00

1.00

8 00

14.00

545.70

263.00

Final entries under the timber-culture laws.

44.19

Lands entered with Valentine serin

Lsndf selected under crants to railroads..

1.00

1.00

Pre em ption declaratory statements

Amount received fh>m reducing testimony to writing

14.00

545.70

Total of aU classes of entries and amounts received therefrom -

85

8.458.70

200.80

856.70

2,411.33

Salaries, fees, and commissions of register and receiver. ............................

1,817.89 1.65

Bzoenses of denositins

Incidental expenses

14LS5

Total

1,960.89

Digitized by VjOOQIC

ACCOUNTS. 281

Statement of the bueineee trantacied at the local land offices, eto.^Cotttin&ed. LAND OFFICE AT GAKDBN CITY, KANS.

(The area in bmoketa to not inolnded in the acgregate by States, haTins been aoooonted for in the

origmal entries.]

Claaa of entry.

No.

Acres.

Commis- sions.

Fees.

Amount.

Sales of land sabject to pre-emption entry. Sapplemental payments

269 2

45

275

41,962.49

$54,887.69 .18

Sxoess payments on homestead, timber- 9tiltiirt>, Rfifl othpr entries and locations. .

55.60 [43,425.84]

100.24

Homestead entries commated to cash un- der section 2301, SoTised Statutes

54. 867. 49

Total cash sales

691

245 527

897

6

1 189

7

42,008.00

37,734.74 [88,311.27]

62,861.42

[800.001

160.00

109,355.60

3,656.13 2,981.40

5,538.00

20.00

Original homestead entries

$1,271.13 2,981.40

1,58a 00

'$2,385.00

3,950.00 20.00

Final homestead entries

Lands entered under the timber-culture laws

Final entries under the timber-culture laws

Lands entered with military bounty-land warrants

4.00 878.00

14.00

337.25

4.00

Pre-emption declaratory statements

378.00

Soldient' at>d sailors' homestead declara- tory statements

14.00

Amount received for reducing testimony to writing

837.25

1

Total of all classes of entriea and amount receired therefrom

1,062

142,784.25

6, 840. 53

7,088.25

122,284.38

Salaries, fees, and commissions of register and recelTor

6,000.00 4, 216. 41

Incidental expenses

'

Total

10,216.41

,

LAND OFFICE AT KIBWIN, KANS.

Sales of land subject to pre-emption entry.

culture*, and other entries and locations.

149

20,568.44

86.47

[6,123.48]

[240.001

25.69&05 44.34

28 47 2

Homestead jentries commuted to cash un- der section 2301 Revised Statutes

7, 854. 86

Homestead entries commuted to cash un- der section 2, act June 15,1880

475.00

Total cash sales

226

J.1

20, 503. 01

22,075.07

[54,S28.47]

21,384.47 [28,214.55]

84,071.75

Original homestead entries

509.77 1,469.47

632.00

1,420.00

2.019.77 1,469.47

2,017.00

776.00

Lands entered under the timber-culture laws

Final entriea under the timber-culture laws

194

1,885.00

776.00 236.00

4.00

747.38

Pre-emption declaratory statements. .. iik

236.00

Soldiers' and sailors' homestead declara- tory statements

2

4.00

Amount received for reducing testimony lo writing

747.38

i

Total of all classes of entries and amount received therefrom

I 1,225 64,063.45

2,701.24

4, 568. 88

41,341.37

Salaries, fees, and oommissions of register

1

6.000.00

Expenses of depositing

44.25

Inmdental expenses

1,479.40

Total

7,523.65

Digitized by

Google

282 REPORT OF COMMISSIONER OP GENERAL LAND OFFICE.

Stalmnent of the huainesa transacted at the local land offices, etc. Contiuned.

LAND OFFIQ^ AT LARNED, KANS.

[The area in braokeU is not included in the aggi-egkte by States, having been accounted for in the / origiuttl entries. J

Class of entry. No. | Acres.

1 1

Commis- sions.

Fees.

Amount.

Sales of land subject to pre-emption entry.

Excess payments on homestead, timber-

caltare, and other entries and locations.

71 14 27

10,860.62

8.76

[8.385.531

$14,988.53

17.68

Homestead entries commuted to cash un- der section 2301, Revised Statutes . . .

5,124.25

1

Total cash sales

112

10,360.88

13.437.08

[44,543.44]

20.501.88 [14,147.421

20, 130. 36

Original homestead entries

06

$503. 83 A860. 00

1 ^uaBst

Final homestead enti-ies

Lands entered under the timber-cnlture laws

294

135

05 01

1,576.00 540.00

i 1.576.00

1,300.00 I 1.840.C0 380.00 1 380.00

Final entries under the timber-culture laws •.

Pre-emption declaratory sUtements

Amount received for reducing testimony to writing

182.00 1 1^2.00

1 1,002.30 1 1,002.39

Total of all classes of entries and amount received tlierefrom

833

44,808.84

2,610.83

3,734.30 1 26.474.58

Salaries, fees, and commissions of register and receiver

6,000.00 2,064.45

Incidental expenses

.

Total

^, 064. 45

I

LAND OFFICE AT OBBRLIN, KANS.

Sales of land subject to pre-emption entry. Excess payments on homestead, timber-

cultnre, and other entries and locations Homestead entries commuted to cash un>

der section 2301, Revised Statutes

Homestead eu tries commuted to cash

under section -2, act June 15, 1880

Total cash sales..

Original homestead entries

Final homestead entries

Lands entered under the timber-culture laws

Final entries under the timber-culture laws

Lands entered ^th military bounty-land warrants

Lands selected under grants to railroads..

Pre-emption declarator^' statements

Soldiers' and sailors' homestead declara- tory statements

Amount received for reducing testimony to writing

855

58

272

1

686

883 702

521

73

\ '

1.479 806

Total of all classes of entries and amount received therefrom : 4, 160

Salaries, fees, and commissions of register I and receiver .

Expenses of depositiug . Incidental expenses

Total.

53, 765. 07

83.50

[41,056.20]

[160.00]

53, 810. 66

50,220.57

1110,871.84]

81. 082. 18

[11,401.15] ( [160. OOJ }

> 160. 00 ; 3

236,583.87

1,768.72 8,117.46

2,084.00

431,706.18

6,070.18

68, 607. 04 107.80

64, 445. 25 382.00

8,740.00

6,145.00

202.00 '

8.00 '

2,067.20 612.00 '

14.00 I

1, 245. 65

123, 542. 09

5,S0&72 3.117.46

7.229.00

292.00

aoo

2,957.29 612.00

14.00

],24&65

14.013.94 1 144,526.21

0.000.0O

204.65

2,847.70

0, 052. 35

Digitized by VjOOQIC

ACCOUNTS.

283

Siatemeni of the business transaeted at the looal land offices etc Continued. LAND OFFICE AT 8ALINA, KAN.

[ The ftrea in bisoketo is not inolndod ia the aggregate by Statea, haWng been aooonnted for in the

original entries.]

Class of entry.

No.

Acres.

Commis- sions.

Fees.

Amoant.

Sales of land enbjeot to pre-emption entry Excess payments on homestead, timber-

caltnre, and other entries and locations. Homestead entries commuted to cash nn-

der section 2301, Revised SUtates

Homestead entries commuted to cash an-

der section 2, act June 1ft, 1880

Total cash sales.

51 ; 8

16 :

2

5.811.43 ' 1 $10,882.89

17.81 1 25.41

[1,637.021 , 2,993.42

[320.00J ' ' 800.00

Orifl^inal homestead entries

Final homestead entnes

Lands entered under the timber-culture

laws

Final entries under the timber-culture

laws

Pre-emption declaratory statements

Amoant received for reducing testimony

to writing

Total of all classes of entries and amount reoeived therefrom

Salaries, fees, and commissions of register

and receiver

Expenses of depositing

Incidental expenses

Total

76

81 262

67

107 40

6,828.74 1 14,451.72

$635.00

9,650.53 [32.446.83]

7,806.88

118.144.80]

$411. 32 1,867.37

268.00

633

22.686.16

2.036.69

495.00

428.00 80.00

677.98

2,815.98

1, 046. 32 1,357.87

763.00

428.00 80.00

677.98

18, 804. 89

4. 610. 68

15.95

9;J3.95

5, 520. 63

LAND OFFICE AT TOPEKA. KAN8.

Sales of land suttjeotto pre-emption entry.

Excess payments on homestead, timber- culture, and other entries and locations. .

Homestead entries commuted to cash un- der section 2301, Revised Statutes

Total cash sales.

Original homestead entries

Final homestead entries

Lands entered under the tlmber-cnlture laws

Final entries under the timber-culture laws

Pre-emption declaratory statements

Soldiers' and sailors' homestead declara- tory statements

Amount reoelvedjfor reducing testimony to writing

13

Total of all classes of entries and amount received therefrom

1, 000. 12

.86

[397.70]

1,800.98

986.29 [6.569.88]

1,496.89

[953. 45J

138

3,483.66

Salaries, fees, and commissions of register

and receiver

Expensee of depositing

Incidental expenses

Total.

81.31 238.86

44.00

1,650.15 2.15 J 994.25

70.00

100.00

28.00 76.00

4.00 95.79

814. 17 I

I

373.79

2,546.55

101.31 238.86

144.00

28.00 76.00

4.00 95.79

8, 234 51

1, 614. 47

5.25

917,65

I 2,637.37

Digitized by VjOOQIC

284 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE. Statement of the husineee transacted at the local land offlceSf eto.— Continaed.

LAXD OFFICE AT WAKEKNEY, KANS.

the aggregate bj origin Al entries.]

[The area in brackets is 'not inoladed in the aggregate by Statea, haTing been aoooonted for in the

' s. J

Class of entry.

No.

Commis- sions.

Fees.

Amoont.

Sales of land subject to pre-emption entry, cultnre, and other entries and locations.

310

51

243

2

46,922.21

9L32

[38,377.71]

[281.84]

$66,677.34

17a 77

Homestead entries comma ted to cash un- der section 2301, Revised Statates

51, 910. 88

Homestead entries commuted to cash un- der section 2, act June 15, 1880

325.26

Total cash sales.

006

541 384

619

65 3

1 142 345

11

47,013.63

79,645.61 [60,032.78]

97.202.11

[10,016.371

160.00 22,648.09

118,992.25

8,058.20 2,454.98

8,676.00

960.00

C^riginal homestead entries

$3,683.20 2,454.96

2.476.00

$5,275.00

Final homestead entries

Lands entered under the timber- culture laws *

6,100.00

260.00 U.00

1.00 282.00 680.00

22.00

839.51

Final entries under the timber-culture laws

Lands entered with military bounty land } warrants >

Lands entered with surveyor-general scrip

J..:

ILOO

5

1.00

Lands selected under grants to railroads . .

282.00

Pre-emption declaratory statements

Soldiers' and sailors' homestead declara- tory statements ««

690.00

22.00

Amount received for reducing testimony to writing «

839.51

Total of all classes of entries and amount received therefrom

2717

246,949.34

8,614.18

18,480.51

141,086.94

Salaries, fees, and commissions of register and receiver

6,000.00

Expenses of depositing

179.00

Incidental expenses

5^ 832. 01

Total

12,011.01

LAND OFFICE AT NACHITOCHES, LA.

Additional payments

4 28 72

6

1

83.80

1,618.54

156.82

[796.89]

[39.90]

56.33

Sale of abandoned military reservation. Fo rt Jessup

2,339.98 289.74

Ex ess paymenU on homestead, timber- culture, and other entries and locations .

Homestead entries commuted to cash un- der section 2801, Revised Statutes

1,294.44 90.75

Homestead entries commuted to cash un- der section i', act June 15, 1880

Total cash sa!es

111

376 180

1.863.66

41,694.46 [19,914.75]

4.080.24 4,380.88

Original homestead entries

1,460.88 661.60

2,980.00

Final homestead entries

06L60

Amount received for rednclng testimony 10 writing

599.39

680.39

Total of all classes of entries and amount received therefrom

667

43, 54'?. 12

2.112.48

8,629.89

9,672.11

Salaries, fees, and commissions of register and receiver......

8,702.40 L80

Expenses of depositing

Incidental expenses

898.80

Total

4.198.00

Digitized by VjOOQIC

ACCOUNTS.

285

Statemeni of the hu9ine$8 tran$aot€d at the local land office$, etc, ContiDaed.

LAND OFflCE AT NEW 0BLSAN8. LA.

[The area in bnokeU is not inoladed in the aggregate by States, having been aoconnted for in the

origiuu entries. J

Class of entry.

No.

Acres.

Commis- sions.

Fees.

Amount.

Sales of land subject to pre^mptioD entry.

12 472

38

7

629

940 689

2i

8 264

86

8

1,887.87

1,449.65

1*5,418.42]

[691.22]

92, 109. 81

1,87L83

6,727.78

774.62

Homestead entries commuted to cash un- der section 2801. Revised Statutes

Homestead entries commuted to cash un- der section 2, aot June 16. 1880

Total frSflh sales

3,187.62

118,000.20 [77,628.541

2,924.98

440.00 42,140.00

11,484.04

18,040.86 1,947.69

96.00

$8,100.00

11,230.36

1,947.69 311.00

Lands entered under the timber-culture laws

216.00

Lands entered with military bounty-land warrants

11.00 11.00

State selections

626b 75 ' 526.75

tory statements

70. 00 70. 00

6.00 440.35

6.00

Amount received for reducing testimony to writing

440.35

Total of all classes of entries and amount received therefrom

2,837

166.642.66

5,083.96

9,469.10

26,027.09

Salariee, f eee, and commissions of register and receiver

6,000.00

Incidental expenses

2,777.50

ToUl

8, 777. 60

1

LAND OFFICE AT QRAYLINO, MICH.

Sales of land safaject to private entry

Sales of land subject to pre-emption entry.

der section 2301, Revised Stotutes

1 1

15

1.00 40 00

11,626.34]

15.00

60.00

2,027.74

Total cash sales

17

94

131

11

I

41.00

9,940.19

[16, 502. 07]

2,092.74

1,001.88 883.66

Oriflrinal homestead entries

281.88 388.66

720.00

Final homestead entries

Soldiers' and saUors' homestead dedara- tory statements

22.00

2.00

48L94

22.00

2.00

Amount received for reducing testimony to writing 7

481.94

Total of all classes of entries and amount received thereftt>m

254

9,990.19

666.63

1,225.94

3,984.21

Salaries, fees, and commissions of register and reoel vpr ,.t -r....^.....-

2,218.81 3.80

Exmnisea of deuositinir ...................

Incidental eznenses.

465.60

Total

2,682.71

Digitized b\i

Google

286 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

Statement of the btmneaa transiioted at Ike local land offices, etc Coutinued.

LAND OFFICE AT MARQt7£TT£, MICH.

(The area in brackets is not inclnded In the agsre^ate by States, having been accounted for in the

original entries.]

Class of entry.

No.

Acres.

Commis- sions.

Fees.

Amount.

Sales of land subject to private entry

Sales of land subject to pre-emption entry. Sales of land at public auction

1 380

1

22 208

2.00

53.391.60

1.12

130.09

[30, 52a 491

$2.60

66,739.49 26.00

Excess payments on homestead, timber* oiilt nre and other entries and locations . .

- 162.62

Homestead entries commuted to cash nnder section 2301 Revised Statutes . .

38,160.62

Total cash sales

621

420 204

22 600

53,524.81

57,104.03 [27,080.831

2,080.00

106, 091. 23

Original homestead entries

$1,428.52 677.02

$8,770.00

5,198.52

Final homestead entries

677.02

Lands entered with military bonntyland wiU'Tants . . ......... .. ..«>

67.00 1.200.00

L 616. 26

^.00

Pre-emption declaratory statements

Amount received for redncing testimony to writinff

1,200.00

1 SIS 9it

Total of all classes of entries and amount received therefrom

],867 112,708.84

' 2.105.54

6,552.26

113,749.03

Salaries, fees, and commissions of register and receiver

6,000.00

17.00

1, 314 52

Exnenses of denosltinflr ............ .....

Incidental eznenses

1

Total

7,33L52

LAND OFFICE AT CROOKSTON, MINN.

Sales of land subject to pre-emption entry. Additional navments.

129 2

29

17,604.23 [319. 70]

23,9I5.6« 399162

cnltare and other entries and locations.

129.64

Homestead entries commuted to cash under section 2301, Revised Statutes

!

21 1 18.281.65]

4,502.07

Total cash sales

181 17. 704. 68

28,976.89 6,209.08

421 829

104

13

5

896

61,44«.51 [125,381.63]

15,435.61

[2,074.44] 785.00

2,239.06 4,074.20

416.00

3.970.00

Final homestead entries

4,074.20

1,406.00

62.00

T<ands entered under the timber-culture laws

990.00

62.00

10.00

792.00

2,190.86

Final entries under the timber-culture

UwB

Lands selected under grants to railroads. .

Pre-emption declaratory stacemento

Amonnt received for reducing testimony to writing

10.00

792 00

2,190.86

Total of all classes of entries and amount received therefh)m

1,949

P5.37L80

6,729.26

8,004.86

43,710.51

Salaries, fees, and commissions of register

6,0OQL0O 88.75

Expenses of depositing

Incidental exnenses.

1,850.30

Total

7,889lQ5

Digitized by VjOOQIC

ACCOUNTS.

287

statement of the bttHneseJraneacted at the local land offices^ e/c— Continned. * LAND OFFICE AT DULtJTH. MINN.

[The area in brackets ia not ioclnded in the aggregate by States, having been accounted for in the

orij^al entries.]

Class of entry.

No.

Acres.

Commis- « sions. '^®***

Amount.

Sales of iHnd subject to pre-emption entry. Supplemental payments

232

4

28 101

34,060.56 235.48

147.74

[14,096.73]

$43,393.80 294.05

Excess payments on homestead, timber- culture, and other em rise and locations

234.85

Homestead entries commuted to cash un- der section 2301, fievised Statutes

48,405.64

Total cash ssles

866

876 45

2 490

34,438.73

47.840.09 [5,606.67]

(120.001

62, 828. 94

Original homestead Entries

$1,510.49 222.45

$3,286.00

4,795.49 222.45

Lands entered with military bounty-land wprnwts . . . . r , ,

2.00 980.00

l,lia46

2.00

Pre-emption declaratory statements

Amount received for reducing testimony to writing

9S0. 00

1,118.46

Total of all classes of entries and amount receired thert* ftom

1,278

82,274.42

1,782.94

5,885.46! 69,447.34

Salaries, fees, and commissions of register and receiver

5, 01& 09 949.07

Incidental expenses

Total

6,864.16

LAND OFFICE AT MARSHALL. MINN.

Sales of land subject to private entry

Sales of land sulject to pre-emption entry.

Excess payments on homestead, timber- culture, and other entries and locations .

Homestead entries commuted to cash un- der section 2301, Revised SUtutes

Total cash sales.

Original homestead entries

Final homestead entries

Lands entered under the timber-culture

laws

Final entries under the timber-culture laws. Lands selected under grants to railroads ..

Pre-emption declaratory statements

Amount received fur re<tncing testimony

to writing

75

146 290

161

211

2

63

280.00 8,566.44

14&83

[1, 722. 18]

8,994.77

16,967.68 [36,062.07]

17,963.62 ;

[28,103.20] .

844.54 .

720.18 1,613.00

604.00 i

1.106w00

Total or all classes of entries und amount received therefVom

Salaries, fees, and commissions of register

and receiver

Expenses of depositing

Incidental expenses

928 I 38,270.51

2,987.18

Total.

1,886.00

844.00

400

106.00

872.07

650.00 6.182.80

239.66

2,902.73

9,975.19

1,825.18 1,613.00

1, 889. CO

844.00

4.00

106.00

872.07

4,166.07 17,078.44

6^876l49

13.85

1,496.76

Digitized by VjOOQIC

288 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

Statement of the hueineaB transacted at the local land offices^ etc.— Continned.

[The area in brackets Is not incladed in the aggregate by States, having been aeoounted for in the

original entries.]

LAND OFFICE AT ST. CLOUD, MIKN.

Class of entry.

No.

Acres.

Commis- siona.

Fees.

Amount.

Sales of land subject to private entry

Sales of land subject to pre-emption entry.

Exceas payments on homestead, timber-

cnltnre and other entries and locations.

2 24

20

7

2.10 2.260.90

70.91

[906.00]

13.68

4,178.56

149.29

Homestead entries commuted to cash un* der seel ion 2801, Revised Statutes

1«666.50

Total cash sales .x..

800 428

74

30

1

202

2,838.91

44,531.08 [66,178.791

10,060.99

[4,884.99] 120.00

5,996.97 5 078L7O

Oriflrinftl homestead entries..........

$2,008.70 #2,486.52

296.00

01,076.00

Final homestead entries

2 486.S2

Lands entered under the timber-culture laws

666.00

120.00

S.00

404.00

961.00

Final entries under the timber-culture laws

120 00

Lands selected under grants to railroads. .

Amount receired for reducing testimony to writing

,,.,

2.00

401.00

1 1,135.88 1 1.135.88

Total of all classes of entries and amount received therefh>m

1,148

57.045.98

4, 786. 22

5,40L88| 16,185u07

Salaries, fees, and commissions of register

Aiiil i*AnAi vAr

6 000 OO

Bxnenses of denositinfr -

1

11.20

Incidental eznenses ..........«>.....

1,820.80

•"*"" 1

Total

j

7,832.00

1

LAND OFFICE AT TAYLOR'S FALLS, MINN.

Sales of land subiect to pre-emption entry.

Homestead entries comuuted to cash un-

.der section 2301, Revised Statutes

4 2

125.67

[240.00]

314. 18

600.00

Total cash sales

6

49

40

2

17

125.67 5 911. 15

914.18

288.90 162.28

395.00

638.00

Vinal homestead entries ..... ... .. .-.^.tt

162.28

Lands aeleoted under grants to railroads . .

Pre-emption declaratory statements

Amount received for reducing testimony

2.60 84.00

163.65

S 60

34.00

163.65

* Total of all classes of entries and amount received therefrom

114

6,049.18

401.18

605.15

1,910.51

Salaries, fees, and commissions of register and receiver

l,47i».39 1.00

Bxnenses of denositinflr

TnmrlAntjfeil ATnAnoAA _. .

75.20

Total

1,554.50

Digitized by

Google

ACCOUNTS.

289

statement of the bmintM transacted at the local land ogicee, efc— Coutinued.

LAND OFFICE AT JACKSON, MISS.

I The area in brackets is uot iDcladed in the afreregate by Slates, baring been acoonnted for in the

original entries.]

Class of entry. j No.

Supplemental payment 1

Excess payments on homestead, timber-

cnlture, and ot her entries and locat ions . . 594 Ilomesteud entries commuted to cash un- i

der section 230 1, Revised SUtntos 12

Homestead entries commoted to cash nn- ,

der section 2, act June 15. 1880 1

Acres.

Commis- sions.

Total cash sides .

I 008

Original homestead entries 2, 331

Final homestead entries i 300

State selections 181

Pre-emption declaratory statements 1

Amount received for reducing testimony to writing

[052.00]

013.33

11,471.71]

[40. 00]

018.33

282.853.00 [35,141.10] 30, 845. 45

Total of all classes of entries and amoan t received therefrom ' 3. 421 814, 812. 88

Salaries, fees, and commissions of register

and receiver '

Expenses of depositing

Incidental expenses \

ToUl.

$7,107.00 882.67

7, 089. 67

Fees.

Amount.

$815.00

1, 141. 90

1, 839, 77

44.0<i

$19, 630. 00 I

381. 40 2.00

049.58

3, 840. 07

20, 637. 00

882.67

361.40

2.00

049.58

20,642.08 32,373.22

0,000.00

10.16

3, 120. 35

9, 180. SO

LAND OFFICE AT BOONVILLE, MO.

Sales of land sul^ect to private entry

Sales of land snbject to pre-emption entry.

Excesa pay men to on homestead, tlmber-

ealtiire, and other entries and locations .

43 '

•^ 7 !

3

2,314.10 150.82

41.88

1240.00]

I

2,892.04

190.02

52.29

Homestead entries commnted to cash un- der section 2301, Revised Statutes

1

300 00

Total cash sales

56

820 209

11 ;

143 1

2, 51^ 81

8,440.95

3,141.04 516.42

Original homestead entries

32,110.70

120,698.59]

1,700.00

801. 04 ^ BAO M

Final homestead entries

615.42

^

StAire salActions

22.00 880.00

514.04

2'^ 00

Pre-emption declaratory statements

Amoant received for reducing testimony to writing

280 00

514 01

Total of all classes of entries and amount received therefrom

™i

30,383.51

1,310.46

3,102.04

7,019.45

Salaries, fees, and commissions of register and receiver

3,207.80 5 90

Expenses of depositing

297.36

1 1

Total

3, 510. 50

i 1

9405 L

Digitized by

Google

290 REPORT OF COMMISSIONER OP GENERAL LAND OFFICE.

Statement of the hueinese transacted at the local land offices, etc.— Continued, LAND OFFICE AT IRONTON, MO.

[The area in brackets is not inoladed in the aggregate by States, haying been accounted for in the

original entries.]

Class of entry. No.

Acres.

4,383.17 140.38

90.09

[1,387.261

Commis- sions.

Fees.

Amount.

Sales of land subject to private entry 80

Sales of land eubjeot to pre-emption entr v . i 1 Excess paymenU on homestead, tlmber-

caltnre, and other entries and locations . . 1 22 Homestead entries oommated to cash un- i

dAr sAfitinn 230 1 Revised Statntes IS

$5,478.97 175.48

113.61

1,734.07

Total cash salon ............. .....^t

118 1 4.Al.?.6d

7, SOL 13

467 336

1

14 108

48,944.68

[41,817.43]

120.00 2,103.32

$1,222.60 1,04a 60

$3,545.10

4, 767. 69

1.048.60 3.00

Lands entered with military bounty land

3.00 27.00 216.00

920.04

Stat-e selections, swamp indemnity

Pre-emption declaratory statements

Amount received for reducing testimony to writing

27.00

216.00

920.04

Total of all classes of entries and amount received therefrom

1,044

55,781.64

2,271.29

4,71L04

14.488.40

Salaries, fees, and commissions of register and receiver -

4,687.18

Exnenses of denositinff..

9.40

Incidental exnensc^s. ...,,-,T^,^-.-,,--.r

183.00

Total

4,770.58

1

LAND OFFICE AT SPRINOFIELD, MO.

Sales of land snhfect to private entry

Sales of land subject to pre-emption entry.

76

8

1

33 0

1

3,378.54 504.07 [80.00J

165.20

[640.001

[4a 001

4,222.48 630.60

40.00

Exoess payments on homestead, timber- culture, and other entries and locations. .

der section 2301, Bevised Statntes

der MMstion 2. act June 15. 1880

280.94

1,050.00 88.00

Total OAoh sales

128

848 850

1

36 192

4,047.00

95.557.62 [106.234.00]

120.00 6|92&01

6^212.46

9,385.00 2,972.00

Oriffinal homestead entries

2,680.00 2,972.00

6,655.00

Lands entered with military bounty-land warrants •• ......•..••.•.•••.•.

8.00

78.00

884.00

1.504.68

Lands selected under grants to railroads..

Pre-emption declaratory statements

Amount received for reducing testimony to writing

76.00

884.00

1,504.68

Total of all classes of entries and amount received therefrom

2.066

105,65L58

6^662.00

8,622.68

20.487.14

Salaries, fees, and commissions of register and receiver ........ ... .. .. . .

6L060.00

Exnenses of di^iMMitinfr-,.-r

1L50

lucidental exDonses .-r......

2; 168. 60

Xotal

8,18L10

Digitized by VjOOQIC

ACCOUNTS.

291

statement of the hutineea transacted at the local land offioest etc. Continned.

LAND OFFICE AT BOZBMAN. MONT.

tThe area in braoketo is not included in the a^groKste by States, havlDg been aoooanted for in the

original entries.]

" 1 "

Class of entry. No.

Acres.

4,83L19

37.60

1,962.46

7.73 6.886.78 [9,926.77]

[640.001

Commis- sions.

Fees.

1

Amount.

$11,427.98

195.00

39, 249. 20

19.36 2,543.39 10, 086. 77

1, 600.00

Sales of land snUect to pre-emption entry. Sales of mineral lands

40 3 0

Sftlfifi of coal Iftndfl

Excess payments on homestead, timber-

fi

Original entries under the deseit land act. 28 Final entries nnder the desert land act 84

Homestead entries commuted to cash un< df>i* Hoction 2301 Revised Sfcatntea 4

Total cash Bales ^ 'M

13,725.76

15,985.66 [13, 993. 15]

7,358.78

[820.00] 49, 109L 29

65,121.70 2, 213. 07

Original homestead entries

107

$1,193.07 1,047.65

212.00

$1, 020. 00

Fini^ homestead entries

91

53

2

307

6

SO

89

1,047.65 692.00

Lands entered nnder the timlier-oiilture laws

480.00

8.00

614.00

60.00

90.00

267.00

662.43

Final entries under the timber-culture laws

&00

Lands selected nnder grants to railroads.. Applications to purchase mineral lands. .

Applications to purchase coal lands

Pre-emption declaratory statements

Amount received for reducing testimony to writing

614.00

60.00

90.00

267 00

662.43

Totsl of all classes of entries and amount received thereftrom

811

86,179.48

2,452.72

8,201.43

70, 775. 85

Salaries, fees, and commissions of register and receiver ........

6,000.00 13.96

Incidental exnenses

455.28

Total.

6,469.28

LAND OFFICE AT HELENA, MONT.

Sales of land subject to pre-emption entry. soo

73,907.96

8,130.11

160.00

10L77 66,437.54 [36, 576. 18]

[11,01&911

100,146.79

29,607.50

1, 600 00

132.26

5^lMt nf miBArAJ lAnila - -.

288

Sales of colli lands

X

27 225 129

73

Excess payments on homestead, timber- Original entries under the desert land act. Final entries under the desert land act. . .

' 17.916.12

36,619.03 15,251.06

.Homestead entries commuted to cash un- der section 2301 Bevised Statutes

Tofjkl rftflh ailImi

1193

424 234

386

1

1 682 6 263 51 44 886

2

148,727.38

64.829.62 [35,999.891

54,577.98

[40.00]

160.00

93,148.35

749.24

2ul 272.75

3.067.83 1,788.75

1.544.00

4,120.00

7. 187. 33

1,788.75

5,069.00

4.00

Lands entered under the timber-culture laws

Final entries nnder the timber-cultare laws . .

8,625.00

400

4.00 1.162.00

Lands entered with military bounty land warrants

4.00

Lands selected under grants to railroads. . Indian allotments ... . ... -. ........■•

1, 162. 00

Applications to purchase mineral lands.. .

Applications to purchase coal Isuds

Mineml nrotests. adverse claims ..........

2,530.00 153 00 440.00

3,668.00

6.00 ],60&08

2,530.00 153.00

440.00

Pre-emption declaratory statements Soldiers' and sailors' homestead declara- tory statementM

Amount received for reducing testimony to writing

2, 65a 00 6.00

1,006.08

Total of all classes of entries and amount received therefrom

4068

362,192.57

6,400.08

16,608.08

228,280.86

Salaries, fees, and commissions of register and receiver. ..

6,000.00

Incidental expenses

2.741.81

Total

8.741.81

Digitized by VjOOQIC

292 REPOR't OF COMMISSIONER OP GENERAL LAND OFFICE.

Statement of the btiHness trantauied at the local land offices^ etc, Continued. LAND OFFICE AT MILES CITY, MONT.

[The area in brackets la not included in tlie aggregate by States, baring been acooonted for in the original entries. J

Class of entry.

Sales of lands subject to pre-emption entry. Excess payments on homestead, timber- otilture, and other entries and locations. Original entries under the desert land act. Final entries under the desert land act

Total cash sales.

Original homestead entries

Fiiul homeslead entries

Lands entered under the timber-culture

laws

Lands selected under grants to railroad . . .

Pre-emption declaratory statements

Amount received for reducing testimony

to writing

Total of all classes of entries and amount received therefrom

Salaries, fees, and commissions of register

and receiver

Expenses of depositing

Incidental expenses

Total.

No.

18 151

276

Acres.

Commis- sions.

Fees.

Amonnt.

1,572.87 ' 13,132.17

4.60'

480.00 I. [80.00]!.

2,057.37 I.

4,420.85 ! [3,608.92]

2, 88a 44 I 24,087.98 I.

1260.30 I . 271.01 I

72.00

t, 444.64 ,

603.91

$280.00

180.00 301.00 105.00

286.59

1, 152. 59

8.81 120.00 80.00

3,340.98

540.30

27L61

301.00 105.00

286.50

5.097.4»

2,388.20

11.80

396.40

2,7n.40

LAND OFFICE AT BLOOMINGTON, NEBB.

Sales of land sobject to pre-emption entry.

Excess payments on homestead, timber- culture, and other entries and locations.

Homestead entries commuted to cash under section 2301, Revised Statutes

Total cash sales.

Original homestead entries

Final homestead entries

Lands entered under the timber-culture laws

Final entries under the timber-culture laws

Pre-emption declaratory statemt^nts

Soldiers' and sailors' homestead declara- tory btatements

Amount received for reducing testimony to writing

Total of all classes of entries and amount received therefrom ,

Salaries, fees, and commissions of register

and receiver

Expenses of depositing

Incidental expenses

Total.

4,498.45

Digitized by VjOOQIC

ACCOUNTS. 293

statement of the bu»ine88 trantaoted at the local land offices, eic— Continued. LAlfD 0FFK5E AT CHADRON. NBBB.

[The aren in brackets is not included in the aggregate by States, ^ying been aoooanted for in the

original entries.]

1 Class of entry.

No.

Acres.

Commis- sions.

^

Pees.

Amount.

Sales of land snbjeot to pre-emption entry Bxcess payments on homestead, timber-

caltnre, and other entries and locations. Homestead entries commuted to cash

under section 2301, Revised Statutes ....

596 01 ^2.0A

$114, 065. 12

67 ' 315

160.78 [49.467.68]

212. 15

61, 834. 58

Total cash nalen

977 721

91«421.81 111.744.92

176, 111. 85

Original homestead entries

$2,798.46 87.066.00

9,858.46

IMiiii 1 hnnipatjkiiH <kntripA

433 ; r6S.016.441

1,724.44

1,724.44

Lands entered under the timber-culture

laws

X«and8 entered with military bounty-land

422

67

6

655

14

66,484.62

C [480.00] \ 2,6W.00 7.879.52 < [160.00] I 160.00

1,688.00 \

4.180.00 7L0O

5,868.00 71.00

warrants

>

Lands entered with private land scrip

Sunreme court serin locations

{

8.00 1,310.00

2a 00

965.56

8.00

Pre-emption declaratory statements

5

1, 810. OO

28.00

Amount received for reducing testimony to writing.

965.56

^

Total of all classes of entries and

3.819

280,210.77

6,205.90

13,627.56

195, 945. 81

Salaries, fees, and commissions of register and receiver

6, 000. 00

laUvnAn HAM nfH Annul tJnir .. . . ..

891.04

Incidental exnenses .... .........

2,039.20

Total

8,430.24

LAND OFFICB AT GRAND ISLAND, NKBR.

Sales of land subject to pre-emption entry. 189 Excess payments on homestead, timber- en I ture iUkd other entries and locatioufi- ^

26,050.06

78.43

[13,186.08]

34, 245. 02

121.70

Homestead entries commuted to cash under section 2301. Revised Statutes OS

17,156.94

Total cash sales -

317

181 618

165

26,128.49

23,400.74 [03,66L00]

22,008.15

[21,428.80]

1

51,623.75

2, 252. 11 2,965.95

2.105.00

Oriflrinal homestead entries -^,,r-,,..

707. 11 2,965.9ft

660.00

1,545.00

Final homestead entries ...... - ^ t ,, . r - . r

Lands entered under the timber culture IttWS

1,446.00

Final entries under the timber culture laws

146 172

4

684.00 1 584.00 344.00 1 344.00

8.00 1 8.00

Pre-emption declaratory statements

to writing

1,066.68 1,066.68

Total of all classes of entries and amounts received therefrom

1,603

71,532.38

4.333.06

4,992.68

60,849.49

Salaries, flees, and commissions of register and receiver

6, 000. CO

Bxpenses of depositing

76.35

Incodental exnenses

1, 808. 20

Total

'

7, 974. 65

1

Digitized by VjOOQIC

294 REPORT OP COMMISSIONER OF GENERAL LAND OFFICE.

Statement of the hueinese traneaoied at the local land office, etc. Con tinned.

LAND OFFICB AT LINCOLN. NEBR.

[The area in brackets is not Inclined in the agf^regate by States, haying been accounted for in the ^ original entries.]

Class ot entry.

Na

Acres.

Commis- sions.

Fees.

Amount.

Sales of land subject to pre-emption entry.

Excess payments on homestead, timber-

cnltnre, and other entries and locations -

7 2 2

650.66

2.44

[200.00]

01,308.86 &10

Homestead entries oomraated to cash un- der section 2801, Kevised St»tutes

725.00

Total cash sales

11

13 48

12

40

4

662.10

1, 108. 80 [4,708.40]

837.86 [4,854.24]

2.120.95

112.48 222.02

113.00

IfiSOfV

Oriflriiial homestead entries.-

$47.43 222.02

4&00

M5.00

Final homestead entries

Lands entered under the timber-culture

laws

Kinal entries under the timbAr.nnltn re lavs^

65.00 196.00

Pre-emption declaratory statements

Amount reoelyed for reducing testimony to writing ... ......*.•...■.....•........

8.00 8.00

288.00 1 2A8.0II

Total of all classes of entries and amount received therefrom

182

2,60&26

318.85

622.00

3.070.30

Salaries, fees, and commissions of register and receiver , -rr,..

1. 012. 36

SxDenses of denoaitins

6.85

Incidental eznenses r.-,.

65.00

Total:

1, 083. 71

LAND OFFICB AT McCOOK. NEBR.

Sales of land subject to pre-emption entry .

culture and other entries and locations .

Homestead entries commuted to cash an*

der section 2301, Revised SUtutes

666 62 807

82,150.14

276.82

146,630.10]

102,687.60 68,287.73

'

Total <v"*h sales

925

442

606

477 83

1 535

8

82,425.96 66, 353. IS

161,320.48

.5,870.46 2,016.07

flu 563. UO

Original homestead entries

1. 670. 46

4.200.00

Final homestead entries

[70.843.64] 2.016.07

Lands entered under the timber-culture laws

78,821.38 [5,269.80]

80.00

1,908.00

4, 655. 00

T74 n ft] ATit.rl AM Ti n <1 Ar t.h A H mHAr.nn1 hi r A t A wii.

132.00 1 132.00

Lands entered with military bounty-land warrants -... r .,--,^,^,--

1 2.00 2.00

Pre-emption declaratory statements

Soldiers' and sailors* homestead declara-

1,070.00 1,070.00

16. 00 16. 00

Amount received for reducing testimony to writinff .. ...

724.38 784.88

'*

Total of all classes of entries and amount received therefrom

2.027

' 222.680.46

5,603.63

10,790.88 1 177,732.80

6,000.00

Exnenses of deoosltins '

261.40 2,337.90

Incidental expenseft ' - - -

Total

I

8,589.30

\""

Digitized by VjOOQIC

ACCOUNTS. 2db

Statement of thebuHnese traneacted at the local land ofice^ efo.— Coutinued. LAND OFFICE AT NELIOH. NBBR.

(The area in braoketa ia not inoladed in the aggregate by Statea. ^ving been acooonted for in the

original entries, j

Claas of entry.

No.

Acres.

Commis- sions.

Fees.

Amount.

Sales of land sabject to pre-emptloD entry. Ezceea payments on homestead tlmber-

der section 2301, Revised Statutes

68 13 46

16,067.48 21.48

[6,98&49j

$18,821.80 26.81

8,735.62

Total cash sales

167

90 282

106 92

1

16.07&86

12,998.84 [83,164.23:

16,686.82

[18.268.381

160.00

27, 584. 23

$32&04 829.18

434.00

1880.00

1,168 40 829.18

Final homestead entries .,,,,,,,-,■,

Lands entered under the timber-cnltnre

laws

Final entries nnderthe timber^onl tnre la^vr* .

1,000.00 868.00

4.00 480.00

1,424,00 368.00

Lands entered with military boanty land- warrants

4.00

215

0

d3n nn

statements

'

4.00 1 4 00

Amount received for redncing testimony to writing *

967. 87 987. 78

Total of all classes of entries and amount received therefrom

896

43,824.02

1,681.22

1 8,628.78 1 32,789.28

Salaries, fees, and commissions ot register and receiver » ,..»t

5.612 79

53.87

1,670.46

7,236.61

ExDenses of denositinir 1 »

1

Incidental expenses i

Total

LAND OFFICE AT NORTH FLATTB, NBBR.

Sales of Isnd subject to pre-emption entry Excess payments on homestead, timber- culture, and other entries and location* . . Homestead entries commuted to cash un- der section 2801, Revised Statntes

Total cash sales .

396 103 208

69,861.68

211. 17 I [83,829.83]

Original homestead entries

Final homestead entries

Lands entered under the timber-cnltnre laws

Final entries under the timber*oulturelaws .

Lands entered with military boanty land- warrants

Lands selected nnder grants to rallxoads . . .

Pre-emption declaratory statements

Soldiers' and sailors' homestead declaratory statements

Amount received for reducing testimony to writing

707 I

785 876

683 63

1

2,601

670

18

Total of all classes of entries and amount received therefirom

Salaries, fees, and commissions of register

and receiver

Expenses of depositing

Incidental expenses

6^304

ToUl.

81, 769. 82

412.99

45, 801. 20

69,672.79

121,810.79 [I88^82L63]

89,867.44 [9,750.01] .

80.00 '. 416,173.86 -.

4,62L14 6,901.04

2,882.00

687.00187

12,864.18

7,656.00

6,676.00 I 262.00

2.00 I 5,202.00 ; 1, 840. 00

36.00

60L90

127, 974. 02

12, 277. 14 5, 001. 04

8.007.00 252.00

2,00 5,202.00 1.340.00

36.00

801.90

90,964.90 161,703.10

6,000.00

219. 25

2,140.60

8.369.86

Digitized by VjOOQIC

296 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

Statement of the busitiese transtusted at the local land office, etc, ContiDued.

LAND OFFICE AT O'XEILL, NEBR.

[The area in brackets is not inolnded in the afrjn^vgate by States, baving been accounted for in the

original entries.]

Glass of entry.

Sale of land subject to pre-emption entry.

Excess paymeiits on nomestead, timber- colture, and other entries and loca- tions ,

Homestead entries oommated to cash un- der section 2801, Revised Statutes

Total cash sales.

Original homestead entries

Final homestead entries

Lands entered under the timber-culture

laws

Final entries ander the timber-culture

laws

Pre-emption declaratof y statements

Soldiers' and sailors' homestead declara- tory statements

Amount received for reducing testimony to writing

Total of all classes of entries and amount received therelVom

Salaries, foes, and commissions of register and receiver

Expenses of depositing . Incidental expenses

Total

No.

208

3*0 89

307

97 453

151

271 199

Acres.

29,904.84

32.86 [10, 345. 94)

29, 937. 70

13, 395. 15 1 69, 919. 34J

22, 611. 19

[39, 682. 181

Commis- sions.

$335.61 1, 766. 00

604.00

Fees.

$885.00

1,450.00

1,084.00 398.00

2.00

Amount.

$37.38L12

41.15 12,932.44

1,479

65. 944. 04 2. 695. 61 j 4, 907. 23

=F

"I

50, 354.71

1.220.61 1,756.00

2,054.00

1,064.00 398.00

2.00

1. Oea 23

67, 957. 65

6,000,00

44.60

1.223.50

7,268.10

LAND OFFICE AT SIDNEY, NEBR.

Sales of land subject to pre-emption entry.

Excess payments on homestead, timber- culture, and other entries, and locations

Homestead entries commuted to cash un- der section 2301, Revised Statutes

Total cash sales.

Original homestead entries

Final homestead entries ,

Lands entered under the timber-culture

laws

Final entries under the timber-culture

laws I

Lands entered with military bounty land- i

waiTants ,

Pre-emption declaratory statements

Soldiers' and sailors' homestead declara- I

tory statements |

Amount received for reducing testimony i

to writing

247 ,

57!

119

37,985.60

261.26

[19,667.50]

423 38,196.86

606

308 I

362

2

3 I 326

78,971.18 1 2,688.55 .o ««^ .«, 2,309.65

[48,820.40]

56,908.82

[240.00]

280.00

1,448.00

Total of all classes of entries and | '

amount received therefrom 1,935 i

Salaries, fees, and commissions of register and receiver.

174, 356. 86 ' 6, 446. 20

Expenses of depositing. Incidental expenses

Total •.

4,975.00

3,500.00

8.00 I

9.00 652.00 ,

10.60 '

640.65,'

61. 172. 70

376.05

26,708.15

78,256.90

7,662.55 2,300.65

5,038.00

8.00

9.00 652.00

10.00

640.65

I 9.884.65 1 94,587.75

6,000.00

95.90

1,884.80

7,960.70

Digitized by VjOOQIC

ACCOUNTS.

Statement of the hueiness transacted at the local land offioesj 6(<r.— Continued. LAND OFFICE AT VALENTtNE, NBBR.

297

{The area in braoketti is not included in the aggregate by States, having been accounted for in tlie

original entries.]

Class of entrj-.

Sales of land subject to pre-emption entry.!

Bzcess payments on homestead, timber- cult a re, and other entries and locations .1

Homestead entries commuted to cash un- der section 2301, Revised Statutes

No.

172 53 70

Total cash sales.

Original homestead entries

Final homestetid entries

Lands entered under the timber-culture laws

Final entries under the timber-culture laws

Lands entered with military bounty land- warrants

Lands entered with private land scrip

Pre-emption declaratory statements

Amount received for reducing testimony to writing

Total of all classes of entries and amount received therefrom

Salaries, fees and commissions of register

and receiver

Expenses of depositing

Incidental expenses

Total.

295

241 473

288

2

3

225

Acres.

26,225.50

182.05

111,024.55]

26.407.55

37,286.06 [74,408.70]

45,394.20

[4, 787. 35]

320.00 480.00

1,657 I 100,837.00

I

Commis- sions.

Fees.

$831.44 1,862.61

1,152.00

8,0416.05

r2,345.00

Amount.

$32, 781. 94

227.65

13, 780. 69

2,856.00 I 120.00 I

aoo\

450.00 1,381.87

7.069.87

46, 790. 28

3, 276. 44 1,862.61

4,007.00

120.00

8.00

450 00 1,28L87

57. 796. 20

5.975.28

91.29

1. 682. 32

7,748.)

LAND OFFICE AT CABSON CITY, NEV.

Sales of mineral lands

1R2.fM

830.00

Total cash sales

'

"

162.58

160.00

[360.00] 48»270.44

830.00

Original homestead envies

6.00

laoo

10.00

16.00

809

18.00

State selections

61&00 70.00

3.00 40.00

3.00

19.63

618.00

Applications to purchase mineral lands. . .

Applications to purchase coal lands

Mineral protests^ adverse claims

70.00

3.00

40.00

Pre-emption declaratory statements

Amount received for reducing testimony to writing

3.00

19. 63

Total of all classes of entries and amount received therefrom

837

48,598.02

24.00

768.63

1,617.63

Salaries, fees, and commissions of register and receiver a . . .

1,811.17 8.45

Expenses of depositing

Incidental expenses

240.40

Total

3, 060. 02

Digitized by

Google

298 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

Statement of the hM%n€$8 transacted at the local land offices, etc, ContiDQed.

LAI^ OFFICE AT'BURBKA, NBV.

I The area in brackets not included in the aitsregate by States, having been accounted for in the

original entries.]

Class of entry.

No.

AC- <'ri'-

Fees.

Amount.

Sales of mineral lands

26 7

370.14 2,960.00

01.805.00 790.00

Ori^al entries under the desert land act.

Total cash sales

88

3,830.14

480.00 04,863.37

2,685.00

Origiral homestead entries

8

410 37

124.00

030.00

State selections

820. 00 ffsa. no

Applications to purchase mineral lands. . .

Amonnt received for reducing testimony

to writing

870.00 2.88

370.00

2.88

Total of all classes of entries and amonnt received therefrom

488

68,173.51

24.00

1,222.88

3,931.88

Salaries, fees, and commissions of register and receiver

2,270.6a

14.40

420.00

Incidental expenses

Total

,

2.704.98

1

LAND OFFICE AT FOLSOK, N. MEX.

Sales of land subjell to pre-emption entry . .

45

10 6

5

6,751.47

81.50 040.19

!

8.438.86

i

39.42

Original entries under the desert land act. der section 28C1, Revised Statutes

160.05

[800. OOJ

1.000.00

Total cash sales

06

87 10

84

1 99

1

7.423.16 13, 781. 46

9.638.8?

1,883.13 60 00

Original homestead entries

filfLIS

865.00

Final homestead entries

n 600.001' AA no

laws

5,183.84 80.00

136.00

830.00

2.00 297.00

8.00

880.63

466.00

Lands entered with military bounty land warrants

2.00

Pre-emption declaratory statements

297.00

Soldiers' and sailors' homestead declara- torv statements

8.00

Amonnt received for reducing testimony to writing

330.63

Total of all classes of entries and amonnt received therefVom

298

26.418.46

714.18

1.827.63

12.180.59

Salaries, fees, and commissions of register

2,539.50

Expenses of depositing

11.25

Incidental expenses

961.94

Total

_ _

3,512.69

Digitized by

Google

ACCOUNTS.

.299

Statetnent of the business irans€usted at the local land offices, etc, CoDtinaed.

LAND OPFICB AT LAS CEUCES, N. MJSX.

(The area in biaoketa is not included in the anraffate by States, having been aoooonted for in the

orighiar entries.]

Class of entry.

Sales of land subject to pre-emption entry.

Sales of mineral lands

Bxoess payments on homestead, timber- culture, and other entries and locations. .

^iginal entries under the desert-land act.

Final entries under the desert-land act

Homestead entries commuted to cash un- der section 2301, Revised SUtutes

No.

Acres.

61

72|

13 i

48

22

7,947.04 1,281.90

50.18 20,484.14 [5.959.71];.

[1,116.81]'.

Commis- sions.

Fees.

Total cash sales .

r

Orii^nal homestead entries

Final homestead entries '

Lands entered under the timber-culture I laws I

Lands entered with military bounty-land warrants

Applications to purchase mineral lands. .

AppUoations to pu* chase coal lands

Mineral protests^ adverse claims

Pre-emption declaratory statements

Soldiers* and sailors* homestead declara- tory statements

Amount received for reducing testimony to writing ,

223

105 64

61

1

32

5

3

188

1

Total of all classes of entries and amounts received therefrom

673

Salaries, fees, and commissions of register '

and receiver

Expenses of depositing j j

Incidental expenses

Total.

29, 725. 86

14, 830. 77 [8,794.85]

7,550.74

120.00

Amount.

$9,934.8» j 6,645.00

I 7a 98

5. 108. 54 5,950.71

1,896.01

1660 69 885.12

204.00

$076.00

62,286.86 1,090.81

480.00

8.00

320.00

15.00

80.00

664.00

3.00

481.21

29.01&18

1,586.60 336.1^

684.00

3.00

320.00

1S.0»

30.00

564.00

3.00

481.21

2,871.21 32.989.15

4,096.3^

13. 70

1,258.90

6,368.95

LAND OFFICE AT ROSWELL. N. MEX.

Sales of land subiect to pre-emption entry. Sales of mineral lands

8 3 66

4

1,283.73

49.51

34,340.96

[1,480.00]

i

1,604.66

255.00

Original entries under the desert-land act.

8,585.25

Final entries under the desert-land act

1, 480. 00

Total cash sales

81

23

1

73

1

5

2

88

65,674.19 3,666 58

11 924.91

Original homestead entries

lafl no

230.00

368.00

Filial homefftead ertrifm

[160.00] '"6.00 11 504.88 292 00

6 OO

Lands entered under the timber-culture laws

79J( An

1, 017. 00 4.00

Final entries under the timber-culture laws

160.00 . . ^AA

Applications to purchase mineral lands . . .

60.00

6.00

264.00

29.16

50.00

Applications to purchase coal lands

Preemption declaratory statements

Amount received for reducing testimony

to writing - - -r- r..r ,

6.00

264 00

29. 1&

Total of all classes of entries and amounts received therefrom

274

60,846.66

436.00 1 1,308.15

13. 609. 00

and rwM^ivflT. --,-,,,.,.-

1,508.71

Incidental expenses

1

534.78

1 .

Total

1

1

2,103.49

1

Digitized by VjOOQIC

300 REPORT OF COMMISSIONER OP GENERAL LAND OFFICE.

Statement of the business transacted at the local land offices, etc. Continued.

LAND OFFICE AT SANTA Vt, N. MEX.

he acgregato by S ori^nalentrSoB.]

[The area in brackets is not inoladed in the acgr^Eate by States, having been acconnted for in th«

Class of entry.

Sales of land subject to pre-emption entry.

Saleeof mineral lands

Sales of coal lands

Excess payments on homestead, timber- coltnre, and other entries and locations.

OriiElnal entries under the desert-land act.

Final entries under the desert-land act

Homestead entries commuted to cash un- der seotion^Ol, Revised SUtntes ...

Total cash sales. .

Orijciual homestead entries

Final homestead entries

Lands entered under the timber-culture laws

Lands entered with military bounty-land warrants

Lands selected under granto to railroads. .

Applications to purchase mineral lands.. .

Applications to purchase coal lands

Applications to purchase town sites

Pre-emption declaratory statements

Soldiers' and sailors' homestead declara- tory statements

Amount received for reducing testimony to writing

No.

Total of all classes of entries and amount received therefrom

Salaries, foes, and commissions of register and receiver

Exj^enses of depositing. . Incidental expenses. . . . .

Total

117

174 72

2 2209

8

49

1

188

3

Acres.

Commis- sions.

Fees.

8,006L23 {. 154.52 I. 80.30 ,.

59.44 L

2,970.11 ;.

[320.00]!. (9«0.00]i.

11,270.30 j

26,274.27 $1,025.03 [11, 018. 68] I 489.60

4.736.06 132.00

320.00 853, 329. 75

$1,826.00

Amount.

$10,207.96

740.00

1,600.00

79.55 762.81 320.00

1, 400. 00

2866

394,92a8

1,696.63

306.00

8.00

4,418.00

80.00

147.00

3.00

564.00

9.00

678.32 i

15,110.34

2,660.03 439.60

437.00

8.00

4,418.00

M.OO

147.00

3.00

664.00

9.00

67&32

7,837.22 I 24,6M.09

5.274.25

13.25

1,898.67

6,596.1

LAND OFFICE AT BISMARCK, N. DAK.

Salt- s of land subject to pre-emption entry . ' 166 25, 902. 25

Excess payments on homesiead, timber- culture, and other entries and locations. 28 I 89.89

Homestead entriea commuted to cash un- der section 2301, Revised Statutes » 8 [1, 279. 47]

Total cash sales.

Original homestead entries

Final homestead entries

Luuds enteretl under the timber-cultare

laws

Final entries under the timber-culture laws Lands entered with military bounty-land

warrants

Lands selected under gTante to railroads..

Applications to nurohase coal lands

Pn^ emption declaratory etatementa

Soldiers' and sailors' homestead declara*

tory statements

Amount received for reducing testimony

to writing

1

201 I

200 ;

497 I

229 I 8

2|

216

31 308 ,

25, 99L 64

31.442.10 [78, 823. 88]

35. 908. 10 [1, 280. 00]

200.00 34,606.20

Total of bU classes of entries and i amount received therefh>m

1660

Salaries, fees, and commissions of register !

and receiver !

Expenses of depositing t

Incidental expenses j

Total.

128,04&04

1,204.00 3,743.31

916.00

1,985.00

5,863.81

1.

S, 275. 00 32.00

5.00 431.33

6.00 616.00

10.00 I

208.41 I

32,577.89

177.83

1, 599. 35

34, 354. 67

3,189.00 3,743.31

3,19L00 32.00

5.00 48LS3

6.00 616.00

10.00

1,203.41

6, 563. 74 I 46. 781. 82

I

6,000.00

2a 09

1,97&75

8,006.75

Digitized by VjOOQIC

ACCOUNTS.

301

Statement of thu business iramacted at the local land offices^ etc, Continued.,

LAND OFFICJB AT DEVIL'S LAKE, N. DAK.

[The area in brackeU is cot indoded in the a^fsregate of States, having been acooanted for in the

original entries.]

Class of entry,

Sales of land snl^ect to pre-emption entry. ' Excess payments on homestead, timber- i

cnltnre, and other entries and locations., Homestead entries oommnted to cash i

under section 2301, Revised Statutes >

No.

485 26 72

Total cash sales .

Original homestead entries

Final homestead entries

Lands entered under the timber-culture laws

lAnds entered with military bounty land warrants

I.Ands entered with private land scrip . . .

Lands entered with valentine scrip

Pre-emption declaratory statements

Soldiers' acd sailors' homestead declara- tory statements

Amount received for reducing testimony to writing I

383

208 153

Acres.

75, 291. 58

45.83

[11,457.07]

75, 337. 41

31. 668. 83 [24, 188. 15:

223 ! 34,702.69

.'{20. 00 820.00 40.00

Total of all ola-ses of entries and I i

amount received therefrom I 1 , 571 '

142, 388. 93

Commis- sions.

Fees.

Amount.

$04,114.66<

57.34

14, 321. 39

$792.10 r^ 026. 00.. 604.94

892.00

2,289.04

2, 190. 00 8.00 I

108, 496. 39

2.817.10 604.94

3,082.oa

8.00

1.00 796.00 j

2.00 !

466.64

1.00 796.00

2.00 466.64

6,488.64; 116,271.07

Salaries, fees, and commissions of register |

and receiver :

Expenses of depositing

Incidental expenses . . '. I

ToUl.

.1.

6.000.00

61.00

2, 057. 00

8, 118. 00

LAND OFFICE AT FABGO, N. DAK.

Sales of land subject to pre-emption entry.

Excess payments on homestead, timber- culture, and other entries and locations.

Homestead entries commuted to cash un- der section 2301, Revised Statutes

Total cftsh sales

Original homestead entries

Final homestead entries

Lands entered under the timber-culture laws

Final entries under the tiraber-oulture I laws.

Lands entered with military bounty land I warrants

Pre-emption derlar&tory statements

Soldiers' and sailors' homestead declara- tory statements

Amount received for reducing testimony to writing

118 24

178

245 729

822 j

28l

1 263

17,95&64

98.89

[5, 632. 82]

18, 057. 53

37, 768. 65 [lis, 970. 03]

50, 702. 85

[4, 383. 87 J

160.00

1, 587. 01 4, 821. 88

1,28&00

I

2, 385. 00 I

1

Total of all classes of entries and amount received therefrom

3, 190. 00 I

112.00

4.00 t 526.00 ;

6.00 *

1,525.55 I

26,97&81

203.24

7, 841. 03

1, 709 106, 679 03

Salaries, few, and commissions of register |

and receiver

Expenses of depositing

Incidental expenses

Total

7,696.89

84.023.0fr

3, 972. 01 4,821.88

4, 478. 00

112.00

4.0O 526.00

6.00

1,525.55

7,748.55 1 49,468.52

6,000.00

20.60

1, 879. 50

7, 006. 10-

Digitized by VjOOQIC

302 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

Statement of the husineai transaoted at the hoal land offices, 0ta.— Continoed. LAND OFFIGJS AT GRAND FORKS. N. DAK.

] The area in brackets is not inclnded in the aggregate by States, having been accounted for in the

original entries.]

Class of entry.

Sales of land subject to pre-emption entry. Bxcess payments on homestead, timber*

cnltnre, and other entries and locations. Homestead entries commuted to cash un-

der section 2301, Revised Statutes

Total cash sales.

Original homestead entries. Final homestead entries Lands entered under the timber-culture

laws

Final entries under the timber-culture laws.

Lands entered with private land scrip

Lands entered with Sioux half-breed scrip.

Pre-emption declaratory statements

Amount received for reducing testimony to writing

Total of all classes of entries and amount received therefrom

Salaries, fees, and commissions of regis- ter and receiver

Bxpenses of depositing

Incidental expenses

Total.

8,124.85

LAND OFFICB AT GUTHRIE, OKLAHOMA.

253

892.98

992.91 &00

Comnetitive bids

Total cash sales

258 272

892.93

022,978.42

[800.00]

907 01

Orifirinal homestead entries

15,674.87 20.00

39,476.00

5^049.37 20 00

Soldiers' and sailors' homeatead declara- tory statements

54A00 1, 373. 52

544.00

Amount received for reducing testimony to writing . - r

1,373.52

Total of all classes of entries and amount received thereflrom

4,668

623,87L35

16,694.37

41,302.52

57.983.90

ter and receiver

8,000.80 0135

Expenses of depositing

Incidental expenses .-.--r.-.,^

8,870180

Total

9.688.15

Digitized by

Google

ACCOUNTS.

303

Statmnent of the husiness transacted at the looal land offlcesy eto, Continued. LAND OFFICE AT KING FISHER, OKLAHOMA.

(The are* in brackets la not inoiaded in the asicregate by States, baring been acoonnted for in the

orifnnal entries. I

Class of entry.

Ho. i A<,r«. 1 C»»Si*"

' i

Fees.

Amount.

Excess payments on homestead, timber- cnlture, and other entries and locations. .

Homestead entries commuted to cash un- der section 2301 Revised Statutes

246 3

914.60 [440.00]

$1,143.19 560.00

Total ^asb sales

248

3,000

1 5

167

914.60

458,905.22 [160. 00) 309.90

1,603.19

40,599.35 4.00

Ploal homestead entries

$11,469.35 4.00

$29,130.00

Indian allotments

tOTT statements

334.00 192.93

334.00

Amount reoived for redncinx testimony to writlnc

199.93

Total of all classes of entries and amount received thereflrom

8.421

460,129.72

11,478.35

29, 656. 93

42,823.47

Sahuriee, fees, and commissions of register and receiver

6,000.00 9.40

■.

Incidental eznenses

4,309.45

Total

10,311.85

LAND OFFICE AT BURNS, OREGON.

Sales of lands subject to pre-emption entry . Sales of timber and stone lands

107 6

8

13

5

22

15,963.06 480.00

82.64

9.083.70

[475. 10]

[3,401.61]

J..J

19,968.80 1,200.00

28(28

Excess payments on homestead, timber-

Final entries nnder the desert land act. . .

620.95

475 10

der section 2801, Revised Sutntes

4,262.01

.

Total cash sal^s

160

181 67

68 2

5

1 176

1

18,649.48

20,060.90

[8,510.341

8,161.02

26,480.14

2,033.24 319.13

753.24 319.13

24a 00

1.;!80.00

Lands entered under the timber-culture laws

635.00 20.00

50.00

10.00

528.00

3.00

1,142.45

783.00

Applications to purchase mineral lands. ..

20.00

60.00

Miners] nrotests. adverse claims .........

10 00

Soldiers' and sailors' homestead declara- tory statements

528.00

3.00

Amount received for reducing testimony to writing

1 119 AK

1 "■

Xotal of an classes of entries and

506

46,771.46

1,320.37

3,668.46; 81,81&96

and receiver ,

4,486.54

108.60

Incidental expenses...'!

1.141.10

Total

.,*,,

6,780.14

Digitized by VjOOQIC

304 REPORT OF COMMISSIONER OF GENERAL LxVND OFFICE.

Statement of the husinefta traniocted at ike local laud offices, efc— CoDtinuod.

LAND OFFICE AT LA GRANDE, OREGON.

[The area in brackets la not included iu the aggregate by States, having been accoanted for in th«*

original entries. J

ClasAof enirj.

No.

Acre*.

Commis- sions.

.Fees.

Amount.

Sales of land subject to pre-emption entry.

SaleH of timber and atone lands

Sa1«a of mineral lands

Sales of town-lots

ExoeHS payments on homestead, timber- cultnre, and other entries and locations.

Origiuftl entries under tlie desert land act.

Kinsl entries under the desert land act

Homestead entries coniniut4'd to cash un- der section 2301, Revised Statutes

Total cash sales .

Orlpinal homestead entries

Final homestead entries

Land:! entered under the timber- culture

laws

Final entries under the timber-culture

laws

State selections, school indemnity

Applications to purchase mineral lands . . .

Applications to purchase coal lands ,

Applications to purchase timber and stone I

lands I

Pre-emption declaratory statements

Soldiers' and sailors' homestead declara- |

tory statements

Amount received for reducing- testimony

to writing

232 53

30 6 3

29

34, 366. 24 6,741.22 37B.04 :

363 :

322

192

16 1

4 4 ;

53 ,

581

118.62 843.98 [534.59]

(4,319.291

$42,945.30

]«,853.05

1,347.50

18.00

149.83 211.00 534.59

6, 599. 12

42,43ai0 «7,«58.39

49,453.06 i fl,883.62 [30,473.02] 1.155.90

11,010.49 296.00

12,416.78] 80.00 I

$3,130.00

700.00

64,

2.

40.

12.

530. 1, 748.

9.

730.

Total of all classes of entries and I amount received th^reflrom I

. Salaries, fees, and commiasions of register

and receiver | -

Incidental expenses

1,613

I I

102.081.65 1 8,837.52 1 6,960.80

6. 015. 62 1,155.90

996.00

64.00

2.00

40.00

12.00

530.00 1.743.00

9.00

730.80

77,956.71

5.486.41 1,353.40

Total.

6,839.81

LAND OFFICE AT LAKEVIEW. OREGON.

Sales of land subject to preemption entry.

Sales of timber and stone ibuds I

Excess payments on homestead, timber- i rnlture, and other entries and Inoationsl Original entries under the desert land act.! Final entries under the desert laud act i Homesteatl entries commuted to cash un- der section 2301, Revised Statutes I

111 I

25 I

12 9 9 i

29

16, 737. 27 I . 8.850.73 .

29.29 I. 1.605.91 I. 11,800.00] .

[4,473.53] .

20. 921. 56 9.626.82

Total cash sales .

Original homestead entries

Final homestead entries

Lands enteied under the timber-culture

laws

Lands entered with military bounty land

warrants

Lands selected under grants to railroads . .

State selections, school indemnity

Applications to pnrehaMt mineial lands . . .

Pre-emption declarator^' statements

Amount received for reducing testimony^

to writing

Total of all classes of entries and amount received therefiom

Salaries, foes, and commissions of register

and receiver

Expeusi'S of depositing

Incidental expenses ,

Total.

25 I

150 i

681

63,927.48] 1,165.18

250.00 450.00

897.27

8.534.27

36.61

401.46

l,«».Ou

.S, 591.90

195 1

22,223.22 i..

38, 378. 37

1,791.17 222.96

114 37

17,764.48 1 [5, 945. 17j

666.17 222.96

1,125.00

69 1

9. 677. 97 j

276.00

630.00

" 906.00

1 '

160.00 ;..

4.00 132.00 46.00

4 00

66

10.560.00 1..

132.00

24 1

3,541.81 |..

46.00

250.00 450.00

897.27

48,077.77

6,575.U 51.90 928.40

6,555.74

Digitized by VjOOQIC

ACCOUNTS.

305

Statement of the business transacted at the local iand offices, etc, CoDtinaed.

LAND OFFICB AT OREGON CITY, OREGON.

[The area In braoktfto is not Inoladed in the a^cgregate by States, haying been accoant«d for in the

original entries ]

Class of entry.

No.

Acres.

Sales of land Kubject to pre*eniption entry.

Sales of timber and stone landa

Additional payment

£xces8 pnynifnts on homeMtea'l, timber- colturi-, aud other entries and locations.

IIonieHtGad tiitrieM corumuti d to cash un- der SVC lion *J3ul, Uevlaed Statutes

332 808

1

71 58

Total cash Hales ' 1,270

Original homestead entries

Final homestead entrien '

Lands entered with military bounty land )

warrants 5

Lands entered under the donation act ...

State seleoliond, Hchuol indemnity ,

Applications to purchane coal lands

Applications to purchase timber and stone

lauds

Pre-emption decUmtory statements

Soldiers' and sailors' homestead declara- tory statementH I

Amount receiveii fur reducing testimony to writing

48,751.08 125, 916. 29

391. 73 [8,666,51]

Commis- sions.

Fees.

Amount.

691 259

2

92 72

807 :

892 I

175,059.49 ;

102, 096. 20

(37, 649. 45]

[120.00]

440.00

477.98

14, 168. 52

I

$4,602.63 1.937.83

$6, 570. 00 !

14.00 I

15.00 ' 180. 82 ; 216.00

8, 070. 00 2. 670. UO

3.00 I

2, 539. 76

889,121.32

11,172.63 1,937.83

14.00

16. CO 180.82 216. 00

8. 070. 00 2, 678. 00

3.00

2, 539. 76

Tot si of oil classes of entries and amount received therefrom 4, 090

1 292,242.19 < 6,540.46

20, -284. 58

415,946.36

6, UOO. 00

70.50

1,577.34

Salaries, fees, and commissions of register and rcceivv*r . . . . ...............

Eznensea of denositinir .... .......... .. .......

Incidental ex nenses

Total

7, 647. 84

LAND OFFICE AT ROSEBURG, OREGON.

Sales of land subject to private entry

1

[85.70] 14,877.56

107. 12

Sales of land subject topie-emptionentry. 113

21, 474. 94

128. 003. 16

300 00

Sales of timber and stone lands

332

Sales of mineral lands

2 1 100.00

83 119. 75

8 [1,146.93]

Excess payments on homestead, timber- cnltur(\ and other entries and locations.

263.76

Homestead entries commuted to cash un- der section 2301, Revised Statutes

1, 433. 66

Total cash sales- -.-^^-r t^rr.

489 1 66, 298. 67

389 64,821.40 169 [24, 127. 47]

3 1 320.00

2 807.83

488 78,061.63

151 582 64

Original homestead entries

3.274.54 1,396.43

8,560.00

6,834.54 1, 396. 43

Final homestea<l enti ies

Lands entered with military bounty land warrants

12.00 10.00 975.00 7.00 10.00 12.00

4, 970. 00 1,869.00

15.00

847.88

IJ 00

Lands entered nndar the donation att

Lands selected under grants to railroads..

10 00

975 00

State seleciiona, school indemnity

4 635. 17

7 OU

Annlications to nurchajie mineral lands

1

10 00

Applications to purchase coal lands 4

Applications to purchase timberaud stone

Pre-emption declaratory statements 623

Soldiers' and sailors' homestead declara- tory stitements 5

Amount received for reducing testimony , to writing

12 00

4, 97U. 00 1, 869. CO

15.00

647 83

Total of all classes of entries and amount received therefrom

2,674

200,441.60

4,670.97

12,287.83

168.541.44

Salaries, fees, and commissions of register and Tf^r^Wer -

6,000.00 227 36

Expenses of depositing '.

Incidental expenses

912 10

Total

7.139.46

U4U5 L O-

-20

Digitized by VjOOQIC

306 REPORT OF COMMISSIONER OP GENERAL LAND OFFICE.

Statement of the buHneee transacted at the local land officeSy etc. Continned. LAND OFFICE AT THE DALLES, OREGON.

[The area in brackets is not Included in the agzregate by States, having been accounted for in the

original entries.]

Class of entry.

Sales of laud subject to pre-emption entry

Sales of timber and stone lands

Sales of abandoned military reservations, town lots, (Fort Dalles)

Excess payments on homestead, timber- culture, and other entries and locations. .

Original entHes under the desiM t-land act.

Humestvad entries commuted to cash iu- der section 2301, Revised Statutes

Total cash sales.

No.

138 I 5

Acre;.

Commis- sions.

20, 981. 72 560.00

27

■|

Original homestead entries

Final homeHtead entries

Lands euteied under the timber-culture

Fin.il entries under the timber-cultnre

laws

Lands en tiered with military bounty land

warrants

Lands selected under grants to railroads. . ,

Applications to purchase coal lands I

A pplications to purchase timlier and stone I

lands , .• I

Pre-emption declaratory statements |

Amount received foi reducing teHtimon^' i

to writing I

102

130 211

106

12

1 2 1

8 218

72.07 200.00

[4,145.15]

Totfll of all classes of entries and amount received therefrom

Salaries, fees, and couimissiona of register

Hud receiver

Expenses of dt^poAitiug

Incideutal expenses

881

Total.

I

21,813.70

10,808.35 $748.60

133,608.83]; 1,275.00

14,864.80

[1,883.111

160.00 1. 320.00 .

424 00

Fees.

Amoant.

$26,227.27 1,400.00

W.00

00.13 5a 00

8.181.42

I

56, 967. 03 . 2, 447. 50 3, 578. 54

$1,255.00 I

065.00

4&00

-4.00 4.00 3.00

80.00 654.00

565.54

LAND OFFICE AT SALT LAKE CITY. UTAH.

Sales of land subject to pre-emption entry .|

Sales of mineral lands |

Sales uf coal lands ,

Excess payments on homestead, timber- culture, and other entries and locations | Original entries under the dcs< r^land act. Final entries under the desert-land act Homestt »'l entries commutea to cash un- der section 2301, Revised Statutes

02 82 8

22 307 143

22

Total cash sales.

Original homestead entries

Final homestead entries

Lands entered under the . timber-culture

laws

Final entries nnder the tlmbercnlture

laws

Lands selected nnder grants to railroads.. Applications to purchase mineral lands. . .

Applications to purchase coal lands

Mineral protests, adverse claims

Pre-emption declaratory statements

Amount received for reducing testimony

to writing

Total of all classes of entries and amount received therefrom

Salaries, fees, and commissions of register

and receiver

Incidental expenses

Total.

676

350 249

158

7 672 90 78 50

2,692

11,011.87 1, 245. 42 1, 160. 74

20.01 80,554.94 124, 895. 231 I [3,176.99] .

93. 901 98

40, 206. 87 ' [35,232.60]

18,611.67 I

[720.00] 107, 474. 44

2, 270. 61 1,45L10

632.00

260,284.86

4,363.71

3, 215. 00 t

1,265.00*

28.00 ' 1,343.00 900.00 284.00 500.00 1,086.00

1,684.42

33,038.82

2.003.50 1,275.00

1,389.00

48.00

4.00 4.00 3.00

80.00 664.00

5e6.U

39,064.86

4. 500. 00

39L00

680.00

5,219.00

6. 33,

21.

98L08 410lOO 194.80

81.07 979.60 938.73

4,821.24

96,806161

485.01 461.10

1.897.00 1.

28.00 343.00 900.00 284.00

086.00 684.42

10,265.42 110,416l74

0.000.00 8,40L40

9,401.40

Digitized by VjOOQIC

ACCOUNTS. 307

Statement of the husinese traneacted at the loeal land offlcee, 0/c.— Continued. LAND OFFICE AT ABERDEEN^, S. DAK.

{.The area in brackets is not included in the af;|j:regate by States, having been accounted for in the

original entries.]

Class of entry.

Ko.

Acres.

Commis- sions.

Fees.

Amount.

Sales of land subject to pre-emption entry. Sapplemental payments

894 6

49

70

62,519.85

iao7

114.61 110,977.94]

$78,149.93 12.59

Ezc4>SA payments on homestead, timber- cultnre and other entries and iooationa.

148.38

Homestead entries comranted to cash un- der section 2301, Revised Statutes ...

18,724.31

Total cash sales

519

258 516

368 62

552 5

62,644.5:^

40, 217. 60 [81.822.05]

57, 907. 77

[9. 915. 89]

C [160.00]

\ 160.00

92,030.21

8,545.66 2,052.57

5,107.00 248.00

Original homestead entries

11,005.66 2,052.57

1,472.00

$2,540.00

Final homent'^ad entries. . . - - . ,

Lands entered under the timber-cnlture laws

3,635.00 248.00

8.00

1,104.00

10.00

67a 87

Final entriCH nnder the timber-culture laws

Lands entered with military bounty-land

}

8.00

Pre-emption declaratory statements

Soldiers' and sailors' homestead declara- tory statements

Amount received for reducing testimony to wiitinGT ......... .....................

1, 104. 00

10.00

673.87

Total of all classes of entries and amount received therefh)m

2,282

160, 929. 90

4,530.23 8,118.87

104,679.31

Salaries, fees, and commissions of register and receiver .. .. ...

6,000.00 41.40

Expenses of depositing

Incidental expenses

1,962.30

Total

8,003.70

LAND OFFICE AT CHAMBERLAIN, 8. DAK.

ales of land subject to pre-emption entry.

5

720.00

900.00

Total cash sales

6

3 84

19 32

1 92

10

720.00

480.00 [5,387.101

2, 931. 08 [5, 116. 92]

900.00

Original homestead entries

1,230.00 136.00

76.00

8,075.00

4,805.00 136.00

Final homestead entries

Lands entered under the timber-culture laws

185.00

128.00

2.00

184.00

20.00

89.02

261.00

Final entries under the timber-cnlture laws

128.00

Town-site filings

2.00

V re-emption declaratory statements

Soldiers' and sailors' homestead declara- tory statements

184.00

20.00

Amount received for reducing testimony to writing ;

89.02

'

Total of all classes of entries and amount received thereftrom

196

4,131.08

1,442,00

3,683.02

6,025.02

Salaries, fees, and commissions of register and receiver

1, 500. 00 3.90

Expenses of depositing

Incidental exi/enses

760.10

Total

2, 264. 00

Digitized by VjOOQIC

308 REPORT OF COMMISSIONER OP GENERAL LAND OFFICE.

Staiement of the business transacted at the local land offlots, efo.— Continned. LAND OFFICE AT HURON, S. DAK.

[The area in brackets is not included in the as^eicate by States, having been accounted for in the

orlglual entries. ]

Class of entry.

No.

I Sales of land subject to pre-emption entry . ' 147

Sapplemental payments I 3

Excess payments on homestead, timber- |

CDltnre, and other entries and locstions. 41

Homeatesd entries commuted to cash un- I

der section 2301. Kevisd Statutes ' 50

Total cash sales.

Orii;inal homestead entries i

Final homcBtead entries ,

Lands entered under the timber-culture

laws I

Final entries under the timber-culture laws | Lands entered with military bounty land- 1

warrants

Lands entered with private land scrip

Pre-emption declaratory statements

Soldiers' and sailors' homestead dedara*

tory statements

Amount received for reducing testimony !

to writing I

241

230 970

491 91

Acres.

Commis- sions.

Fees.

Amount.

21, 945. 06 L68

103.20

[7, 438. 431

22,050.03 I

37, 130. 13

[169,433.78]

76, 99a 16 [14, 503. 32J

80.00 160.00

Total of all classes of entries and | amount received therefrom | 3, 277

Salaries, fees, and commissions of register

and receiver

Incidental expenses

Total.

136, 418. 32

1964. 02 4. 236. 48 I

I

1,964.00 I

7. 164. 50

$2,440.00 .

4,845.00 ' 364.00

2.00

"**472."o6

14.00

2,321.22 '

t27, 431. 36 2.1»

129. U

9,298.08

36,860.f»

3.464.02 4.236.48

6, S09. 00 384.00

2.00

"""472." 00

14.00

2, 321. 22

10,458.22 54.483.40

6.000.00 5.(183.40

11,083.40

LAND OFFICE AT MITCHELL, S.DAK.

Sales of Und subject to pre-emption entry..

Excess payments on homestead, timber- culture, and other entries and locations .

Homestead entries commuted to cash un- der section 2301. Revist* d Statutes

115 28 39

1

16,658.73 14&61

[5,598.20] 160.00

20.823.43 185.78

6,997. 7&

Homestead entries commuted to cash un- der section 2, act June 15, 1880

188.00

Total cash sales '. ...

183

148 658

270

248

2

122

16, 807. 34

21,625.94 [101,638.631

41,184.12

[37,816.451

28 192.96

Original homestead entries . .

Final homestead entries

540.67 2, 540. 97

1,080.00

1,385.00

1.925.87 2 540.97

Lands entered under the timber-culture laws

2, 600. 00

a IMO AO

Final entries under the timber-cnltuie laws .•.....-■.••.......•..••... .. ..

992.00 fi09.IMl

Applications to purchase mineral lands. .. Pre-emption declaratory statements

tory statements

20.00 244.00

2.00

1,479.51

20.00

244.00

1

3.00

Amount received for reducing testimony to writing

1. 479. 51

1

Total of all classes of entries and amount received therefrom

1 !

1,632 < 79,617.40! 4.161.64

6,722.51

39. 077. U

Salaries, fees, and commissions of register and receiver

'

8,00a 00

Expenses of depositing

1

20.00

Ineidentnl expenses .*rr ,

1

2,803.45

1

Total

1

8,914.05

1

Digitized by VjOOQIC

ACCOUNTS. 309

Statement of the bueineee transacted at the local land office, etc. Coatinned.

LAND OPFIC£ AT PISKRB, S. DAK.

(The area in braoketa la not Inoladed in the aggregate by Statea, baring been aocoonted for in the

original entries.]

Claea of entry.

No.

Acres.

Commis- sions.

Fees.

Amounts.

Excess payments on homestead, timber* cnlture, and other entries and locations.

*

684.31

19.41

[200.00]

$855.40

24.27

Homestead entries commuted to cash un- der section 2801. Revised Statutes

250.00

Total cash sales

9 14

703.72

480.00 [1,480.00]

1,103.09

1, 129. 67

Original homestead entriea

$166.06 36.00

28.00

$420.00

586.06

Final homestead entries....

86.00

Lands entered under the timber-culture laws

70.00 28.00

119.60

98.00

Mineral protests, adverse claims

28.00

Amount received for reducing testimony to trriting

119. 60

'•

Total of all classes of entries and amonu t received therefh>m

42

2,286.81

230.06

687.60

1.997.33

Salaries, fees, and commissions of register and receiver

'

59176

Expenses of depositing

1

35

Incidental expenses ..

i

1 013.15

Total

..!....

1,608.26

1

LAND OFFICB AT RAPID CITY. S. DAK.

Sales of land subject to pre-emption entry. Sate nffnineral lands

808 43

60

52

47.236.31 905.45

115.76

[7,921.991

59. 045. 43

3.027.50 144.80

Excess payments on homestead, timber- culinre. and other entries and locations.

Homestead entries commuted to cash un- der section 2301, Revised Statutes

9, 902. 50

Total cash sales .......x..

458

384

121

820 12

10

5 32

1

3 509

4

48.257.52

52,016.87 [18,85L37]

49,157.43

[1,720.00]

1,600.00 960.00

72, 120. 23

Original homestead entries

1,800.58 472.66

1,276.00

8.285.00

4,585.58

472.66

Lands entered under the timber-culture laws

Final entries under the timber-culture laws

3,100.00 48.00 40.00

4,876.00 46.00

Lantls entered with military bounty land warrants

40.00

Lands entered with private land scrip

Applications to purchase mineral lands...

Applications to purchase coal lands

Mineral protects, adverse claims

320.00

2.00

30.00

1, 018. 00

8.00

704.29

320.00

2.00

30.00

Pre-emption declaratory statements

Soldiers' and sailors' homestead declara- tory statements

i,oiaoo

8.00

Amount received for reducing testimony to writing.

704.29

Total of all classes of entries and amount received therefrom

1,804 151.990.82

8,049.24

8.655.29

83,724.76

Salaries, fees, and commissions of register and receiver

6, 000. 00

JBxpenses of depositing

423.23

Incidental expenses. .7. ...................

1,465.15

Total

7,888.88

Digitized by VjOOQIC

310 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE. Statement of the hueinese iraneaoted at the local land office^ etc, Contioued.

LAND OFFICE AT WATERTOWN. 8. DAK.

[The areA in brackets are not included In the aggregate by States, having been accounted for in the

original entries.]

Class of entry.

No.

Acres.

Commis- sions.

Fees.

Amount.

Sale of land snUect to pre-emption entry. .

Excess payments on homestead, timber- caltnre, and other entries and locations. .

Homestead entries commuted to cash un- der section 2301, Bevieed Statutes

267 49 68

37,996.86

150.61

[10,445.11]

$47, 494. 52

191.44

18,256.87

Total wwh sales

384

276 1,028

366

203

13

2 390

88,146.96

88,896.69 1160.541.59]

54.555.38

[31. 307. 30]

( [320.00

) 1,760.00

160.00

60,942.38

3,659.60 4, 253 77

Original homestead entries

$1,089.60 4,253.77

1,464.00

$2,570.00

Final homestead entries

Lands entered under the timber-culture laws jt.

Final entries under tne timber-culture laws

3,480.00

812.00

52.00

4.00

780.00

2.013.74

4.944.00 812.00

Lands entered with military bounty land \ warrants i

Lands entered with private land scrip ....

Pre-emption declaratory statements

Amount received for reducing testimony to writing..

\

52.00

5

4.00

780.00

2,013.74

Total of all classes of entries and amount received there(h>m

2,661

134,619.03

6,807.37

9,711.74

77.461.44

Salaries, fees, and commissions of register and receiver

6,000.00

Expenses of depositing

40.25

T'l^T^dental expenses ..T

3,758.85

Xotal

0,799.10

LAND OFFICE AT YANKTON, S. DAK.

Sales of land subject to pre-emption entry.

Excess payments on homestead. Umber- culture, and other entries and locations . .

Homestead entries commuted to cash un- der section 2301, Revised Statutes

62 14 24

7,476.99

48.11

[3,123.981

1

9 846.26

1

60 16

4,029.91

Total cash oalfNi

100

63 292

84

274 2

67

7,525.10 8,622.58

13,436.88 775.57

Original homestead entries

21S. 57

560.00

Final homestead entries -

[48,724.38] 1.000.62

1,090.62

Lands entered under the timbercnUure laws

11,406.19. [88,61L20J

336.00

760.00 1,096.00

1,096.00

Final entries under the timber-culture laws

1 MM. 00

Application to purchase coal lands

Pre-emption declaratory statements

to writing. ...............

4.00 i 4.6o

114.00 994.42

114.09

994.42

ToUl of all classes of entries and

872

27,658.87

1 1.642.19 1 3,528.42

18,606.94

Salaries, fees, and commissions of register and receiver ., ,, ,. ,.,.

4.875.64

9.40

90&10

Exnenses of denositine

:;::::::::::

Tnmdental exTtenses -r ,

1

Total

1

5,793.14

1

Digitized by VjOOQIC

ACCOUNTS.

bll

Statement of the busineaa tranaaoted at the local land officee, etc.— Con tinned. ^ LAND OFFICE AT KOBTH YAKIMA, WASH.

I The area In bncketo is not Incladed in the asgregate by States, having been accounted for in the

original entries.]

Class of entry.

Sales of land snlrjeot to pre-emption entry- Sales of timber and stone lands

Sales of mineral lands

Bxcess payments on homestead, timber- culture, and other entries and locations.

Original entries under the desert-land act.

final entries under the desert-land act . .

Homestead entries commuted to cash un- der section 2301. Revised Statates

Homestead entries commuted to cash un- der section 2, act of June 15, 1890 ,

Total cash sales .

Ori^al homestead entries

Final homestead entries

Lands entered under the tlm ber-cnlture laws Final entries under the timber-culture laws . Lands selected under grants to railroads . . Applications to purchase mineral lands . . .

Applications to purchase coal lands

Applications to purchase timber and stone

Minoral protests, adverse claims

Pre-emption declaratory statements

Soldiers' and sailors' homestead declara- tory statements

Amount received for reducing testimony to writing

Total of all classes of entries and amount received therefrom

Salaries, fees, and commissions of register

and receiver

Expenses of depositing

Incidental ex]»enses

Total.

No.

243

6

11

22 54 15

394

203

91

210

7

180

19

2

6

2

281

1,403

Acres.

87,855.48 960.00 195.68

227.06 11,339.35 1 2, 027. 50 J

[6,108.60]

[640. 00)

60, 077. 67

80,936.80 [14,050.42] 81,999.87 [716.581 28,837.82

141,851.06

Commis- sions.

Fe<»s.

Amount

$1,642.12 915.00 840.00

3,397.12

153,002.08

2.400.00

978.36

335.43 5,649.30 2,347.60

9,221.78

I 800.00

)l, 960. 00

2,030.00

28.00

358.00

190.00

6.00

60.00 20.00 813.00

24.00

626.29

6,145.29

74, 734. 40

8, 602. 12 915.00 2, 870. 00 28.00 358.00 190.00 6.00

60.00 20.00 843.00

24.00

626.29

84. 276. 81

6,000.00

135.95

1,863.20

7, 999. 15

LAND OFFICE AT SEATTLE. WASH.

SaIas nf IaiiHa %iL nnbllc nnrtion

1,311

6

587

13

2

126

1

563

167,850.44

27.54

83,895.66

2,056.54

242, 781 49

273.12

207,180.49

^^^\ ^^_

82. 164. 40

HaIab e%f tnvm lAtn

100.00

Excess payments on homestead, timber- culture, and other entries and locations.

686.04

920.53

2.90

[81,669.84]

120, 166. 27

2,609

1,628 948

8

2

2

52

588

1

44

1,702

13

254,017.12 207,434.45 [137,861.57]

280.00 181.43

603,48&80

Original homestead entries..-.

9,721.57 6,572.70

14,060.00

23.781.67

6,572.70

warrants

Lands selected under grants to railroads. . Applications to purchase mineral lands . . .

Applications to purchase coal lands

Anplications to parohase timber and stone

10.00

LOO

20.00

166.00

5.830.00

10.00

1.00

20.00

156.00

5, 880. 00

OerrardflUngs

44.00 5, 106. 00

39.00

8,139.63

44.00

Pre-emption declaratory statements

Soldiers' and sailors' homestead decUra-

5, 106. 00

39.00

Amount r«)ceived for reducing testimony to writing

.....fa......

8,139.68

Total of all classes of entries and amount received therefrom

7,692

461,913.00

16,294.27

33,455.63

663,238.70

Salaries, fees, and commissions of register

6,000.00

Incidental expenses

1

5. 627. 70

Total

11,627.70

Digitized by VjOOQIC

312 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

Statement of the httsinees transacted at the local land offioee, etc, Continaed. LAND OFFICE AT SPOKANE FALLS, WASH.

[The area in brackets U not inelnded in the affgregate by States, having been accounted for in the

original entries.]

Class of entry.

No.

Aores.

Commis- sions.

Fees.

Amount.

Sales of land subject to pre-emption entry. Salps of timber H-T^d stono lands - x x

182 30

46

46

24, 467. 83 2,702.72

136.84

[8,208.74]

147,062.71 6,766.81

Excess payments on homestea >, timber- cult nre and other entries and locAtinnii

29i.80

Home8t<>ad entries commoted to cash un- der section 2801, Bevised Statutes

14,012.45

Total cash sales.... >.

804

608 641

188 73 1

27 8

24

1

656

1

27, 805. 80

78,210.71 [84,17L061

20,803.60

[11, 330. 25]

80.60

4,272.22

60,024.77 0,807.80

Ori jrinsl homestead entries

^052.80 6,006.02

562.00

$4,855.00

Final homestcMd entries

6, OOf. 82

1,8^.00 202.00

Lands entered under the timber-culture

jaws

Final en tries under the timber-cnlturelawtt

1.305.00

202.00

1.00

63.00

80.00

240.00

1.00

1,668.00

3.00

1,638.56

Lands entei-ed with Valentine scrip

Lands selected under grants to railroads..

Applications to purchase mineral lands.. .

Applications to purchase timber and stone

laods .. :...

LOO

63.00

30.00

240.00

Valentine scrip flliugs

1.00

Pre-emption declaratory statements

Soldiers' and sailors' homestead declara- tory statements

1,668.00 3.00

Amount received for reducing testimony to writing

1,63&56

Tiital of all classes of entries and amount received therefh>m

2,177

128,221.02

11,610.22

0,08&56

00,62L66

Salaries, f^es, and commissions of register and recei\*er

6.000.00

Incidental expenses

8,865.60

Total

0,855.00

LAND OFFICE AT VANCOUVER, WASH.

Sales of land subject to private entry

Sales of land sulyect to pre-emption entry. Sales of timber and stone lands ..--

6 171 822

1 8

38

60

878.02

22, 416. 65

47,867.11

18.20

^20.00

246.73 [7, 273. 40j

1.097.25 44 4U3.62

118.392L69 45.50

Sales of coal lands

4,800.90 465w50

Excess payments on homestead, timber- culiure, and other entries and locations.

...........

Homestead entries commuted to cash un- der section 2301, Revised Statutes

14 196^08

Total cash sales

581

400 810

11

1

1

1

1

78

322 614

1

71,235.71

65,042.31 [45,984.00]

1,274.84 [80.00]

[160.00]

6.22

160.78

183, 401. U 8,485.04

Original homestead entries

4.126.04 8, 043. 67

44.00

4,360.00

Fiual homestead entries

3,043.57 134.00

Lands entered under the timber-culture laws

00.00 4.00

4.00 1.00

Final entries under the timber-culture laws

4.00

Lan<ls entered with military bounty land- warrants

4.00

Lands entered with Porterfleld scrip . ... Lands entered with Indian allotments

1 00

ApplicHtions to purchase coal lands

Applications to purchase timber and stone lands

237.00

3,220.00 1, 612. 00

3.00

1,793.29

237.00

3,220.00 1,542.00

8.00

Pr»»-emption declaratory statements

Soldiers' and sailors' homestead declara- tor v statements

Anio'nnt received for reducing testimony to wiiting

1,793.29

Total of all classes of entries and amount received therefrom

2,331

138,618.86

7, 212. 61

11,254.29 1 201,868.01

Salsries. fees, and commissions of register and receiver

6,000.00

130.50

1.428.90

Expenses of depositing.

Incidental expenses

Totnl

7,550l40

Digitized by VjOOQIC

ACCOUNTS. 313

Statement of the huHness transacted at the local land offices^ afo.— Continued.

LAND OFFICE AT WALLA WALLA, WASH.

the aggregate by 1 original entries.]

[ The area in brackets is not tnolnded in the aggregate by States, baying been aocoanted for in the

Tlglnr' "-^— "■

Class of entry.

Ko.

Acres.

Commls- aiona.

Fees.

Amount

Sales ot land subject to pre-emption entry. Sales of timber and stone lands. ...........

148

1

21 5

45

20,6U.56 160.00

lO&U 636.08

16,668.76]

$37, 704. 68

400.00

Excess payments on homestead, timber- culture and other entries and locations.

220.10

Original entries onder the desert land act.

Homestead entries commuted to cash

nnder section 2301, Revised SUtntes....

817.64

10,447.87

Total cash sales

220

176 200

128 103

1

1 247

*

21, 414. 76

26,088.78 [82,634.10]

18,788.47 [14,767.61]

80.00

49, 090. 09

Oriirinal homestead entries

$1,607.13 1.907.75

612.00

$1,665.00

3,162.13

1, 907. 75

Lands entered under the timber-culture ln^g

1,216.00 40&00

4.00

10.00 74L00

12.00

1,070.11

6,115.11

1,727.00 408.00

Final entries under the timber-culture laws

Lands (entered with military bounty land warrants

4.00

Applications to purchase timber and stone lands

10.00

Soldiers' and sailors' homestead declara- tory statements

741.00

12.00

Amount receired for reducing testimony to writing

1,070.11 68,182.08

Tot*l of all classes of entries and amounts received therefrom

1,088

66,816.96

3,926.88

Salaries, fees, and commissions of register and receiver. .r

6,000.00

ExpeDs«*s of defiositing

110.28

Incidental eznenses . . ........

1,033.99

Total

7, 150. 22

^ 1

LAND OFFICE AT ASHLAND, WIS.

Sales of land subject to private entry

Sales of land subject to pre-emption entry. Excess payments on homestead, timber- culture and other entries and locations

26 93

6

67

27,138.80 9,900.72

29.72

[6,880.76]

33, 923. 64

20,448.55 71.94

Homestead entfies commuted to cash under section 2301, Revised Statutes

15,308.87

Total rash sales

182

113

114

1

162

1

87,069.24

13, 456. 17

[16,761.77]

40.00

69,752.90

1.659.06 737.98

OriflriTiftl lioFnMitftM] f^ntrifMi.. .*. .

619. Od 737.98

940.00

Final homestead entries

Lands entered with Indian allotment ....

Pre-emption declaratory stai ements

Soldiers' and sailors' homestead declara- torv statements

324.00

2.00

699.89

324. 00

2.00

Amount received for reducing testimony to writing

699.89

Total of all classes of entries and amount received therefrom

673

60, 664. 41

1, 357. 04

1,965.89

73, 075. 83

Salaries, fees, and commissions of register and receiver

i

4, 778. 00

Incidental expenses

!

210. 16

1

Total ^

1

4, 988. 16

1

Digitized by VjOOQIC

314 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

Statement of the busiuesa transacted at the heal land office, eto.— Coutinued. LAND OFFICE AT BAU CLAIRE, WIS.

The area in brackets is not included in the BKgregate by States, having been accoanted for in the

original entries.]

Class of entry.

No.

Acres.

Commis- sions.

Fees.

Amount.

Sales of lands subject to pre-emption entry Excess paymenU on homestead, timber- Homestead entries commuted to cash under section 2301, Revised SUtntes ....

46 3 0

3,325.27 23.61

$5,106.60

29 39

[1,198.75]

1,498.44

Totftl rftflh «Al«a _

68

187 846

8,348.78 12, 601. 43

6,634.43

Original homestead entries >••

i424.46

$065.00

1. 389. 46

Final homestead entries

rsfi. 232. 561 1. 239. 31

1. '£0. 31

T^nrfa AnfArnd with Tndlan allntniATitA

2 120.00

Pre-emption declaratory statements

Amount received for reducing testimony to writing

4 521. m

7.00 I 7.00

136

_

276.00 ' 27A.ao

1,000.40

1 096.40

Total ot all classes of entries and amount received therefrom

685

16.602.01

1,657.77

2.888.40

10.630.60

Salaries, fees, and commissions of register and receiver. ....,., »..T-r

4. 163. 84

TimldAnf aI ATTiAnAAa ..

253.80

Total

4.419.14

LAND OFFICE AT MENASHA. WIS.

Sales of lands Mubfect to pre-emption entrv .

Homestead entries commuted to cash

nnder section 2301 Revised Statutes . . .

2 5

200.00 [375.10]

250.00

468 88

Total ca^h sales ..i..

7

87 86 23

200.00

8,895.26

[4,019.21]

718.88

97.71 100.49

290.00

387 71

Final homestead entries

100.49

Amount received for reducing testimony to writins ... •• ... ..

46.00 247.43

46L00

247 43

Total of all classes of entries and amount received therBfh>m

103

4,096.26

198.20

683.43

1,600.51

and receiver.

1,506L01 196.00

Incidental expenses

Total

1 704 01

Digitized by

Google

ACCOUNTS. 315

Statement of the business transacted at the local land officeSj etc, Continued. LAND OFFICE AT WAUSAU, WIS.

[The area in brackets is not included ia the aegregate by States, having been ajooanted for in the

original entries.]

Class of entry.

Ko.

Acres.

Commis- sions.

Fees.

Amount.

Sale of land subject to pre-emption entry .

Bzcees payments on homestead, timber-

cnltare, and other entrioH and locations.

16 7

15 2

], 649. 00 54.52

[1,393.96] r200.00]

$3,222.50 68.18

Homestead entries commuted to cash un- der section 2301, Revised Statutes

2,142.47 230.00

Homestead entries commuted to cash un- der section 2, act Jane 16, 1880

Total cash sales

40

146 184

1 79

1,603.62

15.288.73

in, 407. 041

140.00]

5. 663. 15

Original homestead entries.

$490.12 706u60

$1,090.00

1, 580. 12

706.60

TPtwal AiftH^ under the tlmber^oalture laws.

4.00 15&00

692.16

4.00

Pre-emption declaratory statements

towriting

158 00

692.16

Total of b\\ classes of entries and

460

16,837.26

1,106.72

1,944.16 i 8.804.03

8.164.14

1.65

100.00

**

Total

3,265.79

1

LAND OFFICE AT BUFFALO, WYO.

Sales of land subject to pre-emption entiy. Sales of mineral lands...

136 12 6

16 66 69

i5

20.726.49

1, 461. 96

944.21

29.40 18,126u47 [20,28L65]

[7,087.90]

25,907.16 8.665i00 9,442.10

36.79

Sales of ooal lands

calturot and other entries and locations. .

Final entries under the desert land act

8, 2«1. 62

20,231.65 8.935.87

Homestead entries commuted to cash an- der section 2301. Bevised Statutes

Total cash salee

838

168 55

75

86^277.62

28,93L00 [8,777.87

11, 865. 07

71,499.69

2, 414. 50 830.00

1 fK>ji on

904.60 830.00

800.00

1,610.00

Final homestead entries

Lands entered under the timber-oulture laws

725w00

Applications to purchase mineral lands

Applications to purchase coal lands

Preemption declaratory statements

8

80.00 1 80.00

194 245

8

682.00 ' 582.00

736.00 ^ 9.00 632.06

735.00

Soldiers' and sailors' homestead declara- tory statements

9.00

Amount received for reducing testimony towriting. :.

632.95

Total of all classes of entries and amount received therefrom

1,071

71,664.19

1,634.50

1 4,278.95' 77,308.14

Salaries, fees, and commissions of register and receiver

j

6,000.00 1, 244. 40

Incidental exnenses

Total

7, 244. 40

Digitized by VjOOQIC

316 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

Statement of the hueinees traneacted at the looal Innd offioes, etc, Continned.

LAND OFFICE AT CHEYENNE, WYO.

(The area in brackets is not included in the agneirate by States, having been accounted for la the

originia entries.]

ICIass of entry.

No.

Acres.

Commis- sions.

Fees.

Amount.

Sales of land subject to pre-emption entry. fial(*B ot mineral lands ........

1

21

28 78 104

11

11,883.87

220.47

2,770.47

125.70 20,290.24 [38, 790. 78]

[1,757.76J

$16, 978. 68

603L45

Sales of roal lands

56,86L90 228L50

Excess payments on homestead, timber- culture and other entries and locations

OriKlnal entries under the desert land act. f*inal entries under the desert land act . . .

6.666.19

40. 710. 73

Homestead entries commuted to cash un- der section 2801, Revised Statutes

2, 997. 19

Total cash sales

821

174 60

165 5

144 1

203

4

84. 780. 75 26,607.88

127, 026. 74

Orif^inal homestead entries

il. 365. 00

$1, 700. 00

3,065.00

Pinal httniestesd entries

18,910.10) 493.80

498.89

Lands entered noder the timber-culture laws

22,660.96

620.00

1,445.00 50.00

432.00 10.00

609.00

12.00

2,066.00 60.00

Applications to purchase mineral lands . . .

A pplicattous to purchase coal lands

Mineral protests, adverse claims

432.00

10.00

Pre-emption decLiratory statements

Soldiers' and sailors' homestead declara- tory stft tements

■■■"•

600.00

13.00

Amount received for reducing testimony to "writing

444.90

lii. QO

............

Total of all classes of efitiles and amount received therefrom

1.067

84.05&60

1 2,478.89 1 4.702.90

134.208.63

Salaries, fees, and commissions of register and receiver

6,000.00 lOLOO

Expenses of depositing

Incidental expenses

.

1.805.60

Total X

7,997.40

LAND OFFICE AT EVAN8T0N. WYO.

Sales of land subject to pre-emption entry.

18

1

16

4

18

1

2.412.60

20.00

2,197.70

3.58 11,636.55 13.349.41]

[160. OOJ

1

3, 215. 75 50.00

Sales of coal lands

43,954.00 5.40

Excess payments on homestead, timber- culture, and other entries and locations.

Orii^inal entries under the desert land act.

3,062.01

Final entries under the desert land act. . . .

8,349.41 200.00

Hon^estead entries commuted to cash under section 2301. Revised Statutes

Total cash sales

90

45 28

81

2

31

56

16,170.43

6,976.89 [4,408.52]

4,387.81

53.836.57

817.75

Original homestead entries

877. 75 440- 00

Final homestead entries

185.45 194.00

185.45

Lands entered under the timber-culture laws -

280.00 20.00 93.00

16a 00

620.93

404.00

Applications to purchase mineral lands . . .

Applications to purchase coal lands

Pre-emption declaratory statements

Amount received for reducing testimony to writing

20.00

93.00

16&00

I

620.93

Total of all classes of entries and amount received therefrom

m

27,634.63

687.20

1,62L93

56, 145w 70

Salaries, fees, and commissions of register and receiver -

3.665.81 88.15

Exi»enses of depositing

Incidental expenses

357.50

' ,

Total

,

4.056.5S

1

Digitized by

Google

ACCOUNTS.

317

Statement of the hueineas tranecMted in Statee of Ohio, IllinoiSf and Indiana during the fiscal year ending June 30, 1890.

[The area In brackets is not included in the segregate by States, having been accounted for in the

origual entries.]

OHIO.

Class of entry.

No.

Acres.

Commis- Rions.

Fees.

Amount*

Sales of land subject to pre-emption entry.

2

105.93

$132.4^

Total cash sales

2 1

105.03 80.00

132.41

Original homestead entries

$2.00 1 ' $5.00

7.00

Total of all classes of entries and amount received therefrom

3

185.03

1

139.41

ILLINOIS.

Original homestead entries -.

,

196.80

4.90

15.00 10 00

Total of all classes of entries and amount received therefrom

2

196.30

i.90

1 15.00 ; 19.90

INDIANA.

Pre-emption declaratory statements

3

6.00

A rn

Total of all classes of entries and amount rvceivcsd therefrom ,,

3

6.00

6. 0

.

Digitized by

Google

318 REPORT OF COMMISSIONER OP GENERAL LAND OFFICE.

Recapitulation by States and Territories of the disposal of the puhlic lands and abandoned mUitary reservations during the fiscal year ended June 30, 1890, the areas, and iheamount received therefrom, and the expenses eontiected therewith,

[The Areas of commated liomesteada, final homesteads, and final desert entries, and the area and amoant of Indian land and other areas in brackets, are not included in the grand aggregate.]

Sales of lands subject to private entry.

Sales of lands at public auction.

Sales of land subject to pre- emption entry,

States and Ten i- toTies.

5

Acres.

Amount.

1 S

Acres.

i 5

a

Acres.

Amount.

Alabama .....*....

55

7,012.24

$8,766.61

Alaska

1

Arizona ......

104

10

1,243

2.321

14

349

14,020.84

720.53

174,540.08

356,429.44

1, 184. 15

47,903.38

19,468.63

900.67

CAlifornia

244. 469. 39

Colomdo .«..*••

2 3

240.00 619.87

$500.00 519.87

466,569.49

Florida

1,480.21

Idaho

62,254.75

riinois

j

Indiana ...

'

6

1,214

12

390

425

320.00

180, 371. 28

1,687.87

53,431.60

57,607.80

500.00

Kansas

1

242,441 G9

Louisiana

1

....

2,109.81

Michigan

Minnesota

2 4

3.66 282.10

17.50 652.63

1

1.12

$26.00

66,789.49 . 78,014.89

MiHsissinni

^litftdoiiri

199

10,075.87

12,595.04

u

550 2,516

801.27 80, 312. 02 374 223. 55

1,OOL50

M^mitUDA ...•••

114,706.94

Xebraska 1

481, 767. 57

Xevaila . . '

New Mexico .

171 23, 088. 47

981 150. 731. 82

2 106. 93

30, IPO. 89

Xortli Dakota. . - .

192. 143. 11

Ohio

1

132.41

Oklahoma

Oregon

South Dakota . . .

1

85.70

107. 12

1,033 1 151,666.92

1,303 I 105,237.60

92 ; 11,011.87

2,055 272,100.46

157 ! 14,974.99

229 I 34.520.96

193,838.77

244, OMw 33

Utah

14,931.08

Washington

5 26

878.02 27,138.80

1, 097. 62 33. 923. 54

6 27.54

273.12

425,805.68 29, 027. 65

W^ vorainflf ........

1

46, 101. 60

' 1 1

ToUl

242

38,617.79

49,413.22

7

28.66

299.12

15,243

2,204,905.07 2,967,444.15

States andTerri torles.

Alabama . . Alaska Arizona . . . Arkansas . California . Colorado . . Florida....

Idaho

DliDois..... Indiana ...

Iowa

Kansas

Louisiana . . Michigan .. Minnesota Mississippi Missouri ... Montana . . Nebraska .

Nevada I

New Mexico

North Dakota...

Ohio !

Oklahoma '

Oregon 1,228

South Dakota...;

Utah I

Washington 946

Wisconsin j

Wyoming j

Sales of timber and stone lands.

Acres.

Amount.

1,280 186, 07L 62 1 $465, 169. 05

Sales of mineral lands.

7 38

8 127 556

54

Acres.

275. 81

57*?. 26

463. 75

8, 670. 02

9, 732. 73

Amount.

$1, 297. 50

2,950.00

1, 445. 15

26,345.20

42,705.00

967. 08 4, 597. 50

Original entries under the desert-land act.

Acres. Amount.

148 62,687.53 $15,64&92

74

24,892.92

308

114,513.07

8,872.70

28,61&38

241 8, 167. 71 29, 802. 50

36 . 532.72 > 2,725.00 83 I 1,489.02 7,540.00

254 73,794.32

20,579.61

7 I 2, 960. 00 140 58,886.39

790.00 14,61&65

188, 749l 50

471, 887. 62

135,076.49

335,079.99

11 478.04 48 905.46 82 1,245.42

12 213.88

1, 647. 50 3,027.50 6,410.00 1,028.80

29 I 4.733.70

1. 188. 43

307 80, 554. 94 69 111, 974. 43

21,979.80 5,906.84

16 1, 692. 42 4. 808. 46

178 144,958.26

12,999.82

Total. 3,454

509, 896. 61

1.272,136.66

1, 314 ,35, 396. 81 186. 825. 16

1,594 478,849.66

131.263.94

Digitized by VjOOQIC

ACCOUNTS.

319

Recapitulation by States and Territories of the disposal of ihepuhlio lands^ etc, Coutlnned

[The area of oommated homesteads, final homesteads, and flaal desert entries, and the area and araoont of Indian land and other areas in brackets, are not inoladed in the grand aggreKate.]

Homestead entries oom- mnted under 2d sec- tion act June 15, 1880.

States and Terri- tories.

Alabama

Alaska

Arizona

Arkahsas

California

Colorado

Florida

Idaho

Illinois

Indiana

Iowa

Kansas

Louisiana

Michigan

Minnesota

Mississippi

Mtssoort

Montana

Nebraska

Nevada

New Mexico

North Dakota

Ohio

Oklahoma

Orezon

South Dakota

Utah

Washington

Wisconsin ,

W3-oming

Final entries nnder the deseit-land act

122

Acres.

41, 716. 83 33,'458.'62'

108 I 22,913.12

Amount.

$39,804.80 84,' 668.' 62

22, 643. 12

Homestead entries commuted to cash under section 2361, , Revised Statutes.

! Acres.

Amount.

153 : 18,840.00

85 5,097.86 35 I 3,626.82 421 61,658.62 979 ,152,900.78 56 6, 199. 36 12, 336. 76

164

46, 582. 05 i 46, 785. 80

5 484.26

882 135,303.48 44 ' 6,214.81 32. 154. 83 , 20.247.16 1. 471. 71 2, 267. 26 11,658.91 196, 252. :4

144 12 27 77 ,263

27

7,769.71 7,759.71

•I-

18 220

122,925.20

6. S70, 49 4,533.52

92.616.11 203. 715. 40

7. 760. 52 17,257.54

705.33

178, 189. 90

8,022.22

40. 188. 86

28,076.94

1. 839. 77

3, 084. 07

16. 851. 05

252. 853. 96

Acres. ' Amount.

13

2. 876. 81 34, 105. 78 I

3.796.01 43, 544. 82

1, 142. 76

40.00

160.00 192.66

1, 001. 84 731. 12

40.00 40.00

$1,309.01

45,67

184.00 206.82

1, 082. 26 874.37

44.00 38.00

17

143 115

2,800.69

24,' 895. 23 2,027.50

176

62,371.79

2, 809. 69

24,' 938." 73 2,347.50 !

64, 291. 79

3 173 .305 22 743 86 57

440.00 I 26. 153. 02 I 45. 705. 60 3, 176. 09

107, 018. as

0. 848. 67 9, 005. 65

Total 868 244,634.1^246,039.76 6.065 905,536.411,227,965.77 42 4,348.38 5,900.13

550.00 38.519.78 57. 45a 92 4,321.24 168,043.40 19,418.66 12, 132. 56

160.00

186.00

640.00 200.00

800.00 230. 00

States and Terri- toriea.

Excesses on homestead, timber -culture, and other entries.

Suj

. ^5

pplemental and ad- itionad payments.

Sales of towns ites.

1

Acres.

Amount.

1

Acres.

Amount.

"3

Acres.

Amount

Alabama

662

742.96

H931.67

7

149.61

$187. 10

Alaska

Arizona ... .. ....

15 184 194 288 615

62

13.87 660.44 1.116.20 882.27 638. 35 172.51

17.49

845.97

3.461.51

1,279.56

797.29

421.20

'

320.00

$800.00

Arkansas

3 6

i:66

3.46

29.25

34.10

Catlifornis

... '

Colorado

5.00

1 j 160.00

400.00

Florida

Idaho

3

1, 265. 57

1,581.96

IHiDOis

Indiana

1

Iowa ........••• •• .

.1

Kansas

205 644

22 101 594 62 40 488

292.91 1,606.47 130.09 467.43 913.33 297.21 113.99 1.270.68

476.29

2, 111. 67

162.62

753.44

2

4

.18 56.33

; 1

Louisiana

83.30

,

Michigan

'

Minnesota

6

235.43 652.00 80.00

694.27 815.00 40.00

....... ...1 ..........

Misaiaaippi

1,141.90 395.84 160.43

1, 829. 71

1 1

MisMuri

M'^ntana . «.•...

Nebraska

Nevada

New Mexico

46 103

150.12 287.88

192.95 505.17

North Dakota

Oliio

..........

Oklahoma

496

174

233

22

254

16

60

1,867.63 754.10 700.40 20.01

1, 404. 68 107.76 158.68

2,135.20

1,106.79

878.97

81.07

2,234.36

169.61

270.78

..........

Oregon...... ........

1 9

.89 1L76

.06

1

South Dakota

14.69

Utah

Washington

1

2.50

Wisconsin

Wyoming

Total

5,422

14,709.86

22, 311. 29

*1

484.94

1,879.40 j 6

1,745.57

2,781.96

Digitized by

320 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

Recapitulation by StaUs and TerritorieB of thediepoaal ofthepublio lands, eta, Continued.

[The area of commuted homeateads, final homesteads, and final desert entries, and ihe area and amoant of Indian land and other areas in brackets, are not included in the grand aggregate.]

Sales of town lots.

Sales of coal lands.

Cash substitution.

States and Territories.

1

Acres.

Amount

s

Acres.

Amount

I

Acres.

Amount.

Alabama

Alaska

Arkiinnas ..".»-...... -^x-,--

1

....

160.00

$200.00

Californla

j

Colorftdo .... .•..•••.....

39

4,547.22

$67,398.30

Florida

Idaho

$30.00

Illinois

Iowa

2

120.00

150.00

Kansas .-

Louisiana .................

Michigan

Minn«iu>tft--x-ir.

Miasiasinni

Misaouii

Mont-ana

10

2,122.46

40, 849. 20

Nebraska

Nevada

New Mexico

2

80.00

1,600.00

North Dakota

Ohio

1 1" "

Oklahoma

1

Oregon

loaoo

1

South Dakota

Utah

8 16

1, 169. 74 2, 376. 64

23,194.80

Washington

100.00

36. 964. 40

Wisconsin

Wyoming

43

5.012.38 112.258.00

Total

5

1 22lfl. 00

118 16,108.34 1 282,264.70

3

280.00 1 fi.^ 00

** - 1

Competitive bids.

Sales of Lassen county desert lands.

Rent of government lots.

SUtes and Territories.

1

Acres.

Amount

s

Acres.

Amount

1

Acres.

Amount

Alabama

Alaska

Ariaiona

Arkansas

California

$31.00

400.00

ifiOOOO

Colorado

$135 OC

Florida

Idaho

Illinois

Tndiana .-r ,,...,,,

Iowa

....1 .......

Kansas

Louisiana - '

Michigan

... I

Minnesota

Mississippi

Missouri

Monti^nA--. X , -

Nebraska

!

Nevada

New Mexico

. ...

North Dakota

1

Ohio

::.:.. .....i::. :.:::::::

Oklahoma

6.00

Oregon

1 ""

South Dakota

'

Utah

Washington

Wisconsin

Wyoming

!

1

Total

86.00

3

400.00 1 KflA. nn

135.00

'

...

Digitized by VjOOQIC

ACCOUNTS.

321

Seci^itulaiion by States and Territories of the disposal of the public lands, etc. Continued*

[Tbe area of comiiiat«d homesteads, floal homesteads, and final desert entries, and the area and amount of Indian land and other areas in brackets, are not incladed in the grand aggregat*'.]

Graduation entries.

Abandoned military reservations.

Total cash sales.

SUtea and Terri- tories.

1

i Acres.

Amonnt.

1

Acres.

Amount.

"S Acres.

Amount, received.

Alabama

800 7

463

242 3,444 4.187

602 1,057

7. 904. 81

275.31

77, 515. 50

J,8:>5.72

39ri. 194.30

871.991.66

1,822.. 50

164,821.61

|34,11&60

1,297.50

85,25&28

e,000.2S

876,147.68

782,8^1.75

Alanka

1

Artsoua

Arkanf>as ......

California

Colorado

Florida

230.79

$60.00

10 hl4 71

Idaho

137,404.45

niioois

Indiana

Iowa .-

13

2,810

640

638

320.00

180, 664. 19

4, 991. 18

63,66.5.81

58,592.76

913.33

11,174.35

164. SlO.fiO

1,356.33

423.000.32

15,614.28

107.183.97

108 192 17

Elfinsaa !---

Lonl.oiana

Michigan

....

28

1, 618. 64

02,'330.08

Minnesota

680

608

301

1,336

Mifwisiiippi

..... .

3 840 67

Missouri

1

17.154.54

Montana

1

26: >, 7U5. 43

Kebmska

1

4, 217 S7fi. 404. 23

736. 4. ^l. 24

Nevada

::::::::::::;:::

1

^ 43

487

3.492.72 84 OOa 00

•t 515.00

Kt^w Mexloo

1

1

6">. 1592. 21

North Dakota

i

1

1,304 151,010.70 2 105. 93

501 1, 807. 53 2, 669 346, 382. 65 1, 894 ' 196. 855. 20

676 t 03, 991. 98 4,118 1 424,051.04

287 1 42,221.54

749 : 87,237.70

230 193 10

Oliio

,

132.41 2, 090. 20

Oklahoma

1

[

Oreieon

1

706, 200. 68

South Dakota

I

:::;:;. ::.i::::;::::.

SO.*). 612.41

UUb

95, S()6. 61

Washington

079, 7H9 17

Wisoiinsin

Wyoming

....

82. 709. 36 252, -.{03. 00

1

Total

1

230.79

CO.M

28

1,613.54 2,339.08 34,455 J3, 302, 846. 75

6.349,174.24

States and Terri- tories.

Original entries of lands tinder the homestead laws. Final homestead entrien.

1

Alabama

Alaska

Arisona

Arkansas

California

Colorado

Florida

Idaho

Illinois

Indiana

Iowa

Kansas

LonUiana

Michigan

MinnoHOtA

Mississippi

Missonri

Montana

Nebraska

Nevada

New Mexico... North DakoU .

Ohio

Oklshoma

Oregon

8oath Dakota..

Utah

Washington ...

Wisconsin

Wyoming

2,842

198 3,000 ^132 2.280 1,202

626 2

Total

15 1,514 1,316

514 1,352 2.331 1,635

659

3,141

4

1

7,038

1,777

1,323

350

3,005

433

872

Acres.

315,645.46

27, 449. 66 337, 728. 70 310,141.36 350,907.01 162, 007. 76

91,676.60 196.30

1,153.77 222, 649. 89 159. 694. 66

67, 053. 22 175, 697. 01 2t<2,853.60 176,613.00

8.5, 246. 13

475,183.71

640.00

57,503 08 136.739.81 80.00 1,081.883.64 264.004.39 200.468.31

49, 206. 87 406, 557. 50

45, 185. 59

67,515.77

Commis- sions.

Fees.

$7, 805. 18 ;$22, 170

1,128.41 ' 8,695.48 I 14,946.91 I 15, 191. 42 j 3,805.83 I 3,756.37 : 4.90 ' -1-

1, 7ft0 23,455 20.000 22,105 10.185

5,880 15

Total fees i and oom- missions.

s

a

Acres.

$80,066.18 1,665

42.30

8,260.28

4,491.24

1,710.40

6.712.3:^

7,107.00

4, 703. 73

4. 520. 70

I 14,403.76

, 30^00

2,241.85

4, 481. 85

2.00

I 27, 043. 72

, 11,080.70

I 6,612.16

2,270.61 I

22, 048. 16 I

1.631.35 I

2, 647. 25

10, 244 !6, 531 678. 60

I

95 14,385 11, 120

4.490 11,830 19, 530 12.540

5. 4 .'O

30. 136

40

3.605

8,715 5 68.605 16,020 16, 275

8,216 26,800

3,285

3,650

2, 878. 41 32,150.48 I 34,046.01 37,386.42 13, 000. 83 ;

0,636.37 19.00

121 1.6U6 l,lSi4 730 971 552

137.80 22,664.28 15,611.24

6. 200. 40 18,542.33 26, 637. 00 17, 243. 73

0, 040. 70

44, 530. 76

70.00

5, 036. 155 13, 196. 86 7.00 95. 64& 72 28. 850. 70 22, 7i*7. 16

5, 485. 61 48, 9. a 16

4, 016. 35

6, 207. 26

10 2,505

719

336 1,627

300 1,404

352

4,207

4

147 1,803

188,224.80 360,401 554.715.80

6 925

3.628 240

2,108 680 143

205, 647. 83

' Comuiis- Hiuns.

$5, 180. 50

18, 066. 72 100,121.30 166, 404. 60 113, 446, 57 12.5, 920. 37

83,844.80

1,000.03 302. 004. 51

07, 443. 20

42, 582. 40 227.609.76

86,141.10 167. 750. 02

53,691.06

651, 732. 07

360. 00

21. 573. 43 202, 753. 83

060.00 140, 308. 78 682, 728. 00 35,232.60 314,601.14 77, 470. 58 22,105.40

810.24 4. l>88. 31 8.701.11 6.244.08 3,130.44 3, Jl'i. 11

5)0.00

13,IU5.54

2, 6(H». 10

1, 0 0. 67

8,.'>-8.45

8H2. 57

4, r.HO. 02

3,108.01

20, 77H. 53

18.00

yUK 62

11,068.61

24.00 6, 307. 26

14, 819. 07 1.451. JO

18,444.04 2,778.38 1.000.34

9405 L O-

-21

28,080 4,060,502.77 142,007.18

Digitized by VjOOQIC

322 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

MeoapiMaHan hjf Statei and Terriiarie$ of the diapotal of the public 1and§, eto.~-ContiDned.

(The are* of oommnted homestaada, tntl homesteads and final deaert entriea» and the area and amonni of Indian land and other areaa In brackets, are not inoladed in the grand aggregate.]

Original entriea ot lands nnder the timber- onltare lawa.

States and Terri- tories.

1

a

Acres.

Regtster. and re- ceiver's

Gov't fees.

Total foes.

1

Acres.

Feea.

Alabama

Alaska

Arixona .,,-,,,-r-T

87

1

518

1.844

12,378.08

80.00

70.932.08

206,837.07

2,072 6,376

4,615 13,070

$1,143

6,687 18,446

1

$160.00

$A

Av^kansat ..

Califomia

4 28

400.06 8»0M.00

16

Colorado....:

88

jlorida

Idaho*.

300

40,851.96

1,200

2,686

8,836

22

8,089.76

88

Illinois

Tpdiana r.

::::::::::::::::: 1

Iowa

27

1.899.93

292.735.33

8,924.93

108

7,632

96

156

18,475

215

268

26,107

311

1 11 j 646

1,057.17 78^767.74

44

^■•nnas

2,184

liOnisianAr r ir

Hiohigau

Hinnesota

329

43.460.22

1,816

2.890

4.206

1 254*

84, 612. 63

1,016

Hississippi

Miaiioart

Ifontana

457 2,610

64,805.20 399,514.23

1,828 10,440

4,185 26,300

6.013 35.740

3 823

360.00 ' 120,087.48;

12

Kebraska

8,282

XTeyada

New Mexico

North Dakota

Ohio

191 097

28,983.52 154.570.86

764 3,988

1.840 9.785

8.604 13,773

1 68

160.00 > 10,460.66

4 278

Oklahoma

!

Oregon

311 , 48,714.37

1,925 , 295,243.22

158. 18,611.57

4d7 72,456.68

1.244

7,696

632

1.948

2.830 18,676 1.265 4,640

4,074

26,371

1,897

6.588

28 922

»«'

1

4,209.89

188,991,08

720.00

118

South Dakota

Utah

8,688

28

Washington

Wisconsin

96.903.29 40.00

_

732

4

Wyoming

261 88,403.94

1.044

2.450

3,494

Total

11.936 1,787,403.14

47,736

113,825

161, 561

2,896

423.048.70

11.584

'

riea.

Lands entered with miUUry boanty land warrants.

Lan rion

da entered itaral ooUe

with ag- ge scrip.

Lands entered with private bind scrip.

States and Territo

1

Acres.

Feea.

1

Acres.

Fees.

i c

1

1 Acres.

Fees.

Alabama

Alaska

Ar1sona«-r-r

I 40.00

II 80 00 45! 4,230.52

9 I 1.320.00

11

2

162

33 4 4

Arkansas

Califomia

Colorado ...... «....••...

Florida

1 1

155.00 160.00

Id»ho

Illinois

Indiana

1

'

Jowa

IK^apnas . .......».t»..

7

3

22

2

600.00

440.00

2. OHO. 00

120.00

23

11

67

2

1

160.00

n

Loaiaiana

ICiohlgan

liindMota

Miaaiaaippi

MlHaouri

2 1

32

210.00

160.00

3.44U.U0

6

4 96

Montana

Nebraska

70 itasoBS

Nevada

New Mexico

4

5

620.00 680.00

13 17

North DakoU

6

480.00

Ohio

T:... ::.

' i

Oklahoma r

Oregon

0 26

1,080.00 3,600.00

34 102

Soath Dakota

i\ 1,280.66

4

Utah

Waahington

5

360.00! 18

Wiaconaln

1

Wyowiivg - T . . . ,

1 '

:::'i;^^.".".^^-l

I

, '

1 1

. ....

Total

176 1 19.084.32 , fiOfl

85

10, 279. Its

5

'

Digitized by VjOOQIC

ACCOUNTS.

323

MeoapiUUation by SUfes and Ttrritoriei of ike diipi^al of the public lande, eto, Coo tinned .

[The area of oommated homeeteada, final bomeateade and final detert entrlee, aod the area and amoant of ladiaii land and other areas In bracketa. are not Ineloded in the gnuid agxregateb ]

selections.

SUte nnlTerdty seleoUons.

SUtes and Territories.

1

Acres.

Fees.

1

Acres.

Fees.

1

Acres.

Fees.

Alabsma

2

82L70

14

1

12L67

«L66

Alaska

AriKona

138 60 8

Arkansas

1

21,216.60 8.087.80 1,819.46

265l26

122.00

16.00

Ciilifornia

Colorado

Florida

Idaho

Illinois 1

ludiana

**

Iowa

1

Kansas

,

IiOulHlMna

2<U

42.140.00

626.75

lilchiican

liinnenota

Ifisaissippi

]

L81

30.845.45

861.40

lilssouHT.

lioDtana

Nebraska

Rl

2i^6VHda

719

112,633.

$i.43i66

Kew Mexico

North Dakota

Ohio

Oklahoma

Oreuoo ...••

]

121

18.425.60

235.82

South Dakota

Utah

WsMhlnfirton

'Wisooosin

Wyoming

w"

Total

710

112,683.8]

1,43&00 '

122.306.00

1,58LS2

1

121.67

L66

Railroad selections.

Indian allotments.

Locations of Valentine scrip.

States and Terri- tories.

1

Acres.

Amount.

1

Acres.

Amount

1

s

Acres.

Amount.

Alabama

Alinka

Ariztina

1,521 82 201

243,87&40 6.106.20 81,813.85

$3,042.00 64.00 AU0.07

Arkansas

California

787.93

Coloiado

Florida

Idaho

Illinois

32

4

5, 216. 18 640.97

62.00 8.00

...

Indiana

Iowa

1 1,«21

40.00 250.231.96

2.0O 3,289.29

1

40.00

9L00

Kansas

Louisiana

Ifiohifnin

Ifinn sota

10

1,261.85

18.60

Mississippi

Mlsaonrl..

38 1,040 2,001

5, 926. 6i 166.345.62 416,173.35

78.00 ... 2, 077. 00 ' 6

Montana

740.24

Nebraska

5. 202. 00

4.418.00 431.38

Nevada

■**■■■ " "

New Mexico

2,2

00

3.53.829.75 84.506.2U

North Dakota

^216

1

40.00

LOO

Ohio

Oklahoma

**"K6

"88.941.63

1.111.' 00

5

309.90

Orejron

Sonth Dakota

ITtah

672 200

4

107.474.44

88.290.97

621. 80

1,813.00

412.00

7.00

Washinston

1 8

160.78 160.00

1

89L60

1.00

Wisconsin

Wyoming

Total

10,9A7 1.752.758.811

21. Oia. 10

20

2,1S7.85

8

lie «A

« AA

_

'

?*•

«i w

Digitized by VjOOQIC

324 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

JReoapitulation by States and Territories of the disposal of the public IoimU, etc, Continoed.

IThe area of commated homesteads, final homesteadi. and final desert, entries, and the area and amount of Indian land and other area in brackets, itre not included in the grand aKgregate.]

SUtes and Terri- tories.

Locations of Sioux half*breed scrip.

Locations of Porter- field scrip.

Original swamp selec- tions.

1

a W

Acres.

Fees.

1

Acres. 1 Fees.

1 ].] J..-..L..

1 1

Acres.

Fees.

Alabama

...1

AlaHka

::: i..:::;:::.

Arizona ...... . .....

Arkansas

California

Colorado ••••....•.•

Florida

970.61

Idaho

Illinois

Indiana ...... ......

Iowa ................

KanHas

Louisiana

isiss

Miohisan

1

MinnrtKntft

"r"*

16, 263. 53

MiBsistippi

1

Hissonrl

... 1

Montana

...J

Nebraska

1

Nevada ,

New Mexico

North Dakota

1

150.99

Ohio

Oiilahoma

Oreiron .......... ....

2,810.21

South Dakota

XTt*h

WaMhinfirton

5.22

$L00

Wisconsin

Wvomiuff

1

1

Total

1

150.90

1 6.22

1.00

15

19,216.53

Swamp indemnity selec- tions.

Donation claims.

Locations supreme court scrip.

States and Terri- tories.

1

Aor.es.

Amount.

1

Acres.

Amount.

1

Acres.

Amonnt

Alabft'"*^ --

Alaska

. ......

......... .(..-. ....■■

Arizona

L . .

Arkansas

i

California

........

r ::.

Colorado i i i

1

..........1.... .. ....

Florida 1 1 - -1

:..:::::.l::::::::::

Ir)aho

1 1

Illinois

I...' 1

1

Indiana

: ! 1

:;::i:;;:::::::::::::::::i::::

'

1

Kansas -

:::::::r:;:::::::::; ::

......

Louisiana

:;:::....::::.:::::.!::..::::::

Michifcan

,

Minnesota

'

1 '

MiflHissiDDi

.

...........

MiMHnqri

25 3,803.32' $49.66 |...| ^

Montana

Nebraska

i i 1

160.00

$8.00

Nevada j

1

1

New Mexico

North Dakota

Ohio 1

Oklnlioma

Orejion

SouthDakota ,

4 785. ei

$25.00

Utah 1

Washington !

.::.:;:;;::::

Wisconsin ;

./

Wyoming '

......

Total

25

3.M3.82

49.00

4

785.81

2&00

e

160.00

&00

Digitized by VjOOQIC

ACiCOUNTS.

325

BeoapitulaHan by States and Territories of the disposal o/thepublic lands, etc.— Contiwaed.

[ The sktetL of onmmated bomMteBds, final homesteadii, and final desert entries, and the area and amoant of Indian land and other areas in brackets, are not included in the icrand afSK^gate.']

States and Terri- tories.

Total misoellaneoas entries.

Pre-emption filings.

filings.

Coal filings.

Entries.

Acri*s.

Amount received.

No.

Fees.

No.

Fees.

No.

Fees.

Alabama

4,510

816.088.88

$36,260.32

335

1670

AlaMka

Arizona

1,929 4,773 4.0^9 4.402 2,2i« 1.504

283,246.13 364, 266. 59 42.5.451.29 6.59.8ftt.43 16^349.46 132.669.53 196.80

7,878.65 37, 479. 04 51. 035. 09 61,213.50 17,196w27 16, 865. 48 19. bO

240

280

2,071

3,103

77

712

720

660

6,213

9,309

161

2,136

4 8 25 66

$12

6

75

198

20

2

20

706

160

Arlcanitas

4

California

Colorado

60 2,888

Florida

IdHho

Illinois

1

3

2

6

Indiana

3

7

1,127

36

611

1,158

1

443

1,010

8,057

563 1.315

6

14

2,254

70

1.222

2,316

2

886

3,030

6,114

Iowa

65

a 192

2,327

b71

8,577

2,812

3,104

2,418

18,490

727

2,941

4.056

1

3, 133. 70

77.'>,877.18

205.381.87

69, 133. 22

236,672.61

313,699.05

186. 612. 33

317.308.19

1, 302, 830. 81

113,27:1.81

440. 336. 35

327, 167. 86

ft().0(l

497.30

67,404.11

19, 069. 18

7,328.07

32. 343. 28

27,880.97

21,910.75

21,154.71

109,656.29

1, 526. uO

13.816.47

38. 759. 80

7.00

95 672. 72

KunfMU) ...

29 3

1

68 6 2

IjoniMi;ina

Miohi^an

MinneHOta

Mi^SlHSi{•pl

Mitt^ouri

Mfinuna

Nftbrajika

2 fiS

6 106

" 16 18

81

'""i

66 8

248

Nevada

3 '

1.669 6 2.630 9

8

Kew Mexico

North Dakota

Ohio

168 6

OkUhoroa

7, 044 1, 082, 193 54 3, 739 419 761. Ul

439 7,920 ' 10

878 30 64

Ori'jcoii

40, 749 77 2. 640 67.771.23 ; 1,972 10,2i>4. 71 3«2

81

8

78

138

248

Sonih Dakota

Ulab ..

7,832 1,436 6,000 1, 121 776

600.591,53 175.292.88 512 870 75 45. 867. 39 95.910.71

3,944 l.flflfi

27

6-

234

Wanhington

WiMc<»n»in

75, 135. 10 3, 300 , 9, »00 7.705.73 1 402 1 804

27

1

7

. 81

2

21

399

Wyoming

10, 800. 69

504 1 1,612

869

1,167

Total

9,362,686.24

896,342.03

25,329

65, 164 712 >

1,571

1,645

4,927

Staten and Terri- tories.

Lassen County desert filings.

Town lo No.

t filings.

Mineral appli- cations.

Mineral pro- testa.

Applications

for tnuber and

stone liindrt.

No.

Fees.

Fees.

No.

"■ 10

41

8

128

535

Fees.

No.

Fees.

No.

Fees.

AUbaroa

Alanka ...

'$160'

410

80

1,280

5,350

i'

3

8

115

■'$i6

30

80

1,160

Arizona

■i.*28i"

ArkHn<*as

California

174

$522

$12,610

Colorado

Florida

Idaho

2

$6

63

530

6

60

Illinois

Indiana

Iowa

KansMs

Loiiiniana

Michigan

Miun«*8ota

MiAHiMHiiipi

MiSHOQll

Montana

269 : 2,590

U.

440

Nebraslsa I

1

Nevada 1

44 1 440 4

40 30

Npw Mexico i

46 450 8

N«Tt li Dakota i

Ohio ,.

Oklahoma i

Oregon 1 ...."... .

7

34 90 24

70 1 340 3 900 50 240 i 2

10 80 600 20

1,895

13,950

South Dakota - ' ...

Utah

Washington

941

9.410

Wisconsin

^Tvoroinff .

16

150

1

10

Total

174

622

2

6

1,293

12,930

241

2,410

8,617

86.170

Digitized by VjOOQIC

326 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

Recapitulation hy States and Territories of the di^Msal of the public lands, etc. Continued.

[The area of conimnted homeateads, final bomestoads and flnal deaert entries, and the area and amount of Indian land and other areas in bracketa, are not included in the grand uggr^^^- 1

States and Terrl- toriea.

Townslte filings.

Hfasoar

Montana

Nebraska

NevHda

Kew Mexico . . North Dakota .

Ohio

Oklahoma

Oregon South Dakota . Utah ... ....

Washington...

Wisconsin

Wyoming

Fe€8,re- ceived for

reducing

testimony

to writing,

etc.

$2, 850. 07

1, 032. 21 3, 60&. 82 10.0«7.44 10, 212. 41 425.67 4,190.21

545. 70 4,045.05 1.039.74 1,907.20 5,480.42

OiO.68 2,938.70 1, 952. 05 8, 567. 02 22.61 1, 519. 21 3,066.84

Valentine scrip filings.

Girard scrip filings.

Total mlAcel-

laneuus filings

and fe«)s.

<05

11

308

293

3|707

4,615

77

776

3

7

1,166

38

612

1,158

1

443

1,806

3.110

60

673

1,327

93,6L6.67

11U.00

2, 264. 21

4.245.82

31,137.44

28,607.41

879.57

6, 931. 21

6.00

559.70

7, 257. 96

1.115.74

3,221.20

7.796.42

651.58

3,824.76

8,204.05

14,787.02

508.51

3,874.21

6,319.84

1,666.46 6. 728. 65 8, 295. 67 1,684.42 13,167.88 2,729.88 1,698.78

46

Total.

101,604.04

46

♦45

4,134

2,040

6H0

4^473

2.444.45 28,046.65 12.671.6T

4.404.43 33,26*2.88

3.535.88

4,498.7«

33,061

225,354.04

States and Terri- , tories. !

Aggregate of all classes

of entries, area of lands disposed of,

and receipts tnm all sources.

Alabama

Alaska

Arizona

Arlcansas

California

Colorndo

Florida

Idsho

Illinois

Indiana

Iowa ,

Kansas

Louisiana

Michigan

Minnesota

Mississippi ....

Missoori

Montana

Nebraska

Nevada

New Mexico ... North Dakota.

Ohio

Okliihoma'

Oregon

South Dakota .

Utah

Washington ..

Wisconsin

Wyoming ....

Total 163,468

Acres.

6,735

823, 993. 64

18

275.31

2,700

860.761.63

6,308

866, 102. 31

11,240

820, 645. 59

13.204

931,876.09

2,978

160,171.05

3,337

297, 491. 14

2 8

196.30

85

3, 453. 70

11,658

956. 041. 37

3.005

210,373.05

2,121

122,699.03

5.415

294, 265. 87

3, 42L

314,612.38

8,848

197.816.68

5.160

481,816.70

20, 817

1, 678, 325. 04

820

116,706.52

4,101

524.429.35

6,687

478, 187. 56

3

186.98

7,984

1,084,001.07

10,542

.766.144.66

11,766

607, 446. 73

2,602

269,284.86

14,591

036.021.70

1,811

88.0»-8.03

2.421

183,157.41

.12, 666, 631. 90

Amount.

Salarif'S I Inciden- and corn's tal of K.andR. expenses.

$72,00.^58

1.407.50

05.401.0il

40.725.00

058.320.21

872,712.66

28, 500. 55

161, 201. 14

19.90

6.00

2, 412. 33

497,752.88

35, 699. 20

117,738.24

148,831.87

82,373.22

42, 890. 05

209.164.19

860,804.55

5,540.51

83, 382. 80

281,272.74

130. 41

100, 807 87

776. 906. 10

386, 055. 31

110.41.^74

1, 088, 137. 15

94,010.97

267. 662. 37

112.000.00 i $4,397.35 , 044. .*» J16.441.85

Expenses inciden c to the disposals of public lands.

Expense »f de.

Total

positing. |«»P«»»«-

11,527.27 I 2,438.19 20.874.07 4.10.'>.09 50, 200 27 I 14. H66. 71 48, 043. 13 i 18, eM. 80

6, UUO. 00 22,270.00

1. 817. 80 36, 125. 10

9, 792. 40

8,213.81 25,269.97

6,00U.00 13, 704. 48 14^ 36:}. 29 53, 810. 53

4,081.75 13.478.81 24,000.00

3.704.42 2,126.07

12,000.00 32.U47.89 36,970.40 0. 000. 00 80.000.00 13. 611. 90 15,665.81

141.35 18,351.57 8,176.30 1,78«.12 6, 192. 12 8, 120. 35 2,649.96 3, .532. 99 14,998.47 660.40 4.064.29 8.013.10

7,986.25

6.592.34 17. 844. 50

3.401.40

13,809.30

763.46

8, 407. 40

7,470,870.31 528,040.36 170,86L88 6.021.03 706.821.77

^1'

232.35 . 14,107.81 244.00 25.226.56 1.326.16 ,66,483.14 324.10 ; 67,904.03 12.10 0,716.62 208.30 24.605.27

1.65

449.10

1.80

20.80

64.30

IU.15

26.80

25.75

1,261.40

22.86

38.20

142.40

11.75 403.16 530.13

382.68

1.65

135.05

1.900.80 54.025.77 12, 070. 50 10,014.20 31.526.30

0. 130. 50 16.471.24 17,932.03 70.070.40

4.765.00 17.581.30 32,155.50

10,908.00 39.132.80 65,854.02 0.401. 40 44, 192L 07 14, 377. 10 19,208.85

Digitized by

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ACCOUNTS.

327

B0oapitnlaUan hy States and Terriiaries of the dispoBol of the puhlie lands, «to.— Contiuaed*

[The ana of oommuted homesteads, final homesteads and final desert entries, and the area and amount of Indian laud and oiher areas in brackets, are not included in the grand aggregate. )

Sales of Indian lands.

Entries. 31

/Lores.

Amount

Alabama:

Hunts viUe

2,333.78

12,917.28

Colorado:

OIku wood Soriu ITS ............. ... .. ...............

289

19 184

84,665.49

1, 09L 72

25,-J82.40

89. 496.66

Gnnninon

8,045.06

Montrose .................. ..r. -,-,,t,. . ..,..r

44, 868. 6^

Total

442

61.059.61

142,409.75

Sioux Indian landi. South Dakota:

Ch%mber1a1n T ,,,,,, ,-,-,,,.,^,,,^, .r-, ..,,,,,.,. --,-

326 89

17

18

48,732.06

6,03A43

872.02

1,454.36

253.66

Pieire

Watertown

i. 861. 76

Kinnesota :

Marshall

1,907.41

Total

400

57, 096. 87

4.022.61

Osage trust and diminished reserse, Kansas:

Oarden Cltv

17 76 11

1.936.20 8, 667. 99 1, 116. 79

29,974.59

36,775.86 4,378.26

Lamed

Topeka

Total

104

11,763.98

71, 128. 06

Kansas:

Tooeka. .......... ^..........r. ...... ......... ....... .....r

2

M.11

207. 96

Topeka ......

8

888.85

1, 710. 71

Pawi^ee Indian lands. Kebraska:

Grand Island ., r^.rr

15.040.68

I.I

Otoe and Missouria Indian lands. Kebraska:

Lincoln

2,975.68

Omaha Indian lands. Kebraska: Keligh

48 732.34

12 2

8

Winn^ago Indian lande. Kebraska:

O'KelU

467.77

572. 22

Umatilla Indian lands. Oregon :

La Grande ............ ....

5.60

163.45

Uintah Indian lands. UUh:

Salt Lake City

3. 34a 00

RECAPITULATIOK BY STATES AKD TERRITORIES.

Alabama

Ciilonwlo

Kansas

Minnesota ....

Kebmska

Oregon

South Dakota . Utah

81 , 442 ,

1U9 '

18 I

12 I

2 '

382, 56,612.51 8 163. 45

'2,833.78 I 61, 059. 61 12,193.04 '

1,454.36 ■• 457.77 '

$2,917.28

142,409.76

73, 046 78

1, 907. 41

67, 320. 22

5.50

2,115.41

3,340.00

ToUl.

1,004 1 133,305.42 203,062.30

Digitized by VjOOQIC

32H REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

BEPATMENTS.

' Kepayiueiiis of purchase moDey for lauds erroueouHly sold are made nnder tbe followiug laws : Sections 2362 and 2363, United States Re- vised Statutes, and the act of June 16, 1880 (21 Stat., p. 287). The act of March 3, 1887 (24 Stat., 550) provides for reimbursements to actual settlers and purchasers ot lands in the State of Nebraska and Kansas, within the granted limits of the St. Jo and Denver City Railroad Gom> pany.

The act of March 3, 1855, first clause general appropriation bill, au- thorizes the return of overpayment on entries made under the gradua- tion act of August 4, 1854.

Among the most important decisions that have beep rendered in the past year are the following (Annie Knaggs, 9 L. D., 49 ; Peter F. Bing- ham, 9 L. D., 259):

Vol. 10-102. Ex parte : Annie Knaggs. Bepayment of purchase money overpaid.

Department of the Intbriob,

WaBhingtoWf D. C, July 2, 1889. The Commissioner of the General Land Office.

Sir : I have considered the appeal of Annie Knaggs from your decision of January 28, 1888, declining to recommend the repayment of the purchase money overpaid on Cheyenne, Wyo., final desert-land certificate No. 796.

The record shows that Annie Knaggs made desert land entry No. 2803, October 31, 1^85, upon lots 1, and 2 and N. i of 8W. i, Sec. 14, T. 14 N., R. (57 W., Cheyenne, Wyo. TliiN tract contains 148.40 acres. At the date of the entry sh( made a payment of 25 cents per acre for said land, receiving a duplicate certificate therefor, and the balance of ^l per acre was to be paid when she submitted final proof.

October 7, 1887, Kuaggs submitted final proof on said entry, and tendered the local officers the huui of $148.40, being balance due on said entry at the rate of $1.25 per acre. The receiver declined to accept proof and payment as tendered, in view of a telegram received from your predecessor and which was as follows : ** On final desert entries within railroad limits, whi-re parties paid 25 cents per acre on original entries, collect $2.'.^r> per acre, so that the total payment will be $2.50 cents per acre.''

KnaggH' entry being upon land within railroad limits, the receiver refused to socept final proof unless upon payment of $3:33.90, being the balance due at the rate of ^2.b0 per acre. The applicant, therefore, paid under compulMion an excess of $1^5.50, which Hhe did under protest, as appears from her own affidavit aud a letter of tilt) local officers dated March 1, 1888.

November 11, 1887, Annie Knaggs made application for the repayment of tbe aniouut overpaid on her final desert-land certificate, and on January 28, 1888, your of lice denied her application.

From this action Knaggs duly appealed to the Department.

In your said decision you state '' that by reason of the claimant having made her original entry prior to the issuance of said circular, she was entitled to pay $1 per acre when she made final pr<'of. Although the claimant has overpaid $ll'<j.50, it is not in the power of this office to refund the amount, as the law governing the return of purchase money does not provide f- r repayment in a case of this character."

Section 2357 of the Revised Statutes (act of March 3, 1853, 10 Stat., 244), provides :

'*The price at which the public lands are ottered for sale shall be $1.25 an acre; aud at every public sale the highest bidder, who makes payment as provided iu the pre> oeding section, tihall be the purchaser; but uo land shall be sold either at public or private sale for a less price than $1.25 an acre; and all the public lands which are nereafter offered at public sale according to law and reniain unsold at the close of auch sales shall he subject to be sold at private sale by entry at the land office at f 1.25 an acre, to be paid at the time of making wuch entry : Provided, That the price to be paid for alternate reserved lands along the line of railroads within the limits granted by any act of Cougress shall be $2.50 per acre."

It will be observed that in the above section no distinction is made as to the class or character of public lands subject to double minimum price within railroad limits.

The act of March 3, 1877, provides for the sale of desert lauds in certain States and Territories (amougst others iu the Territory of Wyoming, iu which the land in ouea- tion is situated) to qualified persons upon their paying 25 cents an acre when making entry and a balance of $1 an acre when submitting final proof.

Digitized by VjOOQIC

ACCOUNTS. 329

The act of March 3, 1B53, tixing the price of pnblic lands within railroad limits at |2.50 an acre, was not repealed by the act of March .% 1877, fixing the price of desert lands at f I.*<J5 an acre. Congress in the latter act did not refer to desert lands within the limits of a railroad grant.

Statntes are repealed by express provisions of a snbseqnent law, or by necessary implication, and in the latter case there niUKt be such a positive repugnancy between the provisions of the old and the new law that they can not stand together or be con- sistently reconciled. Kepeals by implication are not iavored in law, and are never allowed but in cases where inconsistency and repugnancy are plain and unavoidable, and it is a question of construction whether or not an act professing to repeal or interfere with the provisions of a former law operates as a total, or partial, or tem- porary repeal ; and if there are two acts seemingly repugnant, if there be no clause of repeal in the latter, they shall, if possible, have such construction that the latter may not be a repeal of the former by implication. (Potter's Darrais, 154, and cita- tions.)

Besides, the department construes the desert-land law as fixing the price of desert land within railroad limits at $2..^0 an acre.

Nor does this price seem to be excessive or unjust to the entryman, as the privilege of purchasing an entire section instead of a quarter section, and of having thrtte years in which to pay for the land instead of one year, would seem to compensate for the trouble and expenrH* of conducting water upon the tract for the purpose of re- •claiming the same. Neither can Knaggs complain of any want of equity in this mat- ter, at she has only paid the government price for the .'and.

In Opinions of Attorneys-General, Vol. 4, p/2*29, it is said :

".In reference to cases of error ariMing oni> of miscalculations of the amounts to be paid, I have had more difficulty. Money thus paid is never properly in the Treasury of the United States. It is paid and received by mutual mistake; and as long as it remains in the hands ot the receiving officer, I can perceive no good reason why, upon the discovery of the error, h«' should not be authorized to correct it. After it has found its way into the Treasury, however, like all other monev, it should be with- drawn in strict fulfillment of the requirements of the law, which the administrative power of the executive department of the government can not control.''

Ibid., 253, it was said :

'* Jt will not do for the department to refund money which has erroneously found its way there, simply on the ground that it is just that it should be repaid, for the reason that it would require the department to disregard a most wbolesoiite and sal- utary restraint, upon the due and strict observance of which the most important in- terests depend."

The power of repayment by the Secretary of the Interior is limited and defined by statutes. The present legislatinn u]K)n the subject is as follows

Section 2362 of the Revised Statutes provides for repayment in cases where a tract ofland "has been erroneously sold by the United States and can not be confirmed." The act of June 16, 18^0, (21 Stat., 287) provides, that repayment may be made of fees and conituissions and excess payments upon the locations of claims under section 230(1, where "said claims were after such location found to be fraudulent and void, and the entries or locations maile thereon canceled," or where entries are "canceled for conflict, or where from any cause the entry has been erroneously allowed and ain not be confirmed," or where double minimum price has been paid for lands afterwards found not to be within the limits of a railroad grant, the excess $1.25 per acre may be returned.

It is clear that appellant's application is not authorized by any of the above pro- visions, and, therefore, must be refused.

Your decision is accordingly affirmed, and the papers in the case are herewith re- turned.

Very respect fully,

John W. Noble, Seoretary, Vol. 10-916. Peter F. Bingham.

Departmbnt of the Interior,

Jfaakingtont AugHSt 13, 188U.

The Commissioner of the General Land Office.

Sir : I have considered the case of Peter F. Bingham, on his appeal from your of- fice decision of July 11, 18^8, rejecting his application for the payment of the pur- chase )»rice paid by him on his pre-emption cash entry for £. i NE. J, sec. 6, T, 15 8., It. 49 W., Pueblo, Colorado, land district.

Bingham filed his declaratory statement April 13, 1883, alleging settlement April 2, 188^3. He presented his final proof and was permitted to make cash entry of the said land June 20, 1884.

Digitized by VjOOQIC

330 REPORT OP COMMISSIONER OP GE;^£RAL LAND OFFICE.

On October 26^ 18B6, yonr office having reached said entry for patent discovered that claimaDt had advertised to make proof before the local office on Jane IH, 18d4, but that instead of so doinx ^^^ papers showed that the testimony of witnesses had been taken April 30, 1884, before John W. Williams, a notary public, at a county dis- tant from the local office.

For that reason and because the final proof was not. sufficiently definite in regard to the continuity of his residencn, his entry was, by your office letter ** G" of October 36, 1886, held for caucellation, but he was allowed uinety days in which to tile cor- roborated affidavit showing definitely the time he resided'on the land duriug the six mouths immediately precediug final proof; and he was also required to make republi- cation and posting of notice.

Bingham, instead of attempting to make new proof, filed a relinqnishment of hia said entry, and made application for repayment of the purchase mouey.

By your office letter of July 21, 1887, the said eutry was canceled upon said rjilin- quishment, and it was stated that his application for repayment would be made the subject of another letter.

By your office letter *'M" of July 11, 1888, Bingham's application for repayment was rejected, the reason assigned being as follows :

'* If Bingham had complied with the law under which he made his entry, the gov- ernment could and would have con Armed the same, but the laches were ou his part, and in such cases the la>v does not provide for the return of the purchase money. The application is therefore denied."

Although claimant's witnenses on final proof were sworn by a notary public at » pointdistaut from the local office, claimjiut himself made affidavit before the reginter, and he made not the slightest attempt at concealment of his conduct in regard- to residence. In reply to the usual question in regard to the continuity of his residence, he answered as follows:

*' I am a sheep-raiser, have 1,000 lambs and 3,700 old head. Owing to i^y business I have been unable to live all the time on the place, sj that I have been olF and on all the time since settlement. The place itself will not support my sheep more thaa three months at a time, and I have had to take them elsewhere in order to keep the:n properly and return agai i after the lanse of several months, when the grass has had a chance to grow. That country is very barren and'.sandy, and the food for stock is all the time, at the most, scarce. The grass is short and thin on the ground. The ground is unfit for cultivation. I am a bona fide settler, and am desirous of comply* mi; entirely with the law so far as it is possible so to do."

The claimant in his applioitiou for repayment states upon oath that as his resi* dence 'or the six mouths next preceding his eutry had not been coutinuons he oould not make new proof of residence; that heithen attempted to make coutin>«ou4 resi- dence for six mouths upon the said land, but was unable to remain there on account of sickness occasioned by drinking the water, whloh in that vicinity is unlit for iso,. being strongly impregnated with alkali ; that his brother, who had a claim in the immediate vicinity, lived thereon for about eighteen months, when he died froia disease caused by drinking said water, and that ne is convinced a longer stay on his claim would on said account been at the sacrifice of his life or health, aud that for this reason he left the laud and relinqnished the same to the United States.

There being no concealment or attempt at fraud and the testimony on final proof having been thought sufficient by the local officers, repayment should be made. Oscar T. Roberta (8 L. D., 42.i); Samuel K. Paul (7 L. D.,474); George J. Ru^k- rudge {Id,, 5()9).

Your decision is accordingly reversed, and the papers transmitted with yonr office letter of October 10, 1888, are herewith returned. Very respectfully,

Geo. Chanllrr,

First Aasiatant Secreiarg^

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N.— MINERAL DIVISION.

This division has charge of the following bastness :

(1) Mineral and coal entries.

(2) Contests between mineral claimants.

(3) All other contests coming before the ofiQce where the mineral character of the land is involved.

(4) Qnasi-contests.

(5) Agricultural entries involving the mineral character of the land.

(6) Railroad lists referred to this division for examination, involving the mineral character of th<^ land.

(7) Petitions for suit by the United States to set aside patents on mining and coal claims, and on all mineral and coal lands which may have been erroneously or fraudulently patented as agricultural land.

(8) Preparing certified copies of papers, plats, and records.

(9) Correspondence.

(10) Miscellaneous matters, «• g.^ relinquishments, and requests by registers and receivers and surveyors-general for instructions, in all matters relating to the disposal of mineral and coal lauds.

(11) The preparation and recording of all mineral and coal patents* The average number of clerks in the division for the year has been

23+. The average for year ending June 30, 1889, was 20.

One thousand six hundred and thirty-one mineral and coal patents have been issued, an increase of over 50 per cent, from the previoua year.

Ninety-two contest cases were finally disposed of, as against 141 for the previous year.

Two hundred and sixty-five contest cases were considered as against two hundred and thirty-one for the previous year.

One thousand six hundred and forty-eight recent mineral entries were examined, an increase of about 60 percent.

One thousand nine hundred and fifty -eight suspended entries were reexamined, as against 1544, for the previous year.

The work on ex parte entries is in arrears about two and one-half years. The work on contest cases is up to date.

The work on conni^cted diagrams is up to date.

Lists of railroad selections, involving 8,973,827.95 acres, remain sus- pended, awaiting action by the Honorable Secretary of the Interior on the question before him as to whether the companies shall be required to furnish non-mineral afiidavits.

The following statement shows the quantity of lands sold and the number of entries, filing, etc., made under the mining and coal land- laws during the fiscal year ending June 30, 1890 :

Mineral lands and mill sites sold acres.. 35,396.81

Coal lands sold do... 16,198.34

Total do... 51.595.15

331

Digitized by VjOOQIC

332 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

MiDeral eotriee made 1, 314

Mineral applications filed 1,293

Adverse claims filed 241

Coal entries made 118

Coal tilings made 1,645

Mineral contests received .^ 75

Qnasi-coutests received 1 127

The work done daring the fuscal year is shown as follows:

Mineral patents issaed, inclnding necessar;^ plats of surveys 1, 407

Lode, mill site, and placer claims included in the above patents 1,500

Coal i>atents issued 224

Mineral and coal patents recorded, including necessary plats of surveys .. l,63l

Pages of patent record made, including plats of survey 6,106

Mineral and coal entries approved bnt not patented ' 133

Recent mineral and coal entries examined 1,648

Old suspended mineral and coal entries re-examined 1, 958

Total mineral and coal entries examined or re-examined .'.... 3, 606

Agricultural cases and quasi-oontest cases, involving mineral questions,

examined 526

Con tost oases considered and decisions rendered subject to appeal 173

Contest cases considered and finally disposed of 92

Total number of contests considered 265

Railroad selections disposed of.... acred.. 6,618

Letters received and docketed 6,662

Letters written 5, 921

Pages of offlrial copy written 3, 253

Pagts of certified copy written 2,296

The 1,407 mineral and 224 coal land patents issued during the year, the latter covering coal fields aggregating 33,773.72 acres, fall within the States and Territories given in the table below.

states and Territoriea.

Coal land.

Area.

Mineral and miUaitc.

▲liiHka

8

Arizona

25

CaliforDiH ••

6 127

880.00 10,464.90

lis

Colorado

801

Dakota

40

Idaho

4S

Montana

9

1,040.00

814

Nevada

27

New Mexico

3

100.00

20

Oregon

10

Uthh

19 87 25

2,880.84 6,654.84 8,683.58

118

W a»h i npton

s

Wyoming

21

Total

2M

33,778.72

1,407

The condition of the work in the division at the close of the fiscal year is as follows:

Mineral and coal entries, unexamined. 3,327

Mineral and coal entries examined and in the snspended files 2,244

Mineral contestH in tiles and not finally disposed of 154

Agricultural cases and qaasi-contest cases, invoiving mineral qnestions, nnex-

niniued 12

Ap^ricuU.ural cases and qnani-con test cases, involving mineral questions, exam- ined and in snspemled files 136

(Lists of railroad selections, involving 8,973,827.95 acres, unexamined.)

Digitized by VjOOQIC

MINERAL LANDS.

333

Mineral, mill site, and coal entries pending Jnly 1, 1889 5, 791

Mineral and mill site entries received daring the year 1,:U4

Goal entries received during the year •.... 118

Total..., 7,223

(In entries received are included all entries made.)

Mineral and mill site entries examined and patented during the year 1, 407

Coal entries examined and patented during the year 224

Mineral, mill site and coal entries canceled during the year 21

Total mineral and mill site entries pending June 30, Iti^O 5, 'iff7

Total coal entries pending June 30.. 1890 304

Mineral and coal entries for each State and Territory pending, exam- ined and SQspended, and anexamined, June 30, 1890, are shown by the following table:

Stotes and Territories.

£xamined and sospended.

Unexamined.

Coal en- tries.

2

Mineral entries.

Coal en- tries.

Mineral entries.

Alabimft

1

AlAMkft

4

94

3

264

253

78

74

9

63

167

13

3

S

'l

405 1.550 150 212 121 203

Ar^zonAT..,..

ArkanMM

California

4 51

Culora 0

72

Idaho

Ifnntana ^... .^

20

19

Kera^ia

New Mexico

12

2

Orgeon

40

South DakoU

102

Utoh. X

9 13 29

245

Wasbineton

44

27

13

Wyomin|[

34

Total

140

2,104

164 3 im

RECAPITULATION.

Total coal entries

Total mineral entries.

Examined

and suspended.

140 2,104

2,244

Unex- amined.

Total.

164 I 3,163 I

304 5,267

I

3.827 1

Apical tnral and all entries not mineral and qnasi-contest cases, pending

Jnly 1, I8ri9

A j^i cultural cases received during the year

QaaNi-contest cases received during the year

Number finally disposed of during the year

Number pending not acted on June :iO, 1890

^57l

104 293 127 :n7 12

List of railroad selections pending July 1, 1889, involving acres. . 5, fAM, 207

List of railroad selections received during the year involving acres. . 3, 419, 238

Considered and disposed of.

8,980,445 6,616

Total pending June 30, 1890. 8,973,827

Mining applications pending Jnly 1, 18H9, per last report. Mining applications made during the year

Total

2,947 1,293

4,240

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334 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

Mining applications (final proof not made) oanceled daring the year, esti- mated '. 25

Mining applications in which final proof was made daring the year 1, 314

Total nnmber of mining applications disposed of daring the year (inolnd-

ing entries patented) 1,453

Balance pending Jane 30, 1890 (not reliable) 3,788

Coal filings made to Jaly 1, 1889 : 7,670

Coal filings made daring the year 1,645

Total 9.315

Contests pending Jul^ 1, 1889 ' 171

Nnmber received dnnng the year 75

Total 246

Nnmber finally disposed of daring the year 92

Number pending Jane 30) 1890 154

aSKKRAL STATEMENT.

Mineral, mill site, and coal entries examined during the year 3,606

Mineral and mill site applications (tinal proof not made) examined daring

the year (estimat-ed) 35

Mineral and mill site patents issued daring the year 1,407

Coal patents issued during the year 5S24

Contests considered during the year 265

Quasi-con tests and agricultural cases considered during the year 526

The force of this division consists of twenty-four employes, graded as follows :

Chief of division t2,000

One principal examiner 2,000

One clerk, class 4 l,MO0

Four clerks, class 3 1,600

Three clerks, class 2 .^ 1,400

Eight clerks, class 1 1,200

Three clerks 1,000

One copyist 900

Two transcribers of plats and records 600

This force is not more than dnfficient to keep np the cnrrent work, which is increasing. Some provision should be made for reaching the cases now in the files anexamiiied.

The chief of the division recommends for this purpose that the force be increased by seven competent examiners, two clerks, and two copyists.

DECISIONS AND RULINGS UNDER THE MINERAL AND COAL LAND LAWS.

MINESAL LAND LAWS.

( 1 ) Corporation Article$ of inoorporation. The General Land Office keeps no record of the incorporation of companies, and declines to retain them on its files for refer* ence. (Acting Commissioner to F. J. Smith, Helena, Mont., Jnly ti, lti89, 16 C. L. O., 110.)

(2) Adverte mining olain -ApplioaHon for patent-^Proper land office to fiU eamo, The proper land office in which to file an application for patent or an adverse claim is the land office having jurisdiction of the land in Question at the time of filing. (Acting Commissioner to register and receiver, Montrose. Colo.. July 18, IStiS, 16C. L. O., 110.)

(3) Segregation of mineral land—Non-eontiguaue agricultural traets, ^Where a home- stead entry covers contiguous tracts, and a segregation of a part thereof is made necessary hy a subsequent discovery of mineru, the entry will stand intact as to the agricultural tracte, though rendered non-con tignons by the segregation sorvev.

Secretary of the Interior to Acting Commissioner of the General Land Office, Joly 1889, 9 L. D., 143.)

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. MINERAL LANDS. 336

(4) Efect of judiofal proceedings— (Review), A jnd^meot favorable to the applicant, in jndicial proceedingti instituted by an adverse claitnant, is no bar to a bUDHequent investigation ou bebalf of the Government to determine whether saiil applicant has in fact complied with the law. (Secretar; of the Interior to Commissioner of the Oeneral Land OfiBce, Argnst 2, 188!*. 10 L. D., 184.)

(5) Fire o/ay Tiwber and stofie lands. The presence of fire clay is no bar to entries nnder the timber and stone law of June 3, 1878. (Assistant Commissioner to regis- ter and receiver, Los Angeles, Cal., September liO, IH^. 16 C. L. O., 159.)

(6) Mill site under last olause of «eo^'ont^7, Revised Statutes, A quartz mill or re- duction works are the only improveuieuts on which a mill site entry may be based under the last clause of section 2'S^i7 ot the Revised Statutes. (Secretary of the In- terior to Commissioner of the General Land Office, October 5, 1889, 9 L. D., 460.)

(7) Deposit Jor office work, A deposit of f320 tor office work in connection with an application covering ten mineral locations and two mill sites is not an unreasonable sum. (Commissioner to United States surveyor- general, Helena, Mont., January 6, 1890, 16C. L. 0.,*i9.)

(8) Deputy mineral surveyor acting as notary public ^There is no objection to a dep- uty mineral surveyor acting as notary public, except in cases where he is employed in tht) CHpacity of surveyor. (ConimiHsioner o United States snrvevor-general, Helena, Mont., January 20, 1890, 16 C. L. O., *.i09.)

(9) Hearing Entry^Relocation.^The land department has authority to order a hearing to determine whether there baH been duo compliance with the mining law, though the charge is not made until after entry.

An original locator will not be heanl to question the validity of a relocation in a proceeding instituted to determine whether said locator has complied with the law m the matter of the annual statutory expenditures. (Secretary of the Interior to CommisHionerof the General Laud Office, February 13, 1890, 10 L.D , 157.)

(10) R^sjudicata— Known lode Fatrvt. The Comnii-hioner oft he General Land Office has no authority to reverse a decision c)f his predecessor that has become tinal. A decision of the Secretary of the Interior is binding upon all subordinate officers of the land department so long as it remains unchanged.

The limitations of the width of a lode within a placer claim by the provisions of lection 2:i3:). Revibed Statutes, is only applicable where the claimant seeks a patent for a vein or lode included within the boundaries of his placer claim, and has no appli- cation for the lode claim, properly perfected by another, prior to the date of the appli- cation for placer patent.

If it aiipears from the record that there is a lode claim within the boundaries of a placer claim not owned by the placer applicant, such lode claim should be in it-s full extent excepted from the placer patent.

If the record shows that there is no known lode or vein within the boundary of a placer claim and patent regularly issues thereon, no subsequent application for a lode claim within said placer should be received by the local office so long as said placer patent remains outstanding and uncanceled in whole or in part.

The validity of a placer patent and its extent, as in conflict with an alleged known lode or vein, are questions that can only be determined by judicial authority. (First Assistant Secretary of the Interior to Commissioner of the General Land Office, Feb- ruary 21, 1890, 10 L. D., 200.)

(11) Improvements— Separate locations. While it is not required that, upon several separate locations embraced in one entry, $500 must be expended upon each location, the $50u-expenditnre should be so placed as to tend to the development of the entire claim or each separate location embraced therein. (Assistant Commissioner to reg- ister and receiver. Central city, Colo., February 27, 1890, 16 C. L. O., 280.)

(12) Patent Jurisdiction— Date of record. Th^ issuance of a patent, duly signed, sealed, countersigned, and recorded, deprives the department of further jurisdiction over the land or the title thereto.

The date of the patent must be tak«'n as the date of the record, and parol testimony is not admissible to contradict the record. (Secretary of the Interior to Commis- lioner of the General Land Office, March 22, 1890, 10 L. D., 343.)

(13) Phosphate lands in Florida Noa- mineral affidavits, Phosphate is classed by the standard authorities as a non metalic mineral substance and product, and is tnere- fore included in the class ** all valuable mineral deposits'^ mentioned in section 2319, Revised Statutes, and as such is subject to disposal under the mining laws. (Com- missioner to register and receiver, Gainsville, Fla., April 15, 1890. 17 C. L. O., 30.)

Non-mineral affidavits (Form 4-062), with the word phosphates inserted therein after the word *' gravel" will be required in entries of Florida lands as in other States; but this will not be extended so as to require the suspeiiRion of cases in which final

Eroof has been properly made and the entries are awaiting pat*-nt,the proceedings aving been regular under the existing practice and the questions in the final proof as to minerals properly answered. (Commissioner to register and receiver, Gainesville, Fla., April 25, 1890, 17 C.L. 0 ., 51.)

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336 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE

(14) Jgriailtural eJaim.— On iesiie joined between a mineral and agricultural claim- aDt as to the character of the land returned as mineral the qaestion for determina- tion is whethef^ as a present fact, the land is more valuable for the mineral it con- tains than for agricnltural purposes. (First Assistant Secretary of the Interior to Commissioner of the General Land Office, May 3, 1890, 10 L. D., 5:^.)

(15) Mining claim Tottn site— Pale nt. Under a mineral application for land partly included within a prior townsite patent the claim must be restricted to the land not in conflict. .

The proof in suqh a case must show the fliscovery of mineral within the limits of the new survey and tire requisite expenditure on the claim as thus defined.

In the absence of an allegation or offer to prove that the land in conflict was of known mineral character prior to the issuance of the townsite patent, the record will not justify"" proceedings against said patent, or adverse to rights claimed theie- nnder; but on due showing a hearing may be ordered to determine whether salt to vacate the patent should be advised.

The issuance of patent terminates the jurisdiction of the department over the land covered thereby, and such patent can be invalidated by judicial proceedings only.

A subsequent discovery of mineral can not affect the title as it passed at the time of sale. (First Assistant Secretary Chandler to Acting Commissioner Stone, July 9, 1889, 9L. D., 83.)

COAL LAND LAWS.

(1) Two coal declaratory statements for the same tract Hearing, Where two declara- tory statements under the coal laud law are filed for the same tract of land, a hearing will not be ordered until one of the parties applies to purchase the land. (Acting Commissioner to register and receiver Santa F^, N. Mex., July 23, 1889, 16 C. L. 0.,13r,.)

(2) Purchase price. The status of coal land at date of proof and payment, with re- spect to its distance from a completed railroad, determines the price thereof, irre< spective of its status when the preference right of entry is initiated and acquired. (Secretary of the Interior to Commissioner of the General Laud Office, April 11, 1890, 10 L. D.,422.)

(3) Second coal landfiling.—k second coal declaratory statement can not be tiled in the absence of a valid reason ior abandoning the first. (First Assistant Secretary of the Interior to Commissioner of the General Land Office, May 3, 1890, 10 L. D., r>'39.)

(4) Coal entry Declaratory statement Final proof, Failure to file coal declaratory statement within sixty days afterdate of actual possession, and make payment for the land within one year from the expiration of the time allowed for such filiug, ren- ders the land subject to the entry of another who has complied with the law.

A coal entry must be made in good faith and not for the benefit of another. (Sec- retary of the Interior to Commis-sioner of the General Land Office, April 10, 1889, 10 L. D., 160.)

INSTRUCTIONS RELATIVE TO THE DISPOSITION OP MINERAL AND COAL LANDS IN SECTIONS 18 AND 38 OP COLORADO.

f Commissioner to regiRter and receiver, DaraoKo, Colo., December 9, 1889.}

I am in receipt of your letter of the llth ultimo, asking for instructions relative to the manner of proceeding where applications for patents are presented for mining claims in sections 16 and !^ of Colorado, the same having been surveyed and the sur- vey approved, there being notbing.on the to\vn.ship plat to designate whether said sections 16 and 36 were known to be valuable for mineral at the time of the survey.

In reply you are advised that under the decisions of this office and the department it is held that, where (in the State of Colorado) the survey was made and approved prior to the admission of Colorado, sections 16 and :i6, known at the time of the ad- mission to contain mineral, did not pass with the grant, and that where the survey was approved subsequent to such admiHsion, and at the time of the approval of such survey the lands in sections 16 and 36 were known to be mineral in character, the same also did not pass to the Stale under its grant. (See in this connection case of Townsite of Silver Clitt' r«. State of Colorado (Copp's L. O., vol. 6, p. \WZ) ; also letter of the Htm. Secretary to Hon. James Craig, /6irf., page 45 )

The recent decision of the dei)artuient to the effect that the title of the State under the school grant vests, if at all, at date of Burvey. and that if the land is in fact mineral, though not then known ♦^ be such, the subsequent discovery of its mineral character will not divest the title which has already passed (9 L. D., p. 40h), is in harmony with the practice of this office in the adjudication of cases before it.

It would appear from your letter that, although T. 40 N., R. 11 W., N. M. M., was not considered by you as having been returned as mineral, you allowed applications.

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MINERAL LANDS. « 337

for mioeral claims for tracts in section 36 thereof, where the locations were made sub- sequent to the approval of said survey T October 13, 1882), and as appears from the copy of the Rico News several of the notices of applications are now being pub- lished.

Your action in receiviuf; said applications in section 36 in view of the statements above was erroneous. Where applications for patent for lands in sections 16 and 36 surveyed subsequent to the admission of the State are presented for filing, you will consult your records as to the return of the township or any of the particular sections thereof by the surveyor- general, and if the same has not been returned as mineral you will first determine (by consulting the notice of the location) whether the discovery of the claim was made he/ore or after the approval of the survey. If the former, you will give notice to the State authorities of the pendency of the application, and allow them a reasonable time to show cause why the same should not be received and tiled. If the latter, before receiving such application, you will require claimant to furdish satisfactory evidence that the land was known to be mineral prior to or at the date of the approval of the survey.

Such evidence being furnished, yon will then eive notice to the State #s above set forth. If snch showing is not made, however, there is no authority under the law for receiving such application.

In the latter case when said sections 16 and 36 have been returned as mineral by the surveyor-general, you will proceed as hereinbefore directed in the cases where the discovery was made prior to the approval of the survey.

In cases where the survey was made prior to the admission of the State you will proceed as above and substitute the date of admission of the State for the date of the survey.

If there are any applications pending in your office in which the State has not had such notice, you will give notice before allowing entry.

Should the State object to thor filing of application or allowance of entry, you should order a hearing to determine whether the land applied for was known to be mineral prior to or at the date when it would pass to the State as above indicated.

9406 L O ^22

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p.— SPECIAL SERVICE DIVISION.

The work performed in this division daring the fiscal year ending Jane 30, 1890, is sammarized as follows :

Letters and reports received and registered 19,671

Letters and reports disposed of 18,462

Letters written 9,956

Pages of press-copy books 20,653

PROTECTION OP PUBLIC LANDS.

Daring the year sixty-one agents were employed in the investigation of fraudulent land entries and otherwise protecting public lands from illegal appropriation, the aggregate length of service being four hun- dred and nineteen months and eighteen days, equivalent to the employ- ment of thirty-four agents for the entire year and one agent for eleven months and eighteen days.

The number of reports received from the special agents and acted upon during the year is as follows :

Agents' reports pending Jnne 30, 1889 273

Agents/ reports received during the year 2,027

Total 2,300

Agents' reports acted upon during the year 1,785

Agents' reports pending Jnne 30, 1890 515

Two thousand six hundred and eighty-four cases were referred to the special agents for investigation, hearings were ordered in 343 cases, 437 cases were held for cancellation, 538 were canceled, and 1,909 were examined and passed.

Final action was taken in 5,938 cases, and there are now pending in the division (June 30, 1890), 7,025 land cases.

There are 482 records of hearings awaiting action, and 448 registers' and receivers' reports and miscellaneous letters awaiting answer.

During the year 16 reports of unlawful inclosures of public land were received, involving, so far as ascertained, 115,455 acres. Saits were recommended in 8 cases, and the fences were reported as haying been removed in 9 cases.

338

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SPECIAL SEBYIOE.

339

The following tables show in detail the amount of work performed during the year, and the condition of the same June 30, 1890 :

Statement shotoing in detail the number of oasee reoeivedj acted upon during the year^ and

ptnding June 3(1, 1890.

Kind of cases.

c

1

§

1 i

i

s

1

be 6

ll

1

§

1

s Is

si

I

<B

1

i

K

4.

5

5

1

|s

>

a

1

1

1

1

1

1

1

H

w

^

225

297

o

6

o

04

w

Homestead entries

339

43

134

6

159

753

Comrantation cash entries.

273

39

27

27

849

11

20

377

Preemption cash entries..

884

184

188

115

981

2

48

98

948

Pre-emption filings

83

10

13

18

28

1

64

Timber-cnltnre entries

177 783

9 35

48 44

107 10

112 71

7 142

506

Timber-land entries

9

216

Desert-land entries

180

14

17

36

53

1

5

99

Pt ivate cash entries

9 20 36

6

1

58

Mineral entries

1 8

........

9

Coal entries

16

10

86

Coal filings

1

Townsites

2

*"" '

Totals

2,684

843

437

538

1,909

8

77

431

3,060

Awaiting final action.

i

i

«

.A

i 1

^

1

f

1

i

Kind of cases.

'1

I

1^

f

u

3'

i

1

I&

ll

u

\

1

"0

of

1

§

1

II

5

1

i

s

5

i

1

1

1

1

1

1

s

5

Homestead entries

176

676

305

70

1,225

2,382

277

1,434

1.226

66

242

120

25

453

1,175

51

77?

458

Pre-emption cash entries..

373

924

772

108

2,177

4,031

288

2,142

2,177

Pre-emption filings

16

36

62

2

115

187

38

m

115

Timber-cultore entries....

81

105

109

1

246

911

67

782

246

Timber-land entries

267

1,644

146

152

2.109

1.534

1.013

438

2,109

Desert^land entries

144

168

152

9

473

687

79

198

473

Private cash entries

4

28

2

4

38

97

59

38

Mineral entries

84 41 56

6 11 16

7 18

47 70 72

47 96 56

9

20 16

9 46

47

Coal entries

70

Coal filings

72

Townsites

2

2

Totals

1,076

8.852

1,701

396

7.025

11, 105

1,838

5,938

7,025

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340 BEPOBT OF COMMISSIONER OF GENERAL LAND OFFICE.

Statement showing looatian and $tatiu of oa»e» acted upon during the gear and pending

June 30, 1890.

?

13

Awaiting final action.

1

1

1

1

II

§

1

i

States and Terri- tories.

1

i

9

1 1

1

1 1

,

1

m §

a

I

* a

a

1

i

Ij

e departmen the coarts.

s

a

1

M

1

1

J

s

i

5

31 2s

1

•a

S

i

II

<

5 1

i 1

Alabama

1

2

2

5

1

27

18

78

22 3

121

Artsona

11

1ft

31

80

30

2

47

20

12

61 4

100

Arkansas

0

8

1

6

61

8

58

14 4

79

California

935

38

39

37

118

15

218

325

1,932 816

180 i 134

2,571 588

Colorado i...

»0

40

97

92

169

5

660

60

1U

78

I*londa

1 8

I 204

2

8

......

4 7

4

3 26

1 1.126

7 62

""46*

18

89

2

31

26 20

'"*4

51

Idaho

125

Iowa

2

Kansas

17

11

44

276

23

144

15

285

Lonisiana

9 11 34

7

6

20

4 27 36

104 12 20

0

4 62

40 3 20

11 12 105

23

5

43

46

11 60

5 3

80

Michigan

33

MinnesoU

5

211

HlMissippi

Missouri 7.

1

15

16

1

......

16

1

5

6

12

4

1

4

60

1

6

67

347

10 ■"82*

4 36 24

2 36 44

■*'*3' 3

16

Montana ....... .\ .

1 17

""29*

75

Nebraska

709

450

1

103

Nevada

1 49

1 34

1 46

11 210

1 100

I

Now Mexico

168

91

3

270

361

42

773

North Dakota

28

10

11

12

173

6

68

29

96

71

10

206

Oregon ...._

GO 61

5 48

12 61

9 26

26 403

""il

67 174

34

80

91 119

73 129

9 28

207

SoQthDakoU

356

Utah

1

4

8

^^

12

5

106

4

2

117

Washinjrton

417

46

60

6

60

2

336

45

460

144

40

680

Wisconsin

11

I

3

2

11

15

3

8

26

WTominit

88

2

3

6

29

2

36

76

74

97

6

253

ToUls

2.884

843

437

638

1,909

8

77

3,491

1,0^6

3,862

1.701

396

7,026

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SPECIAL SBRYICE. 341

t StatemeHt $kowing the localian, area, and present eiaiue of unlawful inolosures of puhlio

lands.

1

1

Received.

Action taken.

States and Terri- tories.

' PendiniE jJnly 1.1889.

!

Sai m

t reoom- ended.

Area.

Fe n

No.

1

Filed.

Facts laid before

nee re- loved.

Area.

No action required.

United

States

attorney.

|No.

1 1 1

1

Area.

No.

1 1

Area.

No.

1 1

No.

a™.

No.

Area.

(a) 320 300

00 820 640

320 320

800

1

(a)

1

640

. .

na «^

1 3

620

3

1,050

2

640

1

300

1

(a)

1

640

1 1

1

1 1 1 1 1 1 1

1,960 1,720

560 1,370 29,360 1,420 2,500 8,600 2,000

7U0

1

1,000

1

2.600

1

1.000

1

700

....

..

Colomlo *

1

i,720 550

•-

1

. . . .

10

60,780

1

1,000

*

5,670

1

1,000

"I"""

1

5.500

1

1 1

5,500 (a)

1

....{

Kansas \

t

2

5.500

....1 ... .

2

5.500

..

. ...

==

1 1

70

1

70

..

1 1 I 1 1 1

600 12.000 500 550 240 6.000

Montana <

1

'

...

"

....

6

19.890

=

....

I--

1

1,120

1

1.120

1 -

f

1 1 1 1 1 , 1

1 1

1 1

600 600 3,900 11,500 1,300 3.800

1

1 1 1

1.000 700 215 (a)

1

600

600

1

1,000

J

3,800

1.300 700 216

Nevada *

....

1 '

« 1 21,700

1 1 1 1 1

1.915

102, 680

300

6,120

330

=

1

600

6 1 6.615 1

1,000

1

ill

1 ...1.........

-■

1 1

1

300

5,120

120

1 1* 102, 580

New Mexico ....<

....

100

120

1.640

1 ...

1 2

700

7

110.190

3

5.540

1 102,580'....

I Ofegnn . .

1

1

1.300

1 1

■■

1— ^^^

1

(a) Signifies aieanot given.

Digitized by VjOOQIC

342 BEPOBT OF COMMISSIONER OF GENERAL LAND OFFICE.

Statement ahowing the looation, area, and present status of unlawful indosures of puhlie

lands Coutinned.

1

1

Action taken.

States and Terri- tories.

Pending July l.l589.

1

Reoeived.

Suit recom- mended.

Filed.

Facts laid before

Fence re- moved.

No action required.

United

States

attorney.

1-

1 1 1

1 1

▲r«a.

No.

Aroa.

No.

Area.

No.

Area.

1 No. Area.

No.

Area.

(«) 8,340 1,120

640

1

1,120

ITUh

1 1 640

...1

4

10,100

1

1,120

1 640

1

1

780 6U0

1

760

Washington n

2

1.380

1

780

1 1

11.300 88,000

::::::::::::

"1 ;

Wyoming <

1 i

2

49.300

.. r.... J... i 1

Grand total . .

39

161. 160

16

115.455

6

8,450

9 13,720

10 109,905

2 1.640

(a) Signifies area not given.

No inclosures of any map:iiita(le have been reported within the last year, except one in New Mexico of 102,580 acres, in which no action was taken ; the party maintaining the inclosure having color of title to the land inclosed, and very few complaints have been received. With the exception of a few inclosures where the title to the land inclosed is in dispute or the question of the validity of the inclosure is being tried in the courts, there are at present no inclosures of the public lands of any considerable area.

TIMBER TRESPASS.

Fifty-five timber agents have been employed during the year for au aggregate length of service of three hundred and fifty one months and fourteen days, equivalent to 29 for one year and 1 for three months and fourteen days.

Three hundred and ten (310) cases have been reported by special agents during the year, involving public timber and the products there- from to the value of $3,067,151.66 recoverable to the government.

The amount accepted under propositions of settlement is $12,692.42 ; the amount paid in during the year on propositions of settlement ac- cepted during previous years is $275.00; the amount received from sales of timber and lumber is $4,552.40, and the amount recovered through legal proceedings so far of record (the United States attorneys' reports for a number of the districts not having been received up to the date of preparing this report) is $83,420.50, making a total amount recovered during the year on account of depredations upon the public timber of $100,940.32, being $25,940.32 in excess of the appropriation for this branch of the public service.

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SPECIAL SERVICE*

343

In addition to the above result of work accomplished by the special timber agents, they have during the year investigated and reported upon a large number of fraudulent land entries.

On the Ist of July, 1890, as far as reported, there were shown to be pending in the United States courts 282 civil suits for the recovery of a total amount of $14,794,286.55 for the value of timber reported to have been unlawfully cut Irom public lands, and 306 criminal prosecutions for the act of cutting or removing timber in \iolation of law.

States and Territoriee in which legal proceedings were pending on the let day of July, 1H90, for timber trespass upon the public lands, number of cases, and amounts involved.

Statea and Terrltoriea.

Number of oiyll suits.

Amount sued for.

Number of

criminal

suits.

Alalwma

2 15 28

0

$15,000.00

74,100.77

2,510,171.40

10,440.00

190

Arkansas

2

California

Idaho

If

Kansas

3

Louisiana

Michigan ,

53

1

50

3

i

5

04

20

24

3

3

282,100.85

4, 000. 00

128,887.60

5^184.00

495, 090. 00

10,043,400.00

274,649.75

72,038.79

228*514.51

14, 120. 00

35,033.88

9

Minnesota

30

Mississippi

23

Montana.. .. ........r ...............^ -r.........r.rr.

11

Nevada

New Mexico

Texas \

XJtah

2

Wisconsin

8

W vomincT -...-

Total

-

14,7»A,280.55

306

Note.— Reports for last half of fiscal year not received ftom United States attorneys for Alaska, Arizona, southern California, Colorado, northern Florida, Indian Territory, western Michigan, Ne- braska, North Dakota) Oregon, South Dakota, Washington, and western Wisconsin.

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344 REPORT OF COMMISSIONER OP GENERAL LAND OFFICE.

Statement showing the aaelgnment of special agents for the proteotion of publie timber,

suits instituted, amounts reooverdble, and amounts accepted

1 11

° o

No.

5

7

1

20

36

14

.!

Charaoter ofloss.

Stotes and Territoriea.

a s

M *

Feet.

284,4^9 6, 665, 30C 2, 000, 000 289. 706 2.268,951 2,086.400 21, 60u 82,168,085

1

No.

1

1

|l

No.

1

a

i

No. 2,500

i\

0 1 1

No.

s

No.

s

I I

No.

Alabama

Cords.

Alaiika

16^200

1

1

AriBona -

1 1 , j

ArkanBAe

160

66 2,494 94.975

5.883

""i.'ooo

60,606 1

6.000,

75,500|

1 82.

California

300

Colorado

600

00,634 :::::: 1

Florida

Idaho

10,925

.::::::. ::..: ;;:::;::r;"':

Indian Ter

Xannaa ' . ..

.- _

Louisiana i. -i

1 ' .'

Michigan

1

37,235,658

27, 407, 639

6,760

1,500

1 1

Minnesota

353

1,353

38,615i 1

Mississippi

1 1

Missouri

:;;:;:::i ::::::::;::::i ""i

20

25. 574, 020

858

2.900

355. 400

Nobraslui

Nevada

1 7

400 1,850

1

:::::::r::::: ::::::

New Mexico

510, 000

1

North Dakota

1 1

Oklahoma ,

6

4 14

3 18 11 30

39,700

1, 609, 063

480,876

300,000

9,506,807

921,807

6,660,063

20

5O0

113

241, 292

640

86,666

Oregon

South Dakota

7,936,000

225

.

36 660

Utah

1

50; 000;. .'.".''. 10,300 .. ..

Washington

4,500 297

Wisconsin

Wyoming

590,450

'

........

;

Total

a 310

166,016,124

7.940,480

369,673

12,101

819, 450

2,900

579, 249

«

Includes all new cases investigated and reported npon by special agents and all old oases reinvestl* gated or acted upor by them.

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SPECIAL SERVICB.

345

number of cases inevstigated or acted upon, amount and value of timber involved therein ^ in compromiee, during the fiscal year ending June 30, 1890.

Eetimat

Recoverable to 1 » the government. g

Legal proceedings.

Propositions of compro- mise ac- cepted.

n V

III

n.

CrimlnaL 1 Civil.

m

Stumpage.

~r

10 307

Amount of fines im- posed.

Number rec- ommended.

Amount in- volved.

il

1

^ Amount of S fudgment P rendered.

g

a

2

il

$58.10

tu

IB

♦321.00 56,101.80

$2, 074. 13 168, 263. 80

1

$3,588.25... 6

$56,1 61 .80

$28.00

2 2

11

6

41

7

1 2,000.00

460.70

6, 506. 70

02 000 00

i

1 1

(to. non on

4, 344. OOI 7 2 29, 693. 97 2

50.00 5 1,703.27

6 9

22,540.00, 5 21,900.97 3 1

t- 1 1

303.63

2,176.90

5,000.00

15.00

165.11 1,015.28

\ 56,951.75 M,'565.'57

511 410.14 A

' 3

15. 178. 24 39,'687.*i4

*'ii6,"i7i*64

?ii

?

.......'.' 1

489.38

0 12

7 7 6

25.00. .

. . 1 1 .

i"

1

2

445.00

13

1 6 2

1,136.83

9

,134 904 53

232, 892. 74

7

5.923.25; 6, 2,387.00 257.00 151 15,078.08 2 341 25 i

2 6

652.67 3,528.29

23

74, 126. 12 4.80

185.176.80| 25 68 57. 60 1 27

2,281.96 100.00

550.97

31

151

6,370.74 . . |- - -- - '

'::::"ii:::::;.:-

3

38, 980. 42

46i,478.i2| 12

110,994.23

12

1

2

«

i 2

2,866.66

6 10

5,200.00

1

5

1.436.00

15, 100. 00

2

7

15,100.00

1

1

1 535. 00

1,896.04

18,059.76

974, 177. 64

27. 650. 00

i6

1 1.058.76 1400,241.37 1 3, 037. 50

I ?i...^

126. OOJ 2 350.00....

8,049.28 29,*619.'44

^ "2

8.509.99

6

474.06

882.38

18 23

1 13

1

1 9, 727. 86

87,365.09 18... 4, 728. 46 ' 7

1 2,129.74

I

6

1, 176. 26 1,750.00

3 "2^

688.77

983.73

7,873.77

84, 622. 25

1

1 1

4, 900. 15

138. 55i 1

\'-'-'----

832,420.483,067,151.66 6125

62i)

cl8,475.49 rf85 359,683.63

68

64, 945. 01

«12. 602. 42

4, 552. 40

/244

b The criminal prosecutions in both Alabama and Missouri were mainly instituted upon information filed by private parties.

eTheamoont of fines imposed and Judgments recovered are taken from the several United States attorneys' reports to this office. Ko reports for the last half of the fiscal year have been received from the United States attorneys for Alaska, Arizona, Southern California, Northern Florida, Indian Territory, Western Michigan, Nebraska, North Dakota, Oregon, South Dakota, Washington, and Western Wisconsin.

d Represents the number of suits specifically recommended by this office, and the amount sued for.

6 Five thousand three hundred and twenty -eight dollars and ninety cents of this nraount was for com- promises under section 3460, United States Revised Statutes. Reports have not as yet been re- ceived of all sums paid to receivers of public moneys.

/Includes all reports and communications of every description on h.'tnd July 1, 1800, upon which no action whatever had been taken.

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346 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE. RULINGS, RECOMMENDATIONS, ETC.

The following ruliugn, recommendations, etc., in regard to timber depredations are referred to as being of especial interest :

(t) THE TAKING OF C1.A.Y, KTC, FROM MOMBvSTBAD CLAIMS FOR THE MAKING OF BRICKS TO BR USED FOR BUILDING PURPOSES IN OKLAHOMA CITY, I. T.

I To Mr. O. H. Violet, Oklahoma city, I. T., July 18, 1889.]

I have before me yoars of May Hth last, asking whether earth for bricks and fael with which to burn same can be taken from homstead claims in the Territorjr when the bricks are to be used for buildings in Oklahoma city.

With reference to this matter I inclose copy of department circular of December 15, 1885, paragraph I of which provides that homestead and pre-emption claimants are permitted to cut and remove from the land which they are clearing for cultiva- tion enough timber for that purpose, or for buildings, fences, and other improve- ments on the land entered.

This would prohibit the use of timber for fuel to burn brick for sale unless the claimant intended to use the land from which the timber is taken for purposes of agriculture, in which case he could bum the wood to make bricks*.

While there is no law permitting waste of material procured from pnblic lands, yet, under the peculiar circumstances in which the citizens of Oklahoma are placed, this office will interpose no objection to the use on homestead claims of a reasonable amount of material (clay and fuel) in order to answer the necessities of the settler and to supply others with bricks, pt'ovidedf no considerable portion of the laud in- cluded in the homestead is 1 hereby rendered useless for agricultural purpoi^es, and the timber used for burning the brick is obtained from land cleared for cultivation.

The question of the good faith of the claimant is, however, to be kept constantly in view ; and no one not an actual bona fide settler under the settlement laws will be allowed to take material from the public lauds for speculation and sale.

(2) TIMBER CUTTING OX CASH ENTRIES MADE ON UNIVERSITY SELECTIONS IN MINNE- SOTA WHICH HAVE BERN RELINQUISHED AND CANCELED.

[To Special Timber Agent A. P. Naff, Augaat 19, 1889.1

I am in receipt of yours dated 24th ultimo replying to official letter June27, 1881), and inclosing copy of letter to the local officers at Dnluth from the Commissioner, May 20, 1882, canceling certain selections of lands therein described, which lands, selected by the State of Minnesota, December 12, 1872, were relinquished by the Governor of the State November 26, 1881.

With reference to the Commissioner's letter of May 20, 1882, you state that the local officers understood that the lands mentioned therein were thereby *' thrown back upon the market as subject to private ooAh entry " and you ask if such is the correct inter- pretation of the said letter.

In letter of June 27 last, referred to, you were informed that of the lands in town- ships 54, 55, and 56, ranges 22 and 23, embraced in these selected lands, only a j>orfton was embraced in the list transmitted to the local officers and offered for sale. The selection of the particular subdivisions referred to by Mr. Jewett, who gave the infor- mation of timber depredations thereon, were canceled by this office May 20, 1882, and thereby restored to market under the settlement lawsj but the said lands have not been offered at public sale since their cancellation, and consequently were not auhjeci to cash entry. Cash entries of the said lands were therefore illegal and timber cutting thereon is without authority of law.

(3) RELATIVE TO TAKING TIMBER FROM LAND COVERED BY HOMESTEAD ENTRIES AND HAVING IT SAWED ON SHARES.

[To Mr. W. B. McSavln, Thornfleld, Mo , August 19, 1889. J

All cutting of timber on lands covered b.v unperfected homestead entries must be subordinate to the cultivation of the land or improvement of the claim ; and conse- quently, in every case the cultivation of the soil and improvements placed on the land must keep even pace with the cutting and removal of the timber.

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SPFX'IAL SEBVICE. 347

The timber, which it is neeeasary to remove in preparing the land for cultivation, and which may not be required for buildings, fences, or other improvements on the land may be disposed of by the entryman in any manner which be deems advanta- geous to himself, on the principle that the same would otherwise suffer useless waste.

But it is not allowable for him to go beyond the use of such '* surplus" timber and cut indiscriminately over the land for the purpose of selling the same, even though the proceeds therefrom should be applied 1o perfecting improvements on the land.

Which principle is equally applicable in respect to indiscriminate cutting for the purpose of exchanging timber for lumber ^since the delivery of a portion of the tim- ber to a saw-mill in payment for labor bestowed in converting the remaining portion into lumber, would be virtually tne same as selling the timber for cash and nning the proceeds to purchase lumber.

(4) SUGGESTING AN APPEAL IN THE CASE OF M. N. EDWARDS, COLORADO (ACT OF JUNE 3, 1878, 20 STATS., 88). JUDGE HALLETT.

[To Special Timber Agent B. M. Prentiss, Augnst 21, 1880.]

I am in receipt of your letter of the 12th of June last, inclosing the decision rendered by Judge Hallett in the case of the United States va. M. N. Edwards, which action was brought to recover the value of certain timber alleged to have been unlawfully taken from public lands in Colorado, under the act of June 3, 1878 (40 Stats., &H).

In this decision Judge Hallett, while admitting 'Hbat the character of tht^ land, whether mineral or agricultural, is always, when contested, a matter of fact to be de- cided on evidence rather than upon the classification in the land office,'* yet adds that this matter of the character of the land '* is not altogether a question of finding valua- ble ore or metal in the ground from which timber is taken."

The act in clear and unequivocal terms confines the taking of timber thereunder to lands ** not subject to entry under existing laws of the United States, except for mineral entry." The privileges are accordingly thereby confined to such lands as are subject to mineral entry.

In respect to determining what lands are subject to mineral entry, attention is di- rected to the fact that both the rulings and practice of this office allow only such lands to be entered as mineral as are shown to have actual mineral deposits within the exterior Hnfsof the claims. Hence, while it is plain that the mere classification of lands as mineral, can by no means entitle them to be treated as mineral lands, and privilege parties to take timber therefrom under this act, it appears equally clear that the matter of the character of the lands a question of finding valuable ore or metal in the immediate vicinity of the ground from which the timber is'taken.

It appears accordingly that the opinion rendered by Judge Hallett on this point is not in accord with the established practice of this of^ce in the matter of determining what lands are subject to mineral entry. In so holding, Judge Hallett has also taken a view counter to the decision rendered on the same point by Judge Bach in the case of the United States vs, Milo J. Legg, et aZ., Miles City, Mont., district court, April term, 1887, (citation numbered 4 on p. 471) of the Land Office Report for 1887.) It is held in said decision that the authority granted by said act to cut timber applies exclusively to lands which are mineral in character and subject to mineral entr^ only. The parties who cut or remove timber must prove by a preponderance* of evidence that the lands from which same were cut are more valuable for mineral than for any other purpose.

While holding as above cited, Jndge Hallett further deduces under that construc- tion, as follows : '' Furthermore, the grant is of timber on lands subject to mineral entry, and not subject to entry as agricultural lands, which means such as may be taken for mining purposes, as distinguished from such SLshave been taken in that way."

Particular attention is drawn to the words which I have underlined above since the drift of same appears to be to define the discrimination made in the act in the matter of lands, as being between mineral lands which have not been entered and mineral lands which have been entered.

Whereas, the discrimination appears clearly to be intended to distinguish between lauds subject to mineral entry only and those subject to entry under other existing laws of the United States.

Which is the meaning heretofore ascribed to the wording of the act both in the courts and in departmental rules and regulations defined thereunder bv virtue of legislative antboritv, and which, consequently, have an inherent force of law.

Since, from the above, it seems thatJudgeHallett, has apparently deduced from the wording of the act on this point an inference altogether original, and differing widely from the construction placed thereon heretofore ; and that in so doing, he has

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348 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

gone directly ooanter to the views expressed by the coart in Montana, yon are di- rected to call to the attention of the proper United States Attorney the decision of Judge Bach, by laying before him this letter and suggest to him theadvisabilty of talking the Edwards case up to the higher court. * (gee below, office raling No. 10.)

(5) PROCBEDINQS TO ENJOIN PARTIK8 FROM CUTTING TIMBER FOR 6PBCULATIVB PUR- POSE9 FROM LANDS COVERED BY CASH ENTRIES WITHIN THE LIMITS OF THE FOR- FEITED GRANT TO THE MARQUETTE, HOUGHTON AND ONTONAGON RAILROAD.

' [To the SeoreUry Nov. 2, 1880, in the oase of Tboniafl Nestor, Hiohiji^aii.]

From these papers it appears that Thomas Nestor, aforesaid, is cutting and removing large quantities of timber from lands within the grant to tbn Marquet'e, Hougton and Ontonagon Railroad, forfeited^by act of March 2, 1889, and that the said lands are now also claimed under the homestead law by Mr. Crawford and othern, who, as stated by Agent Wordeu, have located on the said lauds evidently in good faith, and have im- proved Fame with the intention of making peimauent homes thereon.

It further appears that a number of these claimants have applied at the Marquette land office to make entry of the said lands, but the entries were rejected by the local officers, and the parties have appealed from this action to this office, where the cases are now pending.

Agent Wordeu reports that Thouuis Nestor qlaims title to the timber under con- sideration by purchase from the Michigan Land and IrouCompauy, purchasers of the laud from the railroad company.

The act of March 2, lft?9, provides that where the original cash purchasers are the present owners, their title under such purchasers shall be confirmed only so far as the Secretary of the Interior shall be satistied that they have been purchased without fraud, and in the belief that they were thereby obtaining valid title from the United Stateb.

Also, provided that such cash entries or sales or any tract in such State selections are not confirmed, upon which there were bona fide pre-emption or homestead claims on the 1st day of May, 1888, arising or asserted by actual occupation of the land under color of the laws of the United States.

I am of the opinion that until the titles to the cash entries within the limits of this forfeited railroad grant have been passed upon by the proper officers and confirmed in accordance with the provisions and restrictions of the act of Congress declaring the forfeiture, and the Secretary of the Interior is *' satisfied'' that such pnrchase was '' without fraud," etc., all persons should be eivjoined from cutting the timber solely for Hpeculative purposes from such lands as are known to be in controversy between cash entrymen and actual settlers under the homestead or pre-emption laws.

I, therefore, respectfully recommend that the accompanying papers be referred to the honorable Attorney-General with the request that he, without delay, cause proper action to be taken to prevent the further wholesale destruction of timber by Thomas Nestor and all other parties on these lands pending the decision of this Office as to the rights and titles therein involved.

(6) C8B BY BONA FIDE SETTLERS IN OKLAHOMA OF TIMBER ON TBRIR CLAIMS. [To Special Agent J. C. Yatr.y, December 10, 1889.]

I transmit copy of letter from Mr. J. L. Mitch, of Edmund, Ind. T., who wishes permission to purchase fence-posts from a neighbor who has timber on his claim while he (Mitch) has none, and it appears that the neighbor refuses to supply the fence- posts for fear of violating the law.

Yon will confer with Mr. Mitch and ascertain the name of the '* neighbor " referred to. and you will endeavor to find out the facts iu this matter.

If, upon personal examination, you ascertain that the *' neighbor" is on his claim with every indication of good faith, and wishes to sell the fence-posts to supply the absolute necessities of other settlers in his vicinity and not merely as merchandise at speculative prices, you will advise him that, while Department circular of December 15, 1885, restricts the sale of timber cut from homesteader pre-emption claims to the 9vrplu$ cut in clearing for cultivation and remaining overand above that needed for necessary improvements on the land entered, yet, in view of the pecnliar necoMsities and conditions of the settlers of the Oklahoma district, this Office will not interfere with the disposal by him of small lots of timber cut from his claim for the iudividual use of bona fida settlers who have not on their lands the timber necessary to the improve-

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SPECIAL SERVICE. 349

roeot thereof. All parties tosoch traoeaotions mast, however, hold themselves ready to prove that it was an ahsolute oeceBsity on the part of the parchaser, and that the timber was not cat and removed indiaoriminately and aolelif for pecnntary gain.

(7) USE OF TIMBER ON LAND COVERED BY AN UNPERFECTED HOMESTEAD ENTRY

FOR THE PURPOSE OF BUILDING A SCHOOL- HOUSE.

[To Mr. Evan Qriffith?, Vera Craz, Mo., December 19, 1889.1

I am in receipt of y oar letter of the 2d instant iuqairing whether homesteaders have the right to oat timber on their entries for the purpose of erecting a 8chool-hou.se.

In reply yon are advised that the right granted a settler in section rtiSS of the Re- vised Statutes to alienate for school purposes a portion of the land covered by bin un- perfected homestead entry would seem to extend to the standing timber thereon, in- asmnch as the same, in virtue of being attached to the land, constitutes a part of the

realty.

« «

(8) QUARRYING STONE ON A HOMESTEAD CLAIM FOR SPECULATION, AND HOW TO

ACQUIRE TITLE TO LAND HAVING A GRANITE QUARRY THEREON.

[To Special Timber Agent Joseph Denlaon, December 21, 1889.]

Your letter of the 13th ultimo is received, in which yon ask in substance if com- plaint of trespass would lie against a settler who, finding a granite quarry on his claim, should, prior to receiving full title from the Government to his claim, quarry and dispose of the stone for speculative purposes, or lease snob privilege to other parties, the removal of the stone not being necessary to the cultivatiou of the land. And also asking if there is any law under which one can acquire title to stone quar- ries of non-mineral character* located on agricultural public land, surveyed or unsur- veyed, either in Washington or Idaho Territory.

in reply, you are advised that no stone, earth, or other material constituting any part of the' realty in a settler's claim can be removed or disposed of, except for the ocltial necessity of immediiitety cultivating or improving said claim, until title thereto has passed from the Qovemmeut.

Any person who removes or disposes of, or causes to be removed or disposed of, any stone or earth constituting the substance on a settler's claim for the sole purpose of sale or speculation, or without being solely induced thereto by the actual purpose of immediate cultivation or improvement of the land, renders himself liable to prosecu- tion for waste or trespass.

In reply to your inquiry above noted respecting the manner of " acquiring title to stone-quarries situated on agricultural land.'' you are advised thatif the land be more valuable for the granite or stone oaarry than for it« agricultural character, it can not be classed as ''agricultural laud.'^ Such land, if surveyed and situated in the State of Washington, may be acquired under the timber an4 stone act of Juno 3, 1878. Lands containing a valuable granite quarry are mineral. Section 2319, United States Revised Statutes, declares all valuable mineral deposits in lands belongiug to the United States and the lunds in which such dep sits are found, both surveyed and uBsurveyed, to be free and open to exploration, occupation, and purchase by citizens of the United States and those who have declared their intention to become such.

Locators of mining claims so long as they comply with the law governing their possession have the exclusive right of possession and enjoyment of all the surface, included within the lines of their location ; and they may therefore work the granite quarry and dispose of its products.

(9) CUTTING RAILROAD CONSTRUCTION TIMBER ON SQUATTER'S CLAIM LOCATED ON

UN8URVEYED LAND.

rTo Special Timber Agent W. J. Pemberton, Januarj' 25, 1890. J

»•••«»

If the squatter upon unsur veyed public lands is there at the time of the filing of the railroad company's map of definite location of their road through or adjacent to the squatter's claim, taken in perfectly good faith under the pre-emption or home- stead law for the actual purpose of making himself a permanent home thereon, and acquiring and perfecting title to the land so soon as he can after survey thereof, such settler has a possessory claim that gives him a superior right; and he is entitled to such reasonable damages for right of way, or for any timber cut on hJH

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350 REPORT OF COMMISSIONER OF OENEBAL LAND OFFICE.

claim, %to., as may be determined upon by aj^reement, or in the courts. The govern- meut, however, i9 not bound to protect him from trespass. * * Section 3 of the general right of way act of March 3, 1875, states that private lands and po$»$88orif claims may be condemned in such manner as is provided by ''the legislature of the proper Territory." Therefore, the settler sutfering from trespass by the railway company may obtain redress from the local courts. Under section 3*249 of Miscel- laneous Laws of Oregon, railway corporations may appropriate land, not exceeding 60 feet in width, for the Hue of their road, ** materiaU for construction timber excepted.^* The only timber specified as allowable to be cut is ** any standine timber in danger of falling upon its road, making compensation therefor as provided in this act for lands taken for the use of the corporation."

* » * - - "

(10) IK PROSECUTIONS CNDER THE ACT OF JUNE 3, 1878 (20 STAT., 8S), THE BUR- DEN OF PROOF LIES WITH THE DEFENDANT TO SHOW THAT THE LANDS ARE SUB- JECT TO MINERAL ENTRY AND THAT THE TIMBER WAS TAKEN FOR THE PURPOSES ALLOWED.

[To the United StAtee attorney for Colorado, January 27, 1990.]

Upon this point (the character of the lands) I inclose copy of a decision rendered by Judge Bach in the case of the United States vs, Milo J. Legg et al., Miles city, Mont., district court, April term, 1887, in which it is held as follows:

'^ Mineral lands are those which are chiefly valuable for the mineral (except coal) which they contain and which are lyore valuable for the minerals therein contained than they are as agricultural lands or for the timber growing thereon. Mineral lands are not subject to entry under the general land laws of the United States, but can only be located and ent-ered as mines and mining claims under the act of May 12, 187-^."

«

^'In this case the burden of proving the character of the land from which this timber was cut or taken by Ihe defendants rests upon the defendants, and unless the defendants have proven by a preponderance of the evidence on that p->int that the laud from which this timber was cut and taken is mineral land and subject entry only as mineral lands, then they can not jnstify their entry on said land and the cut- ting and carrying away of naid timber.

^' The authority granted by the act of June 3, 1H78, to cnt timber applies exclusively to lands which are strictly mineral in character and subject lo mineral entry only. The defendants must prove by a preponderance of evidence that such lands are more valuable for the mineral than for aoy other purpose and that they are not suitable for agricultural purposes or cnltivatiou or valuable solely for the timber therein.''

And again, in the case of the United States vs. O. A. Dod^e et al,, in the district court, first judicial district, Nez Perces County, Idaho Territory, the charge to the jury, filed December 30, 1886, reads as follows upon this point:

<' The defendants claim that the timber in question was cnt from mineral lands for domestic and other lawful purposes, I instruct you that in actions of this kind when a person is proven to have cut timber from the public domain the law holds him lia- ble for the value of such timber unless he shows in defense that he cut the same under such circumstances as authorized him to do so under the laws of the United States. In this case the defendant olaima that the land is mineral lands.

** By mineral lands is meant such land as is morevalnable for mining than for agri- cultural purposes and the burden of proving its mineral character devolves apon the defendant. So also is the burden on the defendant of proving that he ont the same for domestic or other lawful purpose."

In accordance with the above cited opinions, the burden of proving in cases sach as these the character of the land f^om which timber is taken under the privileges extended by the act of June 3, 1878 (^ Stat.. 88), rests npon the defendants. And in like manner the burden of proving that a lawful use under the provisions of said act has been made of the timber is npon the defendants.

It follows, accordingly, that the plaintiff has but to show that the specific amount of timber or lumber in question was taken and used at the dates claimed by the de- fendants. With these facts established, the responsibility of justifying both the taking and using of the timber, is upon the defendants.

The act being one conferring benefits with certain stipulated provisos, all who avail themselves of the privileges extended must stand prepared to show that their acts are within the prescribed terms of the act granting such privileges.

In respect to determining what lands are subject to mineral entry, I wonld also direct attention to the fact that both the rulings and practice of this office alio w only such lauds t<o be entered as mineral as are shown to have actual mineral deposits within the exterior lines of the claims. * * (See above, office ruling No. 4.)

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ANNUAL REPORTS

OF THE

UNITED STATES SURVEYORS-GENERAL

KOK THK

FISCAL YEAR ENDING JUNE 30, 1890.

351

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REPORT OF THE SITRVETOR-OEHERAL OF ARIZONA.

United Statks Surveyor-General's Office,

lueson, Ariz.f July 19, 1690.

Complying with yonr circular letter dated April 23, 1890, I have the honor to hand you my anntial report for the fiscal year ending June 30, 1890.

Oat of the apportionment of $5,000 for the surveying service in Arizona, contracts to the extent of |l,000 only were let.

This limited amount of surveying arose from the restrictions in the matter of sur- veys. The Land Office instructions of July 26, 1889, advised me that *^ by the terms of the appropriation act^ the 8urveys*mus( be confined to iands adapted to agricult- ure and lines of reservation."

This clause, as applied to this arid belt, as I understand it, practically limits surveys to lands that can be artificially irrigated, or grows some agricultural product without irrigation, and lands here are not usually Adapted to agriculture, except where so situated as to be artificially irrigated. The great bulk of the land locations, however, is located where the possibilitv of irrigation is exceedingly remote, and in many oases only exists in the possibility of artesian water. Still this land serves the pur- poses of homes, and wherever located ought to entitle the settlers to the same privi- leges of surveys as are accorded those who have been more fortunate in IJieir selec- tions.

It is a very common thing for homes to be established in Arizona on the plateaus adjacent to mountain ranges, where a spring of water can be obrained for household and other domestic purposes, which location may be convenient to some business in - which the occupant is aotively employed, such as mining, etc.

These locations make very suitable and convenient homes, though the soil can not be termed as agricultural, inasmuch as in many instances it is not even valuable for ^ass ; still that it is desirable as a home on account of some property interests of value m its neighborhood which settles it up, ought to entitle occupants of such lauds to the benefit of surveys.

The instructions as applied to Arizona ought to be very liberal, and left largely to the discretion of the surveyor-genenol, whose knowledge of the peculiar characteris- tics of the country will enablehim to place the surveys where the largest number of persons will be benefited. The public interests are not subserved by depriving the surveyor-general of discretion in the placing of these surveys, as of necessity a sur- veyor-general must be acquainted with the wants of the people.

THE DEPOSIT SYSTEM FOR SURVEYS.

During my first term of office, on May 19, 1886, I received a letter from Commis- sioner Sparks containing the following instructions: *' You are directed to execute no more contracts with any deputv surveyors, payable from special deposits." *

This broad inbtrnction made the deposit system absolutely inoperative so far as surveys went, though the law it«ell was in full force on the statute books, neverhav- ing been repealed.

The deposit system, honestly administered, is of great utility in a country like Arizona, and is well calculated to aid the settler. For instance, dniiiigihe outbreak of the Apaches in 1885, some settlers on unsurveyed land were directly in the route traveled by the hostiles in passing to and from the Sierra Madra mountains in Mexico. By remaining on their locations, their lives were in constant danger from the Indians, but, on account of the land being unsurveyed and having no titles to their homes, they determined to remai^on their claims until a survey could be made, and they could take the legal steps nectary to secure their rights ; otherwise their absence might jeopardize their property. The^ applied to me in the most urgent manner to hasten a survey, so they might be relieved from the dangerous position, and when they learned that no funds were available to make the survey (Commis- sioner Sparks having also suspended all work under the general appropriation for

9406 L O 23 353

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354 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

surveys), they at once offered to pay for the survey uuder the deposit system ; and though the details of the case were plainly set forth to Commissioner Sparks, he re- fused to allow the settlers to pay for the survey or make one for them, and they were left to abandon their homes without titles, or remain at the peril of their lives. In cases like this and in the general run of cases in Arizona, the system of surveys provided for in section 2401, Revised Statutes, is highly desirable, and is of the great- est possible advantage where there is but a very small amount of desirable land in a township, and only two or three settlers, as they can get a survey and acquire title to their homes, as well as the persons located on more desirable townships where set- tlement is thick.

PRIVATE LAND GRANTS.

This branch of my work has received much of my attention. In October I re- ported the Feral t a claim, for almost 5,000,000 acres of land, as a forgery and fraud through and through, and recommended the prosecution of the fabricators of the fraud.

The Commissioner ordered the claim stricken &om the docket, which order was complied with. There are several private laud-grant clalma pending in this office and undisposed of, and some before the Secretary of the Interior, on appeal, on questions preliminary to their final investigation and report.

THE WESTERN BOUNDARY OF THE WHITE MOUNTAIN INDIAN RESERVATION.

The survey of the above line is of vast importance, inasmuch as it will determine the locus of very valuable mines, passine as it does through one of the richest min- eral belts in the country. A direct north and south line would make a more desirable boundary than the present line, and could cut off valuable mines without doing the slightest injury to the Indians.

In connection with this I desire to most earnestly renew my recommendation that a straight east and west line be established for the south boundary, by executive order, so run out as to out off the coal fields, which are reported to oe from 2 to 6 miles on the reservation.

If upon development these fields were found to be extensive and the coal of a good quality, it would be the incentive for developing the resources of this Territory more tnan anything that could be done. Cheap fuel is what is particularly needed in a mining country, and Colorado owes much of its prosperity to this fact. A straight east and west line, well defined with stone monuments, would be a more comprehen- sive boundary for the Indians, and the land cut off is valueless to them, except for the collection of mescal, from which they make liquor.

THE DESIRABILITY OF ARTESIAN WELLS.

The development and settlement of the government land in Arizona depends largely on artesian water, and the best interests of the government will be sub- served by encouraging the sinking of artesian wells.

THE DESERT-LAND ACT.

No legislation appertaining to lands that has yet occurred is productive of the same beneficial results in Arizona as the '* desert-land act."

To this act can be attributed the desirable results thus far achieved in the Terri- tory, and the vast tracts of barren wastes that have been made to bloom speaks a volume for its beneficent effects. The continuance of this same system for the redemp- tion of desert land will develop Arizona much more satisfactorily than the most pro- nounced results that can possibly be hoped for under the government water-storaze system, recently agitated in Congress. To no other part of the United States is the desert act so peculiarly adapted as to New Mexico and Arizona.

TOPOGRAPHICAL SURVEYS.

All topographical surveys conducted in Arizona, either for the special purpose of artificial irrigation, or for general informa4;;on, could be much more economioally con- ducted through the office of the surveyor-general than through any system created by special legislation.

This machinery of government is already established and must be maintained, and to add jurisdictiou over other surveys is simply to enlarge the volume of work, and not to increase the expense to such an extent as would be the case in an entire inno- vation.

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ARIZONA.

355'

Besides this, it may be verv properly contended that the snrveyor-general is more intimately acqaainted with the territory within his jnrisdiotion than a stranger conld possibly be, and could accomplish desirable ends in the field with far less expense than wonld be the case with a ^arty nnacqaainted with the Territory. I have the honor to remain;

Rafael A. Johnson, U, S, Surveyor-General for Arizona. Commissioner of the General Land Office,

Waahingtonf D. C.

Work done during fteoal year on old oontraots.

No.

Deputy.

Date.

Amount.

10

W.0.8eoor

June 8.1680 June 18. 1880

$243.11

11

A.T.Coltoii

422.60

There were 7 township and 4 exterior plats made. There were 160 miles 64 chains and 55 links sarveyed.

In the mineral diyision 40 claims were surveyed, 38 snryeys approved, 2 surveys are still pending, and 152 plate were made. Amount of deposits auring fiscal year, $1,560.

Amount appropriated to Arizona for the fiscal year ending June 30, 1890| |5, 000. List of contracts under same :

No.

Depaty.

Date.

Amount.

1(1

William IL Breakenrldse

Jane S, 1880 June 30, 1880

$500

15

iT^mf^w A.Tiir#rtini«a ,

000

Total

1.100

Amount appropriated bysot of Congress, dated March 2, 1889, for the survey of the western boundary of the White Mountain Indian Reservation, (5, 000. Contract under same :

No.

Deputy.

Date.

Amount.

lit

John C.Smith

Mayie,i880.

$3,000

There were no townships surveyed and no miles run.

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BEPORT OF THE SITBVETOR OEHEBAL OF CALIFORHIA.

Unitkd States Survkyor-Gkneral's Office,

San Francisco, July 26, 18d0. Id compliance with circular letter E of April 23, 1890, 1 have the honor to submit, in duplicate, the following annual report of the surveying operations in this district for the fiscal year ending June 30, 1890, with tabular statements as follows:

A. Statement of contracts entered into with deputy surveyors for surveys of public and private land claims during the fiscal year ending June 30, 1890, and payable from the appropriation for the surveys of public lands for that year.

B. Statement of contracts entered into with deputy surveyors for surveys of public and private lands during the fiscal year ending June 30, li^O, and payable from spe- cial deposits.

C. Stat4'ment of special deposits made by the Central Pacific Railroad Company and its branches for the fiscal year ending June 30, 1>^.

D. Statement showing amount of appropriation for salaries, contingent expenses, special deposits, and private land claims, for the oompeusation of clerks and draughts- men for the fiscal year ending June 30, 1890.

SURVEYS OF PUBLIC LANDS.

Much trouble regarding the completion of the surveys of the public lands in this State arises from tne fact of very large fraudulent surveys in former years, which has caused the suspension of large tracts of government lands, embraced within one hundred and sixty-three different townships, and the great number of settlers located thereon anxious to perfect title to their homes, are thereby prevented from so doing. Under the present instructions from the Commissioner no surveys can be made of lands adjoining the suspended townships, and settlers upon those townships are thus placed in the same dilemma as those within the suspended townships. I can but call the attontion of the department and the Commissioner to this condition of things, and to urgently recommend that the suits now pending against the parties making the alleged fraudulent surveys be vigorously pressed, or otherwise disposed of, in order that the townships suspended may, by re-surveys, be restored to the action of the laws governing the disposal of public lands. The current surveys made during the year have been generally of fragmentary townships, carrying but a small liability^ and much difficulty has been experienced in securing reliable surveyors to periorm the work. While the minimum rate allowed by law for surveys is for such cases t'OO small, the discretion of the Commissioner, allowing higher rates, generally favorably exercised, has enabled one difficulty to be overcome. There is, however, still an- other, which has operated ver^' much to the detriment of speedy surveys when re- quired. In many cases almost as much work is required of the surveyor to establish the initial point as to complete the entire survey. For this work (indispensably necessary to an honest and correct survey), no compensation is allowed, and I re- spectfully submit, as it is the desire of the department, and is also right and just to tne settlers that just aiid thorough surveys should be made, that in all cases where this work is done the department should allow proper compensation theri'for.

Another difficulty arises from the fact that great delay exists in the examination of the surveys att^jr being completed, necessary before payment can be made therefor. Some more speedy way of passing upon the surveys after completion should bo adopted. I do not think the present method of awaiting nction by special agents is conducive to the best interests of the govemmeat, but has a tendency to prevent the securing of first-class deputies to perform the work. In my judgment the examination of surveys in the field should be made under the direction and responsibility of the surveyor-general, who should be held to a strict accounting for the faithful and honest exercise of that prerogative given him by the law. If heavy bonds and a reputation to maintain can not secure honest and intolligent service regarding the surveys of the public lands, it does not spem to me that it can be secured by reiving upon those whose direct interest is to magnify their duties and discoveries witnont bonde<i responsibility and local reputation to maintain. 356

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CALIFORNIA. * 357

Another suggeaTion occurs to me as being eminently proper in this connection. If the present system of examination of the work in the neld by special ap^ents is to be maintained, peremptory instrnctions should be issued requiring immediate attention to the examination of tne survevs desired, and that their reports should be made at once to the surveyor-general, who should then require the completion or correction of the work that may be found defective in accordance with the terms of the con- tract, the object being to have the work accomplished rather than the suspension of the land from the operation of the land laws.

During the year there have been eighty-nine applications for the survey of public lands: the contracts made will be found in the tabular statements.

The aggregate number of miles surveyed is 621 miles 11 chains and 70 links, as follows :

Meridian and standard lines.

Township lines

Section and connecting lines. , Grant and meander lines

Miles.

11

84

409

115

Chains.

9 41 48 72

Embracing twenty-nine townships and parts of townships.

DRAUGHTING DEPARTMBNT.

The total number of maps made was 1,327, classified as follows: 146 pertaining to the surveys of public lands, including 15 for the local land office at Los Angeles, the originals of which were maide and approved previous to the year 1860 ; 12 pertaining to the surveys of private grants and United States reservations ; 794 to mineral land surveys ; 132 copies and reductions of maps for the use of special agents : 68 diagrams for the use of deputy surveyors, and 125 maps and sketches of a miscellaneous ohar- aot'er, including 2 maps showing the condition of the public-land surveys connecting with the boundary line between California and Nevada.

The field notes of 107 mineral-land surveys and those of 30 subdi visional surveys of townships were examined and the maps platted, 21 of the last named having been finally approved and the triplicates filed iu the local land offices.

The draughting division also prepared the written special instrnctions to the dep- uty surveyors for all the surveys executed and in progress of execution, besides keep- ing up a continuous correspondence with those of the deputies comparatively inexpe- rienced in their profession, who, being unprovided with the manual of surveying in- structions, were constantly in need of advice in contending with unforeseen diffloulties in completing their work in conformity with official requirements.

Five draugntsmen, including the principal, have been employed during the entire fiscal year, and their time was fully occupied with the above-described work, and also the care of the maps, many of which are daily sent to the lower floor for inspection ; much time has also been expended in the preparation of a list of nnsurveyed public lands lyiuff within the limits of the Southern Pacific Railroad reservation.

At this date there are in this office for examination and platting the field notes of eighteen mineral land surveys and those of tract No. 2 (nearly completed) of the city lands of Monterey. The field notes of twelve mineral-land surveys and those of seven townships were returned for correction to the respebtive deputies. They are expected back in a short time.

The work in prospect for the coming fiscal year, in addition to the current duties of this division, some of which are before enumerated, will be of a very complicated na- ture, notably that involved in the survey of T. 14 N, R 15 W., M. D. M., and the exam- ination and maps of the subdivisions of the Hoopa Valley Indian Reservation. Judging firom past experiences and the present outlook, I am of the decided opinion that, the present force being folly occupied and prospectively will be, any reduction of the same would seriously cripple the work necessary to be completed.

This office now being provided with copies of the Manual of Surveying Instruotious of January 1 last, it is to be hoped that much of the labor consequent upon an absence of any manuals for the use of deputies in former years may now be lessened.

MINBRAL SURVKYS.

There have been received 123 applications for mineral surveys and 15 applications for reports upon placer mines, under circnlar of September 23, 1882. Instrnctions were issued to mineral deputies for the survey of 121 mining claims and for 11 exam- inations and reports on placer mines.

The terms of all the late mineral deputies having expired with the term of my pred- ecessor, R. P. Hammond, jr., on the 3tst of March last, there have been appointed

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358 REPORT OF COMMISSlbNKR OF GENERAL LAND OFFICE.

sinoe tbat time twenty-nine deputy mineral snrveyoTs^ whose bonds have been ap- proved, a list of whom is hereto annexed:

County.

Edward C. Uren Placer.

AdolphusC. Coalter... Calaveras.

James M. Gleaves Shasta.

John R. Tread well Alame<la.

William Bnrton El Dorado.

Charles £. Uren Nevada.

Henry L. Lowden Trinity.

Thomas M. Parsons San Bernardino.

Robert B. Symington . . . San Francisco.

AngnstQS T. Smith Ilnmboldt.

Wirt R. Macmurdo Kern.

William S. Graham Placer.

Frederick W'. Bradley.. Nevada.

Albert Lascy Calaveras.

James B. Meredith Placer.

Coanty.

Lemuel D. Davis Sierra.

Samuel E. Brackins Shasta.

William Schuld Plumas.

Alfred R. Street Los Angeles.

James M. Davidson Siskiyou.

William F. Englebright. ... Nevada.

Russell L. Dunn Placer.

Smith P. McKnight Inyo.

Carrol McTarnahan Tuolumne.

Arthur W. Keddie Plumas.

Arthur D. Gassaway Sierra.

James M Anderson El Dorado.

John G. McMillan Santa Clara.

Ora M. Enslow Butte.

There are also six appointed , whose bonds are now awaiting the action of the de- partment, and there are fourteen applications for appointment now nnder considera- tion.

There has been received from deposits for office work on mining claims the sum of $4,690. There was also deposited for the survey of public lands the sum of |200, but nothing for office work.

OFFICE WORK.

The clerical force of the office, since my assuming charge of the duties thereof on April I, has been kept very busy. During the year there were received 4,288 letters and documents, and there were sent from this office 3,690. A record containing a memorandum of the contents of all letters received, properly indexed, so tbat refer- ence is easily had to any matt«r relating to the same, is also kept in the offioe.

The copying of field not«s for the use of special agents and for the instruction and guidance of deputies in the field is quite voluminous, and the duties connected with the completion of the mineral surveys and the swamp-land cases and private grants require much labor- of a careful and intelligent nature. The force now employed is none too ^reat for the transaction of the volume of business passing through the offioe, and is very satisfactory as regards those performing the work, u, is to be hoped that it will not be necessary to decrease the number of persons now employed, and that some way may be found by which it can be maintained, notwith- standing the fact that the appropriation is much smaller than was recommended by this office.

SWAMP AND OVRRFLOWKD LANDS.

Since June 30, 1889, seven cases have been examined, and the papers transmitted- Ibi the consideration of the Commissioner of the General Land Office.

There remain forty cases of land claimed by the State of California under the swamp- land grant of September 28, 1850, which are pending investigation by this office as to the character of the laud. There is also a large amount of land held suspended firom entrv, owing to the fact that the State is not required to give the names of the

Sarties who have filed upon it for purpose of obtaining it through the State. The tate is not careful enough in the designation of its representative, and this office, in consequence, finds it difficult to reach such representative.

A law might be enacted, or circular instructions issued by the department, that would enable the more expeditious disposition of these claims, if so framed as to re- quire exact information as to the claimants under the State, and fixing a time within which the investigation should be commenced, and requiring a deposit sufficient to cover the expenses of the same at the time of the application for suspension, to be estimated by the snrveyor-ffeneral.

There is evidently much land held suspended under the present practice, which is detrimental to the interests of the United States.

A larffe amount of work has devolved upon the office in the segregation surveys of swamp lands, upon the. request of the governor of the State, made in accordance with section 2488, Revised Statutes. It requires the entire time of one clerk to attend to the demands of this branch of the work in this office.

PRIVATE LAND CLAIMS.

There has been but one patent to private land claims received and delivered during the year, that of the Rancho Cafiada de Los Baqueros.

In the matter of the resurvev of the east line of the Rancho Ansaymos y Sau Fe- lipe, this office has not been able to proceed, owing to the failure of the settlement

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CALIFORNIA. 359

agreed upon beiog carried out. The settlers are anxious for the adjustment of the matter as speedily as possible.

A deputy is at work making the survey of the part of the Napa rancho confirmed to O. H. Frank, and his report will be received hoqd.

The resurvey of tract No. 2 of the city lands of Monterey has been completed, and the plats and field notes are undergoing preparation for transmission for patent.

The survey of H. I. Willey, United States deputy surveyor of the Bueua Vista rancho, was received and duly forwarded and rejected by the Commissioner, and a new survey ordered.

The resurvey by Deputy P. P. DandrWge of the Rancho Las Pulgas was received and forwarded to the department for action.

A report on the Rancho Punta de la Laguna was made in accordance with the re- quest of the Commissioner, as called for by the House of Representatives in April.

The resurvey by Deputy George H. Turner of the Bnri Buri was transmitted and approved.

No retnrijshave been received from the deputy who hasthe contract tor subdividing the Hoopa Valley ludian Reservation, in Humboldt county, but they are expected soon.

A large correspondence has been entailed by numerous inquiries in regard 'o these private land claims, and the desire of settlers on adjacent lands of other private laud claims to have resurveys made of the lines.

SPANISH ARCHIVE DEPARTMENT.

In reference to this department, which is a very important one in connection with this office, I would state that upon the records therein rests the title to a large por- tion of the lands in the State, as well as containing in itself a full account of the early settlement of the State, and all matters of public interest from which a complete history could be compiled. It appears to be in a satisfactory condition.

Reference to the former reports show that the department must be fully advised of the past work performed and of the work outlined for the future, and for that reason I will condense the somewhat leu^tby report made to me by the officer in charge

The work has been great and laborious, tnmslating and indexing nine hundred and fifty-nine expedienles or records of proceediuirs, with all the titlo papers filed in the eight hundred and thirteen cases presented for confirmatiou, and including as well copies and translations of the books of register of titles Nos. 1, 2, 3, and 4 ; books of records of possessions Nos. 5, 6, and 7 have been completed, and the originals care- fully preserved. The volume entitled Miscellaneous Documents and Transfers that shows the chain of title from the original grantees to^the parties who presented any individual claim to the board of land commissioners^ for confirmation, is now com- plete.

All original title papers and all other documents that in any way relate to the tracts of land referred to in the pi tition of the applicant have been segregated, so that whoever examines the transcripts will find ttie procee<lings that were had upon the petition of any individual f )r a specified tract of land up to the date of the presen- tation of the claim to the land commissioners. The completed work contains 18,200 pages of writing, in 2t> large volumes, each indexed, and 2 volumes containing G23 tracings of original maps or disenSs. The work of compilation of the 302 volumes of Spanish archives has likewise been completed during the past fiscal yean and the work now being performed is that of classifying and assorting the innumerable sub- jects, after recording and indexing in chronological and proper order. The abstracts and translations of which the index will be composed have been made by oaiefnl study from 280,639 pages of Spanish manuscript contained in these ancient archives, and it is expected that during the next three or four years the government will have in its archives the most complete, descriptive, and interesting index of public records that has ever been made of Spanish archives.

The index will be arranged alphabetically and chronologically, with proper side references, in such a way that any one desiring to know a certain fact contained in the volumes will at once find what he wants in English, often reading in the index itself the exact words that were used by the writer of the document one hundred years ago.

The volumes embracing a great variety of subjects have been arranged differently, to facilitate reference, and are numbered from 1 to 302, the former way of indexing being absolutely unintelligible.

There are in this department patents for Spanish grants which have not been called for, as follows, and upon which the sum of $2,262.33 is due :

1. Corral de Tierra to Tiburcio Vasquez, January 6, IB73.

2. Part of Napa to J. P. Thompson, June 3, 1880.

3. Paso de Bartolo to Joaquina Sepulveda, March 17, 1881.

4. El Alisal to heirs of W. E. P. Hartwell, February 15, 1882.

5. Canada de Negates to .1. M. Aguilar, May 19, 1882.

6. C Nogales to Ma. de Jesus Garcia, June 29, 1882.

7. Canada del Corte de Madera to Fbnrn et a/., June 13, 1882.

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360 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

8. Lot in Mission Dolores to C. Valenciay December 16, 1882.

9. Las Cauaritas to Ferdinand Vassaalt, December 18, 1882.

10. S. Jacinto y Potrero to beirs of M. Pedrovena, January 9, 1883.

11. Additional pueblo lands to city of San Francisco, March 6, 1887.

I have tbe honor to be, very respectfully, your obedient servant,

Wm. H. Pratt, U, S, Surveyor- General for Cal\fomxa, Hon. Commissioner General Land Office,

Wa9h%ngtont D. C.

kn-^Statement of oontraots entered into by ike United States surveyor-general for CaU- fornia with deputy surveyors for the survey of public lands during the flsoal year end- ing June 30, 1890, and payable out of the public appropriation for that year.

Name of deputy.

JohnGilcreet

Do

JohnH. Qarber

Z.B.6taart

Do

W.H.HaU

P. T.Newberry (No. 65)

John H. Oarber

H.G.Wheeler (No. 66) ICA. Nurse (No. 67)...

Date of contract.

Location of field work.

i Amount i Meridian, j of con-

I traot.

1889. Aug. 3

Oct

4

Sept.

3

Oct.

18

1890.

3 miles section lines and 3 mUes i M.D. H.| $86.00

township lines, to complete the ;

survey of T. 16 S., B. 1 W. 1 To complete the sui-vey of T. 16 8., M. D. M.

R.1E.* : }

2 miles section lines, to complete ' M. D. M.I

the surrey of T. 24 8., R. 9 E. ' I mile section line, to complete the I S. B. M. i

surwyof T.1S.,B.4W.*

June 7 ' Corrective survey of T. 1 8., R. 4 W.*

1889. Oct. 28 .

Dec. 24 Dec. 3

Jan. 14 Jan. 29

S. B. M. I

8. B. M.

1 mile section line and 3 miles ranch lines, to complete the sur- vey of T. 8 N., R. 32 W. |

Complete the segregation survey of ! M. D. M. T. 23 8., Rs. 20, 21. and 22 £., T. 21 S.. Rs. 21 and 22 E. I

Resnrvey of city lands of Mon> I

terey as ordereo hv the Secretary I of the Interior in Department I decision of October 4, 1887. *

J. G. Shepard . D.F.Spur ....

Cave J. Couts (No. 66) Cave J. Couts (No. 68). •Cave J. Couts (No. 69)

Addison M. Powell (No. 70).

Cave J. Couts (No. 71). Frank J. Baker..

!

Mar.

11

Feb.

18

June

12

Apr.

23

Apr.

23

June

3

May

22

June

17

Complete the surveys of T. 9 8., R. 2 W.; T. 10 8., R. 1 W. ; Ts. 12 and 13 8., R. 2 E. f

1 mile township line and 14 miles section lines, to complete the sur- vey of T.9N.,R.2 W.

12 miles section lines, to complete the Murvey of T. 8 8., R. 23 E. *

2^ miles township lines, 8 miles section lines, to complete the sur- vey of T. 12 N., R. 11 W.*

Complete the surveys of T.9 S., R.2 W.; T.10 8.,R.1W.; Ts.12 and 13 8., R. 2 E.

Complete the surveys of T. 7 S., R. 4 W. ; T. 11 S., R. 2W. ; T. 11 8., R, IW.

8^ miles township linen, 16 miles section lines, and 4 miles grant connections, to complete the sur> vey of sections 10, 10, and 29, T. 6 B.,R.6W.

2 miles township lines, 2 miles sec- tion lines, 5 miles ranch lines, to complete the survey of T. 9 N., R. i 83 W.

Complete the surveys of public i landsiQT.9S.,R. 4 W.; T.9S.. I R.5W.

Examination survey of certain lines in or between Ts. 29 and 30 8., Rs. ' 33 and 34 E.* ,

8. B. M. I

M.D.M.j

M.D.M. M.D.M.

S. B. M. S. B. M.

8. B. M.

S. B. M. M.D.M.

14.00 6.00

86.00

32.00

632.00

300.00

441.50

109.00

84.00 48.60

441.50

576.50

226.50

60.00

812.60 350.00

Returned amount.

187.64 40.81

* Special instruotioas. tCancellod as per honorable Commissioner's letter E, June 80, 1800.

I hereby certify that the foregoing in a correct statement.

[UAL. J Wtf. H. Pratt,

United States Sureeyor-Oeneral for Califomi^

Digitized by VjOOQIC

CALIFOBNIA.

361

B. Skitement of oontraote entered into hy the United States eurveyor-general for CaUfor- Ilia with deputy eurveyors for the survey of public lands during the fiscal year ending June 30. 1890, aii<2 payable from special deposits made in conformity vfith the act of March 3, 1871.

Nam« of depaty.

Dftteof oontntot.

Looation of field work.

Meridian.

Amoant

of COB*

tract

Name of depoeitor.

R.A.DoaB(yo.65).

1889. July 26

R. A. Doss (No. 56).

Albert Lasoy (No. 57).

N. C. Howard (Ko. SO).

Aug. 28

Sept. 14

Oct 15

W.H.HaU :, I Oct. 28

I

John B. Tread well (No. 63).

&H. Rice (No. 60) .

Thomas Bingham (No. 64).

Nov. 8

Oct. 15

1890. Jan. 17

5 miles standard lines and 8 miles section lines, to complete the snrveylnT. 8 8., R. 1 W.

22} miles township lines and 62} miles section lines, to complete the snrrey in T. 9 N., R. 28 W.

25 miles section lines, to complete the survey in T.10N.,R23 W.

15 miles township lines, f6 miles section lines, and 1} miles connection lines, to complete the I survey in T. 14 N., R. 15 W.

6 miles township lines and 12 miles section iines, to complete the snrvey in T. 18 N., R. 10 W.

1 mile ranch line and 1} miles section lines, to complete the sarrey in T.ON, R.32W.

4 miles ranch lines and 5 miles section lines, to complete the snrvey in T.10N.,R.32W.*

2 miles standard lines, 5 miles township lines, and 26 miles section lines, to complete the survey in T. 11 N., R. 8W.

18 miles section lines, to complete the snrvey in T. 15 N , R. 18 W.

li miles standard lines, 4 miles township lines, 15 miles section lines, and 2 miles ranch lines (re- survey), to complete the surveys in T. 25 S., R.6B.

4 miles township lines, 27 miles section lines, and 18 miles ranch lines (resurvey), to complete the surveys in T. 25 S., R.7B.

S. B«M

aB. M.

S. B. M.

$160.00

1, 076. 00

E. J. ToUaa.

RM. Morris.

Frank Williams.

M.D. M., 700.00

M.D.M.

S.B.M.

S.B.M.

M.D.M.

M.D.M.

M.D.M.

M.D.M.

Charles M. Conit- wrieht; I H. Moore.

280.00 \ William Bird.

I

James MoFarland. 70.00 S.B.Hyer. 890. 00 W. A. Lampley.

180. 00 James B. Davis. John MoCormic.

700. 00 James Magaire.

* Special instmotions.

I hereby certify that the foregoing is correct.

[«EAL.l

Wm. H. Pbatt, UniUd Statst Surveyor- Qtn^ral /or (Mif^mia,

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362 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

pedal deposits made by the Central Paeifto Railroad hranehea during the fiscal year ending June 30, 1890.

Statement of special deposits made by the Central Pairifto Railroad Company and it9 or

No. of certifl- oate.

74

140 257

""•^o^l"" ! Depositor. | ^^^.^^^ | | j Land district, i Limit.

posit.

Sept. 21, 1880

Not. 26,1889 Jane 3,1890

W.H.Mil]8.l

do.,, .do ...

and

19

Califoniia Oregon.

...do : ! 18

C.P.R.R I 29

Shasta I Indemnity

do ] do

Sacramento...!

Offioe work.

$1.80

21.66 1.68

Sur- rey.

$6.40

64.97 49»

I hereby certify that the above is a fall, true, and correct statement

■Wm. H. Pratt. United State$ Surveywr-Oeneral/or Oalsfomia.

D.—The United States in account with W, H, Pratt, United States surveyor-general^ dis- trict of California, under bond, dated March 17, 1890, for the fiscal year ending June 30, 1890.

Date.

1889. Sept. 30 l>w. 81

1890. Mar. 31 Jone 30 June 30

1889. Sept. 30 Dec 31

1890. Mar. 81 Jnne SO June 30

Sept. 30 Dec. 81

1890. Mar. 31 June 30 Jnne 80

Disbarsements.

I

Salary fwnd.

First qnarter... Second qnarter.

Third qnarter

Foarth qnarter ,

Balance refunded per cer- tiflcate of deposit No. 35.

Contingent expense.

First qiiart<«r... Seoona quarter .

Third quarter

Fourth quarter

Balance refunded per cer- tificate of deposit No. 85.

Special depotits by individu- ait.

First quarter ... Second quarter .

Third quarter

Fourth quarter

Balance refonded per cer tificate of deposit No. 35.

Amonnt.

$3,080.10 8.19&55

3, 197. 60

3, 197. 50

79.35

Date.

I 1889. 1 July 1

12,760.00 I

261.62 257.82

231.60

1, 258. 74

.42

2,000.00

4,08&38 4,037.96

3,955.40 3, 763. 76 2,154.42

1889. July 1

1889. Jaly 1

Deposits.

Amount.

Salary of United States snr- Tcyor-jceneraL

$10,006.00 2.750.00

12.760.60

Apportionment, district of

9,000.00

2,000.00

Apportionment, district of California.

18,000.00

18, 000. 00

18.000.00

RECAPITULATION.

First quarter

Second quarter

Third quarter...:

Fourth qnarter

Balance refunded per certificate of deposit No. 35.

$7,399.98 7. 491. 33 7, 404. 61 8, 219. 99 2. 234. 19

1889. July

1 I Apportionment, district of I California.

32,750.00

$32,760.00

83.750.00

I hereby certify that the above is a full, true, and correct statement.

Wm. H. Pratt, UniUd States Swrwyor-GenertU/er (Mifsmia.

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REPORT OF THE SURVEYOR OEHERAL OF COLORADO.

United States Surveyor-Qbneral's Office,

Denver, Colo., July 17, 1890. I have the honor to submit, in daplioate. the annual report of this office relative to the surveying service, together with the following tabular statements, which show fally the extent and scope of the surveying service of this district for tne fiscal year ending June 30, 1890.

A. Statement of contracts entered into by the United States surveyor-general for Colorado, with deputy surveyors, for the survey of pablio lands, during the fiscal year ending June 30, 1890.

B. Statement of plats and transcripts made of surveys of public lands and ap- proved during the fiscal year ending June 30, 1890.

C— Statement of descriptive lists or condensed field notes of public surveys sent, to the United States land oflices in Colorado during the fiscal year ending June 30, 1890.

D. Statement of surveys of mines and mill sites in Colorado during the fiscal year ending June 30, 1890.

£.— Statement of mineral surveys, original and amended, ordered in fiscal year ending June 30, 1890.

F. Statement of amended plats and surveys ordered by General Land Office during the fiscal year ending Jupe 30, 1890.

G.~Statement of persons employed in office of surveyor-general of Colorado during fiscal year ending June 30, 1^90. H.— Statement of following accounis for the fiscal year ending June 30, 1890 : Regular appropriation for salaries of surveyor-general and clerks. Regular appropriation for contingent expenses. Regular appropriation for inspection of surveys. Special deposits made by individuals. I.— Statement of deputy mineral surveyors on active duty in the field. Respectfully submitted,

£. C. HUUPHRBT,

U. Surveyor- General Jar Colorado^ Hon. Commissioner General Land Office,

fVaehington, D. O.

A. Statement ofeontraota entered into by the United States surveyor-general for Colorado ,. with deputy surveyors, for the survey of publio lands, during the fiscal year ending June 30, 1890.

[Payable out of regular appropriadon for the year ending Jane 30, 1800.]

Date of eontraot.

1880. Jnne 22

June 20

Jane 28

July 0

Name of depaty.

Chas. Keemle* B. F.Clark.... A. F. Tremaine P. Charchfleld

Ang. 6 Blair Barwell.

Character and location of field work.

Snbdivli>lonal lines, T. 3j», N. B. 8 W. , New Mexican prin- oipal meridian.

Bast and west boondariea and aabdlviaion lines, T. 2 S., R. 04 W., sixth principal meridian.

Survey of sees. 1. 2, 11, 12, 13. 14, 23, 2i. 25, and ft«otional 36, T. 32 S., R. 60 W., sixth principal meridian.

West and north exterior lines, Ts. 7 and 8 S., Rs. 04 and 05 W.; exterior lines, T. 6 8., Rs. 04 and 05, and soath exterior lines Ts. 6 and 7 8., R. 08, and snbdi- ▼isional lines of Ts. 6 and 7 S., Re. 04, K. and OS W. of sixth principal meridian ; and meander lines on both sides of Grand Hver in T. 7 S., Rs. 04, 06, and 06, and in T. 6 S., R. 04 W. of the sixth principal meridian,

Lines of the Fr. Chabrand ranch in T. 34 N., R. 10 W.,

New Mexican principal meridian. Canceled; now contract June 1890.

Estimated amount.

LOO

884.00

120.00

2,300.00.

30.00

363

Digitized by VjOOQIC

364 REPORT OP COMMISSIONER OF GENERAL LAND OFFICE.

A Statement of eantraot9 entered into by the United States surveyor-general for Colorado 9 with deputy surveyors ^ etc, Cod t in ned .

Date of contraot

188B. Aug. 39

Oct 21

KoT. 4

KoT. 16

Hot. 18

KoT. 98

06OL S7

1880.

Veb. 7

Hat. 4

Mftr. 23

Mftf 0

Namo of deputy.

W.J.Pine.

Edward S. Snell.

W.J. Pine.

Frank P. Monroe.

B.F.GIlark

F.P. ICoDroe

....do

James Dyson. W.J. Fine

W.H.Bradt.

W. H. Holmes .

May 18 Xdwaid & SnaU .

Character and location of field work.

Bstlmated anomi't.

8,860.00

WestexteriorIine,T8.4»,40.47,and48N.,R.8W.;aoutb < $1,888.00 and north exterior lines, T. 4T N., B. 3 W.j west and north exterior lines. Ts. 45, 48, and 47 N., R. 4 W.; { Kew Mexican principal meridian, and sabdivisional ' lines of valley portions of Ts. 47 and 48 N., R. 8 W., , and Ts. 48 and 47 N., K. 4 W., New Mexican prind- pal meridian. 1

North and west exterior lines, Ts. 2 and 8 S., R. 88 W.; I L 660. 00 west and north exterior lines, Ts. 2, 8, and 4 S., R. 87 W., and the sabdi visional lines of west halves of Ts. 3 and 8. S., R. 86 W., and snhdi visional lines of Ts. 2 and 3 S., R.87 W., sixth principal meridian.

Exterior and snhdivisional lines of the snrveyahle poT> tions of Ts. 48, 50. and 51 N.. R. 3 W.. Ts. 46, 48, 40, 50, and 51, K., R. 3 W., Ts. 46, 48, 40, and 60 N., R. 4 W., Ts. 47, 48. 40, and 50 N., R. 5 W. of the New Mexican principal meridian, and Ts. 16 8., R. 87 W. of the ' sixth principal meridian.

Survey of vfOfey portions of T. 4 S.. R. 92 W., sixth 250.00

principal meridian. '

Survey of sabdivisional lines of Ts. 1 and 3 S.. R. 00 | 1. 800. 00 and 01 W., sixth principal meridian. >

Resnrvey of exterior and snhdivisional lines of the val- , 600. 00

ley Dortions of Ts. 0 and 10 S., R. 88 W., sixth prin- ) oipal meridian. I

Survey sees. 6, 7. 8, 17, 18, 10. 90. 21, and 87 to ML in- 1 360.00

elusive, in T. 6 S., R. 80 W., sixth principal meridian.

Amended survey townsite of Rico, (special deposit)

Survey of snrveyahle portions in Ts. 18, 14, and 15 S., 09&00

R. 80 W. of the sixth principal meridian.

Survey of metes and bounds of claims in T. 7 S., B. 89 W. of the sixth principal meridian, settled upon prior to suspension August 17, 188. (Additional appropria- tion.)

Sorvey by metes and bounds of claims in Ts. 8 and 4 S., 330. 00

R. 78 W., and Ts. 2 and 3 S., R. 79 W., sixth principal meridian, and ties of sach olHims to comers of the resurvev of said townships.

Survey of north and south exterior Unes and subdiris- ; ion of survey able portions of T. 4 S., Rs. 87 and 88 , W. of the sixth principal meridian. I

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COLORADO. 365

B. PlaU and transcripU made of surveys during the fiscal year ending June 30, 1890,

1^

8

8

8

8

8

8

8

8

8

8

8

8

8

2

1

8

1

3

1

8

1

Mete* and boands of claims filed on prior to saapenaion:

T.88., IL86W

T.8S., R.87W

T.9S.,R.86W

T.8S..R.8eW

T.7S.,;R.87W

T.78.,R.88W

T.108., R. 85W

T.88.. R. 87 W

E. andW. exteriors fhiotlonal

T. 34N., R.lfl W. W. exteriors fhtotlonal T. 84 N.,

R. 17 W, 8. and W. exteriors T. 35 N., R.

17 W.

8. and W. exteriors T, 85 N., R.

18 W

8. and W. exteriors T. 35 N., R.

)9 W. 8. and W. exteriors T. 36 N., R.

17 W.

8. and W. exteriors T. 86 N., R.

18 W.

8. and W. exteriors T. 86 N., R.

19 W.

N. exteriors T. 36 N., R. 17 W . . , N. exteriors T. 86 N., R. 18 W. . . N. exteriors T. 37 N., R. 19 W . . N. and 8. exteriors fractional T.

35N.,R.20W. N.exteilor firaotional T.86 N.,

R. 20 \7 N. exterior fractional T. 87 N.,

R.20W. Subdivision fractional T. 34 N.,

R. 16 W. Subdivision fractional T. 84 N.,

R.17 W. Subdivision T. 35 N., R. 17 W. . . Subdivision T. 36 N., R. 17 W . . . Subdivision T. 35 N., R. 18 W. .. Subdivision T. 36 N., R. IR W . . . Subdivision T. 37 N., R. 18 W... Subdivision T. 35 N.. R. 10 W. . . Subdivision T. 36 N., R. 19 W. . . Subdivision T. 37 N., R. 19 W . . Subdivision fractional T. 35 N.,

R.20W. Subdivision fractional T.86K.,

R.20W. Sub«livision fractional T. 37 N«.

R. 20 W.

Exteriors T. 47 N., R. 6 W

Exteriors T.48N.. K.6 W

Exteriors T.47 N.,R.7 W

Subdivision T. 47 N., R. 6 W. . . . Subdivision T. 48 N., R. 6 W . . . Subdivision T. 47 N., R. 7 W . . .

E. and W. exteriors T. 49 N., R.

6 'W E. and W. exteriors T. 50 N., R.

6 W.

E. and W. exteriors T. 49 N., R.

7 W.

B. and W. exteriors T. 50 N., R.

7 W. E. exteriors T. 61 N., R. 6 W. . . . E. exteriors T. 51 N., R. 7 W. . . . Subdivision T. 50 N., R. 6 W . . . SubrtiviHion T. 51 K.. R. 6 W . - . Subdivision T. 50 ST.. R 7 W . . . Subdivision T. 51 N., R. 7 W . . . Subdivision T. 15 8., R. 91 W. . .

6th.. 6th .. eth .. 6th.. 0th .. 6th .. 6th .. 6tb .. N.M.

N.M.

N.M..

N.M..

N.M .

K.M..

N.M..

N.M..

N.M.. N.M.. K.M.. K.M..

K.M..

N.M..

N.M..

».M..

N.M.. N.M.. N.M.. N.M.. N.M.. N.M.. N.M.. N.M.. N.M..

N.M..

N.M..

N.M.. N.M.. N.M.. N.M.. N.M.. N.M..

N.M..

N.M..

N.M..

N.M..

N.M.. N.M.. N.M.. N.M.. N.M.. N.M.. 6th....

Date of contract.

1889. May 17* ...do ..do .... .do... ..do.... ...do... ..do.... ...do.... Jan. 2

..do....

..do....

..do

..do....

..do....

..do....

...do.... ,«.do .... ..do.... ...do....

...do....

..do....

-.do....

..do....

By whom surveyed.

Thomas Withers do ....

...do

... do

.. do

...do ......

...do

...do

M. J. Mack

...do

...do

...do.«.

...do

...do...

...do...

...do ...

...do .... do .... ...do... ...do...

...do...

...do...

...do...

...do...

..do....

....do....

..do....

....do....

..do...

....do....

..do....

...do....

..do....

....do ...

..do....

...do....

..do....

....do....

..do....

... do...

..do....

... do....

...do....f ...do....

Mar. 27 ...do.... ...do... ...do....

Mar. 27 ...do.-..

Jan. 2

...do...

...do....

...do....

...do.... ..do.... ...do.... ...do.... ...do.... .. do.... .. do....

...do

....do

W.J. Fine.

...do

...do

..do

...do

...do

...do

...do

.. .do ,

...do

...do ,

....do ......

...do ,

...do

... do. ...

...do

...do

Date of approval.

1888. Nov. 16 ..do.... ..do.... ..do.... ..do.... ..do.... ..do.... ..do... Sept. 20

...do

..do...,

..do....

..do....

..do ....

..do....

..do...

...do... ...do... ...do..., ...do...

...do....

...do....

...do....

..do... ..do.... ..do... ..do... ..do..., ..do... . . do . . . , -do.... ..do...

..do....

..do....

Oct. 9 ..do.... ..do... ..do.... ..do.... ..do...

1880. Jan. 8

..do....

...do....

..do....

..do.... ..do.... ..do..., ..do... ..do .... ..do... ..do...

^1

1890. Mar. 8. Do. Do. D% Do. Do. Do. Da Do.

Do.

Da

Do.

Da

Do.

Do.

Da

Do. Da Da Do.

Do.

Da

iLpr. 16.

Do.

Do. Do. Da Do. Do. Do. Do. Do. Do.

Da

Do.

Do.

Do.

Do.

Apr. 5.

Do!

Do.

Do.

Do.

Do.

Da Da Apr. 7. Do. Da Da Do.

* Special instmotlons.

Digitized by VjOOQIC

366 REPORT OF COMMISSIONER OP GENERAL LAND OFFICE.

B. Plaii and iranscripts made of surveys during the fiscal year ending June 30

18t)0— Continued.

Description.

E., W. and N. exteriors W. ^T.

2 S^ K. 86 W.

B., W. «nd N. exteriors W. i T.

3 S. R. 86 W

W. and N. exteriors T. S S., R. 87

W. W. and N. exteriors T. 8 S., B. 87

W. W. and N. exteriors T. 4S., B. 87

W. SabdlTision W. | T. 2 &, B. 86

W. Snbdirision W. i T. 8 S., B. 86

W. SubdiWsion T. 2 S., B. 87 W . . . Subdivision T. 8 S., B. 87 W. . . . W. and N. exteriors T. 7 S., B.

04 W.

W. and N. exteriors T. 8 S., B.

WW. W. and N. exteriors T. 7 S., B.

05 W

W. and K. exteriors T. 8 B., B.

06 W.

W. exteriors T. 6 a, B. 04 W. .. W. exteriors T. 6 8. JBL 06 W. . . K. and S. exteriors T. 7 S., B.

06 W. Snbdi vision T. 6 S., B. 04 W. . .. Subdlviaion T. 7 S.,B.04 W.... SabdivisiOD T. 6 S., B. 05 W . . . . Sabdiviaion T. 7 S.. B. 05 W.... Subdivision T. 6 S., B. 06 W. . . . Subdivision T. 7 &, B. 06 W. ...

Survey seotiODS 1, 2, 11, 12, 18,

li. 23, 24, 25. and fractional 86,

T. 32S..B.60W. E.. W. and N. exteriors T. 2 8.,

B.04W. Sabdiviaion T. 2 S., B. 04 W. . .. E. and S. exteriors T. 44 N., B.

18 W Subdivision T. 44 N., B. 18 W . . . Subdivision T. 46 N., B. 10 W . . . Subdivision T. 47 N., B. 10 W. . . Subdivision T. 48 N., B. 10 W. . .

Claims in T. 8 S., B.88 W. ... Subdivision T. 4 S., B. 02 W .

Amended townsite Bioo . . . Amended townsite Aspen.

Claim of Cbabrandin T. 84 K., B.10W.

U

6th ..

6tb ..

6th ..

6th...

6th...

6th...

6th...

6tb.. 6th .. 6th..

6th ..

6th ..

6tb ..

6th . . 6th .. 6th..

6th .. 6th.. 6th.. 6th .. 6th .. 6tli..

6th..

«th ..

6th.. K.M.

N.M.

N.M. K.K. K.M.

6th...

N.M.

Date of oontraot.

1880. Got 21

...do...

...do...

...do ...

...do...

...do...

...do...

...do... ...do ... July 0

...do...

...do...

...do...

...do... ...do ... ...do...

..do... ..Jo... ..do... ..do... ..do... ..do...

June 28

June 26

..do.... Jan. 2

...do.... do.... do.... do....

Jan. 25 Ifov. 16

1800. •Feb. 7

1880. May 6

By whom surveyed.

Edward S. Snell

....do

....do

....do

do

...do

....do

...do

..-.do

P. Churohfield..

..do..

..do..

..do..

..do.. ..do.. ..do..

...do

...do

...do ..........

....do

...do

...•.do

A. F. Tremain.

Benj.F. Clark.

do

W.J. Fine

...do

...do

...do

...do

Leonard Cntahaw Frank P. Monroe

James Dyson... Frank D. Hone .

Blair Bnrwell.

Date of approval

1880. Feb. 11

...do...

...do...

...do...

...do ....

...do....

...do .

...do.... ...do.... Mar. 12

...do....

...do.

...do....

...do ...do ...do...

...do .... ...do.... ...do-- ...do.... ...do.... ...do....

1880. Oct. 11

Oct. 17

..do..., July 17

...do... ...do ..., ..do..., ...do...

1880. Jan. 25 May 10

May 6 June 18

June 25

h

1880. Apr. 7.

Do.

Do.

Do.

Do.

Apr. 26.

Do.

Do.

Do.

Do.

Do.

Do. Dc Do.

May 12. Ih. Do. Da Do. Do.

Apr.

Do.

Do. Do.

Jan. 11. Do. Do. Do.

^ Special instructions.

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COLOEAUO.

367

C. Tran$cript of field notes of public surveys sent to the United States land offices from the office of the United States surveyor •general for Colorado during the fiscal year ending June 30, 1890.

DelKorM.... Central City .

Pneblo.

Garfield..

Denver .

Subdivisions of T. 28 8., K. 70 W .- 6th .

Subdivisions of T. 27 S.,R 78 W 6th .

Subdivisions of T. 28 S., R. 73 W 6th

Subdivisions of T.1N.,K. 76 W 6th .

Subdivisions of T. 2 N.,R. 75 W | 6th.

8ubdivisionsofT.4S.,R.«2W 6th .

Subdivisions of T. 6 S.,R. 82 W 6th .

Subdivisions of T. 81 S.. B. 68 W 6th .

Subdivisions of T. 11 S.,K. 69 W ' Oth .

Subdivisions of T. 30 S., R. 60 W 6th.

Subdivisions of T. 31 8., B. 60 W 6th,

Subdivisions of T. Subdivisions of T. Subdivisions of T. Subdivisions of T. Subdivisions ol T. Subdivisions of T. Subdivisions of T. Subdivisions of T. Subdivisions of T. Subdivisions of T. Subdivisions of T. Subdivisions of T. I Subdivisions of T. Subdivisions of T. SubdiviHionsofT. Subdivisions of T. Subdivisions of T. Subdivisions of T. Subdivisions of T. Subdivisions of T. Subdivisions of T. Subdivisions of T. Subdivisions of T. SublirisionsofT. Subdivisions Of T. Subdivisions of T. Subdivisions of T. Subdivisions of T Subdivisions of T. Subdivisions of T. Subdivisions of T.. Subdivisions of T. Subdivisions of T. Subdivisions of T. Subdivisions of T. Subdivisions of T. Subdivisions of T.

25S.,B.78W 6th .

26S.,R.78W 6th.

24S.,B.73 W 6th .

23S.,B.73 W 6th .

25SmR.48 W 6th .

36S.,R.48 W , 6th .

27S..R.48W ' 6th .

28S^Il.48W I 6th

29S.,R.48W ! 6th

81S,R.<8W 6th

38S.,R.48W 6th

84S.,R.48W 6th

13 8.,R.46W 6th

U8.,R.46W 6th

16S.,R.46W 6th

I N,R.04W

8N.,R.94W

4N.,R.04W

6N.,R.04 W.

6N.,R94 W

0N..RO4W

10N.,R.04W

1».,R.05W

4N..R.95W

6N..R.O0W

2KmR.88W

10N.,R.88W

11N..R.83W

6 8mR.83W

78., R.83 W

88.,R88 W

OS., R.83 W

10S.,R.83W

II S.,R.88 W

6S.,K.84W

7S..R.84W

8 8.,R.04W

6th. 6th. 6th. 0th. 6th. 0th. 6th. 6th. 6th. 6th. 6th 0th. 6th. 6th. OtU. 0th. 0th. 0th. 0th 0th. 0th 0th.

0th.. 0th., 0th.. Otb.. 0th..

0th..

0th.,

0th..

eth..

Subdivisions of T. 6 S.,R. 86 W 0th.,

Subdivisions of T.7S.,K8e W 0th..

Subdivisions of T. 5 S..ja. 87 W 0th

Snbdivlsionsof T.6S.,R.49W 0th..

Subdivisions of T. 7 8., R.49W 6th.

Subdivisions of T.«S.,R.40W 0th.

Subdivisions of T. OS., R.4» W 0th..

Subdivisions of T. 10 8., R. 49 W 6th.

SubdivislonsofT.il 8, R. 49 W 6th..

Subdivisions of T. 10S.,R.60 W ' 6tb

Subdivisions of T. 118., R. 60 W 6th.

Subdivisions of T. 7 8., R. 61 W - 6th..

Subdivisions of T. 8 S., R. 61 W eth .

Subdivisions of T. 0 8., R. 84 W . . Subdivisions of T. 11 8., R. 84 W . Subdivisions of T. 6 8., R 85 W . . . Subdivisions of T. 7 8., R. 85 W . . . Subdivisions of T. 8 8., R. 85 W. . ,

Subdivisions of T. 9 8., R. 86 W. . .

Subdivisions of T. 10 8.. R. 85 W.

Subdivisions of T. 4 8., R. 86 W. . .

Subdivisions of T. 6 8., R. 86 W . . ,

Feb. 2, 1874 June li. 1883 Sept. 22, 1882 Dec. 10,1881

Do. Sept 6.18^1 Apr. 17, 1888 July 28.1881 Jan. 14,1884 July 21, 1809 July 17,1882 July 28,1881 June 14, 1884 July 21,1882 July 1.1882 July 21, 1882 Aug. 13, 1881 Nov. 8,1880 Jan. 19.1881 Dec. 6,1880

Do. Jsn. 19,1881

Do. Dec. 18,1880

Do. Feb. 2,1881 Dec 18,1881 .)an. 10,1880 June 29, 1886 Aue. 12, 1884

Apr. 26,1881

Do. Apr. 18. 1881

Do. Sept. 8, 1888 Aug. 12, 1884 Apr. 20, 1881 Oct 7. 1881 Julj^ 11, 1881

1881

1P81 1882 1881

1881

^£0!

Oct 7,

Do.

Do.

Do. Oct 29, June 2, Oct 7.

Do.

Oct 20,

Oct. 26, 1887 Oct 7. 1881 Juoe 2, 1882 Oct 7, 1881

Do. Oct 29, 1881 Oct 25, 1887 Oct 29, 1881 Oct 26. 1887 June 16, 1881 Oct 25, 1887 July 13, 1882 July 11, 1887 July 18, 1882 July 11. 1887 Auz. 4, 1882

Do. July 11,1887 July 29,1881 June 28, 1881 May 9, 1881

Do! Kay 22,1881 May 9. 1881 Jan. 29,1881 June 2?, 1881 May 9.1881

Digitized by VjOOQIC

868 REPORT OF COMMISSIONER OP GENERAL LAND OFFICE. C. Tranacripi of field notes of public Burvens, etc^Continned.

IiMid office.

DttiTei.

Desoription.

Principal I meridUn.

SnbdiTitions of T. 0 S., R. 51 W . . SubdiviBiona of T. 10 S.. R. 61 W . Subdivisions of T. 7 S., R. 57 W . . Subdivisionn of T. 1 §., R. 07 W . . Subdivisions of T 2 S., R. 07 W . . So bdi visions of T. 8 S., R 67 W . . Sabdivisions of T. 4 S., R. 67 W . . Sabdiviaions of T. 5 S., R. 67 W . .

tubdlvisions of T. 6 S., R. 67 W . . nbdi visions of T. 7 8., R. 67 W . . Sabdivisions of T. 8 S., R. 67 W . . Subdivisions of T. 9 S., R 67 W . . Sabdivisions of T. 10 S , R 67 W . Sabdivisions of T. » S., R. 65 W . Subdivisions of T. 10 S., R. 65 W . Sabdivisions uf T. 3 8., R. 66 W . Sabdivisions of T. 4 S., R. 66 W . . Subdivisions of T. 5 S.. R 66 W . Sabdivisions of T. 6 S., R. 66 W . . Subdivistons of T. 7 8.. R. 66 W .. Subdivisions of T. 8 S., R.66 W... Subdivisions of T. 9 8., R. 66 W. .. Subdivisions of T. 10 S., R. 66 W. . Subdivisions of T. 6 8., R.UW... Subdivixions of T. 7 S., R.i4 W... Subdiyisions of T. 8 S., K. 44 W . . . Subdivisions of T. 9 8., R. 44 W . . . Subdivisions of T.IO S.. R. 44 W.. Subdivisions of T. 6 S., R. 46 W... SubdiviaiODS of T.7 S.. R. 46 W... Sabdivisions of T.8 S., R.46 W. Subdivisions of T. 9 S., R. 46 W. Subdivi6ions of T. 1 8., Subdivisions of T. 2 S.. Sul>diviaionsofT.3S., Subdivisions ufT. 4 S., Sabdivisions of T. 5 8., R. 68 W. Subdivisions of T. 6 S., R. 68 W . Subdivisions of T. 7 S., R. 68 W.

Subdivisions of T. 8 S., R. 68 W.

, R.68W. ,R.68 W. , R68'W. ,R.68W.

Subdivisions of T. 10 8., R. 68 W. Subdivisions of T. 8 S., R. 69 W. . Subdivisions of T. 4 8., R. 69 W.. Subdivisions of T. 9 S, R, 69 W. . Subdivinions of T. 1 S., R. 69 W. . Sabdivisions of T. 2 S. R 69 W.. Subdivisions of T. 5 S., R. 69 W. . Subdivisions ot T.7 S., R.69 W..

Subdivisions of T. 2 S., R. 74 W . . .

Subdivisions of T. 4 N., R. 61 W. . .

Subdivisions uf T. 5 N., R 61 W . . .

Subdivisions of T. 9 N.,R. 51 W....

Subdivisions of T. 11 N.. R61 W.,

Subdivisions of T.12 N..R.61 W..

Subdivisions of T. 8 N., R. 6<» W . , I Subdivisions of T. 12 N.. R. 60 W..

Subdivisions of T.6 N., R.«2 W. .,

Subdivisions of T. 1 N.. R.66 W . .. I Subdivisions of T. 2 N., R. 66 W. ..

Subdivisions of T. 3 N., R 66 W. ..

Sabdivisions of T. 4 N.. R. 66 W. .. I Subdivisions of T. 5 N., R. 66 W. . .

SubdiviMons of T.6 N., R.66 W ., . Subdivisions of T. 1 N., R.67 W. ..

Subilivisions of T. 2 N., R 67 W. .,

Subdivisions of T. 6 N., R. 67 W . . .

Subdivisions of T.6N.,B.67 W...

Subdivisions of T. 1 N.. R. 68 W. . .

Subdivisions of T. 3 N., R 68 W. . .

Subdivisions of T.4 N., R.68 W. ..

Subdivisions of T. 3 K, R 69 W. . .

SulMlivisIons of T. 4 N., R 69 W. ..

Subdivisions of T. 7 N., R. 71 W. ..

Subdivisions of T. 8 N., R. 71 W. . .

Subdivisions of T. 6 N ., R. 74 W . . .

Subdivisioos of T. 8 N., R. 74 W. . .

Subdivisions of T. 9 N.. R. 74 W. . .

6th. 6th 6th.

6th..

6th..

6th..

6th..

6th..

6th .

6th..

6th..

6th..

6th..

6th..

6tk..

6th..

6th..

6th..

6th.

6th .

6th.

6th.

6th .

6th.

6th .

6ih

6th.

6th.

6th.

6th.

6th .

6th.

6th.

6th .

6th.

6th .

6th.

6th.

6th. 6th . 6th. 6th . 6th . 6th . 6th. 6th .

6ih . 6th. 6th . 6th. 6th . 6th. 6th . 6th. 6lh. 6th. 6th . 6th. 6th . 6th . 6th . 6th. 6th . 6th. 6th . 6th . 6th . 6th . 6th. 6th. 6th . 6th. 6th . 6th. 6th .

Date of con- tract.

May 9,1881

Aufc. 21. 1871 Jaly 10,186$

.t)o. Aug. 10, 1804 Aug. 18) 1M2 Aug. 10, 1864 Mav 80,1866

Da May 81,1866

Do. Ang. 2.1867 May 24,1866

Do. June 20. 1R67 ^"fL^^* 1864 Aug. 20, 1865

Do! May S4.18B6

Jan. '9.1882

Do.

Do.

Da

Do. Jan. 11,1880 May 9.1881

Do. Jan. 9 1881 May 30,1866 Aos. 18,1862

Da Jnly 8,1862

May 80.1866

Do. Jan. S, 1874 May 30,1866 Mar. 34.1873 Feb, 7. 1878 Dea 34.1872 July 6, 1862 Sii>t. 1,1879 Aug. 10, 1864 May 30.1866 Apr. 14,1864 Mar. 81, 1866 Dec. 11.1872 July 11.1882 Mav 14, 1881

Aug. 8, 1870 Deo. 20,1880

Do. Dea 27.1880 June 2.1875 Sept. 20, 1869 July 10, 1863

Auff. 10. 1865

Do'. Aug. JO,] MM July 10, 1863

Aafl^ 10, 1864

Do'. 0 Do.

Do.

Da

Do. Dea 17,1881 Aug. 4.1881 June 14, 1882

Da Sept 29, 1881

Digitized by VjOOQIC

COXiOBADO. 369

C.—Tran$cHpt ofJUld notes ofpuhUe aurvegB, «te.-~OontinnecL

DflBTer.

LMdTiUe.

DelNorto.

OentralOity...

9405

Sabdiyislona SubdlTisiona SabdlvUions SabdivlMona SubdiTlsioiM SnbdlvisioDS SnbdiTialons Habdiriaiona SiibdiTialima SubdiTialona Subdivlaiona 8ab.*iTlaioiia SubdlTlaloDa SnbdivlMluna Sabdiviaiona Subdiviaiona Snbdiviaiona Sabdiviaiona Sobdivisiona Subitiviaiona SubdiviMiona SnlMliviiiiona Siibdiviaiooa Subdiviaiona Sabdiviaiona Sabdiviaiona

of T.10K..B.74W. of T.«N.,B.76W.. of T.7N.,R.76 W.. of T.8K.,R.76W.. of T.9N..R.76W . of T.10K.,R.75 W. of T.12.V..R.76 W. ofT.7K.,k76W.. ofT.8N..R.7e W.. ofT.»N..R.76W.. ofT4K.,R.77W.. ofT.»K.,R.77W.. ofT.«N..R.77W.. ofT.8N.,R.77W.. ofT.9N..R.77 W.. ofT.10N.,E.77W. ofT.7N.,R.78 W . ofT.8N.,R.78W.. of T. 10 N., R. 78 W . ofT.llN.,R.78 W. ofT.6N..E.7»W.. ofT.eN..R.7«W.. ofT.7N.,R.79 W.. ofT.»N.,R.79 W.. ofT.llK.,R.79 W. ofT.2S..B.79W...

Sabdiviaiona of T. 3 S., & 79 W. .

Sabdiviaiona of T. 6 8.. B. 79 W. . SabdlvlHions of T. 6 N., &. 80 W . SabdiTiaiona of T. 1 S., R. 80 W. .

Sabdiviaiona of T. 2 &, & 80 W. .

Sabdiviaiona of T. 8 S., R 80 W. . . Su>>dlviaioua of T. 5 S, R. 80 W. . . Sabdiviaiona of T. 8 S.T R. 81 W. . . Sabdiviaiona of T. 9 S., K. 81 W . . . SubdiTiaioDa of T. 7 N., R 81 W . . Subdiviaiona of T. 8 N., R. 81 W .. SiibdiviHiooa of T. 9 N., R 81 W . . SaMiriBlona of T. 11 N., R 81 W . Sobdiviaiooa of T. 6 N., R 82 W . . Sabdiviaiona of T. 7 N., R 83 W . SubdtviHiona of T. 8 N., R 83 W .. Sobdi^taiona of T. 9 N., R 82 W .. Sabiliviaiona of T. 10 N., R 82 W . Subdiviaiona of T. 11 N.. R 82 W . Subdiviaiona of T. 4 S., R 45 W . .. Sabdiviaiona of T. 7 a, R45 W... Sabdivialooa of T. 8 S , R 45 W . .. Sabdiviaiona of T. 9 S^ R 45 W . . . Sabiliviaiona of T. 10 S , & 45 W. . Subdiviaiona of T. 4 N., R 45 W. . Sabdivialima of T. 9 N., R. 45 W . . Sabiliviaiona of T. 10 N., R 45 V . Sabdiviaiona of T. 5 S.. R 46 W . . . Subdiviaiona of T. 10 S.. R 40 W. . Sabiliviaiona of T. 6 S.. R. 82 W. . . Snbdivihiona of T. 7 S., R. 82 W . . . Sabdiviaiona of T. 8 S., R 82 W . . . Sobdivisioua of T. 9 S.. R. 82 W. . . Sabilivisiona of T. 10 S., R.82 W . Sabdiviaiona of T. 11 S.. R 82 W . Sabdiviaiona of T. 12 S., R 82 W . Bxteriora of T 28 S . R 70 W

Exteriora of T 27 S., R 73 W . Sxteriora of T. 88 S., R. 78 W . Exteriora of T. 1 N., R 75 W .

Exteriora of T. 2 N., R. 75 W .

LO ^24

Prinoipia

DateofooB.

merldiaii.

tract.

6th

Jane 87, 1891

6th

Jane 14, 1888

6ih

Do.

6th

Do.

6th

Jane 27. 1881

6ih

6th

Jolv 2011881

6th

Jane 14. 1898

6th

Do.

6th

Jane 17, 1888

«th

Ang. 11,1888

6th

July 11, 1888

6th

Nov. 4,1881

6th

July 29, 1881

6th

Nov. 29,1881

6th

Do.

aih

Oct. 29,1881

6th

Joly 29, 1881

6th

Nov. 29,1881

6th

Do.

6th

Oct. 28,1881

6th

Nov. 4.1881

6th

July 8.1880

8lh

Sept. 29, 1879 July 29,1881

6th

6th

Aug. 17. 1881

Oct. 26.1^87

6th

AUE. 17, 1881

Oct. 86,1887

6th

Aug. 17, 1881

6th

Nov. 4,1881

6th

Aag. 13, 1880

Oct; 28,1887

6th

Aug. 17. 1881

Oct 26,1887

6th

0th

Ans. 17, 1881

6th

June 2,1888

6th

Do.

6th

6th

July 8,1881

Cth

Apr. 22, 1879 May 14,1881

6th

6(h

June 22,1881

8th

Oct. 29,1881

6th

June 22, 1881

6th

May 14,1881

tfth

Da

6lh

Jaly 14, 1881

6th

Feb. 10.1881

«th

Jan. 9,1888

6th

Do.

6th

Sept. 29,1881

eth

Do.

6th

Nov. 17. 1880

6th

Nov 6,1889

6th

Do.

6th

Feb. 10,1881

6ih

§^ri;iss

0th

6th

Do.

6th

Do.

6th

June 8.1888

6th

May 8.1888

6th

June 2,1882

6th

Da

6th

Jane 18, 1869

Oct. 18,1869

6th

July 1,1878

July 18,1878

Jane 14, 1888

6th

Jane 16,1871

Jaly 13. 1878

Sept. 22, 1888

6th ,..

May 21.1878

Dea 10,1881

May 9.1881

Jane 21, 1869

6th

May 9.1881

Dec. 10.1881

Ang. 18.1880

Digitized by VjOOQIC

370 BEPORT OF COMMISSIONER OF GENERAL LAND OFFICE. C.-^Transeript ofJUld note$ of public mrvey; etc.— Continned.

Lsnd office.

CentialGity.

Pneblo..

Garileld .

DeaoriptloD.

Exteriors of T.4 S., R.82 W .

Exteriors of T. 5 S., R. 82 W .

Exteriors of T. 81 8.. R. 68 W . . Exteriors of T. 11 S., R. OQ W. . . Exteriors of T. 80 S., R. 60 W. Exteriors of T. 81 8., R. 60 W .

Exteriors of T. Exteriors of T. Exteriors of T.

26 8., R 73 W . 26 8., R.78W. 24 8., R. 78 W .

Exteriors of T. 28 S.. R. 73 W .

Exteriors of T. Exteriors of T. Exteriors of T. Exteriors of T.

25 8., R. 48 W .

26 8., R. 48 W .

27 8., R. 48 W .

28 8., R 48 W .

Exteriors of T. 28 8.. R. 48 W .

Exteriors of T. 81 8., R. 48 W . Exterion of T. 83 S.. R. 48 W . Exteriors of T. 84 8., R. 48 W . Exteriors of T. 18 8.. R. 46 W . Exteriors of T. 14 8., R 46 W . Exteriors of T. 16 8., R. 46 W .

Exteriors of T. 1 N., R. M W..

Exteriors of T. 3 N., R. 04 W . Exteriors of T. 4 D., R. 84 W.

Exteriors of T. 5 N., R. 04 W.

Exteriors of T. 6 N., R. 04 W. .

Exteriors of T. 0 N., R. 04 W. . .

Exteriors of T. 10 N., R. 04 W. Exteriors of T. 1 X., R 05 W...

Exteriors of T. 4 K., R. 05 W . .

Exteriors of T. 5 N., R. 06 W. .

Exteriors of T. 2 N., R. 88 W. . Exteriors of T. 10 N.. R 88 W .

Exteriors of T. U N., R. 88 W. Exteriors of T. 6 8.. R 88 W. . .

Exteriors of T. 7 S., R. 88 W , Exteriors of T. 8 8., R. 83 W . . .

Exteriors of T. 9 8., R 83 W. . . Exteriors of T. 10 S., R. 83 W.

1 Princip*!

Date of COD-

1 meridian.

i

tract

6th

July 26,1880

June 7,1883

Joly 27.1881

June 18. 1881

6th

May 6. 1870

Joly 22, 1880

Jnne 13, 1881

6th

Jnly 24. 1868

Jnly 28, 1881

6th

July 21,1860

Jnne 21, 1887

eth

Jnne 18,1860

Jan. 14. 1884

6th

Jnne 18, 1860

Jnly 24, 1860

July 28, 1881

6th

Jane 20, 1881

Jnly 1.1882

eth

Oct. 7, lb81

Joly 21, 1882

6th

Oct. 18, 1881

Jnne 20, 1881

July 21, 1882

6th

July 81. 1878

Auff. 17, 1870

Auk. 13. 1881

6th

Jnly 7,1878

May 26, 1871

6th

Au^. 0, 1888

Jnly 7.1878

6th

Ang. 0. 1880

July 7.1873

6th

AUR. 0. 1880

Aug. 8. 1880

Jnly 7, 1873

6th

Aug. 9,1880

July 7. 1873

6th

6th

Mai 6. 1870

6th

Do.

6th

6th

JnlT 1,1872

eth

Apr. 22. 1870

Jnly 1.1872

6th

Sept. 8.1883

Aug. 7,1884

June 20, 1886

July 13, 1883

6th

6th

A«g^7.I8.»

July 30. 1873

6th

t)o.

Apr. 26, 1881

6th

JulylO, 1877

Apr. 26. 1881

6th

Jnly 10, 1877

6th

Jnly22, 1878

6th

Jan. 28, 1883

Jan. 13. 188S

8ept 8,18X3

6th

Aug. 7, 1884

Jnly 30. 1873

6th

Apr. 26, 1881

Jnly 80. 1878

6th

Jnly 26, 1880

6th

May 14, 1881

6th

JnlirU. 1881

6th

Kay S, 1879

Jnne 8, 1881

Jnly 26, 1880

6th

Jnne 8, 1881

6th

Jnne 8,1881

Jnly 26,1880

6th

Jnne 8,1881

Jnly 26.1880

6th

June 8.1881

Jnly 26,1880

Digitized by VjOOQIC

COLORADO.

C. I^ansoript ofJUld notei ofpublie nurvejf$, eto. Continoed.^

371

Land office.

Garfield .

Denver.

Deseriptioii.

Exterion of T.

Exteriors of T,

Exteriors of T. Exteriors of T. Exteriors of T. Exteriors of T.

Exteriors of T. Exteriors of T. Exteriurs of T. Exteriors of T. Exteriors of E.

Exteriors of T. Exteriors of T.

Exteriors of T.

Exteriors of Exteriors of

Exteriors of

Exteriors of

Exteriors of

Exteriors of

Exteriors of

Exteriors of Exteriors of

Exteriors of T.

Exteriors of Exteriors of Exteriors of

Exteriors of T.

Exteriors of Exteriors of

Exteriors of

Exteriors of

Exteriors of

Exteriors of Exteriors of

Exteriors of Exteriors of Exteriors of

Exteriors of Exteriors of Exteriors of Exteriors of Exteriors of

US.,B.88W.

.68..R.84W.

7&,R.84W.. 8S..K.84W.. 0&,R.84W., U8.,B.84W

6S..B.86W..

7 8.,R86W.. 88.,It.WW.. 08.,K.85W.. 10S..B.86W.

i8.,E.86W. 6S.,B.MW..

0S.,B.88W.

7^..Il.8eW.. 6S.,R.87W.

6S,B.40W.

78.,B.40W..

88.,B40W..

9S.,B.4BW..

10 a, It. 40 W.

I18.,R.49W. 10S..&50W.

11 8., B. SOW.

7SmK.61W..

8 S., R. 51 W. . 0 8., K 51 W. .

10 8..B.51W,

7S.,B.57W.. 1S.,E.67W..

2 8.,R.«7W..

38.,R07W..

4S..R.67W..

6S..R67W.. 6S.,R.67W.,

78..K.67W.. 88.,B.e7W.. 08.,H.«7 W..

10 8.,B.67W. 0SmR.65W.. 10S.,B.66W. 8 8., B 60 W. . 48.,R.66W..

Principal meridian.

0th

Oth

0th Oth Oth Oth

Oth Oth Oih Oth Oih

Oth Oth

Oth

Oth Oth

Oth

Oth

Oth

Oth

Oth

Oth Oth

Oth

Oth Oth Oth

Oth

Oth Oth

Oth

Oth

Oth

Oth Oth

Oth Oth Oth

Oth Oth Oth Oth Oth

Dateof oom- traot

Juve ^1880 JnljT 20, 1880

Kay e,187» Jaly 20^ 1S80

Do.

Do.

Do. Jime 2,188a Jnly 20,1881 Joly 20,1880

Da

Do.

Da Oct. 20^189 July 13,1887 Jaly 20. 1880 July 11, 1887

Jaly h,im Jaly 26. 18$ Juno R, 1881 July 26, 1880 June 8,1881 July 26. 188D July 11,1887 Oct 20,1882 Jane 2,188) May 12.1873 Jane 12. 18^ Jaly 28,1880 June 22,18^ July 28. 1880 Jane 12, IfSO JuW 28, 1880

Aag. io, 1870 Jane 12, 18S^ Aag. 10,187V Joly 2H, 188) Aa^ 12, 187D Aug. 10, 1870 Auk. 12, 1873) 28,1880

''V

Do. Aug. 12, 1870 Jnly 28,188D Auff. 12, 1870

Oct. 1,1801 8eiit 24. 1801 Jane 11, 1869 Oct 1.180S Sept 24, 180t Oct 1, 1801 8ept 24, 1861 Oct 1. 1861 8ept 24, 1861 Aag. 12,1861 Oct 20,1804 Aug. 12, 1861 Oct 20,181(4

Da

Da

Da Aag. 12, 1801 Jane 21, 18^ Aag. 2,l8g Aug. 12, im Oct 20,180i Aug. 12. 1801 Oct 20,1884 Sept 24, 1801 Oct l,180t 8ept24,108l Oct. l^lMl

Digitized by VjOOQIC

S72 BEPOBT OF GOMMISSIONEB OF GENERAL LAND OFFICE. C— 2VaMoHp< oJfM notrn ofpvbUe Mtrv^ff, aio.— Continued.

DMoriptton.

Dftteofoon- tract.

Bxterion of T.5 8.,B.0d W... Exteriors of T. 6 8., B. 06 W. .

Exterior* of T.7 8.,B.66 W.. Exteriors of T. 8 3., R. 06 W. . Exteriors of T. 0 S., R. 06 W . Exteriors of T. 10 8., B. 00 W.

Exteriors of T.

Exteriors of T.

Exteriors of T.

Exteriors of T.

Exteriors of T.

Exteriors of T.

Exteriors of T. ExteriA>rs of T Exteriors of T. Exteriors of T.

0S.«B.44W..

7 8.,B.44W..

8S.,B.44W..

0S..It.44W..

10S.,B.44W.

0 8..R.40W..

7 8.,R.*6W.. 8S.,R.40 W.. OS.. R.46 W.. 18.,B.08W..

Exteriors of T. 2 8., B. 08 W. . . Exteriors of T. 3 8., R. 68 W. . . Exteriors of T. 4 8., B. 08 W.. Exteriors of T. 6 8., R. 08 W.,

Exteriors of T. 0 8., B. 68 W.. Exteriors of T. 7 8., R. 88 W. . Exteriors of T. 8 8., R. 08 W..

Exteriors of T. 10 8., B. 08 W..

Exteriors of T. 8 8^ B. 60 W.

Exteriors of T. 4 8., R. 09 W. Exteriors of T. 0 8., R. 00 W.

Exteriors of T. 1 8., R. 00 W.

Exteriors of T.

Exteriors of T.

Exteriors of T.

Exteriors of T.

Exteriors of T.

Exteriors of T. Exteriors of T.

Exteriors of T. Exteriors of T.

Exteriors of T.

Exteriors of T.

Exteriors of T. Exteriors of T.

2 8., R. oew..

6 8.,R. 09W..

7 8., R. 09W.. 28.. R.74W..

4 N., R. 51 W .

5 N.. R. 61 W . 9 N., R. 61 W .

11 N., R. 61 W . 12 N., R. 61 W .

8N., R.80W..

12N., R.OOW.

6N., R.02W.. 1N..R.00W..

0th . 0th.

0th. 0th. 0th . 0th.

0th,

Oth.

0th

Oth .

Oth .

Oth.

Oth. Oth . Oth. Oth .

Oth . Oth . Oth. Oth.

Oth . Oth. Oth.

I

Oth.

Oth.

Oth. Oth.

Oth.

Oth.

Oth.

Oth .

Oth.

Oth.

Oth. Oth.

Oth. Oth .

Oth .

Oth.

Oth . Oth .

Aug. 1,1001 Oct. 20,1804 Aog. 12, IKOl Oot. 20,1884 Do. Do. Do. Ang. 12, 1801 May 12. 1878 July 28.1H80 Jnoe 19, 1880 July 2&18H0 June 12. 1880 July 28. 18^ Jane 12. 1880 July 28, 1880 June 12. 1880 July 28. 18H0 June 12. 1880 June 12, 18M H»v 12.1873 Jane 12, 1880 Do. Do. Jane 11. 1850 8«pt. 24, 1881 Out. 1, 1801 8ept. 24. 1861 Got. 1, 1861 8. pt. 24, li>01 Oct. 1. 1881 Snpt. 24, 1801 Oct. 1. 1801 Sept. 24. 1801 Oct. 1. 1801 12,1801 20,1804 12 1801 20.1804 3. 187L 0,1871 8,1H71 20.1804 , _„ 13,1870 Jnly 21,1>'60 Oct. 13.1870 Aac. 2,1807 Jane 21. 1K07 July 0, 1871 Jnly 8,1871 Oct. 1, 1881 July 0 1871 July 21. 1809 Uot. 13.1K70 Jane II.I80O Oct. 1, 1801 4,1803 l.lfl01 <1808 1, IHOl

Aug.

Oct.

Aag.

Oft:

July

July

Jaly

Oct.

Oct,.

Jaly Oct. July Oet.

Aag. IS, 1801 Jnly 8, 1871 Oct. 20,1804 Aug. 10,1808 Jane 21. 1800 May 12.1873 June 1, 1871

Do. Aag. 8,1870 Aug. 0,1808 Aug. 8, 1870

Aug. Aag. Aug. Aug. Aug.

4.1808 5.18^0 O^IWB 4.1880 4.1808

8ept. 24,1800 Jalv 4. 1808 Sept. 24, 1/<01 Jane 11,1880

Digitized by VjOOQIC

COLOHADO. 37$

C-^Tranwripi ofJMd notes ofpubUo ewrveya, etc^Continned.

liMidoffloe.

Banyar .

DeMriptlon.

Bxterionof T. 2N., B. M W ,

BxterioTs of T. 8 K., B. M W ,

Szteriora of T. 4 N., B. 06 W

Bzterion of T. 6 N., B. 06 W

Exterioi-i of T. 6 N., B. 86 W Exteriors of T. 1 N.. B. 07 W

Exteriors of T. 8 N., B. 07 W Exteriors of T. 6 N., B. 07 W

Exteriors of T. 6 K , B. 07 W Exteriors of T. 1 N., B. 08 W. .

Exteriors of T.8 X., B.88 W. Exteriors of T. 4 N.. B. 08 W .

Exteriors of T. 8 N., B. 08 W. Exteriors of T. 4 2f., B 08 W.

Exteriors of T. 7 K.. B. 71 W.

Exteriors of T. 8 K., B. 71 W.

Exteriors of T.ON., B.74 W.

Exteriors of T. 8 N., B. 74 W.

Bxteriora of T. 0 N., B. 74 W . Exteriors of T. 10 N., B. 74 W Exteriors of T.6K., B.75 W.

Exteriors of T.7N., B.75W. Exteriors of T.8 K., B. 75 W.

Exteriors of T. 8 N., B. 75 W . Exteriors of T. 10 N., B. 75 W^, Exterinw of T. 12 N.. B 75 W Exteriors of T. 7 |r., B. 70 W^..

Exteriors of T. 8 N.. B. 70 W.

Exteriors of T. 8 N., B. 70 W. . Exteriors of T.4 N., B.77 W..

Exteriors of T. 5 N., B. 77 W..

Exteriors of T. 0 N^ B. 77 W. . Exteriors of T.8 N., B.77 W..

Exteriors of T. 8 K., B. 77 W . .

Exteriors of T. 10 N., B. 77 W

Exteriors of T. 7 N., B. 78 W . . Exteriors of T. 8 N., B 78 W. .

Exteriors of T. 10 S., B. 78 W.

Exteriors of T. U N., B 78 W.

Exteriors of T. 5 N., B. 78 W. .

Exteriors of T. 6 N., B.78 W. . Exteriors of T. 7 N., B. 70 W . Exteriors of T. 8 N., B. 79 W . .

Exteriors of T. 11 N., B. 78 W.

Exteriors of T. 2 S.. B. 78 W. ..

PriDOiiMl meridisn.

0th. 0th. 0th. 0th. 0th.

0th . 0th.

Ofh. 0th .

0th. 0th.

0th. 0th.

0th .

0th.

Oth.

0th.

Oth . Oth . Oth .

Oth. Oth .

Oth. Oth. Oth. Oth.

Oth.

Date of oon. traol

Sept. 24,

Jn^

_^-, 24,1801 July 4,180»

Do. Sept 8,1801 July 4pl80

Sept. aaflfi

Jnlj MOSO

Jnnell,18» Joly 4pl8S

Sept July

8,1801 4.180>

Oth. Oth.

Oth .

Oth .

Oth .

Oth . Oth .

Oth . Oth .

Oth.

Oth .

Oth.

Oth. Oth . Oth.

Oth .

Oth .

Jnly 4, ion Jane 11, 18b6 July 4.186a

Sept 8,18^ July 4, 1888

Sept 8,1801 Jane 28, 1881 May 24,1K81 Jnoe 28, 1881 Apr. 10,1877 Joly 11, 1877 Jnne 28, IffSl Juoe 14, 1881 Jane 28, 1881 Jiilf^22, 1879

Do.

June 28, 1881 June 14, 1882 Jane 20, 1881 July 22, 18$ June 28, 1881 Jnly 22,1878

Do.' Jnne 20, 1881 July 28,18^ Joly 22,18TO Feh. 28, m Jnne SO, 1881 Jnne 22, 1878 Auff. 11, IRSa Aug. 18, 1880 May 9, 1881 Aug. 30, 1881 May 0. 1881 Jnly 11.1882 July 28. 188l>

Do.

Do. Jnly 22, 1878 June 28. 1881 Nov. 18^ 1871 June 28. 1881 Muv 12,1872 July 22. 1872 July 28,1880 July 22,1878 July 28, 188^ Aufir 2a 1^8 June 28, 1881 Nov. 13, 1872 May 12,1872 Jnne 38, 1881 June V2, 1881 July 28,1880

Do. July 28,1880 Aug. 28,1872 Jnly 22, 187$ Jnne 28, 1881 Anff. 28,1878 May 5,1872

Digitized by VjOOQIC

874 BEPORT OF COMMISSIONER OF GENERAL LAND OFFICE. C.—Transoripi of field notes of public 8urve^9f eto. Continued

Land office.

Descriptioii.

Priooipal meridian.

Date of con- tract.

Denvvr.

LeadTtlle.

Exteriors of T. Exteriors of T.

Exteriors of T.

Exteriors of T.

Exteriors of T. Exteriors of T. Exteriors of T.

8 8., R. TOW... 8.,R.7»W..

6K.,R SOW.

ld..B.80W...

2 8., R. SOW. 8a,B.80 W. 58., B. SOW.

Exteriors of T. 8 8., R. 81 W.

Exteriors of T. 0 8.. R 81 W. . Exteriors of T. 7 N., R. 81 W . ExteriOTs of T. 8 N., R 81 W .

Exteriors of T. 0 K., B. 81 W. . Exteriors of T. 11 N., R 81 W .

Exteriors of T. 6 N., B 82 W .

Exteriors of T. 7 N.. R 82 W . Exteriors of T.8 K., R 82 W . Exteriors of T. 0 N., B 82 W .

Exteriors of T.IO N.,B 82 W . Exteriors of T. 11 N.. B. 82 W .

. Exteriors of T. 4 8., R 45 W. .. : Exteriors of T. 7 8., R. 45 W. .. I Exteriors of T. 8 S., B. 45 W. .

Exteriors of T. 9 8., R 45 W. .

Exteriors of T. 10 8., R. 45 W.

Exteriors of T.4 N.. R.45 W ..

Exteriors of T. 0 N.. R.45 W . ..

Exteriors of T. 10 N., R. 45 W . ' Exteriors of T.5S.,R.46W ... ' Exteriors of T. 10 8., R. 46 W...

Exteriors of T. 6 8., R 82 W. ...

Exteriors ot T. 7 S., R. 82 W. . ,

Exteriors of T. 8 8., R. 82 W. ..

Exieriom of T. 0 8., B 82 W. . .

j Exteriors of T. 10 S., R. 82 W.

Exteriors of T. 11 8., R. 82 W. Exteriors of T. 12 8., R 82 W..

6Ch. 6th .

6tli.

6th.

6th . 6th. 6th .

6th . 6th . 6th. 6th.

6th . 6tli .

6th .

6th. 6th. 6th .

6th .

6th

6th. 6th . 6th. 6th . 6th. 6th.

6th . 6th. 6th . 6th . 6th .

0th. 6th . 6th . 6th .

6th.

6th.

Mar 5,1879

Ang. 6,1868 Jane 22, 1881 June 28, 1880 May 5.1879 Jane 21, 1h67 May 6,1871

Da Ang. 6,1868

Jane Nov.

8,1881 4,1880

Jane 2,1882 Jane 8,1881 Aag. 7,1878 I June 2, 1882 Jane 22, 1881 July 28. lf«0 June 12, 1888 Jane 22, 1881 Nov. 13. 1870 July 28, 1880 Jane 12, 1882 July 22, 1878 Nov. 13, 1879 July 22,1878 May 14,1881 Nov. 18. 1879 Jone 22, 1881 July 30, 1873 June 22, 1881 Oct 29,1881 May 14,1881 Nov. 13, 1881 June,22, 1881 Nov. 18, 1879 May 14,1881 July 11.1881 May 14.1881 May 12, 1878 June 12. 1880

Do.

Do.

Do. July 28, 1878 May 12,1878 June 28, 1872

Do. Hay 12,1873 Jane 12, 1880 Jone 8,1881 Mai- 5.1879 Jane 8,1881

Do.

Do.

Do. July 26. 1880 June 2, 1?82 July 26, 1880 July 2, 1882

Digitized by

Google

COLORADO.

375

D.^SUitement of surveys of mines and mill sites in Colorado during the fiscal year ending June 30) 1890, made in vonformity with the act of Congress approved Mag 10, 1872.

•p. proval.

Survey No.

Nftme of claim.

County.

188a July 2 2 2

« 6 6 6 10 10 10 10 10 10 10 10 10 12 12 12 13 13 13 15 10 15 15 lA 13 15 j 16 16 19 19 I

19 I 19 19 20 20

20 I 22 22 I 22 I 28 I

23

24

2i

24

25

27

27

30

31

31

81

81

31

81

81 I

31 'i

81 I

81 I

31

81 '

81 I 1 I 1 I 1

1 ' 1 1 I

Aug.

5020 5920 5020 5702 5708

*581l 5811 5H11 5811 5811 5811 5904 6806 5066 5886 5806 5866 6866 6866 5866 5863 5601 5601 5745 5745 5745 5854 5854 5854 5854 5834 5854 5a'S4 5887 5897 6736 5871 5871 5871 5871

*58I4 5814 5680 5660 5909 5820 5491 5491 5491 5491 5010 5821 5545 5911 5012 5013 5003 5698 5608 5698 5698 5098 5698 5698 5698 5698 5698 5698 5698 5698 5868 5704 57114 67fl4 5704 5704

Hard Cash, lode

Hard Cash No. lode

Hard Cash No. 8, lode

Hary B,lode

M.W.,lode

Dariinc, lode

Bald EasHlode

Am> rit:an Bagle, lode .*

Goldeo Baffle, lode

Spread Eagle, lode

Bald Barfe, mill site

Pride of the Weet,lode

General Bntler.lode

Monitor, lode

Muldoon, lode

Grey Eagle, lode

Kan8aB,lode

Merrimack, lode

Sherman, lode

Free and Easy, lode

Seonrity, lode

Wanhakie, lode 4,

Taylor Iron, lode

St. Lawrence, lode

Pelican, lo e

Hard Lnck,lode

Netiie,lode

Mofloow.lode

BareffMt, lode

Snow Shoe, lode

Nestor.lode

Tnnnetlode

Brook, lode

Wellington, lode

Iron Duke, lode

Spar,placer

Silver Crest, lode

RevennOflode

Pyrenttes, lode

Hal. Sayr., lode

Recluse. lode

Reel QHe, mill site

Ohio Belle, lode

Ella D, lode

Snowfllake, lode

Col. Sellers, lode

Little Johnnie, lode

SaDset,lode

Jai'kson's Best, lode

Black Prince, lode

SanUp,lode

Golden Sheen, lode

Scran ton, lode

B4«ll,Iode

Smuggler, lode

Laura, lode

Hnmboldt, lode ^

Bess, lode

Comet No. l,lode

Comet, lode

Hill Side, rode

Abbv.lode

Old Joe, lode

Golden Gate, lode

A No l.lode

Lizzie Moore, lode

O K.,lode

Comet No. 2, lode

Comet No. 3, lode

Comet No. 4, lode

Defiance, lode

Wine Patch, placer

Little Morean,lode

Queen of the Forest, lode

Triangle, lode

Emperor, lode

Pitkin.

Do.

Do.

Do.

Da

Do.

Do.

Do.

Do.

Do.

Do.

Do. Summit.

Da

Da

Do.

Da

Do.

Do.

Da Gilpin. Gannison.

Do. Summit.

Do.

Do. Pitkin.

Do.

Do.

Do.

Da

Do.

Do. Gilpin.

Rio Grande. Pitkin.

Do.

Da

Do. Bonlder.

Da Clear Creek. Dolores.

Da Boulder. Gunnison.

Do.

Do.

Do. Dolores. Boulder. Rio Grande. Dolores.

Do.

Do. Eagle. Summit.

Da

Do.

Do.

Do.

Do.

Do.

Da

Do.

Do.

Do.

Do.

Do. Bonlder. Summit.

Do.

Do.

Do.

Do.

*AaiidB.

Digitized by VjOOQIC

37rt REPORT OP COMMISSIONER OP GENERAL LAND OPPICE. B. ^Statement of surveys of nines and mill sites in Colorado, 0<c.~Continned.

Bate of proval.

188Q. Aug. 1

8 8 5 6 5 5 6 6 0 6 6 8 8 8 8 8 8 9 9 10 10 10 10 10 10 10 12 12 12 12 12 12 12 12 U 14 14 14 15 16 16 16 16 16 16 16 17 17 17 17 17 17 17 10 19 20 20 22 22 22 22 22 22 23 23 23 23 23 23 27 27 27 27 28 28 30

Survey No.

6704 6704 5870 5915 5892 5815 5638 6638

6938

5938

5605

5826

5021

5921

5021

5921

5921

6941

6016

5000

6000

5976

5806

5806

5806

5806

5702

6702

6702

5835

6917

5023

5872

5872

5588

5672

5972

5271

5886

5776

5739

5789

5739

5890

58!i0

5937 ;

5881 I

5942 !

5942 I

5042 I

5942

5812 I

5780 I

5948 '

5057

5894 i

5894 I

5945

5945

5945 ,

5945 '

6682 I

5682 I

5947

5914

6924

5924

5924

5908

6679

5889

5956 5882 5062

Nameof olalm.

Elephant, lode

Frederick the Great, lode .

Perhaps, lode

Vancouver, lode

Geyser; placer

Na1> b,lode

T.lode

Arkansayer, lode

Eaneas City, lode

Silver Wave, lode

Dolomite No. 1, lode

Dolomite No. 2, lode

Copper, lode

Tony, placer

Vulcan, lode

Venus, lode

Cyclops, lode

Stanmiin,Iode

Capidflode

Amnterdam.Iode

Bnterprlse, lode

ly,iode ..

Judy.

Little Mary, lode .

Nifcht watch, lode.

Humphrey, )ode .

Fulton, lode

Fnlton Extension, lode

Comstook. lode

Victor, lode

Consort, lode

Atlantic, lode

Accident, lode \.

Kitchen, lode

Ontario, lode

Leonora, lode

Wolverine, lode

Lake View, lode

Colorado, lode

Wyoming, lode

Liitle Link, lode

Maimie No. 2, lode

Iron Crest, placer

Little Chie( lode

Half-Moon, lode

Seven-Thirty. lode

RaiE^od Ed^e, lode :

Iron Mask, lode

Clinton, lode

Keystone, lode

Anna B, lode

Aspen, lode

New York, lode

Cleveland, lode

Maggie Mc , lode

Fori'st Queen.lode

Carbonate, lode

Monte Christo, lode

K.C.lodo

General Grant, lode

Jumbo, lode

HooRier Girl, lode

A ntumn, lode '. .

Stoneb ack, lode

S.D.,lode

Q. D.,lode. Dove's Nest, lode

Joplin, lode

Silent Queen, lode . Silent King, lode . North Star, lode.

La X, lode

Cnplul Prize, lode .....

Ln/erne, lode

Lackawanna, lode .....

Empire, lode

Golden Age, lode

Amalinim Thief,Jode Mabel, lode

County.

Summit

Do. Gunnison. Boulder. Gunnison. ' Fremont. Gunnison.

Do.

Do. Chaffee.

Do.

Do. San Juan. Boulder. Las Animas.

Do.

Do.

Do.

Do. Gunnison. Dolores. Pitkin.

Do. Dolores. Clear Creek.

Do.

Do.

Do. Summit.

Do.

Da Pitkin. Dolores.

l)o. Gunnison.

Do. Park.

Do.

Do. Lake. Pitkin.

Pitkin and Gnnnisaik Summit.

Do.

Do. Garfield.

Do. Boulder. Custer. Gunnison.

Do.

Do.

Do. Easrle. Pitkin. Gunninon. Clear Creek Ouray.

Do. HinMlale.

Do.

Do.

Do. Lake.

Do. Clear Creek. Pitkin. Gilpin.

Do! Pitkin. Gilpin. Park.

Do.

Do. Doloies. Boulder. Pitkin.

Digitized by VjOOQIC

COLOBADO. 377

D. SUitement o/turvejfs ofmktei and mill Hte$ in Cdorado, eto.~ContiDned.

Date of

PZOTAL

Surrey No.

im.

Ang. 80

6027

80

6978

80

0073

Sept 8

5063

6083

5088

6082

6082

5082

6082

•6059

5060

6044

6787

5787

5000

6006

60«i6

5788

5788

6788

5788

5556

12

5269

18

6007

18

002U

18

0«20

18

0020

18

0020

18

0020

18

6R44

U

6087

14

6018

14

6683

16

6077

10

6080

10

5056

10

60ft8

10

6808

10

5806

10

5898

10

6888

10

6898

10

5f)98

10

5898

10

5898

10

5898

10

5898

16

5898

16

5898

16

5698

16

5898

16

5808

16

5898

16

5898

16

5M)8

16

5898

16

5898

16

5898

16

6898

16

5898

16

5808

16

5808

16

5898

16

5898

16

5898

16

5898

16

5898

16

5898

16

5898

16

5898

16

5898

16

5808

16

5898

16

5898

16

6898

16

5808

NKmeofclAlm.

HfTmit. lode

Coloi ado. lode

LeoDie. Imle

Grace Darling, lode.

AdTance, lode

Argo,l«ide

Top, lode .

Mountain Boy, lode

Mountain Boy No.2, lode ,

Mountain Boy No.8, lode

Ophir,lo(lA

Ophir, mill aite

J.MrN..lode

Wm.Penn.lode

Spruce, 1o«fe

MomiDf; Star, lode

Kin(t,lode

GniflinK Star, lode

Hndaon,Iode

Champion, lode

Leual tender,lode

Fairview, lode

Sarsfield. lode

North Stor.lode

No. 2. loHe in Metropolitan Tunnel.

Wood land, lode

Forrester, lode

GoDdwilllode ,

Little An<iy, lode -...

Black Swan, lode

Denver, lode

Japan, lode.,

Lillle Lanfcton, lode

Jack Adam, lode

Iron Crone, lode

DfW Drop, lode

Silver Thistle, lode

Gardner, lode

Road Side No. 1. lode

Road Side No. 2, lode

Road Side No. 3, lode

Road Side No. 4, lode

Road Side No. 5. lode

Road Sidf Na 6. lode

South Bast Side. lode

EAst Side No. 1, lode

Elk Horn, lode ,

Apex No. 2, lode

North Side No. 1, lode

Apex, lode

Ap«*x No.S.lode

Carriboo, lode

Summit, lode

Sunnyside No. 2, lode

Snnnyside No. 3, lode

Crown Point No. 1. lode

Crown Point No. 2, lode

Crown Point No. 3, li»de

Crown Point No. 4, lode

Crown Point No. 5. lode.....

Crown Point No. 6, lode

Sunnyside No. l,lode

Suun.vsidi* No. ^ lode

Napoleon ,lode

Napoleon No. 2, lode

South Side No. 1, lode

South Side No. 3, lode

South Side No. 4, lode

South Side No. 5. lode

South Side No. 6, lode

West Wing,lode

Olev.lode

Hidden Tn^aanre , lode

Jumbo, lode

SmugeW, lode

Mountain Star, lode

Silver Spray, lode

County.

San Miguel. Pitkin.

Do.

Do.

Do.

Do.

Do.

Do.

Ik).

Do. Hinsdale.

Do. Pitkin. Ouray.

Do.

Do.

Do.

Do. Pitkin.

Do.

Do.

Do. Summit. Boulder. Cl**ar Creek Lake.

Do.

Do.

D<i.

Do. Park.

San Miguel. Park. Pitkin. Gilpin.

GnnDiaOn.

Gilpin.

Qnnuison.

I>o.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Dow

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do. .

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do,

Do.

Do.

*AandB.

Digitized by VjOOQIC

378 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE. !>. -^Statement o/survejfB ofmme$ tmd miU «ilef in Col&radOt etc. Continaed.

Date of

Surrrey

»P-, proval.

1889.

Sept 16

5698

16

5898

16

6898

16

5898

16

68i)8

16

5896

16

6898

16

5886

18

5971

18

6546

18

5887

19

5930

19

6968

19

6968

20

5882

20

5931

23

5967

23

5855

24

5H77

24

*5724

24

•6724

24

6027

26

5943

26

5943

26

6943

26

5943

86

5943

26

5943

26

6107

26

6107

26

6107

26

5996

26

6076

26

6076

26

6076

27

6068

27

5956

27

5955

27

5439

27

5440

27

5960

27

6960

27

5060

27

5000

27

5960

2K

6007

28

6007

28

6007

28

6007

28

6043

28

5850

89

6026

80

5965

30

5964

Oct 1

0066

2

5966

2

5966

2

59tl6

2

5966

2

5966

2

5966

2

5922

2

5922

2

5922

2

59i2

2

5922

2

5922

2

5022

2

5922

2

5922

2

6004

2

♦6018

2

6018

2

58»3

2

6010

2

6010

8

5993

NameofclAim.

Inm ClAd,lode ,

8»mpaoQ No. 4, lode ,

8ampM>n No. 3, lode

SMnpaon No. 2, lode ,

Smddmii No. 1, lode ,

Deldnrlta No. 1, lode

Deldorita No. 2. lode

Deldoritm No. 8, lode

GnDd Vi<>w,lode

Omega, Ifide

Larayette,lode

Omega No. 2, lode

Walliioe.lode

Mab,lode

Emma^ lode

Dome, lode

Queen, lode

Faszle, lode ,

JiiniatM, lorle ,

OM Hiekor V Jaeksoo, lode ,

Old Hickory Jaokaon, mill-site

Logan, plaoer ,

Lisde Y.. lode ,

GrafT, lode

Ooodallode

Campfleld. lode

Schalljode

Oillraore, l(ide

EhiUyVarden.lode

Little NoUle, lode

Sitting B>ill, lode

Tontine, lode

EiirvkH. lode

Little Bertie, lode

Fulton, lode

Allmnv, lode

Silver Dollar, lode ,

MatchleHB. lode

Sidd en Treasore, lode

Amina,lode

Belcher, Io<le

Euclid, lode

H<»nt);oroery.lode

Little Beth, lode

Korbeator Boy, lode

Cliff, lode

Decatar.lode

Phil Sheridan, lode

U.S. Grant, lode.

Annie Hayford.lode

Little Chief, lode

SvifM,lnde

Alabftraft. lode

Wanhineton, lode

Silver Tip, lode

Silver Dollar, lode

Silver WtHlge lode

Silver Queen, lode

Silver King, lode

Silver Star, lode

Wyandotte, lode

Pink Spur, lode ,

Arcadia, lode

Jay Eye See, lode

Superior, lode

Side Line, lode ,

Patti,lode

Neileon, lode ,

( )ooiden iHt lode

()rii*n tal, lode ,

B»lford City, lode

Iowa, lode ,

Iowa, mill site

Columbine, lode

Home Shoe, lode

Clifton Boy, lode

Caledonia, lode

*AttidB.

Conaty.

Gonniflon.

Do.

Do.

Da

Do.

Do.

Do.

Do. Boulder. Kio Grande. Clear (.Yeek. Rio Grande. Clear Creek.

Do. BlPaao.

Do. Pitkin. Ouray. Summit. Ouray.

Do. Clear Creek.

Do.

Do.

Do.

Do.

Do.

Do. Park.

Do.

Do. Lake.

Do.

Do.

Do. Grand. Pit kin.

Do. San Juan.

Da Pitkin.

Do.

Do.

Do.

Do.

Da

Da

Da

Do.

Do.

Do. Clear Creek.

Do. Pitkin.

Da

Da

Do.

Da

Da

Do.

Do.

Do.

Da

Do.

Da

Da

Do.

Do.

Da

Do. Gilpin. Cleitr Creek.

Da San Miguel. Pitkin.

Do. Eagle.

Digitized by VjOOQIC

COLORADO. 379

D. Statement of surveys of mines amd mill sites tn Colorado^ etc. Continued.

Date of

pXOTftL

Survey \ No.

1

188a

Oct. 8

6021

6021

5035

5036

9085

6088

6005

6131 I

6000 1

6010 \

6074

5004

Name of claim.

5002 5002 5002 I 6002 5002 , 5802 5002 . 6017 6017 I 6106 I 6140 I 6130 I *5407 5497 5951 5080 6003 6181 6129 6046 6147 6117 6117 6119 5992 6992 6002 5092 5892 609-2 I 5092 50»2 5002 6802 5902 5002 51^ 6884 6884 5884 5884

6985

6136

6118

6118 ,

fill8

6118

5078

5978

61182

5602

5036

5936

6112

6112

6112

6112

6112 I

6116

6116 I

6116 ;

6116 I

6116

6116 I

Li8sie,lode

Wolt'tone, lode

Sobofield, lode

American, lude

Nettie, lode

Chicago TimeB,lode

Molntoeh, iode

2a S.. lode

Victor, lode

Great Eastern, lode

Dallas, lode

Whale, lode

Hartfitrd, placer

IJte, placer

Onray, placer

St. Louis, placer

Beaver, placer

••101," placer

Abeline, placer

Nlsrht Bird, lode

Wllhelm,lode

Leap Year, lode

Teliow Jacket, lode

Crebec, lode

CroMGuttlode

Cross Cut, mill-site

Hero, lode.

MayB.,lode

Toronto Girl, lode

Limestone, lode

Monntain Spring, lode

Pride of the West, lode

Broker, lode

Ontario, lode

Old Stag, lode

W.P.Clode

Little Star, lode

Lone Star, No. 1, lode

Lone Star, No 2. lode

Lone Star No 3, lode

Lono Star No.4,lode

Matchless, lode ..'.

Lackawana Boy, lode

Carbonate, lode

Carbonate No. 2, lode

Carbonate No. 3, lode

Carbonate No. 4, lode

North Ettd.lode

Polo, lode

Plqoa, lode

Palisade, lode

Pensnln, lode

Proctor, lode

Bastem Star, lode

TenneHsee, lode

Ethlena,lode

Ariadne, lode

Extenition, lode :

>Loward. lode

Deaflhoad, lode

Little Eva, lode

Ronita, lode

Jacob Straeder, lode

Stonewall, iode

Pitkin Aspen, lode

A<<pen, lodA

Wanielllode

Hooper.lode .

Loco, lude

Franklin, lode

Diws, lode ,

Legal Ttinder. iode

Lei£Rl Tender No. 2, lode

Legal Tender No. 3, lode

Lesal Tender No. 4, lode

Legal Tender No. 5, lode

Legal Tender No. 6, lode

*AandB.

County.

Pitkin

Da Onray.

D6.

Do. Pitkin. Gilpin. Dolores. Pitkin. Bonlder. Ouray. San Mignd. Delta and Gnnniaon.

Do.

Do.

Do.

Do.

Do.

Do. San Jnan.

Do. Dolores. Lake. Dolores. Onray.

Do.

Do. Summit. Gunnison. Dolores.

Do. Clear Creek. Pitkin. Gnnnison.

Do. Pitkin.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do. San Jnan.

Do. Dolores. Clear Creek.

Do.

Do.

Do. San Miguel.

Do. Gunnison.

Do.

Do.

Do. Pitkin.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Digitized by VjOOQIC

380 BEPORT OF COMMISSIOmBB OF GBNEBAL LAND OFFICE. D.Statmnent of surwjfa ofmimM tmdmOlsUM in Colorado, 0(0.— Contioued.

Date of proTftl.

^•'

im.

Get. 16

6116

16

6116

17

6U12

17

6133

17

6144

17

601.9

17

*6(i6'2

17

6002

17

0002

18

•6171

18

6171

18

*6I70

18

6170

18

*6172

18

6172

18

6060

18

6008

18

6008

18

6100

18

5934

18

6034

16

5034

18

S034

18

6034

19

6075

19

6075

19

6075

19

6075

19

6076

19

6075

19

6058

19

5494

19

5000

19

6052

19

6057

19

6037

19

*5»97

19

6097

21

6052

21

5B62

21

6050

21

6059

21

6050

21

5954

21

6011

2i

6065

22

6006

22

6006

22

6063

22

6037

22

6138

23

6039

23

5981

23

6024

23

6024

24

6180

24

6180

24

6042

25

■♦6030

26

6030

25

6035

25

•5946

26

5946

25

6053

25

5060

26

•61&3

26

6183

26

6183

26

6183

26

8087

26

4400-3

Name of daim.

6067 6031 5890 6062 6062 6151

LeiKil Tender No. 7, lode ...

"87," lode

Brooklyn, lode

Albert, lode

Pul«r dtar. lode

Udd Cap, lode

Tif;ne,lode

Euphrates, lode

Eaphratet, miU-eite

Treasary, lode ,

Treaanry. miU-eite

Golden Ejcg, lode

Golden Egv, mlll-Hite

Topaey,Ioue

Topsey, mill-site

Eveoln^ Star, lode ^

Pembina, lode

Amerloaa Flaic. lode ^

Joseph B. Johnson, lode

Tornado, lode

Tornado N'o.2,lode

LltUe Robert, lode

Lime, lode

Quartsite.lode.

Johanna Mlninfe, lode

Balsam, lode

Spnioe,lode

Valley View, lode ^

Arci4de,lode

Keno lode <

Texas, lode.

T.P.M..lode

Dallas, lode

ZiilOflode

Gemini No. l.lode

Gemini No. 2, lode

Peak, lode

Palisa^le, mill-site

KearsarKe, lode

Kienzi, lode

Enterprise, lode

Contention, lode '.

Mammoth, lode

Lincoln, lode ,

Bemice,lode

Crvstallode

Golden Sand, lode

Olive, lode -•

Bonan8a,lode

Star Konte, lode

High Grade, lode

Lnnado, placer

Hiunie Mciore.lode

Lizzie, lode

Iraiiistan, lode

Collier, lode

Lewis, lode

Huckleberry, lode ."

U.S., i.»de

U. S, mill site

Cross Cut, lode

Mnry Newoombe, lode

Mary Newcombe,mill site

Cambrian, lode

Lucky Baldwin, lode

Dick, lode

Old Kentuck,lode

Silent Friend, lode

Prou<ction. mill site

KevstoDH, ItMle

Bouldr*r City, lode

BIuH Ribbon, lode

Orphm Girl, lode

Dttzter, lode

James Bell, lode 1.

Augusta, lode

Teegarden, lode

•AandB.

County.

Pitkin.

Do.

Do. Park. Gilpin. Lake. Clear Creek.

Do.

Do. Con^oe.

Do.

Do.

Do.

Do.

Da Eagle. Pitkin.

Do. Gunnison. Pitkin.

Do.

Do.

Do.

Do. Ouray.

Do.

Do.

Da

Do.

Do. La Plata. Lake. Coster. San MigueL Lake and Park.

Do. Lake.

Do. Clear Creek.

Do. La Plata.

Do.

Do Clear Creek. Sagnache. San Miguel. Gilpin.

Gunnisoo. Gilnln.

Pltkiii.

Do.

Do.

Do. Lake.

Do.

Do. Clear Creek.

Do.

Do. Gunnison.

Do. Gilpin. Summit. Chaffee.

Do.

Do,

Do. Lake. Pitkin. Gilpin. P.irk. Pitkin. Clear Creek.

Do.

Dow

Digitized by VjOOQIC

COLORADO. 381

T>.—Statemmi of 9wrv^9 of minM wmI mUl iiioo in ColoradOf etc^CouHnu^

Sorr^

Ko.

UMl

Ost. 80

•6787

80

6757

80

6767

80

50118

80

0064

80

6878

80

6R78

81

0064

Not. 2

6087'

6087

00U8

00U3

6008

0003

6070

6030

6028

6028

4996

4997

6191

4005

4908

6094

6094

6U91

6137

0072

6084

6060

6061

6991

4999

6045

604A

6000

5808

5m

6998

5998

5998

5996

599M

Sim

509R

5998

5098

6154

11

6047

H

6199

12

6077

18

6077

12

6122

12

6122

12

6122

12

5828

18

6092

18

6002

18

0092

U

6111

14

6114

15

6040

15

6103

10

6149

16

6022

18

6036

18

6078

19

6009

10

6217

19

6076

19

6143

19

5074

20

6040

20

6040

21

4H34

28

6158

22

6028

Kameof olalm.

Mary F., lode

Oro Fino, lode

The SUyer Age, mill dte .

Koonday San, lode

Denmark, lode ...^

Silver Cord, lode

Mark.lode

Oreat Weetem, lode

Little MelTlna, lode

Same, lode

Minnehaha, lode

Sanger, lode

Xebiila, lode

La Place, lode

Star Ronte, lode

Amy Clode

The HartroaD,1ode

Brightim, No. 2, lode

Joint Track, lode

Paddy Hollow, lode

llta,Iode

Fourth of Jnl V, lode

Mount Eathdin, lode

Humboldt, lode

Jay Eye See, lode

Bird, lode

Peon, lode

Carrarsuplaoer

Crown Point, lode

Solitary, lo<le

BifE Bonanza, lode

Tliree Brothers, lode

Penotmcot, lode

Sherman, lode

Rnllion,lode

Roberta, Itide

H.B.P..lode

Keystone, lode

Grey Lime, lode

Pas7ile.lode

San Juan, lode

San FraDcisoo, lode

Eastwrn, lode

Spar, lode

J.M.P..lode

Argenta, lode

Yankee, lode

Lota, lode

Modern Science, lode

SUr, hide

Sebraaka, lode

Silver H< »rn, lode

Sea Bird, lode

Apex, lode

Hidden Treasure, lode . . . Bedman, lode .

Lime Kine, No. 1, lode. ..

Little Chief, lode

Brooklyn, lode

Boodle, lode

Silver Bow, lode ,

Julia Fowler, lode

Hughes, lode

Switser. lode

Horse Shoe Prince, lode.

Katie, lode

O.I.C.,lode

TwUightlode

Janitor, lode

Pearl, lode

Extension Bast, lode

Cash Entry, lode

Esmeralda, lode

Sliver Crown, lode ,

Homestake. lode

Iron Edge, lode

Andrews, placer

Ooonty.

Clear Creek.

Bo.

Do. Summit. Clear Creek. Pitkin.

Do.

Do. Boulder.

Do. Gilpin.

Do.

Do.

D.. Dolores. Clear Creek.

Do.

Do. Summit.

Do. Dolores. Summit.

Do. Gilpin.

Do. ChaflTee. Pitkin.

Do. Summit.

Do.

Do.

Do. Pitkin,

Do. Custer. Pitkin.

Do.

Do.

Do.

Do.

Do.

Do.

Da

Do.

Do.

Do. Dolores. Summit. Dolores. Ouray.

Do. Pitkin.

Do.

Do. Park.

Do.

Do.

Do. Gilpin. Guunlson. ChufTee. Clpar Creek. Jelfereon* Lake. Saguache, Ouray. Pitkfii. Gilpin. San Juan. Clear Creek. Ouray. San Jnan.

Do Pitkin. Bagie. Ouray.

*A. and B.

Digitized by VjOOQIC

882 REPORT OF COMMISSIONER O^ GENERAL LAND OFFICE. D. Statement of 9urvey$ of mines and mill sites in Colorado j «to.— Continued.

Date of

SnrvBv

proTftl.

Hu^oy

1889.

Kov. 28

6026

22

6126

22

4306-4{

28

6()19

28

6019

25

6115

26

6116

25

6116

25

6115

25

6116

25

6179

26

6195

26

6132

27

6083

29

6033

20

6083

^29

6083

29

6095

29

6095

29

6095

29

6038

29

6065

29

61U2

29

6066

29

6174

29

6174

29

6(»00

80

6088

80

6088

8

6079

Beo. 8

6079

4

6211

4

6157

4

6620

5

6026

5

6926

5

50-^6

5

5926

7

6015

7

6013

7

6106

7

6161

7

5616

9

6073

9

61)60

9

6060

9

6050

9

60:.0

10

6999

11

5867

11

6189

11

6189

11

6189

11

6189

11

6189

11

6205

12

5995

12

6204

12

6061

14

6081

14

0124

14

6187

14

6187

14

6187

14

6187

14

6187

14

61 «7

14

6963

16

6044

16

6044

17

6120

17

6201

17

6201

18

6216

18

6034

19

6190

19

6169

19

6218

Name of eUdm.

Swamp, lode

Loyal XiPa^ue, lode

Little Flov, lode

Buckeye, lode

Butterfly, lode

Louisa, lofle

Blao<« Diamond, lode

Graoie, lode

Silver Chord, lode

Clipper, lode

lunsiimok, lode

Mountain Queen, lode

Santa Cruz, lode

Alcyon, lode

Partner Newoombe, lode

West Cbase, lode ,

Chase No. 2, lode

SranleyNo. 1, lode

Stanley No. 2, Inde

Staolev No.3,lode

Child Dust, lode

Lone Widdow, lode

IConteChristo, lode

Crnsaro, lode

Sundown, lode

Silver Star, lode

Hopewfll, lode ,

Annie, lode

Denver City, lode

W voniinK V alley, lode

Wyoming Valley, No. 2, lode

Rnby.loae ,

Centennial, lode

Enmka.lode

Cashier, lode

Morning Star.lode ,

Smnseler, lode

Mammoth, lode

MidniKht,lode

Legal Tender, lode .'. .

Ab«*ndeso, lode

Rocky,l<ide

Midnight, lode

Three Brothers, lode

A. A. Devore, lode

F. J. Smith, lode

Magill,lode

Victor Lee. lode

nmbria,loae ,

Mnscotte, lode

Tarira,lode ,

Dick, lode

Bwing,lode

Rncker, lode

Suien Sabe,Iode , ary.lode

M.A.P..lode

Guadaluap, lode

Myers, placer

Bunker HilLlode

Eagle PA«a.lode

Kiowa, lode

Bacon, lode

Bumsides. lode

Mary W., lode

Ro8eF.,lode

Hattie M.,lode

Iron Silver, placer ,

Result, lode ...? ,

Robert Emmet, lode

Highland, placer

Silver Glance, lode

Silver Glance, No. 2, lode . . ,

Snow Flake, lode

Time, lode

Satellite, lode

Altoona, lode

Montana, lode

Cotuty.

Dolores.

PitkiB.

Lake.

San MigueT.

Do. Eagle.

Do!.

Do.

Do. Boulder. Gunnison. Dolores. Gnnnlson. Gilpin.

Da Dolores.

Do.

Do. Ouray.

Do.

Do.

Do.

Da

Da

Do. Summit..

Do.

Lake.

Clear Creek. La Plata. Summit.

Do.

Da

Da Saguache.

Do. Ouray.

Do. Snn Juan. Boulder. GiljHi.

Do!

Do. Pitkin

Da

Da

Da

Do.

Do.

Do. Dolores. Lake. Ouray. Gilpin. Clear Creek. La Plata. Summit

Do.

Do.

Do.

Da

Do. Pitkin.

Do.

Da

Da Dolores.

Da

Do. Boulder. Lake. Ouray. Boulder.

Digitized by VjOOQIC

COLORADO. 383

D.— iStofomeMt of »urv€y$ ofmfimm and mill Htm in ColoradOf etc, Continned.

Date of

ap- proTal.

1B88. Deo. 19 20 20 SO 80 90 21 21 21 23 23 2i 24 2i 24 24 26 28 26 26 26 28 28 28 28

80

80

81

81

81

81

81

81

81

81

1800.

Jan. 2

2

2

8

4

4

4

4

4

4

4

6

6

6

6

7

7

7

7

8

10

11

11

11

11

11

11

11

11

15

15

16

16

16

16

16

16

16

16

Surrey No.

6197 *6200 6200 6200 6-JOO 6200

6232 6159 61.'i9 6101 6101 6101 6160 6141 6064 6173 6173 6173 6173

♦5443 5443

*6166 6166 6181 5020 6177 6177 6104 6104 6210 6210 6210 6210 6210 6014

6206 6142 6010 6150 6155 6155 6155 6148 6148 6148 6096 6212 6212 6178 6227 6227 6227 6223 6182 6162

Name of

Huron, lode

Jtfitrrtniac, lode

Wild Cat, lode

Tellnrid-, lode

Bismuth, lode

Merrimao, mill site

Silver Wheel, lode

Nellie (i.lode

nn1on,lode

Samoa, No. 1, lode

Samoa, No 2, lode

Gen. P. H. Sheridan, lode .

Pltkin,lode

Mayflower, lode

SamoN,No.3.1ode

Imperial, lode

WaHbington, lode

Molly.lode

Annie, lode

Dwver,lode

A1lfiion,Iode

Carbonate, lode

Carbonate, mill site

B.H.K.,lode

K. H. R., mill site

Exchequer, lode

Band of Hope, lode

Commerdai, lode

Hildretb, lode

Swan, lode

Garnet^lode

Redwood, lode

Beech, lode

Oak, lode

Maple, lode

Linden, lode

Cora^lode

Modoclode

Devil, lode

Mas^e. lode

General Hanoook, lode . .

Tat qnin, lode

Trojan, lode

Isle Royal, lode

Dayton, lode

Dean Richmond, lode .

Maldar,lode

Triton, lode

Mars, lode

Snn Set, lode

Twilight lode

, The Bendigo, lode

, Skeleton, lode

I Leviathan, lode

I Maatodon, lode

Ida, lode ,

! Eldorado No. 2, lode .... I 87, lode

Smoker,lode

L.R..lode...

J. J. C.J lode .

Snow Shoe, lode..

Salphate, lode.

Mikado, lode.

German, lode.

Little Pittsbnrgh, lode.

Cyclone, lode..

Bliazard, lode. . .

Fanny v., lode.

Ptarmigan, lode.

Gray Eagle, lode.

Eyry,lode

Condor, lode ,

Colorado BeUe, placer. I OreUa.lode

Iron King, lode

County.

Bonlder. Conejos.

Do.

Do.

Do.

Do. Lake.

Do.

Do. Onray.

Da

Do.

Do.

Do.

Do. Clear Creek. Pitkin. Lake.

Do.

Do.

Do. Pitkin.

Do. Gunnison,

Do. ChaiTee. Bonlder. Park.

Do. Bonlder.

Do. Lake.

Do.

Do.

Do.

Do. Sagnache.

*A and B.

Digitized by VjOOQIC

S84 BEPORT OF COMMISSIONER OF GENERAL LAND OFFICE. D. Statement 0/ eurveyt of wntnm amd mUl $Ue§ in CoUradOf «fo.— Continaed*

1880.

Jmu

20 Feb. 1 1 1 8 8 8 8 8 3 3 8 8 8 8 8 8 4 i i 4 6 5 5 6 6 8 6 6 8 8 8 8 8 8 8 8 8 10 10 10 12 12 12 12 12 12 12 12

8188

6183 0163

8156 6234 6234 6i)0A 6098 0t»08 6008 6008 d('98

64)OM 6098 6U08 6(108 6008 6008 6(108 6(»06 6288 6280 6070 6070 5781 50f<6 6121 6121 6121 6193 6193 6103 6 03 6103 6193 6103 6.'44 6244 62U 6244 6244 6244 6231 6231 6247 6220 6221 6203 6302 *6230 6230

61 M 6079 6243 6243 6243 6243 9^^S 6224 6224 6824 6201 6?08 6208 5053 5053 6220 6245 6245 6245 6165 6165

LMlChanoe,U>de

Cham pf on. lode

Tara'H Hull, lode

John nnIl,lode ,

Little KllA.liMle

Feteraoii. lode

Quiocy, lode ,

F»ir view. lode

jHokfloD, lode

Kt PrancU. lode

Grace L.,lode

St. Jammi, bidflce

MollieS.. lodffe

St. GeorsH, lode

Cantwell,lode

Sarah T., Itide t

Mtoa!fe,lo«ie

Selleia, lode

St. John, lode

St.. Jofl«*ph. lode

Duffy,lude

RoUertaoD. lode

8l.J<»8eph.inlll<dte

TeDwalKlode

Ri-MHtailo.lode

Elizabeth Hunton, lode

N»<l.l<Mle

AstK), lode

Denver, c^maolidated plaoer

Ptrat Chance. Indrt

Silver Qa«*en. loile

MnnchHr, lode

Aucklaiui. lode

Adelaide, lode

RriiiUane,l>de

Melbiiurne, lode

Manila. I'Mle

I>OQedin, lode

Syduey, lode

Iowa,lode

Pitkin Vi«w.lode

Park Queen. liMie

Silver Bluff No. 2, lode

Silver Bluff, lode

BUrk Chief. lo«le

War Cloa'1, hide

B<»ld Mclntvre, lode

KMWHhoy, lode

Mamt)lake, lode

Pari worth, lode

Clifton, litde

Aurora, lode

Loet Horaeilode

Miohlsan, lode

Lost Horte, mill site

Bis marek, lode

Royal, lode

Astor.lode

Arapahoe, lode

B*'n Harrison, lode

Silver Seam, lode

Salamnnder, lode

Jay Gould, lode

Highland Chief, lode

SUr Lights lo«le

New York, lode

O.Z.,lode

▲nmra.lode

Bl(;in.lode

Mavfluwer, lode

Sunflower, lode

Cameron, lode

F.andlC.lode

Delaware, lode

Yopsie Ko. 8., lode

Queen of the West, lode

Hudson, lode

•A^andB.

Baffle.

Jfflerson.

Pitkin.

Do. Boulder. Lake. Boulder. Baffle.

Do. Pitkin.

Do.

Do

Do.

Do.

Do.

Do.

1)0.

Do.

Do.

Do.

Do.

l»o.

Do. Clear Creek. Easfle. Summit

Do. Pitkin. Boulder. Eagle.

Do.

Do. Summit,

Do.

Do

Da

Do.

Do.

Do. Gunnison.

Do.

Do.

Do.

Do.

Do. Ouray.

Do. Pitkin. Ouray.

Do. Gunnison. Gilpin. Gunnison.

Do.

Do. Clear Creek. San Juan. Ouray. Gunnison,

Do.

D.».

Do. Pitkin.

D..

Do.

Do. Lake. Pitkin.

Do. Lake.

Da Sam Juan. Pitkin.

Da

Do. Onnniaon.

Do.

Digitized by VjOOQIC

COLOKADO. 385

!>, ^statement of aurveya of mines and mill sites in Colorado, etc, Oontinned.

Name of cUdm.

County.

1890. Feb. 12 13 13 13 14 14 15 17 17 17 17 17 17 17 17 17 17 17 19 19 20 20 20 24 24 24 26 25 26 26 25 25 26

Mar.

6105 8184 0184 6184 6295 6213 6289 6255 6255 6255 6226 6226

6226

*5901 6001 6901 6219 6219 6219 6800 6300 6300 6300 6800 6300 6300 6300

25

6300

26

6300

26

6318

26

6818

26

6303

26

6023

28

6256

28

6256

28

6256

28

6256

28

6267

28

6267

28

6267

28

6267

28

6297

1

6277

1

*6325

1

6325

1

6325

3

6322

8

6167

8

6167

3

6167

3

6167

3

6086

8

6086

3

5617

3

6278

3

6278

8

6278

3

6278

3

6278

3

6278

3

o27«

3

6278

3

6278

3

6278

5

6186

5

6254

5

*6250

5

6250

6

6214

9405

El^In.lode

Catalpa, lode

Mary Maria, lode

Oliver Croiuwell Derry, lode .

Hawk Eve. lode

Grand Duke, lode

Loot) Star, lode

BuitId, lode

Hallam.lode

Hyman.lode

Chance No. 2, lode

Chance No. 2, lode

Bona, lode ...

Eureka, lode .

Loco Foco, lode

Leon, lode .

Chief, lode .

Mexican, lode

Cloud CitT, lode.

Tom Bov, lode .

Unit, lode .

London, lode

London, mill site

Comstock, lode

I Florence, lode

Comfitook No. 2, lode

Undine, placer

I Yolande, placer

, Ked Cross, placer ,

Logan, placer ,

Water witch, placer

Silver Tip, placer

Fortuna, plac«r

Calcium, placer

Idalia, placer

Pacific, placer

Orpha, placer

Snowstorm No. 2, lode

Kain Storm No. 2, lode

La Neta, placer

Lost Dlaraond, lode

Grover Cleveland, lode

Aztec lode

Morninfc Star.lode

Arms, lode

Sterlini;, lode

NoUie G., lode

Conalan, lode

Dolphin, lode

CIh veland , lode

Pettie May,Iode

Atlas, IfMle

AtUs No. 2, lode

Atlas, mill site

West Vir^nla Hoosior. lode

American Girl, lode

Goldsmith Maid, lode

Alice B.,lode

Crown Point, lode

Moose, lode *

Berkshire, lode

Great Western, lode

Geneva No. 1, lode

•Genevs No. 2, lode

Geneva No. 3, lode

Geneva No. 4, lode

Geneva Na 5, lode

Geneva No. 6, lode

Geneva No. 7, lode

Geneva No. 8, lode

Geneva No. 9, lode

Geneva No. 10, lode

Clipper, lode

Thunder Cloud, lode

Prince of WalfS, lode

Banner, mill site

Hazel, lode

*A and B. L O 25

Gunnison. Pitkin.

Do.

Do. Clear Creek. Pitkin. Gilpin. Conejos.

Do.

Do. Pitkin.

Do.

Do.

Da

Do.

Do.

Do.

Do. Lake.

San Miguel. Clear Creek.

Do.

Do, Ouray.

Do.

Do. Pitkin.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do. Gunnison. Pitkin, Conejos.

Do.

Do.

Do. Hinsdale.

Do.

Do.

Do. Eagle. Boulder.

Do.

Do.

Do. Pitkin.

Do.

Do.

Do.

Do. San Miguel.

Do. La Plate. Gunnison.

Do.

Do.

Do.

Do.

Do.

Do.

Do,

Do.

Do. Ouray.

Do. Gunnison.

Do. Summit.

Digitized by VjOOQIC

386 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE. D. Statement of surveys of mines and mill sites in Colorado, etc. Continned.

DAt© of c„_,^_ ap. Survey

proval. I ^'*'

1890. Mar. fl

Apr.

6267 62» 6824 63M 6324 *6273 6273 6J78 6273 6273 6278 6288 6238 6146 6260 6192 6185 6233 6048 6270 6270 6?68 6294 6226 6225 6225 6226 6226 6226 6286 6327

6268 626M 6268 6329 6829

17

6320

18

6L88

18

6189

19

6310

]9

6341

20

6307

20

6307

20

6307

20

6307

'JO

6307

20

6307

20

6287

21

6304

21

6276

21

6276

21

6276

21

6275

22

6326

22

6049

26

6818

25

6314

26

6271

26

0812

26

6309

26

6259

26

6260

26

6269

28

6306

28

6308

81

0282

81

6282

31

628J

6344

6344

6344

6344

6344

6344

Name of claim.

County.

Alta,lo^e f.

Siffbty-nine, lode

Clio, lode.

Clio No. 1, lode

Clio No. 2, lode

Golden Crown, lode

Golden Coronet, lode

Golden Prince, lode

Golden Lin k, lode

Golden Casket, lode

Kline, mill site

Georgia, lode

Tennessee, lode

North Star, hide

Midland, l<)de

K P. Brown, lode

Chimney Corner, lode

Rose Bush, placer

Kmporia, lode

Snowstorm, lode

Rainstorm, lode

American, lode

Black Bess, lode

Ma> flower, lode

ADnie,lode

Eqiiity.lnde

Crescent, lode

Paciflc. lode

Old Judge, lode

C.S.H.H.,]ode

Long John, lode

Am)', lode

Maud S.lode

Maud S. No. 2, lode

B veuiux Star, lode

Evenioir Star No.S, lode . .

Little Annie, lode

Black Eagle, lode

Watcoga,lode

Black Bird, lode

Reynolds, lode

Tavlor,lode

Rip Van Winke,lode

Phoenix, mill site

Springfield, lode

Bomeo,lode

G.C.lode

R.G.,lode ,

Hayti,lode

Havana, lode

Baer, lode

Fisherman, lode

Edna Bxt4p>nsion, lode

Gold and Silver Coin lode .

Goloen Eagle, lode

Grand View No. 2, lode . . - .

Carpet Bagger, lude

Snow Bank, lode

Greenside, lode

Sunny Point, lode

Boston Boy,lode

News Boy, lode

Qainoy, lode

Bullion, lode

Pogue, lode

Loeber, lode

Wild Horse, lode

Fairplay, lode

Revenue, lode

Saw Tooth, lode...

Atna,lode

Arapahoe, lode

Hay market* lode

Alice B.,lode

Port Wine, lode

Newport, lode

Bridgeport, lode

Oaray. Eagle. Clf ar Creek.

Do.

Do. Boulder.

Do.

Do.

Do.

Do.

Do. Gunnison.

Do. Pitkins. Lake. Eagle. Ouray. San MigueL Ouray. Pitk&s.

Do.

Do.

Do.

Do.

Do.

I>o.

Do.

Do.

Do. Dolores. Pitkins. Clear Creek. Boulder.

o.

Do.

Do. Gunnison.

Do.

Do.

Do. Lake.

Do. Pitkins. Boulder. Gunnison.

Do.

Do.

Do.

Do.

Do. Pitkin.

Do. Clear Creek.

Do.

Do.

Do. Boulder. Ouray. GUpln. San Miguel. Ouray.

Di. Chaffee. Clear Cjeek.

Do.

Do. Chaffee.

Do. Dolores.

Do.

Do. Pitkin.

Do.

Bo.

Do.

Do.

Da

*A and B.

Digitized by VjOOQIC

COLOEA.DO. 387

V.—Statement of surreys of mines and mill sites in Colorado, etc. Continued.

Dote of

ap. pToval.

1890. Apr.

Survey No.

6344 0844 6344 6344 6344 6344 6344 6344 6344 6344 6296 6320 6311 6299 6299 *6342 6342 6:M2

3

6342

8

6342

3

4W42

3

6342

4

6246

6

6317

5

6264

S

♦6343

8

6343

S

6343

8

6343

8

6343

8

6343

8

•6343

8

6343

8

6252

9

6321

10

6276

11

6100

11

6249

14

6274

14

6274

14

6281

15

6334

15

6251

15

6251

16

6248

17

6382

IS

6127

10

6202

21

6253

21

6253

21

6253

21

6253

22

6300

22

6261

22

6301

22

6301

22

6801

22

6301

22

6301

22

6301

23

5988

23

6364

25

6346

26

6347

26

6350

26

6350

28

6376

29

6359

29

6388

30

6351

80

6351

80

6865

Hay 2

6292

2

6292

9

6134

9

6134

10

6877

Kame of claim.

Soutbport, lode

Swamp AnKel, lode

Nellie Burns, lode K.

Carbondale Loo, lode

Kitty.lode

Minnie, lode

DoUie, lode

Carrie, lode

Toboggan, lode

Ida, lode

Emma, lode

Silyer Prmee,lode

Harrison, lode ,

Giilliope No. 2, lode

Calliope No. £ lode

Forest Kins, lode

Bonanza Kmg,lode

Palmer.lode

A]ta,lode

Star, lode

Optair, lode

Forest King, mill site

Alice, lode

N. A. Cowdrey, lode

Nortliem Light, lode

Congress, lode

Son tn Congress, lode

Senate, lode

Cabinet, lode

LyriLlode

Sonth End, lode

Beet End, lode

Alaska, mill site

Vestal, lode

Sampson, lode

Soutn Lincoln, lode

Homestake, lode

Surprise, lode

Gold King, lode

Oold Queen, lode

Fitzpatrlck, lode

Grand Vieir.lode

Maggie L., lode

Maggie L., mm site

Little Alma, lode

Mineral Chief, lode

Potrin, lode

Volunteer Extension, lode

East Rough and Beady, lode ....

Retriever, lode

Pullman, lode

LaCledeJode

Nathan Rich lode

Comstock, lode :

Oeor^riana, lode ,

Tom Hendrix, lode

WUliardL.,lode

Joe Dandy.lode

Buckeye, We ,

Bob Roberts, lode ...

Denver, lode

Chloride Hill. lode

Little Pittsburg, lode

Silver Horn, lode

Tlppec«noe, lode

Eagle of the West, lode

St. Louis, lode

Old England, lode

Richmond, lode

Maud S.,lode

Harrison, lode

Argentite, lode

Heola,lode

Calumet, lode

Lost.lode

Illinois, lode

Martin, lode

County.

Pitkin.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do, Clear Creek. Ounnison. Pitkin. Ouray.

Do. Conejos.

Do.

Do.

Da

Do.

Do.

Do. Easle. Dolores. Pitkin. Conejos.

Do.

Do.

Do.

Do.

Do.

Do.

Do. Dolores. Ounnison. Clear Creek.

Do. Eagle. Boulder.

Do. Clear Creek. Lake Clear Creek.

Do. Pitkin. Clear Creek. Eagle. Gunnison. Gilpin.

Do.

Do.

Bo. San Juan.

Do. Pitkin.

Do.

Da

Da

Do.

Do. Summit. Clear Creek. GUpin. Clear Creek. Boulder.

Do. Clear Creek. Boulder. Dolores. Gilpin.

Clear Creek. Park.

Do. Ouray.

D6. Clear Creek.

* A and B.

Digitized by VjOOQIC

388 REPORT OF COMMISSIONER OP GENERAL LAND OFFICE. D.— Statement of surreys of mines and mill sites in Colorado, cte.— Continued.

Date of

ap. proval.

May

1890. 10 10 10 19 19 19

Jane

Survey No.

6348 6348 6348 6032 6353 6353 5786 5786 5786 6786 5786 5786 5786 5786 5786

28

6786

28

6786

23

5786

23

5786

23

5786

24

6355

26

6369

27

•6360

27

6360

27

6360

28

«6356

28

6356

28

6029

29

6381

29

6381

81

6396

31

6898

31

6398

81

6398

7

6331

7

*636L

7

636L

7

6361

7

6382

9

*6889

9

6339

9

6339

9

6339

9

6339

9

6339

9

6330

9

6272

9

6272

9

6357

9

6108

10

6368

10

6368

10

•6368

10

6368

10

6368

10

6368

11

6367

11

6280

11

6349

11

6349

11

6340

11

6349

11

6349

13

5619

14

6;)85

14

6415

14

6415

18

6100

18

6268

18

6268

18

6268

19

6380

24

6418

24

6418

24

6136

24

6404

26

6410

Name of claim.

Mayflower, lode

Sou flower, lode

Avoudale, lode

Sheridan, placer

Western Extension, lode.

Little Belle, lode

Grouse, lode

Nicbolfi, lode

Michael, lode

Salina,lode

St. Jacobs, lode

Fr\ er Hill, lode

Union Bank, lode

Nelson, lode

Lamsden, lode

Brink, lode

Clark, lode

Hopkins, lode

Cbarlea,lode

Silwr Cave, lode

Governor Thomas, lode . .

Niaizara No. 2, lode

Williams No. 2, lode

Williams No. 1, lode

Lakelet, mill site

Bismarck, lode

Bismarck, mill site

Tercero, lode

Ben Harrison, lode

C nesns, lode

Keystone, lode

PulitEer. lode

Lone Star,lo<1e

R. E.Lee, lode

Richard the 3d, lode

Kevstone N^o. 2, lode

Guilford, lode

Wooden Baffle, mill site . .

Carthage, lode

Banner, lode

Eagle, lode

Falcon, lode

Flag, lode

Curbstone, lode

Turbine, lode

Flag, mill site

Onyx, placer

Zinc, lode

Iron.lode

Uncle Sam, lode

Tender Foot, lode

Lillian Gray, lode

Fannie B., lode

Crown Point, lode

Epoch, lode

RoseC.,lode

J.M.E..lode

Park, lode

May, lode

Nannie Houston, lode

Contact, lode

Germauia, lode

Lissie, lode

Star,lode

Eurekfl.lode

Bodie,lode

Grover,lode

Pride of Hunter Park, lode .

Hauover, lode

Hanover Fraction, lode

Otting.lode

S.C. B.,lode

Bertha, lode

Monongahela, lode

Lake Huron, lode

Tingle Tangle, lode

Evans, lode

County.

Gilnin.

Do! San Miguel. Boulder.

Uo. Lake.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do. Clear Creek.. Gilpin. Gunnison.

Do.

Do. Bonlder.

Do. Dolores. Clear Cieek.

Do.

Do.

Da

Do.

Do. Pitkin. Gunnison.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do. Chaifee &. Fremont.

Do. Lake. Onray. Pitkin.

Do.

Do.

Do.

Do.

Do.

Do. Clear Creek. Summit.

Do.

Do.

Do.

Do. La Plata. Bonlder. :le.

Pitkin. Onray.

Do.

Do. Lake. Gunnison.

Do. San Juan. Lake. Gunnison.

•AandB.

Digitized by VjOOQIC

COLORADO. 389

T), ^statement of surveys of mines and mill sites in Colorado, etc.— Continued.

Date of

Survey

proval.

No. 0370

June 25

25

6370

25

8370

25

6370

26

6370

(379

27

6328

27

6328

27

6328

27

6328

27

6328

27

6328

27

6328

30

6330

30

*6345

30

6345 ;

Name of claim.

Coanty.

Tram, lode Fremont.

Mountain Pink,locle Do.

Gertrude K.,Iode .• Do.

Poet master, lode Do.

Alice,lode * Lake.

Marjory, lode Do.

Bright Hope, lode Summit.

Chippewa, lode Do.

Moonstone, lode Do.

Windsor, lode I Do.

Red Wlng,lode Do.

Bolivian. lode Do.

Wolftone, lode Do.

PhoBDix.lode Pitkin.

Continental, lode i Boulder.

Polar Star, mill site Do.

*A ftDd B.

"E.—Stafemenf of mineral survtySf original and amended, ordtred in fiscal year ending Jun

30, 1890.

So. of sur- veys.

.•i7 78

Nature of work.

Lodes.

Placers.

Mill sites.

Original surveys, 1889:

July

Ill 110 121 110 58 81

76 85 50 41 46 58

' 2 5 3 2

3

Aagust

8

00

September

1

62

October

7

22

November . .

40

December

2

12

1 1 4 2 8

3

39 20 19 27 29 46

Original sui-veys, 1890:

January

1

February -

1

March... " '.

7

April

3

May.....;.: ::::::::::::.:::::::::";:;:;:::::::::;::

Jane

2

505

905

42

31

1

I

"1

Amended surveys, 1889 :

July

i 8

1

Auimst ....................... ..

1

September

. .. . 1

October .*

1

November

2 2

1

1

Amended surveys, 1890 :

January

1

4

February

4

i 1 2

I

5

March...

1

I

April

2

May

'^.^v,'.'.xv.v'.v.

1

June ••

26

24

i

1

Digitized by VjOOQIC

390 REPORT OP COMMISSIONER OP GENERAL LAND OFFICE.

P. Statement of attended pla'a and aurveye ordered by General Land Office during the fiscal year ending June 30, 1890.

Date of approv- al.

Survey No.

Name of claim.

Connty.

Oct.

Deo.

1889.

Jaly 6

6

15

31

Aag. 8

22

Sept 5

10

16

26

3

8

4

11

Not. 15

20

25

11

18

18

18

1880.

Jan. 7

18

27

30

Feb. 28

ICar. 10

21

27

29

29

29

Apr. 2

2

4

5

7

9

May 10

13

16

22

June 23

26

27

I

2810 1705

799

504 1528 2269 2388 4215

704 2198 5374 5374 2217 2323

608 2153 3779

954 2316 2316

448

1090

217

B414

1885

3894 679

3290 909

4356 713 802

4283

650

979

A 377

5320 680

1990 491 916

6149

2137

4533 403

American Eagle, lode . .

JaHA,Iode

<}. M. Favorite, lode

LI ttle Bertha^ lode

White Fawn, lode

Eldorado, lode

Taeeert, lode

Golden Wonder, placer .

Mitch ner, lode

Pavmaater, lode

Robert Falton, lode

Emily, lode

Silent Friend, lode

Sapinero, lode

Ward H. Lamon,lode...

Lilly.lode

Stilwell.lode

Fairmoont, lode

Hand W.. placer

Vivian, placer

May Qaeen, lode

Gray Eaglis lode

Oberto, lode

Kiinefnindd. mill aite

Early Bird, lode

Golden Star, lode

Tenth Legion, lode

Buckeye, lode

Acroas the 0<v»an, lode. . .

White Prince, lode

Glf^ngarv, l^xle

Yati'rt, IcMlo

Bl tnik Hon se, lode

Sydney MyorH, lode

Biiltiinorc. lodo

ModoHt (iirl. lodo

Sri vouit*^, lode -

Ll viui^ston County, lode . Qne«^u uf tli« ni!l8,lode..

Liidy Jane, lodo

Lillio.lodo

St^itzer. lod^

G -: ' ' * d, lode..

Va-iiiJi . e

Tituaville, lode

Clear Creek.

Hioadale.

Lake.

Do. Summit. Ouray. San Juan. EajEle. Boulder. Ouray. Park.

Do. Ouray.

Do. Boulder. San Juan. Pitkin. Lake. Clear Creek.

Do. Lake.

Do. San Juan. Clear Creek. Gnnniaon. Paik.

Clear Creek. Gunniton. Lake.

Do.

Do.

Do. Eagle.

Clear Creek. Lake.

Do. Boulder. Clear Creek. Easle. Lake.

Do. Jeflferaon. Clear Creek. Pitkin. San Juan.

* Leadville land diatrict. t Central City land diatrict.

: Denver larnl dintrict. S Garfield land diat i ict.

O. Statement of persona employed in office of surveyor-general of Colorado during fiscal

year ending June 30, 1890.

Name.

E. C. Humphrey

W. F. Gowdy

W. H. Hancock

RJ.Fiah

W.L.Hull

J. A. Gooch

J. M. Shannon

W.H.Holmea

O.E. Harria

E.S. Davis

P. H. VanDieat

W.P. Jones

W. P. Carat arphen

Capacity.

Name.

Capacity.

Surveyor-general. Chief clerk. Clerk.

DraughtamaiL Clerk?

Do.

Do. Draiightaroan. Clerk.

Chief of mineral division. Chief of laod diviaion. Drnagbtaman.

Do.

E. T. Woodson

Anna Dawson

M.G.Marsh

M.A.Camp

C.A.Walker

G.T. Blair

i Geo. W. House

1 A. E. Ix)we

Draughtsman.

Do.

Do.

Do.

Do. Cleik,

Do.

Do.

; T.E.Jenkina

Geo. K.Kimball

Evelyn Meldrun ....'. . Thomas H. Bates . . . Sam'lSplatt

Do. Do.

Digitized by VjOOQIC

COLORADO.

H*. Statement of appropriation for surveyor-general and clerks.

391

Dftte.

Diabarsetnento.

Amount

Totah

1889. Sept. 3D 30

Paid surv6yor«seneral

$625.00 1,455.00

Paid clerks

Paid iiQrTevor>sr606ral

$2,080,00

Beo. 81

625.00 1,443.70

31

Paid clerks .-•

1800. Mht.

Paid BurTevor-ffeneral

2,068.70

62&00 1,408.50

Paid clerks

Paid snrveyor-general

Paid clerks

2,028.50

Apr. 10 10

6a 68 120. 12

Paid siirvf*vor*ireiieral ..............■■.........*.......••............

197.80

Jiii)o30

566.36 1, 567. 69

30

Paid dorks

2,124.05 .95

BalADce Qnexpended ..•.

1880. AvLg. 17 Nov. 0

COHTRA.

Draft fW>m United States Treasurer

2, 125. 00 2,125.00

2,125.00 2, 125. 00

. ..do

1800. Jan. 25

...do

May 8

do

Bftlarr^^ on hand due United States...... ,......-

8,500.00

8,500.00

July 1

.05

IP. Statement of appropriation for contingent expenses.

Date.

Amount

Total.

1889. Sept 30 Dea 81

Paid for office rent

$375.00 375. 00

....do

1890. Mar. 31

..do

375. 00

June 30

. do

333 ^79

Balance unexpended

41.21

1889. Auk. 17 Xov. 9

CONTRA.

Draft from United States Treasurer

$375.00 37&00

875.00 37&00

...do

1890. Jan. 25

... do .*

May 8

....do

Balance on hand due United States

1,500.00

1, 500. 00

July 1

41.21

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392 REPORT OP COMMISSIONER OP GENERAL LAND OFFICE. K^.^Siatement of appropriation for inspection of surreys.

Date.

Disbunemeiita.

Anionut

Total.

Jan© 30, 1890

Paid for insDection T. 8 S. R.88 W

$75.45

BalaDCd nnexpended

1, 324. 65

May 8.1890

OONTBA.

Draft from United States Troasnrer

$1,400.00

Balance on hand dae United States .....*

1,400.00

1,400.00

July 1,1890

1, 324. 55

H**. Statement of special deposits made by individuals.

Date.

18

I

Jaly 1 Balance as per last rei>ort .

31

AuR.

31 1

Sept. 30 1

Oct.

31

Nov.

30

Dec.

31

1800. I

Jan.

31

Feb.

28

Mar.

31

Apr.

30

May

31

June 3U j

Feb.

28

Feb.

28

May

3

Juno

7

1888.

Aug.

17

Nuv.

9

1890. 1

Jan.

25

May

8

Jane 30

1890.

July

1

Deposits for mineral surreys .

...do

...do

...do

...do

...do

..do

...do

...do

...do....'.

.. do

. do

Deposits for Rico townsite ,

Deposits for Claim No. 2, V. & Stv V. grant..

Deposits by Oney Catstarpben

Depo.sit8 for Aspen lownsite

COKTRA.

Dratt from United States Treasurer., ..do

...do.... .. do.... Balance .

Balance .

Amount. I TotiU.

(

$11,039.96 $11,039.96

8,587.50 4, 137. 50 , 4,029.01 I 3.225.25 I 2,110.00 3,085.00 I

3. 070. 00 1, 182. 50 2,095.00 1,512.50 1, 880. 00 2, 020. 00

25.00

6.08

1,495.42

25.00

10, OQO. 00 10,000.00

10,000.00 8,000.00 7,425.71

46. 426. 71

34, 3^5. 75

45, 425w 71

7, 425. 71

I. Deputy mineral surveyors on active duty in the field.

Name and address.

Jacob J. Abbott, Lake city

James W.Abbott, Ouray

Osmer H Aikine, White Pine

Albert £. Aims. Kico

Max Boebmer, Lead ville

Ebenezer C. Babbitt^ Aspen

Frank L. Biddlecom, Ouray

Blair Burwell, Durango

Francis F. Bruni, Fair Play

Henry D. Bat eh, Aspen

Christopher S. Batterman, Aspen

Edwin K. Chnse, Central city

Leonard Cutshaw, Denver

Charles B. Cramer, Brcckenridge

Benjamin L. Cress, Red Cliff

Thomas P. Crai^r, Aspen

Charles W. Comstook, Golden

William A . Carlyle, Aspen

Jan. Feb. July Oct Jan. Ftb. July Nov. Feb. Jan. Mnr. Jan. July July Ang. May Nov. Mar.

17,1890

14, 1890

10, 1888

15. 1888

17, 1890

8.1890

7,1885

3,1888

27, 1890

25,1890

31, 18c 0

17, 1890

21, 1^83

15, 1884

4,1884

16, 1887

10,1888

12.1880

' Albert E. Chase, Georcotown

John C. F. Christian, Leadville

Harvey G. Denniston, Denver

Thomas L. Darb v, Lea<i ville

James Dyson, Sfl verton

Ernest LeNeve Foster, Georgetown

William J. Fine. Gunnison

John E. Field. Denver. ^

J. Sire Greene, Denver

James M. Gardner, Del Norte

I George R. Hurlburt^ Ouray

Victor (J. Hills, Puel.lo

Robert W. HoUis, Silvei ton

William H. Holmes, Silver Cliff . .

EUerv W.Hunt, Rico

Frank D.Howe, Aspen

George Holland. Leadville

Lee Hayes, Aspen

Feb.

Apr.

Sept

Feb.

Mar.

Nov.

Feb.

Mar.

Sept

June

Jane

Dec.

Dec.

Mar.

July

Oct

May

Jan.

27,1890 28,1890

9,1884

8,1890 25,1890 12, 1889 27,1890 25,1890 18, 1882 23,18^

1,1885 14.18h3

8,1884 26.1884 10.1886 29,1887 21,1888 17,1880

Digitized by VjOOQIC

COLORADO. 393

I. Deputy mineral surveyors on active duty in the field— Continued.

Name and addresa.

CommiB- Bioned.

Frank F. Johnson, E«t4ibrook

Thomas W. Jay cox, Leadville

Finney Jones, Irontitn

August Kopp^ Silver Cliff

S. ISmmett Kirkcndall, Saguache. .

Henry C. Lav, jr.Tfllaride

William C. Cacy, Carbondale

Theodore H. Lowe, Colorado i

Springs. I

George N. Law, Rico

George E. Marsh, Georgetown

Frank P. Monroe, Glen wood

Springs.

Charles J. Moore, Lendville ,

MarccUns T. Moi ri . 1, Golden

Jesse F. McDonald, Robinson

George T. McDonald, Aspen

Frank A. Maxwell, Georgetown ...

Alexander J. Mitchell, Aspen

Charles W. Miller, Aspen >

Arthur A. Miller, Platora I

George Mills, Ouray

John H. Marks, Aspen

Augu»te Mathez, Central city

TheophilnsS. Mathis,Telluride ..

George W. Nyce, Aspen

George D. Nickel, Del Norte

John O'Connor, Montrose

Wi Ilia m Byrd Page, Leadville

William H. Powless, Alma

Oct 9, 1882 Aug. 28, 1885 Mar. 25. 1889 Oct. 15,1883 May 28,1888 Aug. 7,1883 May 3, 1888 Feb. 8, 1890

June 30. 1890 Feb. 8, 18S^ Feb. 8, 1890

Apr. 14,1885 Jan. 24, 1883 Hay 12,1}<83 Apr« 15. 1869 Sept. 9.1884 Jan. 14,1886 Mar. 29, 1887 Aug. 12, 1889 Jan. 17,1890 Apr. 24,1888 July 21, 1888 May 2, 1890 Apr. 16,1888 Jan. 17,1890 Feb. 13,1889 Ang. 2.1886 Oct. 14,1885

Joseph Paxton, Abuen

Howard Piatt Leadville

William H. Rose, Yampa

Charles A . Russell. Boulder

Samuel A. Rank. Central oitv. . ..

George M. Robinson, Leadville

Fmnk P. Swindler, Glenwood

Springs.

Richard A. Skuea, Pitkin

Caryl W. Smith, Red Cliff

Edward S. Snell, Boulder

John J. Steavenson, Denver

Charles F. Saunders, Aspen

Fred. H. Stevens, Idaho springs . . . Edwin A. Sperry, Bieckenridge...

James F. Smith, Fair Play

John A. Storm, Denver

Samuel J. Spray, Salida

Robert R. Sterling, Crystal

Htlgh R. Steele. Breckenridge

George W. Teal, Boulder

Alfred Thielen, LeadviUe

Heiliger J. Van Weterlng, Buena

Vista. Walter H. Wilev, Idaho Springs. .. Edward R. Warren, Crested Butte Georffe B. Walker, Breckenridge . . Charles A. Walker, Breckenridge.. Porter P. Wheaton. Georgetown. . . Thomas Withers, Denver

Commis- sioned.

Sept 18,1889 Feb. 8, 1890 Aug. 23, 1883 Feb. 8, 1890 Jan. 17.1890 Jan. 7, 1890 Apr. 17,1883

May 18,1886 May 15,1886 Oct 19,1886 Mar. 23,1888 Oct 12.1888 Dec. 1, 1888 Feb. 25.1889 Apr. 29.1889 Jan. 17 , 1890

Do.

Do. Feb. 8, 1890 Feb. 25,1889 Jan. 17,1890 Mar. 8,1883

Ang. 23, 1883 June 12,1885 July 28,1885 Feb. 8,1890 Aug. 25^1886 Aug. 2,1887

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BEPOBT OF THE SUBVETOB OEHEBAL OF DAKOTA.

Unitkd States Surveyor-General's Office,

^irron, S, Dak,, July 17, 189J'.

In compliaDce with your circular letters £ of April 23 and July 3, 1890, 1 have the honor to submit, in duplicate, my report of surveylui;^ operations in this district for the fiscal year ending .June 30, 1890, with tabular statements, as follows:

A. Showing contracts entered into on accoopt of appropriation of $20,000 for survey of public lands for the fiscal year ending June 30, 1890.

B. Showing contracts entered into on account of apportionment made to Dakota ($93,000, March 17, 1890) for the survey of ceded Sioux Indian lands, act approved March 2, 1889.

No contracts were entered into during the fiscal year on account of special deposits by individuals for the survey of public lands, and no deposits were made lor such surveys.

The following table shows the number of miles of public surveys in this district upon which office work was completed and returns transmitted during the fiscal year :

Standard lines

Galde meridiaus

Township and range lines.

Section lines

Meander lines

Conneotins lines

Boandary lines

Betraced standard lines. . . . Retraced township lines . .

Retraced section lines

Retraced boandary lines...

ToUl.

Measurements.

mu$. Cits. Lk$.

82 18 64

47 78 Al

360 M 23

2,219 43 96

50 07 00

13

64

28

129

47

15

1..

8

40..

2

7

49

1

67

43

2, 926 40 55

Township plats prepared (46 townships subdivided) 138

Exterior diagmms prepared 8

Mineral plats prepared 192

The aggregate of deposits for ofiRoe work on account of mineral surveys during the year amount

to : $2,4P0

For additional reports 30

Total 2,510

Total 81

Mineral surveys approved . - 35

Amended mineral surveys approved 1

Total 36

Placer claims examined and reported 6

Very respectfully,

BoETius H. Sullivan,

Surveyor-Ge^ieraK Hon. Lewis A. Grofp,

CommiB9ioner General Land Office, Washington, D, C, :W4

Digitized by VjOOQIC

DAKOTA.

396

A. StatemeHt showing ooniraeis entered into on account of apportionment of |20,000, fn<ide to Dakota for the survey of public lands during the fiscal year ending «/uit6 30, 1890.

34

Sept 14

Oct. 0

35 Nov. 12

1890. Feb. 15

46

50

Feb. 21 Feb. 18

Charles H. Bates and RoecoeE. Watson.

WiUiam Alloy

George W. Cooley . . .

Roscoe E. Watson. .

George W. Cooley. ...

Gforo:e X. Dike and Louis G. 8 tine

Mar. 27 Richard G. Anderson and Porter Warner.

....do...

Apr. 1 June 28

FiankS. Peck .

Roscoe K. Watson. ...do

The sub<11\ i-ioiisl hikI meander linpsof Ts. 160, 161 and 162 N.. Ks. 65aud 66, T. 160 N., R. 67. andT. 167 N., R. 68; all west of the fifth principal meri- dian, Dakota.

The section and meander lines of the nnsnrreyed portions of Tr. 126 and 127, N., R. 62 west of the fifth principal meridian, Dakota.

The lines between Rs. 2 and 3 and 3 and 4, throafh Ts. 7 and 8; the lines between Ts. 6 and 7 and 7 8, f hroueh Rs. 3 and 4; the lines between Ts. 7 and 8, fhrongh R. 2; also, the subdlvisional lines of Ts. 7 and 12, R. 1 : Ts. 8 and 10 and 12, R. 2 ; Tr. 7 and 10, R. 3, and T. 7, R. 4 : all east of the Black Hills meridian and south of the Black 'Hills base line, Dakota.

The subdivisional and meander lines of T. 150 N., R. 61 ; of Ts. 158, 159 tad 160 N., R 62; uf Ts. 158, 150, 160 and 161 N., R. 63, and of Ta. ISO, 160, 161 and 162 N.. R. 64; aU west of the fifth prin- cipal meridian, in the State of Korth Dakota.

The sabdivlaional lines of T.9S., R8.2 and 8 E. of the Black Hills meridian. South Dakota.

The subdlvisional and meander lines of T. 156 N., R. 59 : Ta. 157 and 158 K, Rs. 60 and 61 ; T. 167 K., Rn. 62 and 63; Ts. 164 and 155 N.. R. 69; Ts. 150. 151, 152, 153. 154 and 155 N., Rs. 70 and 71 ; and Ta. 154 and 155 N , Rs. 72 and 73; all west of the fifth principal meridian, Dakota.

Th« second standard parallel firom the line be- tween Rs. 8 and 9, to the meridian of ]03o W. from Greenwich ; all township and ran{(e lines between the west boundary of R.9 and said rooritlian of 103°, and between the first and beo- ond htflndard parallels ; and so much of guide meridian, township and range lines, as are north i ofthH ilrHt standard parallel, east of said merid- ian of 103° s<mth of the north fork of the Cheyenne river and west of the south fork of said rivrr ; all north of the Black Hills baseline and east of the Black Hills meridian. South Dakota.

The subdivistonal and meander lines of so much of T. 5 of Rs. 10, 11, 12, 13, 14 and 15, as lies south of the norih fork of the Cheyenne river and west of the south fork of said river; all north of the Black Hills base line and east of the Black Hills meridian, South Dakota: Provided, howev«'r. that surveys shall not be made of any sections we^t of or inter>ected by the meridian of 103° west of Greenwich.

The subdivisional and meander lines of Ts. 155 and 156 N., Rb. 74 and 75 ; all west of the fifth prin- cipal meridian. Noith Dakota.

The snbdiviaionat lines lof T. 17 N., Rs. 2 and 3 B. of the Black Hills meridian, South Dakota.

$2,470

126 2,550

3,700

610 8.000

200

300

1,220 640

Total.

19, 815

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396 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

B. Statement sharping oovtnutB entered into on acoovnt of apportionment made to Dakota ($93,000, March 17, 1890) for Ihe survey of aded Sioux Indian landSy act approved March 2. 1889.

No.

39

40

41

43

44

1890. Mar. 12

...do..

...do..

Mar. 27

Di'puty.

Horace J. Anstin.

Character and location of work.

Batimated

MileaT.WooUey.

Edwin H. Van Ant- werp.

Bwiffbt C. Rice and Edwin H. Van Ant- werp.

.do..

Cyrus WnltRiind Mon- roe Warner.

.1 The Black Hills base line from the sonth fork of the Chevenne river to the west boundary of R.

I 79 W. of the fifth principal meridian; the

I fourth, fifth, and aixtbjiruide meridians Aram the said base-line to the first standard parallel north, and the serenth guide meridian from the White river to the first standard parallel north ;

I nil east of the Black Hills meridian, South

Dnkota. .1 The first i^tandard parallel f^om the south foik

I of the Cheyenne river to the Misnonri river ;

I the second standard parallel from the Big Chey- enne river to the Mii*Bonri river^ and the fifth, sixth, and seventh fniide meridians from the

I first standard parallel to the most northerly in-

I tersected boundary of the lands of the Great

1 Sioux Indian Kesi'rvation. ceded per act of Congress approved March 2, 1889; also^ the north and west boundaries of T. 5, R. 20 ; all

I ease of the Black Hilln meridian and north of the Black Hills base line. South Dakota. The northern boundary of the Ix>wer Urul6 In- dian Reservation; so much of the forty-fourth degree of norih latitude as forms a portion of the south boundary of said reservation, and the remainder of paid south boundary ; also the first standard parallel through Rs. 76, 77, 78, and 79 ; the second standard parallel from the closing comer thereon of the line between Rs. 79 and 80 W. to the standard comer thereon of the same range line, and the line between Ra. 79 and 80 from the White river to the northwest cor- ner of the said renervation ; alro the retrace- ment of so much of the line between Rs. 72 and 73 as forms a boundary of said reservation ; all west of the filth principal meridian, South Da- kota. All surreys necessary for the completion of all exterior and subdivisional and meander lines, between the base-line and the first standard parallel north, from the east bank of the Mis- souri to and including the lines between Rs. 78 and 79. excepting American island, in the Mis- Houri river; and the subdivisional and meander lines of Ts. 102 and 103 N., R. 76, and T. 103 N., R 77; also retrace the baseline fiom the west bank of the Missouri river to the closing cor- ner to T. 100 N., Rs. 73 and 74 ; thence survey and mark the east boundary of the Rosebud Indian Reservation due north to its intersec- tion with the right bank of White river; all west of the fifth principal meridian : Provided,

j That no surveys be made within the Rosebud Indian Reservation. Also, survey, mark, and establish all standard township, section, and meander lines between the Black Hilla baae- line and White river, from the seventh guide

I meiidian east of the Black Hills principal me- ridian, to the west boundary of R. 79 W. of the fifth principal meridian; all in the State of South Dakote. The line between Ta. 103 and 104 N., R. 79 ; ihe line between Ts. 105 and 106 N., R. 72, 73, 76, 77,

I 78, and 79, and the lines between Rs. 76 and 77, 77 and 78. and 78 and 79, through Ts. 105 and 106 N. ; also complete the subdivisional and

' meander lin« s of Ta 102 and 103 N.. R. 76 ; T. 103 N.. R. 77 ; Ts. 103 and lOl N., R. 79 ; T. 105 N., R. 71, and Ta. 105 and 106 N., Rs. 72, 73, 74, 75, 76, 77, 78, and 79 ; all west of the fifth pi in-

I cipnl meridian, South Dakota : Provided, That no si.rvey be made within any existing Indian reservation.

$2,000

2.050

1,350

9,660

6,000

Digitized by VjOOQIC

DAKOTA.

397

B. Statement showing ofmtraots etiiered into on account of apportionment made to Dakota (193,000, March 17, 1890) /or the survey of ct4*'d Sionx Indian lands, c<c.— Continued.

No.

45

47

48

49

52

53

.do.

..do....

.do.

May 8

liar. 27

Deputy.

Biohard G. Anderaon and Porter Warner.

George S. Gheyney.

SliBatterwortb .

Franks. Peck.

Dell B. Piper and Hiram A. Sonle.

Thomas F. Marshall.

Character and location of work.

, Eatimated cost.

The second standard parallel from the meridian of 1030 west from Greenwich to the fourth fniide meridian; the third fraide meridian and the fourth euide meridian, both through Ts. 5, 6, 7, 8. All township and ran^re lines between Mtid meridian of 103^ and the fourth iniide me- ridian, and between the second standard par- allel and the north fork of the Chej^enne river, indndinfl: the line between Bs. 16 and 16. through Ts. 5, 6, 7, 8 ; also the sobdivisional and meander lines of Ts. 1, 2, 8, 4 of Ks. 14 and 15, and Ts. 2, 8, 4 of B. 16: all north of the Black Hills base line and east of the Black Hills meridian. South Dakota: Provided, hotower. That no sur- reys shall be made south of the north fork of [ the Cheyenne river and west of the south fork of the same river.

All township and range lines between the south fork of the Cheyenne river and the line be- tween Bs. 18 and 10, including the last-named line, and between the Black Hills base line and the first standard parallel north ; also the sub- divisional and meander lines of so much of Ts. 1, 2, 8 S , B. 13 ; Ts. 1, 2. 8, 4 8.. Bs. 14, 15, 16. and T. 1 N.. B. 16. as lie north of the Pine Bidge Indian Beaervation and east of tiie south fork of the Cheyenne river: all east of the Black Hills meridian, South Dakota.

The north linear boundary of the Pine Bidge In- dian Keservation; the third guide meridian (line between Bs. 12 and 18), and the lines between Bs. 13 and 14 and 14 and 15, from said reservation boundary, to the Black Hills baseline; the lint's between Ts. 1 aud 2, 2 and 3, and 8 and 4 S., through Bs. 13 and 14 ; the line between Bs. 10 and 20. through Ts. 1 and 2 N., and the lines be- tween Ts. 1 and 2 and 2 and 3 N., through Bs. 10 and 20; also the subdirisional lines of T. 1 S., B. 18. and Ta 1 and 2 N.. Bs. 10 and 20; all east of the Black HUls meridian, South Dakota : Provided, hotoever, that no surveys shall be made west of the south fork of Cheyenne river.

The subdivlslonal and meander lines of so much of Ts. 4, 5, 6. 7, and 8, Bs. 10, 11. and 12; Ts. 5, 6, and 7. B. 13; aud T. 5, Bs. 14 and 15, as Ih-s north of the north fork of the Cheyenne river and eaHt of the south fork of said river ; all north of the Black Hills base line and east of the Black Hills meridian. South Dakota: Pro- vided, however, that surveys shall not be made of any sections west of or intersected by the meridian of 103^' west from Greenwich.

The fifth guide meridian iline between Bs. 20 and 21) and the sixth guide meridian (line between Bs. 24 and 25), fi^m the Black Hills base line to White river, and all township, range, and sub- division liufs between said firth and sixth fuide meridians from the Black Hills base line ft White river; also the subdivisiooal lines and meanders of Ts. 7 and 8 N., ttom the line be- tween Bs. 23 and 24. to the east bank of Mis- souri river ; all townships between the second standard parallel north and Cheyenne river which lie west of the line between Bs. 26 and 27. and T. 8 N., B. 23: aU east of the Black Hills meridian. South Dakota: Provided, that no surveys are to be made within any existing Indian reser\'ation.

AU township and range lines between the fifth and sixth guide meridians and between the 31ack Hills base line and the Big Cheyenne river; also the subdivisional and meander lines of Te.l and 2, B.21, and Ts. 1, 2, 3, 4, Bs. 22, 23, 24; all north of the Black Hills base line and esst of the Black Hills meridian. South Dakota.

$5,800

6,000

8,000

5,700

0,000

6,000

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398 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

B. Statement ehowing oontraota entered into on account of apportionment made to Dakota (993,000, Maroh 17, 18^) for the eurvey of ceded Sioux Indian lands, eto.— Continued.

No.

64

55

65

67

58

50

60

61

62

Bate.

1800. Mar. 27

..do...

...do.

..do...

..do....

..do.

May 8..

...do.. ..

..do...

Depaty.

MilMiT.WooUoy and Biruey C. WooUey.

Frederick W. Petti- grew and Frederick C. Flickinger.

Carl Gnnderaon .

Character and location of work.

Charles H.Batea.

George W. Carpenter.

Horace J. Aaatin .

OleQuam.

B. Channing Chllcott.

Horace J. Austin, and Elbert D. Hawkins.

AU township lines between the first standard parallel and Cheyenne river firom the sizth gnide meridian to the east bank of the Missouri rlTsr, and the subdivlsional lines and meanders of all townships between the second standard parallel and Cneyeune river fVom the line be- tween Rs. 26 and 27 to the east bank of Mis- souri rlrer; all north of the Black Hills base line and east of the Black Hills meridian, Sonth Dakota.

The snbdiTisional lines and meanders of Ts. 6 and 6 K. of thw Black Hills base line from the line between Rs. 22 and 23 to the east bank of Missouri river; aU east of the Black Hills meridian, South Dakota.

AU township lines between the sixth and seventh

' guide meridians from White river to the first

standard iwrallel north, and the subdivisional

' lines and meanders of sit townships in B. 38

I from Whit« river to the flr«t standard parallel

north, snd Ts. 1 and 2 N., R. 20 : all east of the

BlM'k Hills meridian. South Dakota.

. The west boundaries of the Standing Rock and

I Cheyenne Kive^, Sioux Indian Reservation, the

same being the meridian of 102<' west from Green-

I wich, from the south fork of the Cannon Ball

I river to the Cheyenne river; also the subdl-

vislunal and meander lines of T.8,R.13; Ts.

6, 7, 8. Rs. 14 and 16; and Ts. 6, 6. 7, 8, R. 16; aU

north of the Black Hills base line and east of

the Black Hills meridian, Sonth Dakota.

The subdivisional lines and meanders of Ts. 1, 2, 8, and 4, Rs. 17 and 18; Ts. 8 and 4, R. 21 ; all town- ships in Rs.21 and 22 between the first stand- ard parallel and Cheyenne river, and T. 7, R. 28; all norih of the Black HUls base line and esHt of the Black Hills meridian, Sonth Dakota: ProviAed, that no survev be made within any existing Indian reservation.

AU meridian, township, section, Mid meander lines between the Black HiUs base line and the first standard parallel firom the seventh guide meridian to the east bank of Missouri river, excepting the subdivisional survey of Ts. 1 and 2, R. 20, and also excepting Farm island, in the Missouri river; all north of the Black Hilla base line and east of the Black H^ls meridian. South Dakota: Provided, that no surveys be made within any existing Indian reservations.

The fourth guide meridian (between Ks. 16 and 17) and the lines between Rs. 16 and 16, 17 and 18, through Ts. 1, 2, 8, and 4 ; the lines between Ts. 1 and 2,2 and 8, 3 and 4. through Rs. 15. 16, 17; snd the east and south boundaries of T. 1, R. 18; also the subdivisional and meander lines ^it Ts. 1, 2, 8, 4, S., R. 17; aU south of the Black Hills base line and east of the Black HUls meridian. South Dakota: Proridsd, Aotoeosr, that surveys sbaU not be made within the Pine Ridge Indian reservation.

The line between Rs. 10 and 20, through Ts. 8 and 4 : the line between Ts. 8 and 4. through Rs. 10 and 20 ; the west and north bounaaries of T. 5, R. 10; also the subdivisional and meander lines of Ts. 3, 4, and 5, Rs. 10 and 20 ; all north of the Black Hills base line and east of the Black Hills me- ridian. South Dakota: Provided, however, that surveys shaU not be made within any existing Indian reservation.

The subdivisional and meander lines of all town- ships in Rs. 25, 26. 27, from the first standand parallel north of the Black HUls base line to the left bank of White river, exoeptingTs. 1 and 2 N., R. 25; aU east of the Black HUls meridian. South Dakota.

Total

Bstimated cost.

13, 000

6.000

4.000

5.100

2,000

2,100

6k 000

02.750

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REPORT OF THE SXJRVEYOR-OENEBAL OF FLORIDA.

United States Surveyor-General's Office,

Tallaha89eey Fla,, July 7, 1890.

la compliance with instractions oontftined in yoar circular letter £, dated April 23, 1890, 1 have the honor to sabmit, in dnplioate, the annual report of this office in rela- tion to the surveying serrice in thin district dnrins the fiscal year ending Jane 39, 1890. I also submit daplicate t^ibolar statements as follows :

A. Number of townships surveyed and miles ran.

B.— Number of plats and transcripts made.

C. List of contracts entered into.

D.— Plats and descriptions of private claims for patents.

There have been portions of two townships surveyed upon petition of settlers, con« taining 2 miles 14 cnains 45 links of line.

A contract was entered into with R. F. Ensey, by special instructions furnished him January 3, 1890, for the survey of an jsland in T. 8 S., K. 23 £., and his field notes were retnrued to this office ; but, being found defective in essential points, they were returned to him for correction. He has since abandoned the survey.

Under directions from the General Land Office I have recently issaed special instr ac- tions to R. B. Bnrchfiel for the sarvey of an island in T. 37 S., R. 41 E.

No contracts payable from general appropriation have been entered into, there hav- ing been no appropriation set apart for extending public surveys in this State daring the current fiscal year.

No examinations of field work have been ordered or executed.

There are no arrears of office work uncompleted in this office ; but quite an amount of such work has been carried to completion during the last half of the fiscal year.

There are to m^ knowledge no deficiencies remaining nnliqaidated arising under previous appropriations.

There have been made and approved six plats and d^criptions of private land claims and three township plate by requisition of the General Land Office; also two plats, in triplicate, of lands surveyed as above stated.

Three lists of swamp and overflowed lands selected by the State of Florida, cover- ing 1,086 acres, have been presented in due form by the proper State officer, under act of Congress of September 28, 1850, and were examined and approved by this office. Duplicate copies thereof were transmitted to the General Land Office and triplicate copies to the Gainesville land office.

Another list was presented for approval, bnt upon making personal examination of the lands included they were found to be not such as are described in said act as swamp and overflowed, and the selection was therefore rejected.

Documents have been transmitted to the several land offices, to other officials, and to individuals during the past fiscal year, as follows :

General Land Office :

Letters and reports ,... 77

Diagrams 2

Plats and descriptions, private claims for patent 6

Plats of new surveys 2

Transcripts of field notes of same 2

Lists of swamp lands selected 3

United States land office at Gainesville :

Letters 7

Diagrams 2

Plats of new sarveys 2

United States Treasury Department, letters 20

Secretary of Interior, letters 2

Florida State officers, letters 4

Individuals, letters 144

Total 4 273

399

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400 KEPORT OF COMMISSIONER OP GENERAL LAND OFFICE.

OFFICE PROPERTY AND RECORDS.

On December 13, 1889, I took charge of this office, receiving from my predecessor, Hon. W. D. Bloxham, the property thereof, which was found to correspond with the official inventory. Many of the volumes of field notes were found with their binding in a torn and injured condition. I have caused them to be repaired without expense to the department, as a temporary means of preserving the volumes until rebound. The index diagrams of the records being found incomplete and so worn with age and use as to be unserviceable, I have had new indexes constructed and carefully verified.

Of the nineteen volumes of township plats several are in bad condition both as to the binding and the plats themselves. Many plats seem to have been injured by the wear and tear of putting such lar^e volumes in cases where they stand on ed^e, beinff constantly taken out for nse. If the cases could be fitted with rollers on which each book could rest horizontally, it would prevent further injury from that cause. Sev- eral of these plat-books should be rebound, and the maps that are torn or defaced should be replaced by new ones reprotracted from the field notes.

MINERAL LANDS.

No surveys have been made by direction of this office under the* laws relating to mining claims. I have received several applications for the appointment of United States deputy surveyors of mineral lands ; but as I have received no authority to make such appointments, and no instructions whatever from your department relat- ing to these mineral lands, I have simply filed the applications for future action.

Great activity has prevailed for several months past in various counties of Florida in prospecting and staking valuable and extensive deposits of the mineral known as phosphate rock : and at certain places the work of mining and shipping this substance is being conducted on a large scale. It can hardly be doubted that the discovery of these deposits in Florida, exceeding in extent and thickness all such beds previously known in the world, is an event destined to produce great increase of value, not only in the mineral lands of the State, but the agricultural also. In the general effort to find and secure phosphate lauds, many have decided to proceed in accordance with the law of United States mineral lands, and are awaiting action by your department in the premises.

This remarkable discovery of unsuspected wealth within a few feet of the surface, in scores of townships, has caused large numbers of men to explore the country geo- logically with spades and boring apparatus. By such means other useful substances are said to have been found, such as marl, kaolin, fossil guano, slate rock, mica- schist, mica, zinc ore, and sulphur, and specimens thereof submitted to the tests of the State chemist, showing that Florida ought long ago to have received the benefit of a thorough geological survey.

SWAMP LANDS RECLAIMABLE FOR SUGAR FARMING.

A very important recent agricultural development in this State is the establishment of sugar farms upon farms reclaimed by draining. These sugar lands previously were vast watery areas of saw-grass growing upon deposits of pure muck of unknown depth. Of the quality of this material an eminent official chemist wrote of a sample that ''it seems t.o equal the best potting-mould and partakes more of the character of a manure than of a soil." When drained and cultivated it produces from 30 to 40 tons of cane- stalks per ac:e of a quality equal to the best raised in Cuba.

There are many places m this State where extensive sugar-mills, like the successful works at St. Cloud, may be operated upon similar reclaimed lands. The saw-grass marshes of south Florida are reported susceptible of drainage and reclamation. As soon as this is well done they are likely to command a large pnce per acre, judging by past experience in Polk county.

The unsnrveyed portions of this State are said to include large areas of such land, and as its prospective value, which in past years was considered nothing, is now shown to be considerable, it is respectfully suggested that this office be authorized to take advantage of any season or unusual dryness to extend the lines of survey in that region. Capitalists interested in cane culture are favorably impressed by the success achieved in Florida, and are said to be considering plans for draining and reclaiming tracts of saw-grass marsh, where canals of no great depth or extent, with ample dif- ference of altitude, may be relied on to carry off the water to the Atlantic or the Gulf. I would respectfully recommend that a portion of the general appropriation for surveys be set apart for this purpose, to be used under direction of the General Land Office, in case the recent low stage of water in the regions referred to should again occur.

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FLORIDA.

401

THE 8PANI8H ARCHIVES.

Since 1849 this office has beeu the depository of that larj^e mass of ancient doca- ments of the Spanish provincial governiueDt left at St. Augiutine when the United States acquired title to Florida. These records contain the Basis of titles to lands to an extensive amount, and probably contain also historical matter of mnch value. In my opinion they are worthy of better care than they have heretofore received. It is believed that the Spanish land titles derived from them and preserved in other records, written and pnuted, are bat a portion of the important matter stili looked up in these archiveS| which contain the probate records, the original wills, the dockets of civil ^nd criminal coorts, and voluuiinous records of naval and military history.

These records are uniqne, and in case of loss can not be duplicated or restored. They are not wholly safe from tire. They have long been subiect to the destructive attacks of insects which perforated some of the volumes and bundles to an alarming extent, so that I have nsed means for destroying the moths. ' These original mann- scripts are of much the same character and importance as those of some of the Pacific districts, where they have been honored with a special officer as keeper of Spanish archives. I would respectfully recommend that provision be made for a competent clerk and translator, who shall index, translate, and preserve the valuable por Lions and make their contents accessible to investigation, before the fading of ink and ravages of insects shall render them useless, or tire shall entirely destroy them.

A similar collection of Spanish archives of the province of West Florida was kept at Pensacola in care of an officer called '' keener of Spanish archives." When that office was discontinued in 1649, the papers in nis charge were retained at Pensacola. At the suggestion of :^our office I have made investigation, and find that only a small portion of these archives are extant, the remainder having been destroyed by fire.

JNO. C. SLOCUM,

Survey ar- General.

Hon. Commissioner of the General Land Office.

A. Statement of toumshipe eurveyed.

Deacrtpdon of survey.

^•S'Mact..

jr. o.

IslandllkT.46S.,IL34B 1 60

Portof aAmeialand,T.47S.,R24B ..{ 0 24

Total i"? 14

12fi.«0

Kame of deputy.

Wio. E. Loper . . ...do

Date of approval.

Nov. 0.1889. Do.

B. Statement of plate and tranecripte made.

Plat sent to-

Date.

Tranacript sent to—

Date.

T 31 S. I1.26B

Looal land office

General Land Office.. Local and Qeneral

Land Office. ....do

Aug. 23, 1888 JaiiTlT.UOO Nov. 0,1880

...do

Sec 21 T.7 8..B.18B

Sec.8ilT.4«sl.B.a4B

Sec.l,T.47 8..B.24B

Seo.6.T.lN..B.28W

Office. ....do

Nov. 10,1880. Do.

Looal land office

Qeneml Land Office . .

Nov. 18, 1880 Feb. 15,1880

SecU T 08. B.23B

9405 L O-

-26

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402 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE. C. List of surveying contracts.

Dftteof inftaniotioiis.

Name of deputy.

DMCiiption of aniyey.

Satlmated liaUUty.

Jao. 24.188» Jaa. 8,1880 Kay 20.1890

Wm.B-Loper ....

RP.Biiiey:

&B.Biii«4fiel....

KeyKoimti8laBdinT.46aDd47S.,&a4E.

I7S.0O 80.00

Island in BOO. ao. T. 8 S.. R. 28 E

IfflMidIn <mwt?.T.?7 8,.R.4I K

40.00

D. Plat and deBoripH&n of private land olaimsfor patentt.

Date.

Claimant.

Where sent.

Sept 11,1880

Ool 12.1880

Do

Joseph 8. Sanches ....

Thomas Travers

Philip Bmbara

James Rose

Seo.48,T.43..R.29B

General Land Olllee.

Seo.37,T.7S.,R20B

Do.

»eo.4iT.7S.,B.20E

Do.

Do

Sea.48.T. 7S..R.20B

Do.

FeK U,1890 Mar. 1,1800

DanlHorlbert

Wm. Traven - . » ■-

Seo.47.T.7S..B.20E

Do.

Seo.4d,T.7S.,B.20B

Do.

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Google

BEPOBT OF THE SUBVETOB-OEVEBAL OF IDAHO.

United States Sdbveyor-Gbneral's Office,

Bois4cityy Idaho, July 21, 1890.

In compliance with the instraotions of yonr cironlar letter, initial £, dated April 23, 1^, X have the honor to sabmit, in duplicate, my annual report of surveying operations in this district for the fiscal year ending June 30, 1890, with tabular state- ments as follows :

A. Statement showing contracts awarded under the apportionment of |10,000 allotted te this surveying district Arom the Congressional appropriation of March 2, 18t^, for surveys and resurveys of public lands, as per official letter £ of August 20, 1»90.

B. Statement showing lauds embraced in special instructions to Edson D. Brign, United States deputy surveyor, dated December 19, 1889, for surveys under the ''* special-deposit " system.

No contracts were awarded for surveys of public lands under provisions of sections 2401, 2402, and 2403, Revised Statutes, and no surveys were authorized under said sys- tem except those referred to in statement B.

No deposits were made during the year by railroad companies for field or office work.

The deposits on account of office work in connection with surveys of mining claims And mill sites for patent (Chap. YI, Title XXXII, Revised Statutes) amounted in the aggregate to |E2,585.

One additional deposit of 97 was made on account of office work in connection with survey of **Mallan'' townsite, situated on nnsurveyed public land in Shoshone county, CoBur d'Alene land district.

Mo deposits were made for surveys under provisions of sections 2401, 2402, and 2403, Revised Statutes.

During the fiscal year surveys were executed aggregating 576 miles 26 chains and 62 links, classified as follows :

Towiwbip lines

Seotion lines

Meander Ifnee

Staodsrd lines

Meridian IJnea

Indian-reservation linee. Connecting lines

Total.

Meaanrements.

Miles. Oh*, Lt.

1U6 60 22

831 10 55

77 74 81

18 00 00

47 15 00

23 50

15 04

576 28 02

Eleven townships and fractional townships were surveyed. '

Plats and transcripts of field. notes have been prepared, approved, and transmitted to your office (under contracts Nos, 119, 121, and 12-i respectively) of all these surveys, excepting 11 or 12 miles of work executed in accordance with statement B, but not yet approved.

The foresoing does not include surveys by Edson D. Brings, United States deputy surveyor, for allotment purposes within the Nez Perc^ Indian Reservation, in accord- ance with instructions of letter, initial E, dated July 19, 1889. A portion of the returns of said work from De^iuty Brigffs has been received, examined, and sent l>aclc to him May 31 last for corrections, explanations, and completion.

The survey of the "Pocatello" townsite, at the junction of the Utah and North- ern and Oregon Short Line railroads, within the Fort Hall Indian Reservation (more fuUy described in my last annual report) was completed, approved, and accepted by theSecFHtary of the Interior, as per official letter G of April 12, ld90.

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404 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

f

The survey of *' Mnllan " towDsite, in nortberu Idaho, near the MullaD pass, tbrou^b which are being conBtrncted the Washington and Idaho ^Union Pacific) and the Northern Pacific railroads, waa executed, approved by me, and accepted by your ofiSce, as per letter, initial E, of April 24, 1890. The above townsites were surveyed under approved special instructions referred to in my annual report for I8tif*-W.

Survey of " Bellevue townsite addition/' in sec. 36, T. 2 N., R. 18 E., Idaho, under contract No. 120, dated May 28, 1889, FrankC. Mandell, United States deputy surveyor, was executed and completed returns made to this oflBce during the fiscal year. The official plats and transcript of field notes have been approved, and are this day sub- mitted for your action.

There were completed during the year, viz :

Plats of exterior lines of townships 2

Plats of townships subdivided 24

Plats of townsites and townsite additions 9

Plats of mining claims and mill sites (36 of which were plats of consolidated

claims) 249

Connected sheets of mineral-claim surveys 14

Total 297

Six consolidated mining claims (embracing 36 locations), 43 single location mining claims, 7 lode claims and mill sites in connection, and 1 mill site were surveyed for patent; in all, 69 mineral claims.

Seventy certified transcripts of approved field notes of agricultural, mineral, and townsite surveys were prepared ana transmitted.

Applications for survey, accompanied by certificates of locsaUons, of 60 mining olaims and mill sites were received, examined, estimates on aocoant office work fur- nished, and orders for surveys issued.

Six sets of special instructions to deputies were prepared, each in triplieate, for surreys, viz: Within the Nez Pero^ Indian Reservation, of Pactional townships, in accordance with accompanying statement B, and of public lands under regular con- taraete respectively ; also many special instructions for mineral-claim surveys.

Five hundred Mid thirty -five letters were written, comprising 638 pages of press copy.

Knmerous petitions team settlers for survevs of pobUo lands in different portions of Idaho were examined, and many oi them submitted to your office, accompanied by affidavits of settlers, with the surveying contracts which were awarded during the fiscal year.

Work was largely performed also upon 9 (fractional) township plate of" special- deposif surveys executed by Edson D. Briggs, United Htates deputy surveyor, under instructions, as per annexed statement B. The office work in oonneotaoo with said surveys has since been almost completed, and the plats and transcripts will be ap- proved and submitted to your office as soon as Deputv Briggs can be heard from in reference to a matter requiring some explanation, which he nas been called upon Uk give.

In addition to the foregoing 2 reports were prepared by this office during the year upon arid lands ami irrigation in Idaho. One of these, referred to in my anuual report of a year ago to your office, was to the Senate Committee on Irrigation, which held a session at Bois^ city, August 17, 1889, and was accompanied l)> maps or dia- grams of the several counties t^o illustrate. Another report, better suited to the needs of the people of Idaho, who are familiar with all the localities, was prepared from the same data at the request of Governor Shonp.

Referring to my annual report of last year to your office, I desire to repeat a rec- ommendation therein made: That either the irrigation and reclamation of the arid lauds of the West be undertaken by the government, "or the lands be granted to the respective States and Territories upon such terms and conditions as will assure the construction of necessary canals and reservoirs for reclaiming all of the lands possible.

" When thus reclaimed these lands in Idaho will support a dense population, afford homes for thousands of settlers, and be a source of wealth to their possessors and of revenue to the governments, both State and national.

"The immediate enhancement in the value of lands now a desert waste would be so great as to £ar more than refund the cost of irrigation, and the work is of such char- acter as should be undertaken either by the federal government or by the Territory or State, in order that the greatest good may result to the greatest number.''

The matter of irrigation is of. vital importance to Idaho, and is attracting wide- spread attention to this Htate. The calls upon me are so numerous for inf<»rmation in the premises, and the subject is one of such importance to your office in relation to our irrigal)le arid public lands, that I have deemed it advisable to incorporate

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IDAHO. 405

a part of this report the followiog from that originally suhmitted by me to Hod. Oeorffe L. Shoup^ governor of Idaho, as hereinbefore stated :

Irrigation in uiis btate to the extent of the normal flow of streams has reached its limit in several connties, while in some it has been overdone, notwithstanding the faot that we have 8,791,350 acres of good agricnltural land capable of reclamation by water, of which only 740,350 acres are now reclaimed and in process of reclamation, being only 8 per cent, of what might be accomplished. This estimate does not include the large areas of agricultural land in Idaho, Kootenai, Latah, Nez Perc6, and Shoshone counties, which are not arid, and do not require artificial irrigation except to a limited •extent ; nor does it include a considerable area in oth^ portions of the 8tat«, where the elevation is snch as to insure rainfall sufficient for the growing of crops.

Thus it appears that about 8,051,000 acres of irrigable land, now arid, belong to the government, and ever will belong, as a heritage for sage-brush and Jack-rabbits, until fitorage reservoirs and main canals are ooustrnct-ed.

It therefore remains for Congress to devise the plan and formulate the proceedings by which this warer, which is in excessive abundance, shall be brought to these lands And maintained and controlled for the greatest good to the greatest number.

Hundreds of millions of pounds sterling have gone and are still going from Eng- land to India, where every available site for a canal is being occupied by an Englisli joint-stock company. They realize from 8 to ^5 per cent, yearly on their stock, and each one improves annnally as an investment.

The fever caused by this success in India has extended to the Unir«d States, but the methods of joint-stock companies do not harmonize with our republican ideas. Local control in the hands of the land-owners concerned might be arranged, it would seem, to suit every irrigation basin, leaving nothing more to be desired.

The plan I have adopted for presenting this subject by oonnties, rather than irri- gation districts or water-sheds, will present to all inquirers a full conception of the immense possibilities in store for each one of our counties and for Idaho as a whole.

ADA COUNTY.

Area of county square miles.. 2,484

Area irrigated acres.. 60,000

Area irrigable do... 900,000

Canals from fiois^ river, 9; total length, 149 miles; proposed, 130 miles. Canals from Payette) river, 4 ; total length, 66 milen ; proposed, 120 miles. « For the 250 miles proposed in this county extensive and elaborate surveys and estimates have been made and their management is placed in the hands of capable, energetic men. As these canals will be of great capacity and occupy a high leyel, the whole of the arable portion of Ada county seemn likely to be soon irrigated and settled up with ten or fifteen times its present population.

ALTURAS COUXTY.

Area of county square miles.. 2,100

Area irrigated acres.. 14,500

Area irrigable ; « do... 268,000

Lost river : | Other small creeks :

liTigatod acres.. 5,000 I Irrigated acres.. 1,000

Irriprable do... 100,000 i Irrigable do... 2,500

-J Lava-b^ plains :

Irrigable do... 150,000

Total irrigated do... 14,500

Total irrigable do... 268,000

Wood river:

Irrigated do... 7,000

Irrigable do... 12.000

Trail creek :

Irrigated do... 500

Irrigable do... 1,000

Deer creek :

Irrigated do... 1,000

Irrigable do... 2,500

The valleys in this county are not wide, excepting those of Big and Little Lost rivers and the great plains or Lava desert, which absorb those rivers even at their flood tide. Except for the reason just mentioned there is an abundant supply nsnally until about July 1 ; after which thr snpply is deficient and the only resort must be to reservoir storage. For this purpose a number of sites have been found, and their lo- cations reported to the Bureau of (reological Survey for technical examination. Storage for the needs of Logan county must also be provided here.

The valleys of Lost river and the so-called Lava desert are said to contain 150,000 acres of ^ood land, now wholly destitute of water, even for stock. The monniain drainage into these rivers embraces certainly 1,000,000 acres, or five tithes more than

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406 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

enongb if properly stored and utilized. Even in flood times all this water finds sub- terranean channels, the locations of which are bnt partially disooyered, their geo- logical features onlv surmised, and their remedy a matter of vague suggestion. Aa this soil is very rich and the water superabundant, reservoirs will not oe required when the loss through the ** sinks " referred to shall be avoided. This region may be- come reclaimed sooner and at less expense than the average of other localities.

BBAB LAKE COUNTY.

Total area of county, 1,300 ^uare miles, less area lake-water surface.

Irrigation in this county is now practiced to a greater extent proportional with its HVie than any other county of Idaho.

A very careful estimate made by the ex-county surveyor J. C. Rich, civil engineer, who furnishes the statements iu report from which the following is tabulated, puts the area now irrigated at 21,500 acres, and an additional 40,000 acres might be reclaimed from the desert by the construction of thirteen reservoirs at a total cost of $59,500, or $1.50 per acre on the land reclaimed ; number of canals and ditches, 69 ; total length, 206 miles ; cost, $73,500 ; irrigated, 21,500 acres.

A project was inaugurated in Utah by a corporation foreign to the laws of this State, with a capital reported at $2,000,000, for diverting the waters of Bear river and Bear lake by means of a canal extending into Utah for use and disposal in that Territory. Filings for this purpose were recorded according to the forms of law upon, all the waters or Bear lake, Bear river, and its numerous tributaries, includ- ing the right to raise the surface of Bear lake several feet to serve as their storage reservoir.

In the counties of Bear Lake, Bingham, and Oneida we have 250,000 acres of good arable land which can rely only upon this source for their water supply; and ite di- version, control, or interference by any party foreign in interest to the settlers upon these lands will be opposed by the authorities of Idaho.

BINGHAM COUNTY.

Total area of ooanty, 12,364 square miles.

This is a large county and embraces an immense scope of valley along the Snake* Blackfootu Teton, and Bear rivers and other minor streams. In this section the facilities for irrigation are so inviting that a large amount has already been accom- plished, viz:

Irrigated and in process - acres. . 284, 750

Irrigable do... 2,503,500

Length of canals constructed miles.. 617

Cost of canals (present) $593,400

Considering that most of this work has been done within the past two or three years, and that the progress at thin time is more rapid than ever before, it is fair to conclude that within a comparatively short period this remaining two and a half milions of acres will be under cultivation.

It is well that the people of Bingham have from the first paid more attention to agriculture and less to mining. They are demonstrating that even in Idaho, where there is gold in every hill and valley, our sage-bruflh plains are the best paying luineB.

With so great a body of irrigable lands above the American falls it was feared by those who first began to collect facts and study the features of the country with the view to irrigation that this region above the falls might consume all the water, leav- ing none, or but little, to be conveyed by canals to the high plains farther down Snake River valley. Fortunately, however, nature has placed a dam of hard trap- rock across the whole valley, from foot-hill to foot-hill, at the American falls, thus compelling all the waters above it, whether in open streams or filtering through the soil, to collect together again and pass over at the falls, losing nothing of its nor- mal volume except the loss by evaporation.

Irrigation surveys by the government upon a practicable basis and under compe- tent supervision in Bear Lake and Bingham counties would disclose all the feat- ures pertaining to a water supply, and point out what works are needed and the cost of their construction.

BOIS]^ COUNTY.

Total area of county, 3,024 square miles.

This county embraces the north half of the basin drained by the north fork of Bois6 and the entire upper basin of the Payette rivers, and is generally hilly and mountainous.

The only considerable bodies of farming land are Long valley, on the north fork of Payette, and in the Payette valley, below the junction of the north fork. The

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IDAHO. 407

first 18 estimated at 60 miles in lenffth by 9 miles in width. The latter consists of foar isolated settlements of from thirty to fifty families each.

Settlement oommenoed in Long valley only six years aso. The present population is estimated at 900, and many extensive ditches are now built and in process of con- struction.

The conditions here are peculiar. On the east are high, extensiFe mountains, afford- ing late summer irrigation on that side of the valley, while upon the west side the mountains do not afiEord late irrigation, but the river water is very accessible and always abundant.

Another peculiarity exists in the soil or the climate, for only about one-half as much water is required here as in Ada or other counties.

The inhabitants here have formed associations for constructing and operating their own ditches, and say they need no outside aid to reclaim all the irrigable land in the valley. They deprecate and distinst such aid as an unncessary interference, and say that their " home systevn *' has all the strength needed to do the work, with the flexibility in the control to correct errors or redress grievances promptly.

This valley of the north fork of the Payette, iu its geographical position, its direct northerly course, and its moderate fall, is very inviting as a railroad line, which, when built, can not fail to secure a fair traffic at once. Where a railroad ought to be coo- construct-ed there is capital waiting to build such, and this route will not long re- main unoccupied and unnoticed. The south portion of Bois6 county is very produc- tive in mineral but nearly worthless for agricultore. On the upper waters of Moore's creek are situated the great '* Bois^ basin " placer mines, where at one time eiffbteen, or twenty thousand men might be counted washing ont, with primitive appnances, more than $60,000,000 worth of gold. The tailings cover all the valleys 15 to ^ feet deep. The hills to their very tops are terraced with ditches, and the gulches everywhere spanned with old flumes now mostly neglected and going to ruin, not because of exhaustion of the mineral wealth, but because of the insufficiency of water and its storage.

All the hi lb in an area of 400 square miles are good placer ground if plenty of water for bed-rock flumes were available. It is said that this might be brought from upper south fork of Payette through a gap near Pioneerville, out such would be a costly undertaking.

Main canals built aud building, 37 miles, exclusive of those in the settlements of Garden valley. Squaw creek. Horseshoe Bend, and Squaw Creek flat.

Area irrigated and in process acres. . 83, 500

Additional irrigable land do ... 262,000

CASSIA COUNTY.

^ Total area of county, 5,100 square miles, or 3,264,000 acres.

One-half of this county is undulating, prodncins good grass; one-fourth is level farming land, and one-fourth is high mountains, where much snow accumulates dur- ing the winter.

Length of canals and ditches miles. . 314

Number of canals and ditches 303

Irrigated land acres.. 82,000

Irrigable land do... 55,000

Besides the land above reported as irrigable there is a large body of rolling plains on the upper i>art of Salmon Falls River valley, estimate at three-fourths of a million acres, situated too high to be reached with water except from far up Snake river or by a canal through the Salmon Falls Kiver cafion. The land is good, but its reclamation is thus made uncertain.

Only the streams from the mountains on the south of this county are available, and these are now fully utilized by the inhabitants to the full extent of their natnral . flow, without reservoirs. They have a great abundance of water usually until the latter part of June, and thereafter but very little. On this account and without reservoirs irrigation iu this county has i-e<iched its maximum as now practiced, and the tendency at present is for the settlements co become smaller instead of larger.

The reclamation of all this body of fine land must principally come from Snake river, at a point 600 or 700 feet higher than at Starrh's Ferry, or from a system of reservoirs to impound the water at points so situated as to readily recover all the land of valae and sufficient in size to perfect the entire crops on all the lauds to their full maturity.

Sites for about twenty-five reservoirs, covering areas from 20 to 2,000 acres each, with a depth of water varying from 15 to *M) feet, have been found, in all sufficient for the 737,000 acres above reported as irrigable, the whole to be obtained at a cost not exceeding 80 cents per acre on the land thus benefited. Of these reservoirs a few

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408 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

may be selected that woald cost $50,000, which woald relieve the present settlers and add 10,500 acres to the irrigated lands.

The water which natare supplies the earth with is not measured in Idaho by the nam- her of rertioal inches of rainfall during the year, but by the number of feet in depth of (compact) snow covering the mountains and high table-lan^^s in the spring. This seldom fails to reach G to d feet, but in the winter of 18^- d9 the faIling>off was an-

Srecedented. The best record of this falling off was reported by Mr. Thomas A. tarrh, whose observations were upon Snake river at his ferry. Here the river is 800 feet wide and the usual rise in the spring is 6.5 to 7 feet; last year it was only 2 feet. When it is considered that as the stream rises higher and higher the current be- comes more and more rapid, we may conclude that Snake river aid not convey more than one-fourth its nsoal quantity of water, and its season was also correspondingly shortened. Still there was water enough for all Idaho had it been held back by souie s.vst«m of reteutiun nutil needed for irrigation.

. CUSTER COUNTY.

Total area, 4,350 square miles.

This county has three distinct agricultural valleys, which embrace the principal portion of its irrigable lands.

Lost River valley for aboat 45 miles in length and 6 miles in width lies in the southern part; Pansimeroi on the northeast has a valley about 45 miles long by 10 miles wide; and Round valley on the Salmon river, near the center of the county, is about 10 miles in diameter, in which Challis, the county seat, is situated.

Lost River valley : I Round valley :

Irrigated acres. 8,000, Irrigated acres. 6,000

Irrigable -do... 164,000 Irrigable do... 42,000

Pahsimeroi valley : '

Irrigated do... 10,000 Total irrigated do... 24,000

Irrigable do... 240.000 Total irrigable do... 446,000

The soil of these valleys is of superior quality, and though high in elevatiovi they are so protected by mountain rangCH that immense herds of cattle, horses, and sheep find abundant pasturage through the winter. No railroad line is in or near this county; no route of emigrant travel throngh it. Even the government surveys have scarcely touched it, until last season some surveys were made in the Lost River val- ley. The only encouragement the settlers have is the excellence of soil, their ready market at neighboring prosperous mining camps, and in the salubrious climate of that region. Their season for irrigation is not a long one, and it is probable that canals around these valleys on a system of total circnmvection would be sufficient with- ont reservoir storage, at least until the whole reclaimable area shall become oc- cupied. It is estimated that about 220 miles of canal would do this, and that it won Id have no aqnedncts or costly mechanical structures ; that all the surplus water from the gulches conld be passed over weirs constructed of rough stone, everywhere at hand, and that the cost of the whole would not reach $1 per acre on the land sup- plied.

ELMORE COUNTY.

Total area of county, 2,700 square miles.

North of the base line the surface in this county is mountainous and unfit for culti- vation, except about 20,000 acres along Sonth Bois^ river. The soil is here very pit>> ductive and may be irrigated by ditches from the river at an expense of about |10,000.

South of the base line in Elmore county the surface inclines rapidly towards Snake river and is part of the great valley of that stream, containg 450 square miles, 210,000 acres of which is very good farming land. The creeks traversing this dis- trict flow from the low range of mountains skirting the south side of South Boisd river, which do not keep up the flow of water long in the spring. To irrigate this fine tract of country a belief existed that water miffht be brought through this range of hills; but upon examination and survey it is said to have been found very ex- pensive. It therefore seems imperative th^it this portion of Elmore county must look to Snake river at some point above the American falls for its irrigation.

Th^re are no canals or ditches in this county, except such as are supplied by springs, which are distributed to quite a number of ranches with astonishing results; four crops of alfalfa, yielding eight tons of hay per acre, in one season, are reported.

In this county, about 12 miles southwest of Rocky bar, Mr. A. D. Foote, engineer in charge of the United States irrigation survey in Idaho, has discovered locations for five great reservoirs with an average capacity of nearly 1,000,000,000 cubic feet of water. Nature made these reservoirs, now slightly out of repair ; but at small expense they may be again restored. These reservoirs can not serve to irrigate any of Elnuwe county; but as tributaries of Boisd river they will abundantly re-enforce that stream

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IDAHO. 409

V

to fiTigate the half million ncres of fftrmiug lands in Ada connty,if this plan shall be fonnd cheaper than by extendiu^he great Snake River canal.

In this connection provision should be made to sapply with water the extensive placer grounds lying along Snake river, jast above its confluence with Bois^ river.

Laud irrigated acres. . . 10, 000

Land irrigable ' do.... 230,000

LEMHI COUNTY.

Total area, 4,300 square miles.

The total area of this county is about 2,750,000 acres, of which the irrigable portion is estimated by the county surveyor, Hon. J. W.Birdseye, at 500,000 acres, or 18 per cent, of the whole. Its principal streams are the Salmon and Lemhi rivers, the valleys of which contain most of the irrigable land, lyin^ in two planes, the lower one, not much above the level of the river, being easily irrigated, contains most of the present population ; but the upper one, caUed *' the bench " lands, situated upon a plane 50 to 100 feet above the rivers, is yet unimproved, although the soil for most purposes is considered preferable. The expense of bringing the river water upoa the ''bench lauds " is too great for the settlers, and the water from the small tributaries will not afford a lastiag supply unless held back in storage reservoirs. For this purpose many sites favorable for construction of reservoirs have been located; but, as is the casein several other counties, irrigation surveys and estimates must be made before an in- telligeut decision can be reached as between the supply from local lateral streams impounded and from the main rivers through long and large canals.

For the re- enforcement of the Lemhi river there is a very good site for a larse reservoir at its head, near the county line, from which point to the mouth of the Lemtii the valley descends at an average rate of 40 feet per mile, thus giving the hydrographic eogiueer easy opportunity to cover with water every arable acre in the valley.

To cover the '* bench lands'' along the Salmon river, if the river be the sonree of supply, no reservoirs would be needeid, and, as the fall is only about 15 feet per mile, a few long canals, instead of frequent short ones, would probably be adopted.

The plan of frequent ditches, one higher than another and covering it, as it were, is not desirable, the low lands being in danger of an nncontrollable oversnpply and excessive saturation.

Besides the irrigable lands of the main valleys of the Salmon and Lemhi rivers, estimated at 500,000 acres, there is a wide expanse of such land at the head of the Lemhi, also some fine tracts on the Pahsimeroi and Birch Creeks, all of which may easily be supplied with irrigation, and thus swell the estimate of practicable irriga- tion in Lemni county to at least 600,000 acres.

Land irrigated acres.. 10,000

Land irrigable do ... 600,000

Number of (small) ditches, 250 ; aggregate length miles . . 800

Number of (miners*) ditches (additional) do.. . 200

LOOAK COUNTY.

Total area, 5,200 square miles.

This is a large county, inost of which is good land and susceptible of irrigation wheu entered upon with adequate means and on well-matured plans.

Irrigation has now reached its limit so far as homestead settlers may accomplish it with their limited means.

Along Camas creek is located the principal agricultural settlement, extendinff about 30 miles in length by 3 in width. The gulches furnish water for only a limited period, but numerous large springs, together with a soil naturally moist, combine to make this a prosperous settlement. A number of small reservoirs are recommended for this valley, by means of which the area of cultivation would be doubled and furnish late irrigation to the ranches now improved.

Silver creek, fed by numerous spring, carried last year, in that exceptionally dry season, 7,000 miners' inches, and supplies 6,000 acres of cultivated land. The utility of water and the wealth in our basaltic soil when irrigated are here illustrated in sharp contrast with the barrenness all around, where the soil is the same, but with- out water.

Along Big aud Little Wood rivers and on Clover and Fish creeks are settlements to the extent of easy irrigation, which, for so dry a season as the last, has proved to be overdone, compelling some settlers to go with their stock to the monntain», and «ome others to leave this section of the country.

Land irrigated acres.. 50,000

Land irrigable do.. 1,250,000

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410 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

This great, almost compact body of fine arable land can be covered by the pro- posed Snake River canal, or quite as abandantly from the Wood rivers, which have their sources in the main Sawtooth, a range of mountains which is very high and prolongs its snow-melting season until Augnst.

Good sites for storage on these rivers are not wanting. On the Upper Little Wood river one site is reported where a dam 600 feet long and 100 feet hi^h would form a pool a half mile wide by 5 miles long, sufficient for supplying with water 80,00(^ acres of land during the irrigating season of one hundred days.

An area of about 80,000 acres might be supplied from an immense outpouring of water from the walls of the ca&on on Snake river above Salmon falls. This water is supposed to come from the '^ sinks " of Lost river, but can not be conducted out from the cation except by a flume 2 or 3 miles long.

Four good sites for reservoirs are reported in Alturas county, on Big Wood river, sufficient in size to supply all the valley of that river to its mouth.

At a point a few miles above Starrh's Ferry it is proposed to construct a dam in Snake river 35 feet high, and to extend a canal to a point opposite the great Shoshone falls, so as to cover about 200,000 acres, iucluding several hundred acres of rich placer- mining ground. For this purpose a company is organized, surveys and estimates have been made, and preparations begun for commencing the work.

Recommendation has been made to the proper authorities that a few artesian wella be sunk in this country and elsewhere as experimental at government expense. If successful, individuals would thus be induced, in such localities, to sink other wella for themselves.

Much field engineering will be required in Logan county and works of considerable magnitude muse be constructed ; but the reclamation of so large an area of good land is an inducement sufficient to warrant twice the expenditure of money necessary for the work.

ONEIDA COUNTY.

Total area, 2,600 square miles.

Irrigation in this countv has been accomplished to its fullest extent until assisted by storage reservoirs on the small tributaries or canals from the main Bear and Snake rivers. Some of the smaller reservoirs will doubtless soon be built by the inhab- itants; but for the larger body of the unreclaimed lands in Oneida county main canala on a high level must be constructed, notably in Ts. 14 and 1.5 S., R. ^i8 E., a body of 40,000 acres awaits a canal from Bear river.

The report from this county states that a syndicate has been organized in Utah for monopolizing the waters of Bear river, with the purpose of carrying it into that Ter- ritory for disposal, against which diversion from Idaho the people of Oneida county protest.

About 20,000 acres of irrigable land in this county are in Snake River valley, out- side the Fort Hall Indian Reservation, which all depends upon the proposed canal from that river.

Area now irrigated in Oneida acres.. 38,800

Area irrigable and unreclaimed do 148, 000

The benefits of irrigation are nowhere in Idaho more clearly apparent than in Oneida county, nor the process of its utilization anywhere better understood. Their plan of ownership and control of the water by those who are the consumers works well here, where the associations are small, and probably would work as well on a scale very- much larger.

OWYHKE COUNTY.

Total area, 7,812 square miles.

In this county irrigation has reached the extent possible by the present settlers auci from the natural supply of the local streams. Its arable lauds are mainly in the great valley of Snake river, and, like the rest of the valley below the American falls, they are so high above that river's chanuel that the water supply for irrigating these lands muse come from some point above the falls, or from the lateral streams coming in from the mountains. From this latter source there is no question as to the abundance of water if sufficient storage be provided, and for this purpose good sites have been found for most of the needed localities.

As the waters of these lateral streams in Owyhee county subsi:ie about one month earlier than those of Snake river, a corresponding increase of storage capacity will be necessary. This and the existence of cafions at points at and below the foot-hills will probably complicate the subject of the water supply in this county and call for more exploration and more engineering skill than in any other part of Idaho. A very careful hydrographic survey is here neces'^ary.

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IDAHO. 411

Area irrigated aoras.. 21,dOO

Area irrigable do... 248,500

Number of ditches 66

Total length of ditches miles.. 15*

About 50 miles of small ditches, also about 60 miles of ditches used for mining and milling purposes, are not inolnded in the above.

WASHINOTOX COUNTY.

Total area, 2,900 square miles.

This county is bounded on the east by a low range of mountains, and on the west by Snake river, which is in a deep valley, too low to be brought out for irrigation.

The irrigable lands of this county lie in i horseshoe form, being about lOO miles around its outer limits and 30 miles across the chord of its inner segment, embracing an area estimated at a half million acres, less than one- tenth of which is yet irrigated, and that which is irrigated is but poorly supplied with water. Improved lands here that have water are worth $20 per acre.

The mountains that supply this valley with water are not high nor extensive ; their snows melt away in the early spring ; the flood water is soon gone, and the long dry season then commences. The inhabitants of the lower valley And that the settlers above them can absorb all the water at this season when it is most needed.

On this subject Hon. T. C. Galloway, of Weiser, says:

** Unless means are devised for holding back, and a better way established for dis- tributing and using water in this county, the larger and longer ditches will be aban- doned, while the smaller ones will become sources of strife and litigation."

The Weiser river, with its twenty-five tributaries, are all within this county, and the county embraces the whole of the Weiser drainage and no more. It is therefore a separate drainage and irrigation district, the storage system the only possible plan, and it in this locality is a great and pressing want. Sites for storage reservoirs are reported to exist on almost every tributary to Weiser river, and the work of improv- inff them ought to begin at once.

Here is a county exactly comprising one irrigation district and no more, where the storage system only can be adopted, and where no conflicts with other interests do or ever can exist ; where there are 40 miles of main ditches, covering 40,000 acres now improved, but only feebly supplied with water, and where ten times as much more l^ood land lies a hopeless desert. Action might here be taken without delay or further investigation, as well now as at some future period, to construct these reservoirs and test the plan of local control at the same time.

Congress might grant the remaining government land in this county that can be irrigatod to the county authorities, to aid in the construction of the reservoirs and main canals, authorize the county commissioners to issue $400,000 in ^^ water bonds ''^ and to construct and control the necessary works under iron-clad regulations govern- ing the expenditures and accounts thereof. The net proceeds from the sale of lands and water rents would soon pay off the bonded indebtedness, and pay the govern- ment its price for the land al^to, if that be desired. The tax duplicate of Washington county would soon foot up $10,000,000 and the water rents furnish a perpetual fund sufficient for all county purposes. To the people of the county it would socially prove a blessing, to the county itself a speculation, and to the government a much- needed and very valuable experiment on the great problem of irrigation and water control.

The immediate surrender of this isolated basin by the government would not inter- fere with the plans or prospects of any other locality, nor is there any cause for awaiting the surveys of this (or, indeed, any other) region, while there is cause for hastening to relieve the present settlers from distress such as that which resulted from the dearth of water last season.

Land partly irrigated acres. . 40,000

Land irrigable do... 500,000

Main ditches number.. 5

Aggregate length miles. . 40

There are also numerous small ditches which have not been reported.

IDAHO, SHOSHONE, NBZ PSRGES, LATAH, AND KOOTENAI COUNTIES.

Reports from these counties all agree in describing the surface of the country as being intersected bv rivers which lie too far below the arable plains for their waters. to be brought out for irrigation.

Besides this, the rainfall is usually sufficient for all agricultural purposes, and very satisfactory crops of grain, grass, vegetables, and fruits grow and mature even

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412 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

asfar iio<1;b as Bonuer*8 ferry, on Kootenai river, in Kootenai county. Some of the upland prairies are extensive, oomposed of a warm gravel and loam soil ; timber is never inconvenient, and with a climate bnmid encmgn for the farmer there is nothing to prevent the formation of dense and prosperous settlements except the want of water for stock and domestic use.

From the great Camas prairie, in Idaho county, and the prairie between Haydeu and Fish lakes, in Kootenai county, come no complaints, of want of water for irri- gation ; but they do want water for their stock, and urgently request that the gov* •emmenv sink artesian wells at a few widely separated localities as experimental. They are too poor *Ho take the chances," bnt not too poor to sink such wells for themselves when they know the cost and have a reasonable certainty of water.

In the prairie last named three wells have been sunk, at a distance of three and five miles apart, to the depth of 172, 225, and 311 feet, respectively, and some water •obtained in each by pumping; bnt it is believed an artesian flow might be secured at the depth of 1,000 or 1,200 feet.

As the Lewiston and CoDur d'Alene land districts are not^ by the General Land Office, classed as ''desert" land districts, and the means of irrigation are not needed nor asked for, the call upon the government for experimental artesian wells is not without precedent nor without abundant need. There are many similar prairies in these counties equally desirable for settlement and equally dependent on outside aid inthifi direction, in all of which population and improvement would soon follow the successful search for water. Nothing more is wanted and nothing more is wanting.

The mining interests in this panhandle of Idaho are rapidly advancing, and the •demand for agricultural supplies is correspondingly on the increase. The way to '''open np'' these lands to settlement and to supply the increasing mining camps is by the means of experimental artesian wells.

KECAPITULATION.

CoimtieB.

Approxi- I mate area.

Irrigated i

and in , Irrif^able procesa aa as reported, reporiwd. I

Ada

Alturaa* I

Bear Lake

Bingham t

Boi&....!

Oaseia

Onster l

Elmore

Lemhi

Logan

Oneida

Owyhee

WaabiDgton

Total 56,174

I Total area

The irri-

Sq.miiM.

Aerei. ,

Aeret.

PtremU.

Per cent.

2,424

60,000 1

900,000

6.26

62

2,100

14,600

268.000

6.18 1

31

tl,800

21,500

40.000

3&6

74

12,364

284,760

2.603,600

10.6

36.5

8,024

83,500

262,000

24

18

5,106

82.000

685,000

U.1

32.5

4.860

24,000 '

4M,000

6.1

17

2.700

10,000 ,

280,000

4.2

14

4.300

10,000 1

600,000

1.64

22.2

6,200

60.000,

1.260.000

2.6

30

2,600

88, 800'

148.000

20.8

11.2

7, 812

21,800 .

246.600

8

42

2,000

40,000!

500,000

7.4 1

20

740.350 8,031.000

0.2

24

* Mnch on Lost river and lava bed. t This area inolades the lake. X Mnch of this is " in prooesa. **

The counties of Idaho, Kootenai, Latah, Nez Percd. and Shoshone, as before stated, 4ire not arid and require very little irrigation: hence are not included in the above tabulated statement.

A great and increasing demand for public surveys exists. Judscing from the peti- tions and affidavits of residents on the lands, this demand usually comes from bona fide settlers, who have actual improvements, many of whom have been on their claims for a number of years and desire to acqnire title to their homes. In some instanoe« the survey of heavily-timbered lands is sought. As a rule this office can not deter> mine as to the advisability of surveys until the standard and township lines are run. Such exteriors should be surveyed over all portions of the State where practicable, in •order primarily that the surveyor-goneral may form an intelligent epiulon as to what townships should be subdivided, and secondarily in order to complete the public-land system of surveys, as nearly as possible, over this entire surveying district. This would also enable settlers on unsurveyed land to denote, in their petitions for surveys, the township and ran^e in which their claims are situated— an impracticable matter now over a large portion of Idaho which has not been penetrated by public surveys.

I especially recommend an early extension of surveys in northern Idaho, where a

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IDAHO.

4ia

large number of people have settled withiD the last few years, and where many others desire to make their homes when surveys are assured.

The nsaal apportionment of the appropriation for saoh work each fisoal year is totally inadequate to meet the demands, and I suggest that at least the amount of my estimate, per letter of Jane 25 last, be apportioned to this surveying district from the appropriation for the coming fiscal year.

The resources of Idaho are not surpassed in extent by those of any of the Bocky Mountain or intermountain States or Territories. Although most of her mineral lands are scarcely prospected, yet has the output of minerals from this State grown until for 1888-'89 Idaho stood third In the production of precious metals (117,344,600),. and for the year I889-'90 the estimate, irom data thus far received, will aggregate about 120,000,000.

The timber resources are of an extent little known outside of Idaho. Virgin for- ests stretch f^om a few miles north of Bois^ city in a northerly direction to th& British possessions, and in a northeasterly direction to the Rocky mountains. The varieties are mostly pine, fir, spruce, hemlock, cedar, and cottonwood.

There is great activity in railroad construction, the Union Pacific and Northern Pacific companies having occupied, with main and branch lines, most of the avail- able passes and valleys in the '^Panhandle," while surveys for railroads have also been made in other portions of the State. I am, sir, very respectfully,

Joseph C. Strauohan, U. S, SMTveffor-Q^muiral far Idahow

Hon. Lewis A. Groff,

CemminUmeir Genital Lamd Office,

Watihingtanf 7>. C.

A.^StatetM9it tikowing amtraets mtered into mnder appropriation of Mar eh 2, 1889.

Charaoter and locality of work.

LiabU. ity.

128

1800. June 9.

Osoar Sonnenkalb and Samnel Q. Rhoades.

194

June 10.

Samael G. Rfaoadea and John A. Long.

The aobdivialoii lines of the following townsUpa, Tiaj Ta. 6 N., B. B.| 0 K., R.36 E.; 0 N., B. 28 E.; 0l!r..B.20K.: 7N..R22E; 7 N., R 23 B.; 7 N., B. 84E.;7N.,B.26E.;7N.,B.2«E.: 7 N., B. 27 E.; 7 N., B. 28 E.: 8 N., B. 21 E.; 8 K., B. 23 E.; 8 N., R. 28 E.; 8K., R27 E.; 8 N., B.28E.; 9 N., R.21 E. ; 0 N., B. 22 E.; 10 K , B. 21 B. of the principal baM and Bois^ meridian, district of Idaho. Also exterior lines of towosbip8.vlz: 7K.,B.27B.; 6 N.. B. 28 E.; the north, east, and west exteriora of 8 N., B. 27 S.; the north and east exteriors of 7 and 8 K., B. 28 B.; the north and east exteriors of 6 N., B. 20 £.; 1 mile of aonth exterior 8 N'., B.2I E.; and 3 miles east exterior 10 N.. B.21 E,of the principal base and Bois6 meridian, district of Idaho.*

AU of the heretofore ansnrveyed exterior, subdivision and meander Iin(>s of the follovine townships, via : S. 6 N.. B. 30 E., fk^ctional; 5 N., B. 40 E.; 4 iif., B. 30 E.. fractional ; 4 N., B. 40 E., fractional ; 8 N., B. 41 E.; 8 K., B.42 E.; 6 N.. B. 44 £.; 4 N., B. 45 E.; 5 N. B. 45 £.; 6 N., the principal base and Bois^ merid- ian, district of I«faho. Also the resorvey of the north tier of sees, l^ 3, 4, 5, and 6, in T. 7 S.. Bs. 80, 40, 41, 42, 48, and 44 >... incladmg abont 36 miles of flnt standard parallel south, abont 86 miles of subdivision lines south of said sections, about 36 miles of subdivision lines between said sections and aboufc l'> miles of closings ; and surveys in f^ac* tional Ts. 5 and 6 8., B. 38B:, embracing about 5 or 6 miles, said resnrveys and surveys being more particnlarly described in aecoinpanyins special instructions; also the survey of Ts. 2 and 4 8., B. 7 E., of the principal base and Bois6 meridian, dis- trict of Idaho, t

* Contract approved July 11, 1800, as per official letter E of that date.

t Contract approved July 10, 1800, as per official letter B of that date.

$4,200

0,800

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414 KEPOBT OF COMMISSIONER OF GENEKAL LAND OFFICE.

A. Statement showing eontraeta entered into under appropriation of March 2, 1889 Cont'd.

Contract.

No. Date.

125

Jane 12.

Name of deputy.

George P. Traek.

Character and locality of work.

The meander and section lines and the previonsly- nnsnryeyed exterior lines of T. 50 N.. B. 3 W. , of the principiJ hase and 6ois6 meridian, district of Idaho. Also the surrey of exterior bonndaries and neceasarv intersections with pnbUcsarreys in connection therewith of the "winter pasture" attached to Fort CoBur d'Alene military reserra- tion, properly situate in Ts. 60 and 61 N., R. 6 W., of the principal base and BoisA meridian, dis- trict of Idaho, more particularly described in the special InstructionB which constitute a part of tnls contract.*

Liabil- ity.

$500

* Contract approTcd July 17, 1800, as per official letter E of that date.

B. Statement showing lands embraced in epecial inetruetione for Burveg under provieiome of BeeHona 2401, 2402, and 2403, U. S. Revieed Statutes.

Date of

special

instrucUona.

Deo. 10, 1880

Name of deputy.

Bdaon D. Briggs.

Character and locality of work.

The heretofore unaunreyed portions of fraotionallv - surreyed town- ships, via. T. 88 N., B. 4 W. I T. 88 N., B. 4 W., and T. 84 N., & 6 W.. of the principal base and Boiae meridian, dlatnet of Idaho.

Bemarks.

Authorised per letter B of September 98, IffiO. 8ar- Toys made and office work now almost completed.

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BEPO&T or THE SUBVBTOB-OEirEBAL OF LOTJISIAHA.

United States Surveyor-General's Office,

Netv Orleans, La., July l\9, 1890.

I have the honor to sabmit herewith the annnal report of the operation of this office for the fiscal year ending Jane 30, 1890, accompunied by the following tabular statements, viz:

' A. ^Estimate of fnnds for surveying eeryice in Loaisiana, for salary of surveyor- general and his clerks, and for the contingent expenses in his office for the fiscal year ending June 30, 1892.

B. Statement of office work in arrear in the surveyor-general's office for the dis- trict of Louisiana.

C. Statement of surveying contracts entered into by the surveyor-general of Louisiana on account of the appropriation for the fiscal year ending June 30, 1889.

D.— Statement of surveying contracts ent-ered into by the surveyor-ffeneral of Louisiana on account of the appropriation for the fiscal year ending June 30, 1890.

E.— Statement of amount due deputy surveyor for expenses incurred while on his way to make field examinationb.

F.—Statement of surveys made under '' special instructions," as authorized by the General Land Office.

OFFICE WORK.

With the small and entirely inadequate clerical force allowed the office during the vear a large amount of miscellaneous work has been done. The force has oeen largely employed in reproducing and reprotracting, from the original field notes of surveys, township plats, in lien of those lost, worn out, and injured ; in preparing in duplicate patent plate of confirmed and surveyed claims as basis for the issue of patents thereon ; in investigating applications for ''certificates of location," under section 3 of the act of June 2, 18&8, and issuing scrips on the same and copying the evidenoes filed in support thereof; in correspondence with the department and attorneys and claimants with regard thereto; in keeping up with the general and miscellaneous correspondence with the deputy surveyors, individuals, etc.

I took charge of the office on the 20th day of May last, relieving Mr. Calhoun Fluker, who turned the office over to me in a most creditable and satisfactory con- dition, and whose administration of the same, so far as I am able to form an opinion, was most honorable to him and beneficial to the government. My own incum- bency since that time, up to the 30th of June, has been so short that I have but little to report as coming within my observation and under my own control and supervision.

In reporting therefore upon the general needs of the office and its present con- dition and the necessity of bringing up the office work and field work so long in arrears, I feel that I can best do my duty in that regard by calling attention to, while at the same time I fuUy indorse the same, the remarks and recommendations of my predecessor in his report for the year ending June 30, 1888, and found on pages 447 and 448 of the '< Report of the Bureau " for that year. %* It is certainly remarkable that years should be allowed to roll on, decade after decade, leaving the citizens totally unable to obtain patents on at least 5,900 private claims, solely bdcause the office possesses no "clerkiB" to prepare plats of survey. Time only adds embarrassments to this matter, and unless it is soon attended to the embarrassments will certainly increase. But, since my predecessors have nrjB^ed the same matter for years past, 1 am satisfied that the department is fully cognizant of the facts in the premises.

FIELD WORK.

Two contracts for surveys were awarded to deputy surveyors this year : One to George O. Eln.s, deputy surveyor, under his own bid foi the resurvey of <* Pecan island," in the sonUiwestem district, liability 9l|^^; the other to Buffln B. Paine,

415

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416 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

deputy surveyor, for the Harvey of several eowashipB and fractioaal townships within the limits of the '' Hoama gr&nt" and the location of the claims of John McDonoagh^ jr., aod Henry Foatnot, in the Boutheodtern district of Lonisiana, east of Mississippi river, as required by decifiion of the Secretary of the Interior, dated January 6, lti38, and January 25, ld89.

The contract for surveys and resurveys of all the remaiuing townships in the ''Houma grant," stated in exhibit D, was the result of the decisive legislation on the subject of this celebrfited grant contained in the act of Congress approved March 2, ISr^, commonly known as the **Gay bill.'' These surveys when completed, as they will be in the coming fall or winter, will be of great importance to the large number of settlers on the lands, who are anxiously awaiting their approval in order that they may place their claims in record in the manner pointed out by law In this connection there is an important subject which I think should in advance re- ceive the consideration of the department and be the basis of instructions to this office at an early dale. I refer to my duty in the matter of compiling and transmit- ting with the returns of surveys lists of selection oi swamp lands under the act of Coiigres.s granting such lands to the State of Louisiana, which may, by the field notes of survey, be found within any of the townships returned and to be retnmed within the old lines of the claim. As I understand the decision of the department of nth April, 188H (15 Copp's L. O., 32), overruling the former decision of May 3, 1881 (8 Copp's L. O., 21), the position it now asvames is that no lands were granted to the State under either of the swamp-land grants within any one of the tnree snbdivie- ions of the '^ grant," either that of Donaldson and Scott, or of Daniel Clark, or of William Conway.

The *'Gay bill'' seems to proceed upon this construction, and, as I interpret it, consecrates the entire grant to homestead settlements under the laws of the United States, reserving to the State any right she may hare to the "surplus" after all actual settlers shall have been satisfied. The qnestion, therefore, of the State's right to saoh lands as may be returned as swamp under the sarveys now under oontraot, not depending upon their phvsical oharacteristios as swamp and overflowed landa, but rather upon the status of the construction to be placed upon the lands referred to. I submit that this constrnotion shonld at this time be settled by the department, or at least so far settled as may be necessary to the issue to me of the necessary in- structions in the premises.

SATISFACTION OV CONFIKMKD AKD UNSURVBYKD LAND.

ClaivM under seeHon 3 of the act of June 2, 185!;}.

I find that during the fiscal year recently closed five of these claims have been ad- justed by this office under the act of 1858. In this connection and in relation to this head of office matter, I respectfully refer yon to, while approving the same myself, the remarks of my predecessor on p. 448 of the Bureau Report of 1888 :

**The subject of the survey and the disposition by the United States of the beds of shallow lakes, ponds, former streams, etc., in this State, is one of increasing interest. Every year of increased and better drainage and levee construction increased the number of acres of these valuable lands, while the removal of obstruction rafts in the navigable streams, and, where total overflow is not prevented thereby, serves to diminish the period ot overflow, thus increasing the time within which crops may be raised on such landn. As they are of immense fertility and often near cities and towns and railroads, which give them additional value, they attract the attention of cultivators and capitalists who are constantly seeking means through this office of acquiring title to them. But practically the subject is environed with so many legal difficulties that, after learning them, many applicants in despair give up their efforts. I find that in 1877 the Bureau, after a full review of the embarrassments surronndinff the subject, resolved to refer the whole matter to Congress, and I understand that such determination has been considered a bar to any proceeding under then existin|c circulars and decisions. 1 refer to pages 11 and 12 of the Land Office Report ft>r 1877.

" As Congress has not taken action and some thirteen years have elapsed since the matter was so referred to that body, my recommendation is that the land depart- ment should go on and perform its duty under existing laws; and that for this pur- pose the " Circular of July 13, 1874 " (I Copp's L. O., 69) should be extended to dis- tricts for which there are surveyors-general, or at least to the district of Loaisiana^ and that a sufficient sum be annually set apart f¥om the general appropriation for the survey of the public lands to pay for such surveys as may be made under such circular. It is rather an anomalous condition of affairs, and one not very credit- able to our land system, which practically denies many legal steps by wbich every class of our citizens, settlers or capitalists, seek to honestly acquire title to tbese lands.

'* If they apply to the United States land office for the proper district they ara

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LOUISIANA. 417

tbere told that the township plats and tract books do not represent the desired tracts as sarveyed lands, bat as lakes, streams, ponds, etc., whose areas are nnknown, and that until they are sarveyed and the survey returned to the proper land office they are withont authority to take any action at all looking to the acquisition of title. In * brief they are referred to tbe surveyor-general in order to have the necessary survey made. When they come here they are told ilrst, that, under the existing instructions and decisions, the whole matter is io suspense, that iw was referred to Congress in 1877, and that, as that body ban taken no action, the surveying department will rake none ; moreover they are further told that if this office could lawfully survey these lands no funds sre allotted to pay fur such matter, and if they reply that thev are willing under the " deposit system " to pay for it themselves they are then told that, under tne con- struction placed on the laws founding that system, it does not apply to lands of that status. They then go to the State laud office, hoping to tind in the State legislation some law or syst^-m arising under the supposed grai>t of such lands to tbe State under the federal swamp land grant, but are there met with the information that, in the absence of federal survey and selections and approval ol these lands as inuring to the State under these laws, its officers are powerless to allow sales or any other kind of disposition known to tbe laud laws of tbe State applicable to other lands. Thus practically every avenue of acquisition is found closed or so snrrouuded with expense and difficulty that the attempt is abandoned. And thus the richest lands in tbe State, probably amounting to half a uiillion acres and of untold fertility^ are placed beyond the reach of the citizens and must remain tbe breeding places of tbe alligators and suakcH, iufeeting tlie surrounding air in hot weather with miasmatic poisons, instead of being drained aud put in cultivation by the poor honieseekers or the more power- ful capitalist or land improvemeut company. Some of these lakes contain from lO.OuU to 2yifOGQ acres, while those that contain from 500 to 5,000 acres are numerous.

** I stron<rly recommend that tbe bureau should take the subject in hand and supply instructionH aud money with which this office may take action in particular cases wbeu proper application is made for that purpose."

It may not be iuappro{iriate for me testate, though the subject has not been sub- mitted to this office offiirially, that funds have to be apportioned to the district for tbe survey of the ten military reservatiouH on the '*Gulf coast,'' west of the Missis- sippi river, which it is contemplated to offer at sale under the act of July 5, 1884. The old surveys were made about 1H30, and an examination of the field notes shows the most crude and imperfect methods of marking the lines and corners were prac- tised. MoHt ot the lands were then and are yet prairie or sea marsh, or upon sea shore and otherwise uutitted for perpetuating liues and corners of the public sur- veys. It is too plain that any tract to be <lisposed of under this law will have to be resurveyed, and thin can be dime better in the dry months of the fall and early winter than at* any other season. Hence, if this matter is contemplated at all, it is now time to ei»ter upon the preliminary steps.

I have the honor to be, most respectfully, your obedient servant,

Chas. B. Wilson, Surveyor-General, Lawieiana,

Hon. Commissioner of General Land Office,

Wanhingtofif D. C,

A. Eetimate of funds io he appropriated for the ftseal year endina June 30, 1892, for eur- veyitig in Louisiana^ for oompensation of surveyor-general and his olerhs ana contin- gent expenses of hitt office.

SURVEYS.

In the southeastern district * (10,000

In the southwestern district 7,000

In the northwestern district , 10,000

In the district north of Red River 10,000

For oritriual surveys, rcHurveys, and corrective surveys of confirmed pri- vate land claims and donations 8,000

45,000 salaries.

Salary of surveyor-general 2,000

Salary of clerks and draughtsmen for current work of the office and to bring up arrear work, including salary of chief clerk 18,000

OONTINaEKT EXPENSES.

Messenger hire, stationery, binding, and other incidental expenses 1, 200

Total 66,200

9405 L O 21

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418 REPORT OF COMMISSIONER OP GENERAL LAND OFFICE.

B.-

-Siatement of office work in arrears in the surveyor- generaVe office, dietrict of Um^

ieiana.

(1) CoDtiDuiD|( and oompletiug the exhibit of private land claims for all the dis- tricts of the State, except the s ntheastern district. (See L. O. R. for 1886, p 507.)

(2) Pieparation of patent plats in duplicate for the located confirmed private claims for 5890 claims. [%ii& L. O. R. for lr89.)

(3) Two hundred township maps to be reprotracted or reproduced. (See L. O. R. for 18H9.)

(4) Examinations and researches to prepare confirmed private land claims for hot- vey and location. (See L. O, R. for 1889.)

(5) One thousand onehundrad and twenty-four private laud claims, for which cer- tificates of location are to be issued under the act of Congress approved June 2, lU58. (See L. O. R. for 1889.)

ADDITIONAL.

(6) Indexing record of letters to officers from October, 1886, to date.

(7) Indexing record of letters to individuals from January 1, 1889, to date.

(8) Indexing books of field notes in the dilfereut districts.

(9) Copying general index of Commissioners'' letters to surveyor general from J alj 26, 1H03, to December 26, 1873, and completing said index to date.

(10) Labeling and wrapping anew bundles containing field notes, and also plats, certificates, and orders of survey.

(11) Labeling and wrapping anew the bundles containing letters from registers and receivers.

(12) Labeling and wrapping anew old vouchers for disbursements.

(13) Recording nearly all the field notes for preservation, a great number of which have become so torn and partly defaced, on account of constant use and age, as to render them illegible, and if not soon recorded will become useless.

C. Statement of surveying ooHtraot entered into by Ike surveyor-general of Louisiana on account of the appropriation for the fiscal year ending June 30, 1889. {JSee Commiseian- er's letter dated June 13^ 1889 j.

No.

Date of con- trftot.

Name of deputy enrveyor.

Locality of work.

District.

Estimated liablhtiea.

1

M»y22,188»

George 0. Elms...

Survey of "Pecan iiOand," T. 15 S.. lU. land2W^T. 15S..R. 1E.;T. 16S..R, I W.,andT.l6S.,R.lE.*

Sontb western dis- trict

$1,900

* Survey completed; field notes returned, and are now under examination.

D. Statement of surveying contract entered into by the surveyor-general of Louisiana on account of the appropriation for the fiscal year ending June 30, 1889. iSee Commieeion-' er's letter of March 4, 1890).

No.

Date of con- tract.

Nov. 11,1888.

Name of deputy surveyor.

Locality of work.

District

Estimated liabUity.

Buffin B. Paine . . .

Fractional Ta. 8 and 9 S., R. IE.: Ts. 8,9,andlOS.,K,2 E. ; Ts. 0 and 10 S.. R. 3 E. ; T.10S.,R.4E.;T.10S.. R. 6 E., and location of the claim of John McDonoffh, jr., & Co., and of Henry Fontenot. (See decision of the Secretary of the Into- nor of January 6, 1888, and January 2A, 1880.)*

Southeastern dis- trict, east of Mississippi river.

$7,500

* Survey commenced early, but on acount of high water the deputy abandoned his work and returned fleld notes of T. 10 S., R. 4 E , which are now under examination. The balance of the work in the field is much advanced and will soon be completed.

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LOUISIAKA.

419

£. Statement of amount due deputy surveyor for expeneee ineurred vaihtte on hie way Pk make field examinations under special instructions, as authorieed (y the General Land Office, remaining unliquidated.

instenotionft. ! 2f*m« ©' deputy Borveyor. LocaUty of work.

ICar. 22,1889 i BnffinB. Paine T.IO S.,R2E.*.

Difltriot Sonthvestem...

I Amoant I due.

$63.75

* Ezamination coantermanded Harob 29, 1889, by CommlBsioner General Land Office. Approprla* tion exbaoated. Coantermanded while deputy wae on bis wav to make examination. (Adjnated. See Commlssioner'e letter, Jaly 10, 1889, for next Congreaa, aa deficiency.)

F. Statement of surveys made under special instructions, as authorized hy the General Land Office, remaining unliquidated.

Date of instmotionii.

June 29. 1880

Name of deputy surveyor.

Greorge H. Orandjean .

Locality of work.

District

TB.12andl88.,B.llK.«^ Soutbeastem, east of river.

Amount due.

$270. 7&

* Surveys completed ; plat and field notes transmitted November 17, 1888. The amount of $120 paid. (See Comroisaioner's letter, July 17, 1889) ; balance of $lfi0.75 reported to tbe Comptroller of Troa«ury to be submitted to Congress. (See Commissioner's letter, August 14, 1889.)

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BEPOBT OF THE SUBVETOB OEVEBAL OF KnOTESOTA.

Ukited States Survieyor General's Offiche,

St, Paul, Minn,, Jtdy 11, 1R90.

In ooinplianoe i^ith instraotions oontained in your letter E of April 23, 1890^ I have the honor to sabmit hero with, in daplicato, my aoDual report of the sarreyiDfl^ OperationH iu the district of MiDnesota for the fiscal year eudiug June 30, 1890, with, the following tabular statements :

A. Statement of contract entered into by the surveyor-general of Minnesota for the survey of public lands, payable frofn the appropriation for the fiscal year, ending Jane 30, 1889. Contract not closed at date of last annual report.

B. Statement of contracts ent^ered into by the surveyor-general of Minnesota for €he survey of public lands, payable from the appropriation for the fiscal year ending June 30, 1890.

There have been surveyed during the year nine townships or fractional townships «Dd five islands, the field notes of which have been approved and the surveys ac- cepted, and triplicate plats of the same transmitted to tbe proper local land offices. Contracts have been entered into for the survey of six^ other towoships, of which the surveys of four townships are reported as completed, the field notes not having been returned to this office.

The number of miles run and marked in the field during the year is as follows :

HeMaromeots.

Standttrd and meridian lines.

Township lines

SoetionliDes

ConneoilDflr lines

Meander lines

Totri

MiU$. Oh§, Lkg.

55 S8 80

88 76 S4

381 08 77

1 78 OB

7 10 88

«r la ""m

The number of acres surveyed is 143,390.49, which, added to the apaount previonsly reported (42,848,625.29)^ gives the total number of acres surveyed in this State to date 4S2,992,015*78l The number of township plats made is 27. Applications which are being received at this office from settlers on unsurveyed lands, asking for the survey df the townships in which tney are located, indicate an increased demand for sorveys during the present fiscal year. All of which is respectfully submitted.

John F. Norrish,

Surceyor- GtneraL

Commissioner of General Land Office,

Wathingion, D. C. 420

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MINNESOTA.

421

A. Staiemeni ofoontraots enierdd into by the surveyar-aeneral of Minnesota for the aurvof- of publio iand§f pajfahlefrom the appropriation for thefieoal year ending June 30, IQtff, {Contract not elosed at date of last annual report.)

1l

Kame of deputy.

Date of contract.

Deaoriptioii of work.

Esti- mated liability.

Coat of B1U T«jr«

5

J.B.Biai»biiiy

1889. Mar. 21

The fifteeDtb standard parallel, from the comer to T. 161 N.. Rs. 42 and 43 W., eaat 84 miles to the comer to T. 161 N.. Rs. 88ainH)» W. -The fitth Ru^de meridian, from the comer to T. 161 N., Ks. 88 and >V ., north to the Intemational bound- ar> line. The west and north exterior township lines of Ts. 161 and 162 N., Bs. 89, 40. and 41 W.. and the west and north exterior towni>hip line of T. 168 N.. R. 89 W. Sobdivisions of Ts. 161, 162. and 168 N..R.89W ;Ts.l61aodl62N.,R.40 W.; and T. 162 N., R. 4 1 W. of the fifth prin- oipal meridian, MinnesoU*

(Special instiaotions. dated Jnly 6^ 1888, directs deputy to omit the snrrey of T.

161 N.. R. 39 W.. and that part of Ts.

162 and 163 K., R. 89, lyinf; in the Great Hosean swamp, and in lien thereof to survey T. 161. R. 41 W.. and that part of T. 163. Rs. 40 and 41 W., lying south of said swamp.)

12,750.00

$2,«5i.»

* Sorveys completed and accepted.

B. Statement ofoontraots entered into hy the surveyor-general of Minnesota for the surr^ ofpuhlie lands, payable from the appropriation for the fiscal year ending June 30, 1890.*

^1

Name of deputy.

EraestB.Coley

Oeorge F. Hamilton .

Alvin C.Bailey.

John Abercrombie . J.B.Bgan

Jacob A.Westby.

...do.

10 I E. W. & E. H. Grifflln.

Date of contract.

1880. An«. 6

Oct 15

Nov. 12

Nov. 14

1890. Jan. 6

Har. 14

- jM. B.Haynes

11 I John B. Bawley and Jacob A. Westby.

..do.... Apr. 9 Apr. 22 Jane 12

Description of work.

Esti.

mated

liability.

IsUnd in Itasca lake, in sec. 11, T. 148, R. $10. 0 86, fifth mt-ridian.t

Bast and weat exterior lines of T. 64. R. 13, 1, 800. 00 and N. exteiior T. 63, R. 14 : sabdlTlBion T. (j4. R. 13. and T. 63, R. 14, W., fourth meridian.l

Fourth fmide meridian through Ts. 149 and 450. 00 160 N. between Rs. 8) and 32. and north and south exterior lines T. 150 N., R. 32 W., sniHlivision fmctional T. 150 N., R. 32 W., fifth meridian.^

Island in R**d Rock lake, in fiecs. 82 and 38, . 12. 00 T. 128, R. 40 W., fifth meridian.^

Three islands in Pelican lake, in sees. 1 50.00 and 6, T. 120. Rs. 24 and 25, and sees. 81 and 86, T. 121. Rs. 24 and 25 W., fifth me- ridian.^

East and west exterior lines of T. 64, R. 13, >1, 800. CO and north exterior T. 63, R. 14 ; subflivi- . sion T. 64, R. 13. ani T. 63, R. 14, W., fourth ' meridian. II i

SuhdivlHion T.60N., B. 19 W., fourth me- 650.00 ridiHn.||

SubdiviHion T. 60 N., R. 24W., fourth me- ; 800.00 ridisin.il i

Liland in Swan Lake, in Sees. 23, 24. 25. and I 30. 00 26. T. 110 N.. R.39. W., fifth meridian. IT '

West exterior line of T. 64 N„ R. 17 W., and 1, 450. 00 subdiviHion of T. 64, R. 12 W.. and T. 64 N., R. 17 W.. fourth meridian. ||

Costol Barve]^

$882. 6a

12.00^

60.00^^

30.0^

* Special instructions.

tNo survey : deputy has left the State.

i Deputy failed to execute survey ; work relet.

I Survey completed and accepted.

I No returns.

tl Survey completed.

See contract No. 8.

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BBPOBT OF THE SUBVETOB-OEVEBAL OF MOHTAHA.

United Statbs Survbtor-Ghneral's Office,

Belena, Mont, July 16, 1890. In oorapUance with the instraotions of your letter £, dated April 23, H K), I have the honor to submit herewith my report, in daplicate, of the sarveying operations of this district for the fiscal year ended June 30, 18^9. During the fiscal year sarveys have beea approved and reported as follows:

AORIOULTURAL SURVEYS.

Base, standard, and meridian lines.

Exterior township lines

Bnlidivisional lines

CloHiaf^ and connection lines

Meander lines ,

Boandarie-t of Indian reservations . Townsite lines

Totol

Measarsmenta.

ifOst.

OhM. IAb.

66

65 66

120

60 51

1,118

28 87

4

66 56

60

53 57

818

18 28

1

2 74

1. 675 51 19

There were made during the year plats, transcripts of field notes, etc., as follows, viz :

Standard and exterior plats 9

Township plats 83

Towns! te plats 4

Transcripts of field notes 34

Descriptive lists of townships for land offices 96

Tracings, sketch maps, meander sheets, blue prints, and transcripts for deputies,

settlers, special agents, etc 130

Total 356

Twenty-five townships and fractional townships, one townsite, and the surveys of

Eart of the south and east boundaries of the Crow Indian Reservation, and the oaiidaries of tbe Blaclcfoot. Fort Belknap, and Fort Peck Indian Reservations have been surveyed and accepted. The maps and transcripts of field notes of the surveys of all the Indian reservations were furnished, as required by their contracts, by the surveyors.

One contract was let payable from the fund of special depositors. No deposits were made by any railroad company for surveys, nor for surveys of private land olaiios, nor for office work of township surveys.

MINERAL SURVEYS.

Orders issued for surveys 350

Supplemental orders issued for surveys 43

Orders issued for reports on placers 24

6u pplemental orders issued for reports on placers I

Surveys examined and approved 32a(

Amended surveys examined and approved 18

Beportson placers examined and approved 18

Plats made 913

422 «

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I-

MONTANA. 423

Trauscripts made of surveys and reports on placers 309

New conDeoted sheets made 84

Total agricn It aral and mineral plats made 1,009

Deposits for oi&ce work on mineral surveys $11, 506

Deposits for office work on reports on placers 5^40

Total 11,775

Number of letters received 1, 553

Number of letters written 2,594

A new '* Manual of Instructions for United States Deputy Mineral Surveyors for the District of Montana" has been completed and published, including sample field not«s, and plat of lode and mill site, with instructions for writing field notes of ** con- tiguous " lodes ; also specimen field notes of ** repor^i on placer " claims, for the

uidii nee of mineral depntien in executing surveys under the provisions of Title

XXII, chapter 6, United States Revised Statutes.

A very Urge amount of miscellaneous work was also performed, which is not in- cluded in the above statement, and which can not be given in detail.

Eleven contracts for the survey of public lands on tbe public domain, and also on the Crow Indian Reservation, have been let; estimated liability, |34,0t)0; and orders of survey have been issued for survey of Fisher's island, in sees. 11 and 12, T. 19 N., R. 3 £., and Bowers's island, in sec. 4, T. 19 N., R. 3 £., as authorized by Commis- sioner, liability, $50.00.

Appended hereto are exhibits A, B. and C, showing the contracts let, and when issued, fi»r the fiscal year ended June 30, 1890.

There are now in this office awaiting examination field notes of contracts amount- ing to $3,350; of one island (Fisher's) in sees. II and 12, T. 19 N., R. 3 £., and of towuHhips surveyed by United States Deputy George K. Reeder, under the direction of G. V. N. Ogden, detailed clerk of the General Land Office, on Clark's fork of the Columbia river, in this Stat«. Those were filt^d in this office by the surveyor, and were ordered to be examined, plats and transcripts made, and transmitted to the Commissioner, as if regularly surveyed under contract by his letter E, dated March 11,1890. For list of these townships, see exhibit D. These are partly examined and platted. One other contract (No. 22<S), estimated liability $1,700, has been ex- amined and maps nearly completed. The field notes of one contract, estimated value $1,150, have been examined and returned for correction. The field notes of con- tracts to the estimated value of $36,870 have not yet been returned by the deputies. These, however, with perhaps one or two exceptions, are all in the field prosecuting their work.

lu the case of United States Deputies Rakowicz and Mead, contracts 224 and 225, in the Flathead Lake and Bitter Root River valleys respectively, in the western part of the State, tliey were prevented from finishing their w6rk last year by the smoke from the burning timber, which obscured the sun, and made the use of the solar com- pass impossible during nearly the whole of the working season. They obtained an extension of time, and are now finiHhing their contracts in the field.

Contracts Nos. 19G, 203, and 210, amounting to $ t,909.39, have lapsed, owing to ex- piration of limit of appropriation, and thus form a deficiency, of which $ij|8()9.35 was due from the appropriation of 1p<85-'86. and $2,040.04 from the appropriation for 1^86-'^<7. They were examined, approved, and returns forwarded to Commissioner from this office. The deputies having signified their assent to their being approved withtmt payment made except through deficiency bill to be passed by Congress, Nos. 196 and 203 were approved by the General Land Office, and triplicate plats were filed in the local land offices. No. 210 is now being examined in the field by a special ex- aminer.

All of the sum apportioned to this district by the Commissioner for surveys during the fiscal year ending June 30, 18U0, has been contracted for. This result has been in great measure owing to the surveys be«ng confined to agricultural and settled lauds, and also to augmented rates being allowed by the terms of the last appropria- tion. I would also state that the recent practice of allowing surveyors-general to appoint local examiners to inspect and report on the work as soon as completed has, at least in this dintrict, worked very well, and has enabled the examinations to be conducted with great promptness, efficiency, and economy, and has obviated in a great measure the delays which formerly occurred in approving the returns of con- tracts.

The Rompensat'ou per mile allowed for public-land surveys is in most cases insuf- ficient. Whilst there still remains some comparatively level land to be surveyed in Montana north of the Missouri river and along Milk river, the greater part of the State consists of narrow valleys along the principal streams and their braucbes, sep- arated from each other by hills, mountains, or arid table-lands. In the west, par-

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424 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

tionlarly on the Clark's fork of the Colnmbia river and the Flathead Lake region, there is a great deal of good agrioultaral laud, bnt heavily timbered, which, iu the interest of the government well as of settlers, shonld be surveyed. It is found by- experience that it is impossible to survey this country (with any profit to the sur- veyor) even at the highest augmented rates allowed.

Under the most favorable circumstances the ground in any specified section of the country is generally so broken, and the quantity which can be surveyed so difficult to estimate, that even in large contracts it falls short, and the surveyor finds that he has made a large outlay tor a comparatively small compensation. Hence it is noto- rious that it is almost impossible to have surveys made iu distant and rough sections of the State unless the settlers assist the surveyor with their own labor, or that of their teams, free of charge. They should not be put to ttas expense ; the <:ompenHa- tion should be such as to Justify the surveyor in undertaking the work without call- ing on the settlers for aid.

I would also state that for several years past the amount appropriated for clerical labor in the agricultural department has been insufficient to handle the work which has to be done. The draughtsmen particularly not only have the examination and plattings of field notes and numberless maps to make, but a large amount of other work, snch as tracings, diagrams, etc., to execute. Their number is so small that, when there is much extra work, the examinations and plattings are much retarded, to the great loss in time of the government, settlers, and surveyors. The unequal proportion arises from the fact that the apportionment of surveying funds to a dis- trict is made out at the discretion of the Commissi oner, whilst the amount to be paid for clerical labor is absolutely fixed by &ct of Congress, and there is no common rela- tion between the two. There should be some means devised by which there should be a reasonable proportion between them.

ACGOMPANTINO BXHIBITS.

A. Statement showing contracts let under appropriation for pnblic snrveys for fiscal year ended June 30, lc$90.

B. Statement showing contracts let for surveys within the Crow Indian Reserva- tion.

C— Statement showing contracts let during the year payable from '* special de- posits." •

D. Statement showing the township and other lines snrve^ed by George K. Reeder, United States deputy surveyor, on Clark's fork of Columbia, under direction of Q. V. N. Ogden, detailed clerk of General Land Offioe/ now in surveyor-general's office, and being examined ard platted by order of Commissioner. Very respectfully,

GEO. O. EATON, Surveyor-General far Montana, Commissioner General Land Office,

Washington, D, C.

-Statement showing contraotn let and payable from the appropriation for public sarveye for the fiscal year ended June 30, 1890.

No.

233

Date.

1890. Jan. 4

1889. Dec 5

To whom let.

Description.

Geo. T. Lanport .

FaulS.A.Bickel..

Survey of the Cooke City crnide ramdian north 11 milea 50.12 chains west of the fifty-seventh mile-post on south boundarv of Montana, throauh Ts 9 aorl 8 S., betw**eQ Bh. 14 and 15 £.; the south, west, and north boundaries and subdivisions of T. 8 S., R. 14 E. ; the west boaudarv j and subdivisions of T. 9 S., R. 14 E. ' i

Survey of the fractional south, west, and fractional north boandaries and subdivisions of fractional T. 15 N.. R. 5 W. ; fractional wpHt boundary and Hubdivisions of froc- tional T. 16 N.. R. 4 W.; west boundary and Hub<ii vis- ions T. 16 N., R 5 W. ; fourth standard north run weHt2^ miles to standard corner to Ts. 17 N., betw«>en Rs. 6 and 7 W. ; we!4taiid fractional north boundaries and sobdivis- sioufyaotional T. 17 N., R. 6W. : fira tionalsou«hand west boundaries and subdivisions, flractional T. 19 N.. R. 7 W. ; south, west, and fractionalnorth boundaries and subdivisions T. 19 N.. R. 8 W.

I Bati. I mate.

$1,220

1,800

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MONTANA. 425

A. Statement 8haw%ng oontracts let and payable, etc, Continued.

De^crlptton. ' ^**"

286

287

289

241

1890. Jan. 20

Feb. 18

Mar. 1

Rodney W. Pftf^e ■odll'ewto&OiT.

Panl&A.BIokel. Geo. T. Lvnport .

George Sheets.

May 15 June 5

242 ; June 21

Apr. 11 Jaae20

Victor E. Toll...

Paul 8. A. Biokel and Galen H. Wheeler.

Anfcns McGill- ▼ray;

William E.Kem. ...do

Snrvey of the principal meridian of Montana through fractional T. 30 and Ta. 81 and 82 N.. run 16 miles north to the atandard townnhip corner tn Ts. 82 and 33 N., be- tween Ka. 1 E. and 1 W. ; the eighth standard north on a parallel of latltnHe east through R«. 1 to 30 E., Incla- sive, 180 milt*s; Tantic guide meridian 12 miles north through Th. 83 and 34 N., between Ra. 16 and 17 B. ; tho Belknap guidv meridian 12 milea north through Ts 33 and 34 N.. between Rs. 20 and 21 E., and 6 miles aonth through T. 92 N., between Rs. 20 and 21 E.; the Fort Browning ^nide meridian 12 miles aonth through Ta32 and 31 N., 1>etween Ra. 28 and 27 E. ; exterior boundaries and subdiviaiona of Ts. 33 N,. Rs. 17. 18. I9.20,21,22,and 23 E. ; exterior boundaries and HnbdiviHions ol T. 34 N., Ra. 19 and 20 £. ; exterior Itonndaries and subdivisions of T. 82 N.. Rs. 20. 21, 32. 23» 24 26, and 26 E.. and exterior boundariea, snbdiTiaiona, and meanders of Pactional T. 31 N., Ra. 23. 24, 2S. and 26 E.

Snrrer of the snbdiviaion lines of Araotional T. 0 N., R. 5 W.

Survey of the fractional west bonndarv, sabdivlaiona and meanders of fractional T. 2 S., R. 14 £. ; fractional aonth boundary, anbdiriaiooa, and meanders of fractional T.2 S., B. 13 E. ; fhictioual eaat bonndary, snbdiviaiona, and meanders of fractional T. 1 S., R. 16 E.; anbdivisions fractional T. 1 R.. R. 17 E.; fraetionHl east and west boundariea. snItdivislonM, and meandera fractional T. 8 N., R. 81 E. ; exterior boundaries and snbdi visions T. 1 S., Ra. 46 and 40 E ; exterior boundaries and subdivis- ions Ts. 2 and 8 S.. R. 47 B. ; exterior boundaries and snb«1ivlsions, Ta. 4 and 6 S.. R. 48 E. ; eleventh guide meridian run south 6 milea through T. 5S., between Rs. 44 and 45 E.; Orat atandard parallel south mn 12 miles eaat through Rs. 45 and 46 B.. and weat 6 milea through R. 48 E. ; exterior boundaries and aubdiviaiona of Ts. 4 and 5 8., R. 45 E ; exterior bonndarles and snbdviaiona T. 6 S., R. 46 E. : twelfth auxiiinry guide meridian run sooth through Ts. 6, 7, 8, and 9 S.. between Rs. 47 and 48 E., toaoothem boundary of State; exterior boundaries and aubdiviaiona of Ts. 7 and 8 8., R. 48 E. : exterior boundariea and aubdiviniona of Ta. 7 and 8 8.. R. 40 B.

Snrvey of the fhiotlonal south boundary , snbdi visitma. and meanders of fraction>tl T. 6 N., R. 38 E.; snbdivixions of T. 8 N., Rm. 4.*^ and 46 E.; anbdfvisions and meanders of fractional T. 15 N., R. 55 E.: east and weat boundaries and subdivisions T. 5 K., R. 42 E.; subdivisions Ta. 1. 2, 3, and 4 N., R. 48 B.; RubdiviHlons T. 4 N., R. 42 E.; subdivisions T. 1 N.. R. 48 B.; south and east boundaries and AobdiviHlons T. 1 8., Ra. 53 and 54 E.; flrat atandard

Karallel aonth mn eaat through Ka. 61 and 62 E. to east oundary of State ; eaat anil north boundariea and aub- diviainna Ta. 2. 8. 4, and 5 S., R. 61 E.; aonth and eaat boundaries and aubdivialons Ts 6 and 7 8., R. 61 E.: fractional north boundariea and aubdiviaiona fractional Ta. 2. 3. 4. and 5 S.. R 62 E.; fractional south boundaries and subdivisions fractional T. 6 and 7 S.. R 62 E.

Survey of the base line eaat through R. 6 E.. the eaat and north boundaries and subdivisions fractional T. 1 N., R. 6E.

The survev of the fourth standard parallel north through R. 2 and fractional R. 3 W.; the.nouth and east bound* ariea. subdivisioni, and meanders of T. 16 N.. R. '2 W.; , the fractional eaat boundary, snbdi visions, and meandera i of fractional T. 16 S., K. 3 W.; the south, wat. and fractional east bonndai-i"8 and Hub<liv1rtiona of T. 18 N , R 7 W.; the weat an<i fractional north boundariea and subdiviaions of F. 27 N., R. 8 W.; the west boundary and Hubdiviaioos of fraotioiial T. 28 N., R. 8 W.

The Aurvev of the aonth boundary and subdivisions of fractional T. 15 N".. R. 1 ( W ; the north and fractional west boundarvof T. 15 NT., R. 14 W.; the eaat and weat boundaries and subdi^ iaiona of T. 16 N., R. 14 W.; the aouth and weat boundaries and subdiviainns of T. 16 N., R. 15 W.; the fourth atandard pamllel north run west 40.43 chains through R. 13 W., and 12 miles through Rs. Hand 15 W.

The survey of island in sees. 11 and 12, T. 19 N., R. 3 W.

Island in sec. 4, T. 19 2?.. B. 3 E

$10. 009

159

4,409

115

1,800

765

26 26

* Spedal instmotions.

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426 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

B. Statement ihowing oontraote let for surreys within the Crow Indian BeservaHon, pay- able from appropriation of |100,000 made 6y 9ih section of 4M)t of Februarg 8, 1887 {fli Stats /Mti),

Surrey of the Clark's Fork ^ide m«ridiAn run mmth through tractional T. 2 and Ts. 8, 4, 5, Q, and 7 S , between Ka. 23 and 24 E ; flrnt standard parallel soath run west through Rs. 22 and 23 B.. and east throii«[b Ra. 2^ 28, and 29 B : west and north boundaries and snbdi visions Ta. 4 and 58m K. 28 E; west and north boundaries and snb- divislona T. 5 S , B. 22 E ; south, eaiit and north bounda- ries and subdivlnions T.7 8., R. 24 £; east boundary and subdiTlRiotisT.6S.,R. 24B; east and north bonnd- ariesand subdivisions Ts.6,4,Mnd8 SmR.24£; soath, A-actional west and north boundaries, subdivisions, and meanders T. 2 8., R. 25 £ ; west and north boundaries and subdivisions T. 2 S.,R. 26E; fractional west boundary, sul>division and meanders T. 1 S., R.S6 B; west bounda- ries Ts.4 and 5 S., between Ra. 27 and 28 B., run south 12 miles to first standard uaruUel south, to be desiic- sated as Pryor's Cieek KUide meridian j east and north boundaries and subdivisions T. 6 S., Rb. 28 an<l 29 E ; west and north boundaries and subdivisions T.4 S , K. 31 £ ; north and west boun aries fractional T. 9 &, R. 34 £ ; fractional north and wei*t bouDdMries and sub- divisions T 9 8 , R. 33 E ; west and north boundaries and subdivisiouRT. 88., Rs. 33 and 34 E ; west and north bound- ries and subdivisions T. 7 S., R 34 B : north and west boundaries and subdivisions fractional T. 9 8., Ra. 36 and 37 £.

C. Statement shoioing contracts lei during the year payable from ** special deposits,^*

No. Date. ' To whom let.

240

1890. May 21

Gustavo A. Kom- berg.

Description.

Eati.

Survey of the north, west, and ft^otional east boundaries and subdivisions of T. 5 N., R. 12 W.

$110

D. Statement showing the townships and other lines surveyed by George K, Reeder, United States drputy surveyor , on Claries fork of the Columbia^ in Montana^ under direction of G. V. A\ Ogdettf detailed clerk of General Land Office^ now in surveyor-generaVs ojljlce, and being examined and platted by order of the Commissioner,

When surveyed.

Description of surveys.

1888. August, September, October, and November.

Fifth standard parallel north through fractional R. 27 W ; exterior lines of fractional T. 21 N., Rs. 27, 28, 29 VV., and T. 22 N.. Ra. 29 and 30 W ; subdivision and meander HnoHof fractional T. 20 N., R 27 W ; subdivision and mennder lines T.21 N., Rs.27. 28, .;9, and 30 W ; aiib> division and meander lines T. 22 N., Ra. 29 and 30 W.

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EEPOET OF THE SUEVETOEOEVEEAL OE HEVASA.

United States Subyetor-Gbnbral's Offics,

Beno, Nw,f July 16, 1890.

In compliance with inatrnctions contained in yonr letter £ of date April 23, 1890, I have the hoDor to submit herewith annual report, in duplicate, of the survey iug •operations of this district for the fiscal year ending June 30, 1890.

I also submit in duplicate tabular statements as follows:

A. Appropriation account for compensation of surveyor-general and employ^.

B. ^Apprupriation account for contingent expenses.

C— Appropriation account of special deposits by individuals for pay of clerks, •etc., for office.

D. Appropriation for survey of public lands.

E.— Balance of special deposits for survey of public lands and mining claims.

F.— Statement of contracts entered into with depnty surveyors for the survey of public lands.

The number of miles contracted for chargeable to the appropriation for the fiscal year ending June 30, 1890, are as follows :

Stmidftrd lides

To wDnbip lines ... Subdivision lines .

Total

Meaaurementa.

MiUt.0h8.Lk9.

6 00 00

27 00 00

a05 40 00

138 40 00

The number of miles chargeable to the appropriation of August 4, 1886, which have been approved, were as follows :

Heaanrements.

I MUu.0h9.Lh8,

Standard lines I 3 40 00

Township lines 40 10 00

SnbdiviHion lines i 879 64 76

Connecting lines I 3 23 10

Total I 935 58 86

_ _ _ I

Number of mining plats drawn, 188.

Sixty-six applications for mineral surveys have been made and |2,030 deposited in the United States Treanury for office work on the same.

There are four contracts under the appropriation of August 4, 1886, which have not be(>n acted upon. Of these the field notes of contracts lb7, 188, and 189, compris- ing fifty-two townships and fractional townships, have been in thif^ office for more than a y»*ar; and the tield work of contract 186, comprising twenty-one townships, I nnderstand is about completed, but the field notes have not yet been returned to this office.

I would urge the importance of clearing off the arrears of work in this office. The accumnlation of old work embarrasses the current business, and the delay is a great .injustice to the deputies who have done the work.

427

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428 REPOBT OF 00MMIB8I0NER OF GENERAL LAND OFFICE.

It is my pnri^se to clear off tbisold work as rapidly as possible, and to tbat end I wonld ask a liberal appropriation for office expenses.

There is qaite a nnuiber of settlers in varioas parts of tbe State wbo bave asked that the public snrveys be extended bo as to ei able th«*m to obtain title to their lands; and an no surveys bave been madt) in this 8(ate outside the limits of the Cen- tral Pacific Railroad grant for a number of yearn, I wonld recommend that, in addi- tion to tbe amount appropriated for surveys wiThin those liiults, a sufficient sum be appropriated to extend the surveys in other parts of the State to accommo<latetbem.

The lands of this State, even those desiji^nated as second and third rate in the field notes anil plati of the public snrveys, need only irrigation to make them produce as abundant crops as regiouH favored by a more generous rainfall. And for much of this land irrigation is entirely practicable, needing only capital and tbe co-operation of the settlers to store tbe water in tbe mountains in the season of rainfall and bring it upon tbe lands as it is needed.

During the past year great interest has been manifested by the people of the State in the problems of water storage and irrigaticn. A State board of trade ban lieen organized, and plans are being matured for building storage reservoirs and construct- ing extensive canals, whicb will bring under irrigation many times the area now cul- tivated.

For the last three years the rainfall has been exceptionally light, and last summer nearly all the streams of the State, including the Humboldt, Truckee, Carson, and Walker rivers, went entirely dry. The heavy snowfall of last winter, coming after a series of dry years with short feed, caused a heavy loss of live stock throughout the State; but tbe melting of the snow has filled the ground with water, restored the springs and streams, insuring good crops and abundant feed for stock, and enabling the quartz mills, which had been stopped irom lack of water, to resume operations. This puts life into tbe languishing industries of the State, and gives reasonable assnr- anceof a prosperous season both m agriculture and mining.

In view of this improved condition of affairs in the State. I feel justified in asking much more liberal appropriations for surveys than have been made for several year» past.

Geo. F. Tcrrittin, U, 8, Surveyor-General for Nevada,

Hon. Lb WIS A. Qroff,

Commissioner of General Land Qffiee,

A. Statement of aooount of appropriation for salaries of surveyor-general and employ4t

during the flsoal year ending oune 'SO, ItiOO.

Dr. Cr.

TJnlted States Sarveyor-G«nerft1 C. W. Irish, to amount paid quarter ending September 30, 1880

To aDioiint paid quarter ending Beoem* ber31.l889

To amount paid quarter ending March 31.1890 .„.. r ,

To amount paid fractional quarter end- ing June 23, 1800

To balance returned to Uniti d States Treasurer

$1,070.97

1,061.84

1,07S.00

092.41

100.28

4,800.00

By appropriation for salaries of sur- veyor-general and employ6s

$4,800.00

4,300.00

B. Statement of aooount of appropriation for rent of office, fuel, hooks, stationery , etc. during the fiscal year ending JunedO, 1890.

Da.

Ca.

To amount paid quarter ending Septem> b««r30,1889

To amount paid quarter ending Deoem* ber31,1889

To amount paid quarter ending March 31,1890

To amount paid fhkctional quarter end- ing June 23. 1890

To balance returned to United States Treasurer

$160. 75 198.14 174.50 221.13 66.49 800.00

By appropriation for inoldentnl ex- pennes in office of surrey or^general of l^evada

$800.00

800.08

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NEVADA.

429

C—StaimMHt of aeoauni of $peokU dopoHU fry individuals for pubho-Uind 9wrvey$ and nUnerai e/oiiM, for pay of olrrks, draughttm^m, and ooniingeni eacpon$6$ of office durin§

iheJUcal yoar ending June 30, lo90. Db.

To amoont pAid qiubrter ending Septem-

ber80.1889

To Aisonnt paid quarter ending Decern-

ber81.1880

To amount paid quarter ending Marofa

31,1890

To amount paid fraeiiooal quarter end-

infr Jiine23, 189U

To balance returned to United Statee

Treasurer

amount appropriated .

Cb.

$52aM

620.00

D. Statement of aoeount of appropnation for surveys of public lands during the fiscal

year ending June 30, 1890.

Db.

Ce.

Balance June 30, 1800

«1,«30.00 1

Appropriation

$1,630.00

E. Statement of account of special deposits hy inriividuals for surveys of public lands and mineral claims in Nevada for the fiscal year ending June 30, IndO.

Cb.

Db.

To amount paid qnarter ending Sep- tember 30, 1880

To anion nt pfiici quarter ending De- cember 31, 1^^

To Hmnant paiii quarter ending March 31,1J<»0

To amount paid qnarter ending June 80,1800

To balance

$8.16

9.00

234.00

18.00 18,316.60

18,6b6.76

By bfllanoc July I, 1889

Bv amount dt^pOHired qUMter ending Septemiier 30, 1889

By amount d«>poKited quarter ending December 81. 18'<9

By anionut d»>portited qnarter ending Maroh31,1800

By amount 'leiionited fhictional qnar- ter ending Juue 2:i, 1880

By amount deptwited fractional quar- ter ending June 30, 1800

$16,655.76

680.00

1,090.00

380.00 80.00

18,685. 76

F,— Statement of contracts entered into by the United States surveyor -general for Nevada with deputy surveyors for the survey and resurvey of public lands during the fiscal year ending June 30, lo90.

C«n tract

Name of deputy.

Character and location of field work.

No. 1 Date.

* 191

Sept 18, 1880 June 18, 1800

J. M. Houston

Thomas H. George. . . .

Nnrrh, east, and part of south boundary of sec. 29, T. 0 N., R. 27 E., Mount Diablo meridian.

Bant, south, and west b 'undaries, and so much of the flrat standard parallel nortti as constitutea the north boundttry of T. 6 N.,R. 35 £., from the northwest comer of tuiid townahip eastward to the southeast comer of T. 6 N.. B. 36 E.; also all the subdiriaion linen of said T. 6 N..R. 36 £., together with all the west boundary and the weat 3 miles of the north boundary and all subdi- ▼iHion lineM included between said west boundary and eastWHrd to and including the east line of sec. 4, the south line of sue. 3, aud the eaai lines of sees. 10, 16, 2i, 27. and 34, all in T. 6 N , K. 35 £.. Mount DUble meridian.

* Special insirnctions.

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EEPQET OF THE SUEVETOR-OEHERAL OF HEW MEXICO.

United Statks Survbyor-Gbnerai.'s Ofpick,

Santa F4, N. Mex., July 19, 1890.

As directed in yoar letter £, dated April 23, 1890, I submit my report for the fiscal year endinp^ June 30, 1890.

During the year ten contracts have been awarded for the survey of pnblic lands in New Mexico, all of which are made payable from the appropriation for the survey of public lands. The annexed statettient, marked exhibit A, fully describes each contract.

Of the contraet<4 therein mentioned, Nos. 249, 250, and 251 have been executed and returned, and the surveys provided for have been accepted by your office.

The burveys provided for in contract No. 252 have been executed and retnmed,^ but are not yet accepted.

The annexed statement, marked exhibit B, is a true statement of surveys which have been returned and reported during the year. The number of miles of different lines established, as therein stated, is as follows :

Standard

Township and township retracements

Sabdivisions

Closings

Keservation

6* ant boundaries.

Meanders

Total

Measurements.

Milu. 83

186 096 46

1 4 2

40 00-

49 47

60 W

OS 79

56 10

00 90

71 18

813

40 63

All of the surveys approved and reported by this office, as above stated, have been executed in whole or in part during the year, with the exception of surveys executed nnder contracts Nos. 238, 240, and 241.

The number of miles of different lines established is as follows :

Standard

Township

SnbdiTision

Closfnes

G ran t Doundaries. Meanders

Total

Measorements.

32 00 90

166 11 76

349 08 99

38 00 99

4 00 99

585 01

During the year surveys of nineteen townships and fractional townships have been reported. All of these surveys have been accepted, and triplicate plats have been filed, with the exception of surveys executed under contract No. 238.

It is greatly to the credit of the deputy surveyors who have executed work under these different contracts that in not a single instance has work been rejected upon an examination of the surveys in the field.

The demand for pnblic surveys seems to be increasing. I am constantly in receipt of letters from settlers in all parts of the territory inquiring as to the manner of pre- paring applications for survey of pnblic land. In reply to all of these letters I have given instructions, which are in all cases full and complete, and which direct in the minutest particulars as to the form and substance of the application. Notwithstend- ing this, applications for public surveys are in many cases not only defective in form, 430

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NEW. MEXICO. 431

bat tbey do not coutain the information which is necessary to form an intelligent opinion as to whether or not the township of the character which the public inter- est reqniren to be surveyed.

In view of the fact that settlers on pnblic lands are not accnstomed to prepare documents of this character, to hold them to technical aconracy would, under exist* ing regulations, be an effectual bar to the survey of government lands. This diffi- culty might be obviated by furnishing a blank form, to be prepared under the direc- tion of the Commissioner of the General Land Office, which might easily be compre- hended, and when properly filled out to coutain all tne information required.

I have had many applications and letters of inquiry relating to the survey of town- ships made fractional by preliminary surveys of unconfirmed grante. In these cases settlers have been promptly advised that under the rulings of the department such townships are not surveyable.

The only possible objection to surveying townships which are made fractional by these preliminary surveys is that the lines upon which the township lines would close may not be adopted when final action is taken on the grant. On the other hand, a reference to the map of this Territory will show that surrounding many of these preliminary surveys the government land is nnsurveyed. Some of this land may be classed as the richest in New Mexico, and upon which settlers have lived for years, mnking improvements and cultivating the same, without being able to obtain title to their homes. If these lands were surveyed they might be disposed of to the mutual advantage of the government and the settlers.

That the present state of affairs is a hardship on the Rettlers needs no farther demon- stration. Unless final action is to be taken in regard to these unconfirmed grants in the very near future, I am of the opinion that this rule should be abrogated. If it is not thonght to be advisable to close on these grant lines, which may not be permanent, and to complete the survey of the fractional township in case the grant is finally de- clared to be invalid or the boundaries changed, the township lines might be extended within the boandaries of the preliminary survey, and that portion of the township which is in conflict with the grant might be withheld from sale and entry. This is especially so when only a small portion of the township wonld be cut by the line of the grant.

That the title to the land included within the boundaries of these grants has been so hopelessly imperfect for so many years is enough in itself to serioasly impair the prosperitv of New Mexico. It is an additional hardship that lands not included therein should be tied up also.

During the year plats have been made as follows:

Township 57

Diagrams of ext'Orior lines 20

Mining claims 164

Orants 2

Miscellaneous plats 6

Mining districts 24

273

MINING.

The aggregate of deposits made on account of mining claims during the year is 91,59G. Dnnng the past sixty days there has been a great increase in tne number of applications for survey of claims, and especially so for claims located in the Las Cruoes district. Reports from different parts of the Territory indicate that new discoveries are being constantly made.

Many of the locators of mining claims are poor men, who, because of the great cost of patenting their claims, find it necessary to make the statutory expenditure year after year for the lack of ready money to perfect their titles.

In referring to the mineral resources of New Mexico, it must be remembered that some of the richest mineral land in the Territory is within the surveyed boundaries of confirmed and unconfirmed Spanish and Mexican grants. As under the laws of Spain and Mexico, the right to mines was reserved to the government, unless ex- pressly granted, in confirming Snanish and Mexican grants, the mineral shonld be reserved to the United States, unless it clearly appears that the mineral was expressly granted by Spain or Mexico.

During the year twenty-four diagrams of mining districts have been made, and even now this work is not up to date. It is my purpose to push this work to com- pletion as soon as poHsible.

In a number of cases errors have been discovered in old surveys in connecting the same with locating monnments or pnblic survey corners. The serious nature of such errors is evident. Errors of this class have been found in the work of depu- ties who have left the Territory and on not now be found. If practicable, there should be Home method of correcting these errors without putting the mine owners to expense.

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432 BEPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

OBANTS.

Durio^ the year the houndaries of the grant known as La Salina, which said gmat was confirmed to the heirs of Henry Voloker, baye beien established. Prior to the survey an investigation was made for the purpose of furnishing information upon which to base special inptractions.

Only one petition has been filed under section 8 of the act of June 22, 1854.

The claim above referred to is tiled by the Indians ol Isleta, who claim certain lands outside of the boundaries "of the grant confirmed to them, and which ia alleged to have been purchased by them in 1750. They claim to have been in actual possession of the laud ever since the date of sale to the pueblo. No evi- dence has as yet been submitted in support of the case. The failure of claimanta to present their claims may be easily accounted for. It is a matter of some expense to present a claim before this ofiQce. Witnesses must be brought here and an attor* ney must be employed. Even should the surveyor-general return a favorable report to Congress, thr* return for all this trouble and expense would be very small. Past experience tibows that the report would probably not be acted on by Congress, wilhout which action the oi>iuion of the surveyor- general would amount to noth- ing, in view of the decision of the Supreme Court of the United States that the favorable opinion of the surveyor-general is no evidence of title.

There is uo subject that more justly demands tbe immediate attention of the gov- ernment of the United States than this matter of unsettled laud claims. The num- ber and character of unseitied claims, so far as they have beeu filed in this office, is given iu the unuexed statemuut marked exhibit C. But there is also a very great number of juHt claiuis that have not beeu tiled.

New Mexico was first taken posHcsHion of by Spain, through an expedition com- manded by Coronado, just three hundred and fifty years ago, before De Soto had reached the Mississippi. It was permanently settled before 1600. From that time till l&2i title to lauti within its borders was gradually passing from the govern- ment of Spain to private parties, in a similar manner the republic of Mexico, by wise colonization laws, endeavored to promote the settlement aud private owui-rHhip of lands, while the governors acting under her authority often gave away land with^what seems to us reckless prodigality. When New Mexico became a part of the Uuit^id States it contained a population of bO.UOO. Some of these were wealthy and held great tracts of laud, often given them as a reward for military services. Although smalier hoMings of laud are more consonaut with our ideas of what is best for a free community, still, it must not* be forgotten that the government of the United States agreed to protect these persons in the enjoyment of their property, whether they resided here and became citizens of the United States of removed southward and remained citizeos of Mexico. A large number of these claims have been adjusted under the provisions of the law of 1H54 establishing ^he office of surveyor- general, and the remaiuder would soon be disposed of if Congress would act upon the reports of the surveyor-general. A careful re-examination and resurvey would, however, in many cases, be desirable, by reason of the contiicting reports of previous surveyors general, aud in order that all the facts obtainable hesring on each case might be laid before Congress. If, however, Congress should he unwilling to take the responsibility of deciding these cases, it should empower some tribunal to proceed to decide bhem.

SMALL HOLDINGS.

By far the larger part, however, of the H0,000 people who became citizens of the United States by the annexation of New Mexico were poor. They and their ances- tors had been located where they were by the colonization plan pursued by Spain and Mexico.

About the time of the discovery of New Mexico Emperor Charles Y of (Germany (being also King of Spain) decreed as follows:

<*If in that which is already discovered in the Indies there should be any places and districts so good that it may be proper to found settlements, and any person should make application to settle aud reside in them, in order that with a greater will and profit they may do so, the viceroys and presidents may give them in oar name lands, house lots, and waters in conformity with the disposition of the land."

This plan was pursued until the annexation of the territory by the United States. Under the republic of Mexico the colonization laws and regulations became a very complete system, admirsbly adapted to the character of the people they were de- signed to benefit and to the character of the country to be occupied. The governing ideas always were that to any one without land lands should be given as long as tbe government had unoccupied land, and that it was better for the nation that the country should be settled and the land reduced to private ownership.

Generally the lands and waters were assigned to each person ** in conformity with the disposition of the land" by an inferior ofilcer (alcalde) sent with them tor the purpose. The result would be a placita with its outlying lands, something like the loliowing:

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NEW MEXICO.

433

9405L

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434 REPORT OF COMMISSIONER OF GENERAL L^ND OFFICE.

The Arabic figures indicate the house-lot, on which the maD lives with his family, and the Roman nnmerals his farm-lot, on which he raises the little crop of wheat and yegetables by which they snbsisC.

The moisture which causes his crop to grow comes not from the blue sky over his head, but Irom the aoequia at the rear ; and when his turn comes to use it he cnts ita bank with his hoe and the life-giviug water qnicklv fills his first square of earth to the depth of a few inches ; then, as the ground all slopes gently down toward the the river the water moves quietly on from cross-rid^e to cross-ridge, leaving the squares behind it so thoroughly soaked that under the warm sun of New Mexico they will produce luxuriantly of whatever may be required of them. From the nat- ure of his onltivation his land must extend from the acequia downward as the land slopes, and so farms that look all out of shape t.o the eastern man are the almost uni- versal custom here. And they are more apt to erow narrower than wider, for if a man who owns a strip 200 yards wide and one-ionrth of a mile long dies, leaving four children, then each of them, without will or deed, but simply because every one understands it, becomes the owner of one- fourth of it that is, of a strip of the fnll length and fifty yards in width. Again, the owner of lot 3 may on marriage aoqnire with his wife lot 14. Then ho goes on cultivating the two without seeming to try to get his holdings consolidated;

Of course the owners can not make entries under the land laws for land in saoh shapes. Their not living on the lauds would also prevent entry.

The owners of all the farm- lots up and down the river live together about the plaza, in which they can quickly rally in case of an Indian attack, the regulations requiring every man to be supplied with arms aud horses for the couimou defense. Unitedly they dig the aceouia and do other work for the common good; unitedly they rear the village church and maintain its worship. Sometimes the settlement was established by a formal grant, which gave to it also the land for 10 or 20 miles on either side of it. In such cases it is specified that this is for the common benefit of the settlers, by furnishing them pasture land and wood land, and for those who should afterward join themselves to the new settlement. The idea of the Mexican people always was that the large tract gave the settlement room to grow, and that any new-comer or boy coming of age, wno wanted a piece of land out ot the com- mon stock to cultivate, could have it and could go on to improve it by taking oat a new dit-ch or otherwise.

In view of these facts I think that every one living in this community at the time that it was transferred to the United States had a certain interest in the outlying lands, and that they did not belong exclusively to the heirs or assigns of the one or more settlers mentioned in the original papers. I also think that every member of such a community, no matter how poor he may be, was included in the provision of the treaty of Guadalupe Hidalgo; that Mexicans electing to become citizens of the United States *' shall be protected in the free enjoyment of their liberty aud prop- erty.'^ In order to protect them in their propertv in land, and to avoid taking it away from them ana throwing it into the mass of its own property, the public do- main, it was necessary for the United States to determine what the property of each one was. That should have been done at once. As it was not done and matters were allowed to drift along in the old way, I consider that the Mexican custom as to the rights of newcomers who joined themselves to a community continued to ran, and that every person now holding land on a grant made under the colonization laws has an interest in the outlying lands of the grant.

The question as to what each man owns should be settled at once. The whole prosperity of New Mexico depends upon it. The gravest evils have already resulted. Supposed interests in community grants have been bought up, and under them large tracts have been fenced and poor men have fouud themselves substantially shnt np to their farm-lots and thereby reduced to the greatest distress. Where they could get a living from the farm-lot combined with the herd of goats and sheep living on the common pastures, and with the privileges of the common timber lands, they can not set it from the farm-lots alone. The result is wide-spread snfl'eriog, rentleaa- ness, ana trouble, which threaten the peace of the community.

I think that the remedy for this is surveys, combined with anthority given the land offices to issue patents to each man for what belongs to him.

The deputy surveyor going to such a community and telling the people that he has come to assist them in getting title to their homes would be rendered every as- sistance. Let every farm-lot of long occupancy be surveyed and shown on the township plat as belonging to its owner.

Then, if it be an unconfirmed communitv grant with outlying lands, assign to each one a wood-lot, say of the same size as his farm-lot, in payment for his inchoate right in these outlying lands. Lands that could be made very valuable can not be left as uufenced commons for the benefit of a few goats and cattle.

The system that was adapted to the old times and the needs of a sparsely settled community must now pass away and be replaced by the American plan of individual

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NEW MEXICO. 436

ownership and inclosed lots, and the sooner the governmeut makes the inevitable change the better it will be for all concerned.

After the plat goes to the register, the indications of ownership thereon should be subject to contest by any one claiming the same land in the same manner that entries are now. Bnt there woald be but few contests. The ownership of lots in this coun- try is well known and universally acquiesced in, with rare exceptions. Lonff-con- tinued occupation, with the consent of the government and all parties interestea, con- stitutes as jubt a claim as property is held by anywhere. A settlement of these matters in accordance with justice will be a permanent settlement, and will be the best fi>r the government and the best for all interested in New Mexico.

Certain title to the land is the foundation to all values. Enterprise in this Tt^rri- tory is greatly retarded because that foundation is so often found lacking.

ARREARS IN OFFICB WORK.

Office work has been completed on all public surveys which have been returned and accepted.

The current work incident to mineral surveys is well in hand, as plats have either been n)ade or are now being completed of all surveys which have been returned and accepted during the year. The work of preparing maps of the different mining dis- tricts has been neglected for years. Notwithstanding the fact that twenty-four maps have been made during 4;he year it will require much labor to bring them up t > date.

Corrections have been made in the field notes of surveys executed by D. J. M. A. Jewett under his contract No. 216. If the field notes of these surveys are accepted, plats of twenty-four townships and fractional townships must be made.

A complete and convenient index shoold be made of the plats and notes of all sub- divisional lines.

The annual reports of the surveytir-general for New Mexico for the fiscal yei^rsend- in^ June 30, 1^, and June 30, 1889, make mention of arrears of office work then existing. With the very limited clerical force now at my disposal, it is absolutely impossible to attend to the work which should have been done years ago, and at the same time to give prompt attention to the current work of the office. Descriptive lists should be made of all surveys, as is provided in section 2395, United States Re- vised Statutes, which has not been done, and the field notes of surveys should be copied. The work of classifying and recording Spanish archives should not be neg- lected. This matter has been referred to your office and its importance explained. Every document relating to the title to land should be recorded and the copy com- pared with great care with the original. These documents contain the evidence of title to vast tracts of land, and age and much handling are fast rendering them useless.

If these documents were properly recorded, the record could be used and the orig- inals need only be occasionally referred to.

In order to thoroughly understand the necessity for this work one need only go over the records and note what much handling has done in the way of mutilation and obliteration.

If these documents are to be preserved, the appropriation asked for that purpose (92.000) must be made.

The total number of claims filed is 212. Of this number 65 have not been recorded at all, but most of them consist of but few papers: 131 claims have been partially recorded, which leaves but 16 cases recorded in full.

It IB estimated that it would take one man from a year to a year and a half to do the recording and he would need an assistant to nelp him in comparing, who shoald be a skillful Spanish scholar and experienced in this kind of work. The Indian pueblo grants have never been docketed, and there are some papers in these cases that are not recorded. The Spanish arqihives, consisting of documents not filed as claims against the United States, have been indexed up to and including No. 1249. Eighty-eight other Spanish documents of the same class nave been put in wrappers and briefed, but are not yet recorded. There are probably about fifty other unindexed documents, some of which are very voluminous, which have not been touched. The completion of the indexing has been impossible on account of the lack of sufficient force in the office.

The Journals of the Departmental Assembly should be either translated or critically examined and searched for action touching land titles. As an instance of the mis- takes made in this office through ignorauce of the contents of these Journals and other Spanish documents that had not been indexed or translated, permit me to call your attention to the grant reported as No. 106, known as the Juan Otero jrrant.

This grant was approved by the surveyor-general in 1875, an<jl subsequently sur- veyed to the extent of a square league, or more than 4,300 acres. A number of years ago the translator of this office discovered, among the nuindexed archives, official docn meats showing that this grant had been revoked by the departmental assembly

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436 REPORT OF COMinSSIONER OF GENERAL LAND OFFICE.

within four months after it was made. The dooumente were in the caatody of this office at the time the grant was approyed, hot being no indexed they were praotioaUy nnaTailable and their existence was doubtless unknown to the surveyor-general.

Bfany claims on the priyate land claim docket have never been correctly or fnlly entered, as the original entries wefH made bv an incompetent person, and the inad- eqnaoj of my office force makes it impossible to correct the errors and supply the omissions made.

A correct chronological list of the governors, captains-general, and political ohiefe of New Mexico is much needed. A full and correct list of these officers has never been made.

An index showing the documents iu which the signatures of these and other offioers are iound would be of ffreat value in comparing the signatures claimed to be thoee of these officers upon documents filed as muniments in claims against the govern- ment.

APPROPRIATIONS.

By letter of June 16, 1^0, I submitted my estimate for surveying service in this district for the fiscal year ending June 30, ls92, as follows :

Salary, surveyor-general $3,000

Salaries, clerks surveyor-general's office 15,000

For preservation of Spanish archives in this office 2,000

Contingent expenses, surveyor-general's office I,d00

For surveys and resurveys of confirmed private land claims 5,000

For surveys and resurveys of unconfirmed private land claims 20,000

For surveying public lands 10,0i»0

For examination of surveys (old) and resurveys 5,000

61,500

In the letter above referred to the necessity for making the several appropriations asked for was fully set forth.

I desire at this time to again call your attention to the imperative need of an ap- propriation for the survey of unconfirmed grants.

I think it is generally realized by the officers of the government, and by members of Congress, as well as by the citizens who have taken the trouble to post themselves in the matter, that the unsettled condition of land titles in New Mexico should not be allowed to continue. The first step to attain the object of bringing order out of this confusion must be careful surveys to determine the amount of land that should be embraced in valid private laud claims, to reconcile as far as possible conflicting boundaries, and to prepare maps showing the extent and position of each claim.

To do this iu so vast a territory will require mncl) labor and a lar^e expenditure of money, and I am satisfied that in justice to the people of this Territory the items asked for for the survey of land claims should not be re<luced.

As the matter now stands I am in many cases unable to recommend the reservation of land for ancient and valid grants, for the reason that the description given in the documents, by virtue of which colonies were settled and put in possession of lands in different parts of the Territory scores and even hundreds of years ago, are often simply statements of natural objects which bound such claims on the different sides, and these boundaries can not be determined with relation to the public surveys without a careful location of the grant on the ground.

And so in hundreds oif cases claimants under the United States land laws are coming in conflict with the ancient inhabitants wnose rights were guarantied by solemn treaties of the nation.

Entrymen make filings upon their villae:es, hom«^, and churches, and I know of no way of preventing this confusion except as suggested above.

It has heretofore been impossible to do anything, because the money necessary for the requisite surveys has not been appropriated.

In some cases I have evidence from my deputies that a large grant has been ex- tended by an erroneons preliminary survey iu one or more directions beyond its plain boundary calls. The persons holding small tracts within these extended boundaries know the facts and that their rights are paramount to the grant claimants. This state of th i ngs prod uces ill- feel i ng.

Good understanding could be re-established by a careful resurvey in which all par- ties could see that justice was intended.

These surveys and resurveys are equally needed whether a land-court bill is enacted or not. * The necessity for a small appropriation for preserving the Spanish archives of this office has been fully set forth on a previous page.

The great number of irregularities in the older of the public surveys has been often

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NEW MEXICO.' 437

called to your attention, and I troBt that the item fbr reaaryeys and examination ot old sarveys will not be reduced.

As to the need of an inoreatied appropriation for the clerical force of this office, it is evident that if the necessary work is to be done in the field my force of clerks must be in proportion.

EXHIBITS.

A.— Statement of all contracts let during the year for public surveys. B.— Statement of surveys returned and reported durins the year. C— Statement showing the condition of all unpatent^ grants now on file in thia office.

Very respectfully,

Edward F. Hobart, Surveyor- General far New Mexico, Hon. Lbwis a. Groff,

Ckmmieeioner General Land Office,

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438 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

^.Statement of contracts let under appropriation for puMic surveys for fiscal year

ending June 30, 181K).

No.

Date.

M9

1880. Aug. 10

250

251

Noir.20. Dec 17..

252

1800. May 5..

258 254

May2.. MayO..

255

JaneS..

250

June 7..

267

June 23

258

Jane 28.

Contractor.

Walter G. Marmon .

Leonard M. Brown . ...do

Liabil- ity.

G^rge H. Pradt.

Mark Howell.... Daniel B. Merry .

Leonard M. Brown .

Daniel B. Merry . . . Walter G. Marmon .

ClaTton 6. Coleman .

9725

200

275

SOO

1,400

800

500

2,600

Deaoriptlon.

Bxterior lines between Rs. 12 and 13 K.. T. 27 N. ; be- tween Ts. 28 and 27 N.. B. 18 B., and between Ta. 27 and 28 N., R. 13 E., and the sabdivisiooal line* of T. 27N.,R.13B Accepted.

S^bdi▼l8ional lines of T. 17 8., R. 8 W . Aooepted.

Range line between Rs. 8 and 0 W., T. 20 S., R. line between Rs. 7 and 8 W., T. 29 S.. and the snbdiris- ional lines of fractional T. 29 8. , R. 8 W. Accepted.

Township lines between Ts. I and 2N., R. 21 W.. and sabdiTisional lines of fractional T. 2 N.. R. 21 W. Reported.

Lines of T. 0 S., R. 17 E. Not reported.

So much of the following extenor and sobdJ visional lines as are now unsurveyed and which lie oatslde of the Ramon Vi^ril grant: Range line between tiM. 5 and 6 E.. T. 10 N., and the siibdiviaional lines of T. 10 N., R. 6 E. ; also the retraoement and re-estab- lishment of such exterior and sabdirisional lines as may be necessary. Not reported.

For sarrej of the rangeline between Rm. 6 and 8 B. , Ts. 0 and 7 S. Township line between Ts. 6 and 7 S., R. 6 E. First aaxiliary guide meridian east in T. 10 S. and subdivisional lines of T. 0 S., R. 0 B., and T. 16 8., R. 13 E. Not reported.

Survey of so much of the sabdirisional line of T.8S.. Rs. 17 and 18 E., as shall be found to be outaide of the Anton Chico grant. Not reported.

Survey of so much of the following exterior and sub- divisional lines as shall be found to be ouulde the Beaubicn and Miranda grant: Sixth correction line north in R. 15 E. The unsurveyed portion of the range line between Rs 14 and IF B.. T.25 N., and sub- divisional lines of fractional T. 25 X. , R. 15 B. Not reported.

Resurvey of the exterior and subdivisional linen of Ts. 18, 14. 18, 10 8 , R. 21 W. The closings of said town- ships, together with the olosingN of Ts. 1, 20, 21,S.,R. 21 W., on the boundary line between New Mexico and Arizona. Not reported.

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NEW MEXICO. 4 39

B. Statement ehowing eurveye approved during the fiscal year ending June 30, 1890.

^i 4

Date.

S88

1888. Jnly 14

840

Deo. 17

841

Deo. 28

842

Doa 26

846

1889. Jan. 7

848

Apr. 8

847

May 9

848

Jane 18

349

Ang. 10

860 861

Nov. 20 Deo. 17

(*)

Depaty. Beiyamin F. Bailey .

...do

WiUiam White

....do

...do

Walter O. Mannon . Howard Coleman . . . Leonard M. Brown. .

Walter G. Marmon .

Leonard M. Brown. ...do

do.

Desoriptlon.

Such portions of the line between Ts. 9 and 10 8., Be. 14 and 15 B., and between Be. Hand 15 B.. Ts. 9 and 10 8.; alAO snob enbdivialonal Unes of T. 0 8., R. 14 E.. and T. 10 8., R. 15 E., as shall be found to be outside of the Fort Stanton militarj reservation. Not aocepted.

The exterior and snbdiTisional lines of those parts of Ts. 7 and 8 8.. Rs.2 and 8 W.« now included in that part of the Fort Craie military reservation lying outside of the Pedro Ar> menaarey grant, No. 34. Aooepted.

Exterior lines between Rs. 20 and 21 W., T. 6 S., and subdivia- ional lines of T. 6 8.. R. 20 W. Aooepted.

All that part of the township line between Ts. 28 and 24 N., K 17 E. outside of the Mora grant, and the subdivisional lines of all thai part of T. 24 N., R. 17 E., outside the Mora grant. Accepted.

The sixth correction line north through Rs. 18 and 14 E., town- ship line between Ts. 28 and 26 N., R. 14 E. Range line be- tween Rs. 13 and 14 £., and U and 15 E., T. 26 N., and subdi- visional lines of T. 25 N., R. 14 £. Aocepted.

Township line between Ts. 1 and 3 8., R. 21 W. Range Unes be- tween Ks. 20 and 21 W., T. 1 8., and subdivisional lines of fractional T. 1 8., R. 81 W. Aooepted.

Range line between Rs. 12 and 13 E., T. 188. ; exterior lines of T. 17 S.» R. 12 £., and the subdiTisional lines of T. 17 8., R. 12 B. Aooepted.

Third correction line south in Rs. 8 and 0 W. ; east and west boundaries of T. 17 8., R. 8 W. ; east, south, and west bound- aries uf T. 16 8., R. 8 W., and subdivisional lines of T. 16 8.. R. 8 W. Aocepted.

The exterior line between Rs. 18 and 14 B., Ts. 26 and 87 N., be- tween Rs. 12 and 13 E., T. 27 N., between Ts. 26 and 27 N., R. 13 E., and between Ts. 27 and 28 N., R. 13 E., and the subdivis- ional lines of T. 27 N., R. 13 E. Aooepted.

T. 17 8.. R. 8 W. Accepted.

Range line between Rs. 8 and 9 W., T. 29 8. ; range line be- tween Rs. 7 ar d 8 W.. T. 28 8. ; subdivisional line of frac- tional T. 29 8., R. 8 W. Aooepted.

Exterior and subdivisional lines of fractional Ts. 16, 17, 18| 19 9?; fractional R.7iW.

* Special instmctions.

Digitized by

Google

REFOBT OF COMMISSIONER OF GENERAL LAND OFFICE.

Asi of Spanish and Mexican private land elaims in the Territory of New Mexico iMek

MeK,f or have been tranemitted to the Generdi

ITOTB.— The lea^e below xefenrad to is the leapi*

lile 6fo.

11

Name of olaim.

Cm» Colorihdo .

H^h Stephenson or

Town of Tecolote. .

Loe Togo*.

John SooUy or La Jnnta

40 I Town of ChlUU. .

41 I AguaNegra.

47

Las Animas .

Alexander Vall6 Baoa location

Town of Las Vegas.

Town of Taijqne .

Area of grant

I olaimed or esti-

matecL

Aooording to Arch- er's survey, 20.186

2S square leagnee. . .

4 square leagues, more or less.

4 square leagues.

1 square league.

BHtimated propor- tion of land.

Are*

I* of grant, aooording to omolal suryey.

181,779.87 acres, or 80 leagues and 1,671.47 aeres.

10.612.ff7 acres, or 2 leagues and 1,882.80 aeres.

48.123.38 acres, or 11 leagues and 880.30 aeres.

0,640.60 acres, or 2 leagnes and 900 acres.

108,607.04 acres or 26 leagues and 1.04 acres.

41,481 acres, or 0. leagues and 2,418.48 acres.

4,447.03 acres, or 1 league and 100.76 acres.

541.55 acres, or about i of a league.

490,440.96 acres, or 114 leagues and 1,065.04 acres.

7.185.66 acres, or 1 league and 2,846.27 acres.

^e^,-'*- **^S^

nral.

timber.

PeroenL

76

10

10

30

10

50

10

PeremL

76

7G

50

Digitized by VjOOQIC

NEW MEXICO.

441

«r0 now either pending in the ofioe of the United 8tatee eurvejfor^general at Santa F^, 2i. Land Office, and atUl remain unpatented.

of 25,000,000 sqaarv vOriM, eqaiTAlent to 4,840.28 mtm.

Names of claimftoto »t time of fillnK petition in the office of tbeUnited States surreyor-generaL

F(nnner attoiv neys.

Present attor- neys.

Action

taken by

sorveyors-

generaL

Bemarks.

Bafoel Ontierres, Hatlano Pino, Francisco Bao% Bartolo Oarola, and Jos6 SaisforthemselTes and the inhabitants of Casa Colorado.

The heirs at law of Joan Antonio Oarcia, de- ceased, and Hngh Ste- phenson, a ▼endee of iisid heirs.

The heirs of Salvador Montoya, deceased, for themselTes and behalf of the inhabitants of the town of Tecolote.

Donaciano Yiffll, for him- self andthelegalrenre- sentatires of Francnsco TTtOiUo, Diego Pa- dilla, and Bartolom6 Karqnes.

John ScoUy, William Smith, Gregorio Tnijillo, Augnstin Doran, James Giddings, Francisco Rmoero, and their heirs and representatiTcs.

Ines Armenta, Salvador Tafoya. Marcello 6a- nil6.Gabriel Moya, Jos6 M. Lnoero, Jos6 Padilla, Sabino Gonzales, and 41 others.

Antonio Sandoral

Ceran St. Vrain and Cor- nelia Vigil.

Alexander yall6

Heirs of Lnis Maria Baca.

Francisco Lopes, Henry Connelly, and Hilario Gonsales, for them- selves and on behalf of the residents of Las Yegas and vicinity.

People of the town of Tiyique.

J. Hooghton .

Approved

John S. Watts . . > Frank Springer

H. N.Smith Catron, ThorU'

.do.

Watto, Smith, |. A Honghton. i

ton A Clan-

§Y and Lonls nlslaoherfor heirs of Salva- dor Montoya I Fiske A Warren and M.Salaaarfor inhabitants..

.do.

J. Houghton, M. Ashorst. T. J. Whea- ton, and H.H Smith.

W. H. Henrle, H. M. Atkin-

M. Ashnrst. S. M.Baird.

Smith & Hongh< ton.

Approved

...do

Johns. Watts.

Smith, Hough- ton A Ash- nrst.

S,M.Batrd.

.do.

.do.

..do

..do ..do

..do

.do.

The timber land is about twice as much as the agrlcnltnral

Sarveyor-general has recently (J one 80, 1890) recommended the making of a new survey.

Principallj erasing and timber land.

Land generally very bro- ken and covered with pine, pifion, and cedar tiffiber, with some small prairies pro- dudog fine grass. Surveyor- Gen oral Jnlian, on July 12. 1887, recommendea that a necw survey be made.

This claim was con- firmed by Congress to the extent of only 6 square leagues.

Land mostly rough and broken, covered with a heav^ growth of pine, pinon, cedar, and oalc timber.

The area of this survey was intended to be 1 square league me- cording to a new standard vara, as de- cided by Commission- er Spurks.

This claim is entirely in the State of Col- orado.

This claim was for the same tract of land as that granted to the town of Las Vegas.

On March 22. 1887. Sur- veyor-General Julian recommended the ex* ■eculion of a new sur- vey. It was partially executed.

Digitized by VjOOQIC

442 REPORT OP COMMISSIONER OF GENERAL LAND OFFICE.

C—Liit of Spanish and AfeJDioan private land dainu in the Territory of New Mexico toibtefc

Mex,f or have been transmitt^ to the General

22

24

27

31

U 45

47

46 60

51 52

File No. ;

Name of claim.

I

20 Town of Torreon. . .

21 Town of Manziuio . .

45 Town of San Isidro

j Jornada Del Maerte

05 Town of Las Fram-

02 ' Sebastian Martin .

07 I Yioente Dnran de

I Armija 04 Town of Ghamita . . .

Ramon Vi|^l

Garvacio Nolan.

Ojo del Santo.

Bspiritu

Jo86Satton

51 Antoine Leroax .

93 ' Bemab^M.Montallo 181 I Antonio Sedillo. .

87 Ojo de en Medio . 183 Roque Lovato ...

89 LorensoMarquez.

139 I CayaranDgn6 ... 137 Juan B. Vald^.

Area of grant

as claimed or esti-

mated.

1| square leagues.

Estimated pro] tionof

Ai*ea of grant, according | to official survey.

AgricuU- ^^*°K

From 2.000,000 to % 500, 000 acres.

About 11 leagues and 4. 105.00 acres.

7 square leagues .

About 24 square leagues.

About 3,840 acres.

About 6,000 acres.. About 20,600 acres.

14.146.11 acres, or 8

leagues and 1,125.27

acres. 8,080.74 acres, or 2

leagues and 9.18

acres.

11,470.68 acres, or 2 leagues and 2,796.12 acres.

Per eenL Per eenL, , 15 85

20

46,461.22 acres, or 10 leagues and 3,058.42 acres.

51387.80 acres, or 11 leagnes and 3,644.72 acres.

57.18 acres

1,686.29 acres

31,802.92 acres, or 7

leagues and 1,420.96

acres. S75. 968.71 acres, or 132

leagues and 3,061.75

acres.

113,141.16 acres, or 26 leagnes and 298.87 acres.

69.445.56 acres, or 16 leagues and 1.07 acres.

126,024.63 acres, or 29 leagues and 156.41 acres.

151.056.90 acres, or 84 leagues and 3,467.45 acres.

88,079.78 acres, or 20 leagues and 1,274.18

8,546.06 acres . 1,619.86 acres .

13.706.02 acres, or 8 leagues ana 685.18

1,086.30 acres

6,683.29 acres, or 1 league and 2.248.01

10

95 100

5 :

20

I 20

20

5 !

90

00 5

95 80

a? 80

90

«5 95

95 97

89 96

Digitized by VjOOQIC

NEW MEXICO.

443

are either now pending in the office of the United Statee eurveyor-generalf Santa F4, N, Land Office, and sUll remain unpatented Continaed.

Names of olaimantB at time of fllinff petition in the office of the United States sunrejor-general.

Kerio Antonio Hontoya and other inhabitants of the town of Torreon.

Koman Sisueros. for him* nelf and residents of the town of Manzano.

Boloros Perea, Francisco Sandoval Jos^ Andres, Sandoval Antonio Baca, ntsiderio Valdez, and Jo»6 Antonio Montoya.

Juan Bautista, Vigil y A larid, Antonio Josd Ri- vera, and Michael S. Hon ok.

Cristobal Bomero

Mariano Sanchez .

Gaspar Ortiz

Manuel Tnnillo, for him- self and otner residents of the town of Chamlta.

Ramon Vigil

Fernando Nolan, Engenio Nolan, Maria Leo nor Nolan, and her husband, Aberta Maria Mar- tina Delgado, §t al.

The survWing heirs at law of Luis Cabeza de Baca.

Jos6 Sutton

Antoine Lerouz, for him- self and the Ic^l repre- sentatives of Pearo Vigil de Santillana, J nan Bautista Vigil, and Cristobal VigOL

The heirs of the original grantees.

Felip6 Chaves, for him- self and as agent for the heirs and legal repre- sentatives of Antonio Sedillo.

J. Francisco Chaves

Gaspar Ortiz Alarid, for himself and for the heirs and legal representa- tives 01 Roque Lovato.

Pablo Fernando and Fe- lipe Delgado and the heirs of Simon Del- gado.

John W. Conway and wife.

Joa6 Luis Valdez, Joe6 Francisco Valdez. Ma- ria Ignaclo Valdez, et ol.

Former attor-

Present attor- neys.

J. Houghton.

M. Ashurst.

...do. ...do.

J. S. Watts.

T.D. Wheaton.

J. S. Watts... W.Claude Jones

Smith 9l Hough- ton.

J. S. Watts.

Henry Hilgert and J 0 li n Gwin.

J. Bonifacio

Chavez. JohnGwyn,jr..

S.B.£lkins.

Samuel Ellison. ...do

John Dunn and Oliver Lesli EUia.

Action taken by surveyors- general.

Approved ...do

Rejected.

Approved

.do.

.do. .do.

.do .

.do.

.do. ..do.

..do .

.do. ..do.

.do .do

.do

.do .do

Remarks.

Nearly all this grant is either grazing or tim- ber land.

This grant is best adapted to stock rais- ing, but many portions are farmed.

With the exception of about 600 acres, this grant is a barren rocky waste, destitute of water, wood, and grass.

This grant was never surveyed.

A new survey of this grant has been or- dered, but is not yet made.

Nearly all this grant is arable.

The lands in this grant were restored to entry by order of the Secre- tary of the Interior, dated January 9, 1888.

April 3, 1886, Surveyor- General Julian recom- mended the rejection of this claim.

Surveyor-General Julian recommended a new survey of this grant.

Surveyor-General Julian recommended a new sur\'ey of this claim.

Surveyor-General Julian recommended Uie re- jection of this claim.

Do.

Do.

Digitized by VjOOQIC

444 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

C.^Liit of SpaHUk aful Mejoioan private land elairM in the Territory of New Mexico which

Mex.fOr have been transmitted to the General

71

FUe No.

180 186

78

182 138

lil 145

186

148

Name of claim.

Gotera..

Joa4 F. Baca y Ter- ras 6t al.

Ranoho del Rio Grand4.

LoaCerrtlloa

TownofOalisteo.

Cebolla

Town of Cienegnilla

Ci^a del Bio .

Mesitade Joana Lo- I pex.

160 > JaaoGabaldoii. 184 ! Nacimiento....

3 San aemente

140 , Lnia de Armenta . .

151 Joan Salae. 10 Eotancia...

83 Cafion de Chama. .

72 148 OJo del Apaoh6 .

73 ; 152 Piedra Lnmbr4 .

74 I 143 Arroyo delosGham- lEoa. 110 Jaan Lnis Ortis

163

San Antonio del Bio Colorado.

156 I OJo Caliente .

154 ! San Mijpiel Spring.

i

Area of grant, aa cialined or eitl-

Estimated propor- tion of land.

Supposed to be aoont 480 acrea.

About 2,000 aeres. . .

Area of icrant, aooordiuff to official survey.

Supposed to be abont 8,000 acres.

BellOTed to contain about 86 square leagues.

Abont 00 square miles^ or 57,600 acres.

Supposed to contain about 80,000 acrea.

About 472 acres.

Abont 320,000 acres.

About 184.820 acres.

50&U acres... 1,588.87 acres.

acres, leagues and 586.80 acres. 2,287.41 acres

17.160.67 acres, or 3 leagues and 4,188,73 acres.

48.961.54 acres, or 10 leagues and 658.74

62.843.01 acres, or 14 leagues and 1,578.01 acres.

43,022.86 acres, or 8 leagues and 2,960.83 acres.

11,619.56 acres, or 2

leagues and 2,939 acres. 131,725.87 acres, or 30

leagnes and 1,617.47

acres. 89.408.40 acres, or 20

leagues and 2,507.80

acres.

444.24 ar.res

Agricult- ural.

PmreenL 90

486.41 acres

415.036.56 acres, or 05

leagnes and 2,709.96

acres.

472,736.05 acres, or 108 leagues and 8,986.71 acres.

About 8 square I 48,336.12 acres, or 11 leagues. i leagnes and 503.04

I acres. j

Supposed to contain 637.28 acres

about 1.300 acres, j About 115,200 acres. 33,250.39 acres, or 7 I leagnes and 2,868.43 acres. About 46,000 acies.. I 18,9&'>.22 acres, or 4 leagues and 1,504.10 acres.

I

About 92,060 acres.. I 38,590.20 acres, or 8 I leagues and 3,867.96

acres. Abont 23,040 acres.. 25,176.39 acres, or 5

leagues and 3,474.99

acres.

Grazing

and timber.

Percent, 10

10 1

I 85 I

80 I

4 I

10

12 5

5 ,

3i

97

80

90 '

dS

m!

97 I

96 97

Digitized by VjOOQIC

NEW MEXICO.

445

wrt novo either pending in the offioe of the United Utatee ewrveyor-general at Santa F4y N". Land Office, and etill remain unpatented—Continned.

Names of claimanto at time of filinff petltton in the office of the United States snrveyor-Keneral.

Kasario GonEales .

Heira and representatives oi Jos6 Francisco Baoa y Terran et al.

Inbabitants of the Rancho del Rio Grand6.

Heirs of Manuel Delffado Ignaelo Chaves, Vicente

Roivsl. Nicolas Pino,

and otiiers. John T. Graham and Wro.

Blackmore.

Former attor- neys.

Samuel KUlson.

...do

Pedro Sanchez.

S. a Ellcins . ...do

T. B. Catron .

Samuel Ellison .

Anthony Joseph, Adnlph Guttmann. Julms Tried- man, and Luoien Stew- art.

Manuel Baca y Ortiz, John S. Watts. Faustin Bara y Ortiz, Pablo Baca y Ortiz, Sev. | emno Baca y Ortiz, et cU.

Heirs of Domingo Rom«»ro I S. B. Elkins, T. and Miguel and Manuel i B. Catron. Ortiz.

Pablo Dominioiez

The heirs and lejral repre- sentatives of the thirty- six oriifinal fo^ntees.

The letral representatives of Ana de Sandoval y Manzanares.

Luis Gold

Juan Salas

Maria de los Dolores No- lan, Antonio Nolan, Francisco Nolan, Fer- nando Nolan, £ui;onio Nolan, Maria Leo nor Nolan. 0t oL

The heirn and leeal repre- sentatives of Francisco Salasar.

John L. Taylor

Jos« P. GallegoB and others.

Albino Bustamente and Juan Jos4 Martin.

The heirs, and those hold- ing under them, of Juan Luis Ortiz.

J. M. LoMser and others, residents of the town of San Antonio del Rio Col- orado.

Felix Galbis, Anthony Jo- seph, et al,

Tomas Baca et a(., heirs and representatives of Bartolome Fernandez.

S.B. Elkins. .. John Gwyn, jr.

J. Houfchton, J. Bon ifacio Chavez, John Gwyn,jr.

John Gwyn.jr..

S. a Elkins.... T.D.Wheaton.

Samuel Ellison.

John S. WatU. S. B. Elkins, H.L.WiUdo.

S.B. Elkins....

S. B. Elkins, T. B. Catron.

J. M. Lesser...

Samuel Ellison.

.do.

Present attor- neys.

Aotion

taken by

surveyors-

general.

Francis Downs.

Approved.

...do

...do....

Remarks.

....do.... Rejected.

Approved.

The claimant has pro- tested against the ex- isting survey.

Not surveyed.

.do Surveyor-General Julian

recommended the con- sideration of an equita- ble claim.

.do.

John H. Knaebel do.

..do. ..do.

..do. .do.

.do. .do.

.do.

Ejected. Approved

.do.

The matter of a new survey is now 1>efore the Secretary of the Interior, on appeal.

Surveyor-general rec- ommended the rejec- tion of this claim.

Surveyor-Gei.eral Julian recommended the re- jection of this claim.

Surveyor-General Julian recommended confir- mation to the extcmt of 8. 82 acres.

Surveyor-General Julian recommendtjd the re- jection of this claim.

S I rveyor-General Julian recommended the ««xe- cution of a new sur- vey.

Not surveyed.

•I

.do ' Surveyor-General Julian

lecommended the re- Jecrion of this claim.

.do ] Surveyor-General Julian

recommended the con-

flrmation of this claim

I to the extent that it

I was actnally occupied

I and improved.

.do..

.do.

Digitized by VjOOQIC

) REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

List of Spanish and Mexican private land olaims in the Territory of New Mexico which

N. Mex.» or have heen transmitUd to the GeneraX

File No. i

168

147 146 167

Name of olAlin.

San Lorenso or Ala- millo.

Jaan de Mestas

Alfoono Rael de

Agnilar. Salvador Gonsales .

164 Town of Bernalillo .

I

166 ] .Angostura

161 Oofia Afla Bond Colony.

Area of grant aa claimed or esti- mated.

! Estimated propor- ! ' tion of land.

Areaoffcrant, according ;

official iupvey. OraatoK

lAgrioult- ^ «

"~^- tiXr.

4 square leagnee

Containing approx- imately MO.OOO acren.

Aboat 180,000 acres

130,188.98 acres, or ?9 leagues and 4.270.86 acres.

1.686.47 acres

23,661 acres, or 5 leagues and 1,BS0.60 acres.

11.674.37 acres, or 2 leagues and 2,003.81 acres. About 6,400 acres... 2,810.04 acres

162 . Mesilla Colony

i

160 I Gaspar Ortiz y Pals. 166 I City of Santa F6 ..

160 I LaTalaya About 84,660 acres

163 I Reftigio Colony

144 ! Town of Alameda .

168 I Jacoma.

I

142 I Cafion del Rio Colo-' rada

167 Ufia de Oato.

169 I Town of CeTiUeto .

i

170 Ignado Chares ... .

171 I Joaquin Mestas

172 I Canada de los Ala-

173 I Filip^Tafoya, et aH

176

155

{ Miguel and Santiago Montoya.

Antonio Baca

San Karoos Spring.

About 0,600 acres . .

Fvr cent. Per cent. 16 »

20

19.328.52 acres, or 4 '

leagues and 1,962.40 j

acres. 33.960.33 acres, or 7 !

leagues and 3,678.87 i

acrea. I

Gran t has been sunreved, -

bat there is no plat on '

file in officci. 17,361.11 acres, or 4

square leagues. 1,003.55 acras

26,130.19 acres, or 6

leagues and 88.61 acrea. 106,274.87 acres, or 24

leagues and 2,108.16

acres. 46,341.48 acres, or 10

leagues and 2,938.68

acres.

About 126,000 acres. 42,939.21 acres, or 9 I leagues and 3,876.69 acres.

, j Grant has been surveyed.

but there is no plat on file in the office.

4 square leagues . 1 square league.

324,770.13 acres, or 51

' leagues and 3,416.85

acren.

243,036.43 acres, or 56

leagues and 4,321.03

acres. 3,682.94 acres

.do.

.do.

148.862.94 acres, or 34 ' leagues and 1,293.42

acre».

22.678.12 acres, or 6 leagues and 876.72 acres.

A little more than 3,263.09 acrcA

seven-«^igbth8of a , square league.

1 square league 43,653.03 acres, or 10

leagues and 3,260.23 acres. 2,250 acres : 1,890.62 acres

90

10 I

i

I 3 I

80

I

I 99 s

80 20

90 ' 10 I

I

50 50 I

i I

85

15 1

2t

75

10,

90

75j

25

»l

80

i

5

96

10 , 90

8 02

7 93

Digitized by VjOOQIC

NEW MEXICO.

447

are now either pending in the office of the United States aurvey or- general, at Santa Fe, Land Office^ and still remain unpatented— Continxied,

Nunes of cUimants at ' time of filing netition in Former attor- the office of tne United neys.

State aarveyor-general.

Bmdod Lana, Auastacio GarclA, €t aL .

Joa6 de la las Boibal and , John Gwyn, jr.

Jeans M. Montoya. i Jeaua Maria Ortez «t at ... do

Preaent attor- neys.

Action taken by sorveyors-

general.

Approved.!

do I

Remarks.

do.

do. do.

The heirs and legal repre- Samnel Ellison

sentattves of Salvador I

Gouaales. The heirs and legal repre- | H. L. Waldo . .

sentativesof Luis,

Garcia. j Jos6 L. Perea and others, do

assignees and legal rep- i

resentatives of Joan |

Jos6 CaUegos. i

Inhabitants of Dofia Afla i John D Ball.... l....do .

Bend. . I |

do . .do.

Inhabitants of the civil do ,

colpny of Mesilla. :

Jos6 Manaei Ortis ' Finke & Stevens, j

R. H. Tomp- ' kins.

Inhabitants of the city of Santa F6.

I

Samnel Ellison..; j do

I

The heirs and legal repre- do ; do

aeutatlves of Mannel

Tn^nio. Inhabitants of the civil

colony of Befagia The inhabitants of the

town of Alameda.

The heirs and legal repre- sentatives of Ignaoeo Roivaland Jacinto Pe- laez.

Jos6 Antonio Laforct

I

John D. Bail . . . John Gwyn, Jr.

Samnel Ellison.

do.

Manuel A. Otero do .

Inhabitants of Cevilleta do .

do. .do.

.do. .do.

.do.

The heirs and legpJ repre- do .

sentatives of Ignaoio

Chaves «t oL The heirs and legal repre- do .

sentatives of Joaquin

Mostas. The heirs and legal repre- do «

sentatives of B.Miera

y Pacheco and Pedro

Padilla. The heirs and legal repre- do .

sentatives of Felip^ Ta-

foya, Diego Antonio

Chaves, and Pedro de

Chaves. The heirs and legal repre- do .

sentatives of Miguel

and Santiago Montoya. The heirs and legal repre- do .

sentives of Antonio

Baca. The legal representatives do .

of Antonio Urban Mon- i

tafio. I

.do .do.

.do. .do. .do.

Not surveyed.

Surveyor-General Julian recommended the re- jection of this daim.

Do.

Da

Da

Surveyor-GeneralAtkin- son decided the grant papers to be forgeries.

•|

.do Surveyor-General Julian

I recommended the re- t Jection of this olaini.

.do ! Do.

Do. Do.

Do. Do. Da

Digitized by VjOOQIC

448 EEPOKT OF COMMISSIONER OF GENERAL LAND OFFICE

C^Lisi of Spaniih and Mexican private land claims in ike Territory of New Mexico which

2i. Mex,f or have been transmitted to the Genered

Aroa of grant as oUiined or estl-

Estimated propor- tion of land.

1 square league

24 square leagues . . .

About 00 square miles, or 67,600 acres.

Area of grant, according - to official survey. '

18.046.G0 acres, or 4 leagues and 685.47 acres.

12.207.40 acres, or 2 leagues and 3,526.84

186,977.11 acres, or 4S leagues and 345.07 acres. ,

Agricult- uraL

Percent 5

I

4,840.27 acres 4,840.26 acres

2,400 SQuare miles. | 843,260.59 acres, or 104 or 1,^6,000 acres. leagues and 1,246.27

Approximately 80,- 000 acres.

109 I 110

110 . 121

114,400.64 acres, or 26 lea|2ues and 1,553.26 acres.

Francisco A. G^osa. I i 1,557.83 acres.

San Cristobal i i

Ill

116 Santa Teresa | 4 square leagues, ' 9,681.29 acres, or

more or less.

II2J J J 'I Jos6TmjUlo.

113 I 127 ' Cation de los Peder- nales.

114 115

116 117

118

119

120 121 122

122 Sauta Barbara.. 125 CitineguiUa

Ill Antonio Martines.

116 Jaan de Jesus Lu- cero.

97 Nerio Antonio Men- toya.

49

129 126 128

San Miguel Del Bade.

J096 DominguoE ...

Maragaa

Cafiou de San Diego .

Approximately from about 200,000 to 250 000 acres, or from 46 to 68 leagues.

Containing about 70,000 acres.

About 62t acres.

leagues and 1,000.73 acres. '

5,999.69 acres, or 2 { leagues and 1,059.41 1 acres. '

18.489.23 acres, or 4 i leaKues and 1,128.11 1 acres. |

46.244.43 acres, or 10 , leagues and 1,871.63 ! acres.

67,480.20 acres, or 15 leagues and 2,876 acres.

60 214.13 acres, or 18 leagues and 3,790.49

315 800.80 acres, or 72 leagues and 2,800.64 acres.

889.82 acres

0,572.57 acres, or 2 leagues and 1,072.01

Orasini;

and timber.

96

97

00 1

30

10

10

•7 65

10 I

70

07

Digitized by VjOOQIC

NEW BIEXICO.

449

4ire now either pending in the office of the United States surveyor-general at Santa F6y Land Office^ and sUll remain unpatenteA-^ContXtm^,

Names of oUimants at time of flllng petition in the office oftne United States sarreyor-general.

The heirs and legal repre* sentatiTOB of i7aia Jan- millo.

The heirs and legal repre- sentatives of Baltasar Baca and sons.

The heirs and legal reprs- sentatives of Jos^ Ju- lian ICartines and oth-

The heirs and legal repre- sentatiyes of Jnan Otero.

Inhabiunts of Sooorro and other towns.

Inhabitants of the town of VaUedto.

Inhabitants of the town and Ticinlty of Taos.

David Martinea and oth- ers.

Jesns Bsoobar, JesnslCa- ria Bsoobar, and other heirs of Franoisoo Osr- da.

Sfireatre Oomes and oth- er heirs and legal repre- ssntattves of Joe6 Tm- Jlllo.

Antonio Yaidei, Poliear- pio Gareia, et oi.

Conoeptton Leyra, Pra- denoio Martiues, et at

The heirs and legal repre- sentatlTss of Andres Hontoya.

The heirs and legal repre-

isentatires of Antonio

wiartines. The assignees and legal

representatives of Jnan

de Jesns Lnoero.

The heirs and lecal repre* sentatives of Joan An- tonio Cabera de Baea.

Inhabitants of the settio- mente of La Cuesta, San Miguel Las Mnlas, El Pueblo, etc.

Santiago Yaldex

Samuel Elliaon and others. Amado Chares and others .

Former attor- neys.

Samuel Ellison.

...do .

.do.

Waldo & EUi- son.

HubbeU & EUi- son.

Samuel Ellison.

....do

Santiago Yaldea.

Oildersleevs & Ellison.

Samuel EUison.

John Gwyn, Jr.

B. H. Tompkins andH.L.Lan- gao.

Samuel Ellison..

.do. .do.

John S. Watts.

Samuel Ellison. Amado Chaves.

Present attor- neys.

Action taken by surveyors-

generaL

Bemarks.

Approved. ...do

.do

Surveyor-General Julian reoommended the re- jection of U&is claim. ' Bo.

Surveyor-General Julian recommended the con- I sideration of an equl- I table title to the land I aotuallyjgranted.

do I Sorveyor-Cranenl Julian

reoommended the re- I Jeotion of this daim. Surveyor-General Julian reoommended the oon- ddoration of an equi- table claim to the land actually oeoupied and I improved.

do Surveyor-General JnUaa

recommended the re- jection of this claim, do ..

I

B^ected.. Approved.

..do.

.do.

....do..... B^eoted..

Approved. ....do

Ejected.. Approved.

Not surveyed.

Surveyor-General Julian recommehded the re- jection of this claim.

Surveyor-General J nlian recommended the re- jection of this claim. No survey has ever been msde.

Surveyor-General Julian recommended the con- sideration of sn equi- table daim for about

Surveyor-General Julian recommended the re- jection of tills daim.

Surveyors-General At- kinson and Pullen both rejected this daim on the ground that the papers were forgeries.

Surveyor-General Julian recommended the ex- ecution of a new sur- vey,

Surveyor-G^eral Julian reoommended that the srant be conflrmed to the heirs and li*gal rep- resenUtives oiLoren- so ICarques and fifty- Mven otheis.

Not surveyed.

0405 LO-

-29

Digitized by VjOOQIC

450 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

C^Ust of Spanish and Mexican private land daifMin the Territory of New Mexico which

Mex,, or have been transmitted to the General

i

File No.

Name of claim.

Area of grant as claimed or esti- mated.

Area of grant, according to official survey.

17,018 acres, or 8 leagnea and 8,007.16 acres.

Estimated proper. Hon of land.

1

Agrionlt- uraL

Grasiug

and timber.

128

42

118

ISO 128

186

84

188 124

101

106

100

06

S2

187

198 201

»n

200

1 88

184

Saneho de Galvan . .

Percent.

7

00 50

Percent, OS

10 56

1?4

TownofPefiaBUm- ca.

Bod Femandes de

Taos. Bartolome Baoa

1?ff

1.800.80 acres

IfM

1?R

Lae Trachae

10,314.65 acres, or 2 leagues and 1.634.00 acres.

3601.10 acres

10 06

60 10

10

2 26

2

8

00 5

40

00

00

08

75

08

07

110

Joe4 Manuel San- chesBaoa.

Town of Albnqner* PMrareda

1 square leagne

4sqDareleagaes....

Supposed to contain

aboQt 4^ square

leagues. Probably about 126

square miles, or

80,640 acres.

im

4 square leagues

ini

86,024.18 acres, or 8 leagues and 1,801.04

28.851.18 aores, or 6 leagues and 1.640.72 aores.

28,028.28 acres, or 6 leagues and 1,880.88 acres.

8,647.46 aores

182 18B

Antonio deSalaiar..

BitodeloeFrUolee. Sioi Mateo Spring... Canada de Cochiti..

1M

Containing about 4 square leagues, more or lees.

1B5

104.664.24 acres, or 24

leagues and 887.82

aores. 6,166.00 acres, or 1

league and 1,826.62

acres.

1B6

Santiago 'RamtrM. r .

1B7

Sebastian deVargas .

Canada de Santa

Clara. Santo To mas de

Itorbide.

Town of Abionin ..

About 84,000 acres. .

nR

About 00,000 acres..

1R0

2 souare leaflmes. . .

140

141

Domingo Valdes....

Santo Domingo and San Felip4.

Manuel Alvares.... Las Hoertas

About 12 square miles, or 1 league and 8,888.72 aoies.

..........

14?

14B

16 sonars leaftnes ..

144

14R

Town of AtrleAO

About 12 square leagues.

Digitized by VjOOQIC

NEW MEXICO.

451

are now Hther pending in the offioe of ike United Statea surveyor-general, at Santa F4, N, Land Office, and still remain imjMifonM^ Continued.

Karnes of olaimants at time of flllD jc petitkm in the ofBoe of the United States sarveyor-general.

Former attor- neys.

Heirs of Frandsoo Saodo- ▼alaud legal represent- atives of Jgna^o San- ckez Vergara.

Inhabitants of the town of Pefia Blanoa. I

Inhabitants of Don Fer- I nandes de Taos.

Hanael A. Otero and , others.

The heirs and legal rep- | resentatives of Fran- cisco Montes Vigil.

The heirs, assignees, and i legal representatives of Jos6 Hanael Sanches Baca.

Inhabitants of the town of Albuqnerqae.

The heirs and legal rep- resentatives or J nan Pablo Martin.

Ramon Salasar, for him- self and others.

The heirs and legal rep- resentatives ot Antonla BosaLcyan.

Boman A. Baca and others.

James G. Whitney and others, legal representa- tives of Antonio Lacero.

Harvey B. Easterday and I Benito Borrego. i

The heirs, legal represent- atives, and their as- signs, of Sebastian de Vargas.

The Indians of the Pueblo

of Santa Clara. Mariano Barela^ Ramon

Salszar, Pablo C6rdov8^

Anastacio Costilla, ana

others. >

J. M. C. Chaves and asso- ciate owners.

Marcos Valdes, Dolores ' Valdes and h<?r hasband, Jos6 Maria Rodrignei, Jalio Valdes, and Lu- ciano Valdes, and those holding under them.

Inhabitants of the pueblos of Santo Domingo and San Felip6.

Don Manuel Alvarea

The heirs and legal repre- sentatives of Andres de Aragon and others.

Inhabitants of the town of Atrisco.

Amado Chaves.

John S. Watts, Chaves 8c Wade.

Samnel Ellison.. Chaves & Wade

W.L.Ryner8on

Breeden 4t

Haseldlne. Samuel Ellison..

OhavesAWade, John6.Watt8.

Breeden & Waldo.

Fiske&Warren.

Smiths Hough- ton, Caudale- rioMartines.

P. L. Vander- veer.

U. S. Pueblo In- dian agent.

Rynerson & Wade.

J.M.G. Chaves.. James H.Pardy.

T7.S. Pueblo In- dian agent

John S. Watts.. Chaves at Wade.

Chaves, Chacon A Key.

Present attor- neys.

ClarenoeKey.

Action taken by surveyors- general.

Approved.

.do.

... do... Ejected Approved.

.do.

.do. ..do.

.do. do.

Rideeted.

Approved.

.do.

...do

Ejected..

Approved.

Rejected. ..7do....

Approved.

Remarks.

Surveyor-General Jnilan recommended the exe- cution of a new sur- vey.

Not surveyed.

There is a petition on file in this case asking that a new susvey be made of the north Doundary line of the grant.

Surveyor-General Julian recommended the re- jection of this claim.

Surveyor-General Julian recommended the con- sideration of an eqni- toble tiUe.

Surveyor-General Julian recommended the re- jection of this claim. Do.

Surveyor-General Julian recommended the con- sideration of an equi- table claim. No sur- vey has been made of this claim.

Suiveyor-General Julian recommended the re- jection of this claim, bat subsequently transmitted to the G. L. O. i.ew evidence in support of the title. NotiAorveyed.

Not surveyed.

Do.

Do.

Do. Do.

Do.

Digitized by VjOOQIC

462 REPORT OF COMMISSIONER OP GENERAL LAND OFF'ICE.

C.^LxBt of SpanUh and Mexican private land claime in the Territory of New Mexico whiek

Mex,, or have heen troMimitted to the General

FUe No.

146

102

U7

203

148 149 150

84 86 06

161

106

162

204

168

205

164

207

166

208

166

200

157

210

168

100

150

1^

81

160

211

161

212

162

102

4

5 7

23

26

34

Name of olaim. £1 Tijo

Jos6 Antonio Lu-

GOTO.

PUsa Blanc*

Plaza Colorado ... Gallon de Carnae .

TownofElRito.

Onadalapita

Laa Cieneqnitaa .

Las Lagnnltas..

Nioolaa Daran de ChaToa.

Lo6 Ranohoa .

Pi^Jarito.

Cristobal de li Soma.

Arroyo Hondo.

Joa4 0aroia

Henry YSloker .

Nenatra Sefiora de

los l>elorea*Mirie.

Cienega

Galiateo

Town of Chaperito .

Angostura de Pec6e . Town of Cubero....

Juan Francisco Pinard.

Area of grant s claimed or esti- mated.

24.880.025 aorea,or6 leagnes and 8,188-

aores. About 4,000 acres..

Nearly 62.000 acres, or nearly 12 leagnes.

About 180 aqnare milea, or 261eagues and 2,862.72 acres.

About 48 suuare miles or §0,710 acres, being 7 leagues and 838.04

About 66 aquare miles, or 86,840 acres, being 8 leagues and 1, 117.76 aci

20,000 aorea or 4 leagues and 2,688.88 acrea.

About 28.040 acres, or 6 leagues and 1,888.60

Beliered to be less tlian 11 square leagues.

640 acres

Area of grant, according to official surrey.

640 acres.

Estimated propor. tion of land.

Agricult- ural.

Ptreent.

Gracing I

and '

timber. '

Percent, I

* Mineral.

Digitized by VjOOQIC

NEW MEXICO.

453

are now either pending in the office of the United States survepor-g^eral at Santa F4f N. Land Offloe, and slill remain nnpatented—Contmued,

Names of claim anU at time of fllins petition io the office of the UDited States Borvejor-geiieraJL

Franz Haning and Charies F. Hnnini;:

I

Juan Lucero, Agapito Lnoero, Ignacio Lu- cero, Maroelmo Lucero, and others.

J. M. C. ChaTCB and others .

...do

The heirs and leipal repre- sentatives of iTnau Ig- nacio Tafoya and < tbers.

Bpifonlo Lopes and others

I Maria AltagraoiaGallegos and Juan B. Gallegos.

I The heirs and legal repre- sentatives anit assigns I of Pe<lro Gallego and I Juan Hianel Maes. I Francisco Gnego,Manuela I Meanes de Chaveb. G. Badoracco, Jo86 Lueras, and others. Jos6 Chayes, T. Gallegos, Felix Chares, Prefecto Chaves y Chaves, Juan Jo86 Chaves, and others. Jos6 Maria Griego, Beyes Bomero. Pedro Griego y Santillanes, and 240 others.

Tomas C. Guiteres and 16 others.

Jos6 de Jesus Torres, Jos6 Dolores Moudra g o n, Gregorio Mi<ndragon, and 801 others.

Biego Martines, Pablo l&artinez, Flor Marti- nes, GabrieU Medina, and 71 others.

Mariano Otero

Heirs, assigns, and legal I representatives of Henry Yolcker.

Antonio Jaques and Mari- ano Barela.

Names of claimants are unknown, as no petition has been filed in the case.

Juan Ortis

Job6 Apodaca, Lncreclo Lusero, Jos6 E. Lucero, Telesfor Lucero, and 213 others.

Unknown, as nn petition is on file.

Besidents of the town of Cnbero.

Juan Francisco Pinard . . .

Former attor* neys.

Henry Hilgert, H. M. Atkin- son and John A. Knaebel.

TTrbano Chacon.

Present attor- neys.

W.H. Patterson.

...do «.

Samuel Ellison .

John H. Knae- bel.

Lsnghome &, Bonqnillo.

JohnP.Yictory. ...do

Catron, Thorn- ton and Clan- cy.

Edward L.Bart- lett.

...do.

Santiago Y ai- des.

...do.

John H. Xnae- beL

W.H.Selden.... Fmaois I>own8 .

Francis Downs.

Johns. Watts.. ...do

W.H.Seld6n.. E.A.Fl8ke...

Francis Downs.

Amado Chaves

Action

taken by

surveyors-

general

Bemarks.

I

Approved.; Not surveyed.

do Do.

.do I Do.

.do.....l Do. .do. ....I Do.

....do ' This approYsl was only

for the land actually ^ occupied. Not sur- I veyed.

B^ected..' Not surveyed.

i

Approved.! Do.

B^ected..! Do.

Approved.! Do.

.do.

do.

do.

.do.

Bc()ected.

Ejected.

Do.

Do.

Do.

Do.

Do.

Confirmed by act of Con- gress of October 1, 1888.

Not surveyed.

Do.

Do. Do.

Do. Do. Do.

Digitized by VjOOQIC

REPORT OF GOMIIISSIONER OF aENEBAL LAND OFFICE.

/ Spanish and Mexican private land olaime in the Territory of New Mexico whiek Mex,f or have been tranemiitid to the GenertU Land

Name of olaim.

Area of grant as claimed or esti- mated.

Area of grant, according to offldal survey.

tionofland;

Agricult- ural.

Gra^g

and timber.

Joe6 Manuel Cor-

Percent

PereenL

dova. SjnU Boaalla Mine.

'

TownofYallecito..

JO06 Dolores Fer-

nandez. Francisco Oonsales.

Arqoeta

A nff ostara

Cristobal Jaramillo .

Rito de San Jos6

LosCon^os

Cafiada de los Hes*

••

tifios. Las Talaya

ElCadUlal

ElEmbndo

:;;:::::; :::::::::i

Dabatos

Gaadalnpita

Tesnque

Tawnii of T^« Oan-

delarios, Los GueKos, Los Oal- legos, Los Pnbla- fios, Los Ranchos, and El Rancbo. Beale's Colony

Lode Basques

45,000,000 acres, or 10,867 square leagues.

Rancho de Santa

Cruz. Alfonso Ra61de

t

About 845 acres

Aguilar. Plaza of Guadalupe. Santa Rita del Cobre.

31,218 fteres

RiodelOso

Meeilla Valley

Arroyo Hondo

Vallecito

San Jos6 Spring.... LaNasa

About 4 square leagues.

Santa Rita del Cobie.

Sltio de NaviOo

Joaqtiin Garcia

Supposed to contain 100.000 acres.

Pueblo Colorado . . .

Digitized byVjOOQlC

NEW MEXICO.

455

are natv either pending in the office of the United States eurveyor-general at Santa fi^ N* Office, and still remain unpatented~-'Contmued.

KameB of claimftnta «t time of flline petition in the office of tbe United States sarveyor-general.

Former attor- neys.

Present attor* nejs.

Action taken by Burreyors-

general.

Bemarks.

Jos4 Manael C^rdOTSi for himself and others.

Antonio Cano and other heirs of Ignaoio Cano.

Inhabitants of the town of Vallecito.

Jos6 Dolores Femandes, for himself and others.

Francisco Gonzales

Unknown, as no i>etition is on file.

...do

J. C. Hubbell

Unknown, as no petition is on file.

Jos6 Maria Martinez, An- tonio Martines, Julian Gallegos, and Celedonio Yaldes, for themselves and others.

Unknown, as no petition is on file.

...do

...do

...do

...do

...do

Antonio Jo86 Garcia and many others.

The inhabitants of the towns of Los Candela- rioe, LoH Gue^ros Los Gallegos, Los Publalios, Los Banchos, and £1 Banoho.

Ko petition is filed in case,

Heirs of Antonio Ortis,

deceased. Tomas Cabexa de Baoa. . .

Smith ftAshurst ...do

M. Ashorst.. J. Houghton.

J. Houghton. J. Honght4>n..

JohnTownsend, agent, Catron &, Thornton.

JohnGwin, Jr ..

H.Clay Stephens.

John S. Watts . ....do

Jo86 Manuel Gneterex, Gomelio Torres, and Es- quipnla Montoya.

Inhabitants of tlie Plasa of Guadalupe.

Heirs and letral represent- atives of Francisco Manuel de Elguea.

Unknown, as no petition is on file.

Meregildo Guerra stal...

Unknown, as no petition is on file.

Heirs and legal represent- atives of tJos^ Garcia de la Mora.

Heirs and legal represent- atives of Paulfn Mon- toya and others.

Albino l^opes

Martin B.Hayes

BafSsel Arm^o

Samuel EUlson.

John S. Watts . ...do

Dismissed.

J. Houghton.... Samuel Ellison.. Chaves & Wade,

Jesus Maria Yigil, for him- self and others.

Jos6 Isabel Martinez and Gabriel Archuleta, for themselves and associ- ates.

W.W.Wilshire Steams & Doug- las.

John H. Enae- bel and Can- delario Marti- nez.

Not surveyed.

Do.

Do. *

Do.

Do. Do.

Do. Do. Do.

In the present Stale of Colorado; not sur- veyed.

Not surveyed.

Do. Do. Do. Do. Do. Do.

Do.

ho.

Do. Do. Do.

Do. Do.

Do.

Do. Do.

Do.

Do.

Do. Do. Do.

Do.

Do.

Digitized by VjOOQIC

456 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

C. LUt of 8pani9h and Mexican private land elaime in the Territory of New Mexico which

or have been transmitted to the General Land

File Ko.

206

213

S

TT

V V

Name of olftim.

Sftntiago B6iie .

Areaoff^raiit 0 claimed or esti- mated.

Isleta Indiana

Pueblo of Lagona.

Pueblos of Zia, Santa Afia, and Jem es.

Pueblo of San Cris- tobal. Paeblo of Znni

About 278,480 acres, or 68 leasees and (1,042.86 acres.

Estimated propor- tion of land.

Area of grant, according to official snrrey.

timber.

.1

nral.

Per cent. Per cenL

126,226.18 acres, or 28

leagues and 8,607.34

acres. 882.849 acres, or 88

leagues and 904.86

acres.

17,581.26 acres, or 4 leagues and 20. 18 acres.

Digitized by

Google

NEW MEXICO.

457

are now either pending in Ihe offieeof the United States eurv/eif^'general at Santa F^, N, Mex.^ Offlee, and eUtl remain unpatented— Contirmed,

NameftofdaimaDtftattime i of filing petition in f the offloe of the United I States surveyor-general. <

Former attor- nej's.

Trinidad Lopez, Maria

GleofAs Bone de Lopes,

and others. Indians of Che pnehlo of

Isleta. Indians of the pueblo of

Laguna.

Indians of the pneblos of Zia, Santa Afia, and Jemes.

I

Indians of the pnebio of Znni.

Fernando Nolan.

Present attor- neys.

Fernando Nolan.

Action taken by sarreyors-

general.

J. IL Clark

John S. Watts .

Samnel Ellison.

United SUtes Pnebio Indian agent.

do

I

United States Pueblo Indian agent

Approved ...do

Approved.

Senarks.

Not surveyed. Do.

The Pueblo is extinot.

Total number of claims in this exhibit 184

Total area ofone handled surveyed claims, acres 6,788,881.61

Percentage of this area which Is agricultural 13. 21

Percentage of this area which is grazing and timber 86. 71^

Digitized by

Google

BEPOKT OF THE 8UKVET0K-GEVEKAL OF OKEOOV.

United States Sukvetor General's Office,

Portland, Oregon, July M, 1890.

In compliauce with instrnotions contained in yonr cirouUir letter £, dated April 23, 1890, 1 have the honor to submit, in duplicate, my report of transactions relating to the surveying service in this district for the fiscal year ending June 30, 1890, accom- panied by tabular statements as follows :

A.— Statement of contracts entered into by the surveyor-general of Oregon for the survey of public lands, payable from the $10,000 allotted to Oregon out of the general appropriation of $200,000 made by act of Congress appro-^ed March 2, 1889.

B.— Statement of contracts entered into by the surveyor-general of Oregon for surveys, payable from the appropriation of |10,000 made by the Indian appropriation act of Congress approved March 2. 1889.

('.^Statement of contract entered into by the surveyor-general of Oregon for Allotment surveys on the Siletz Indian Reservation in Oregon, payable from the ap- propriation of |I00,000 provi..ed for surveys and resurveys for allotment purposes by act of Congress, approved February 8, 18^.

D. Estimate of lunds required for the surveying service in Oregon for the fiscal year ending June 30, 1892.

I have to report the aggregate number of miles surveyed and reported to your ofi&oe since my last annual report as follows, viz :

Desorlption of sorreys.

BeserratioD boundary linos ,

Donation clftim and connecting lines .

Standard lines ,

Township lines

Snbdivisional lines

Total

Measure- menta.

MilM.ChtJJti.

68 80 13

41 78 81

8 40 70

40 11 48

416 09 07

M6 00 64

These survevs embrace 91,076.61 acres.

There have been prepared by this office 93 books of certified transcripts of field notes, 3 plats of donation land claims, 2 plats of standards parallel, 8 plats of exte- riors, 176 plats of subdivisions, 3 maps oi boundanr of diminished Umatilla Reserra- tion, 2 maps of north boundary of Warm Springs Indian Reservation, 46 descriptive lists ; 888 official letters were written, covering 1,697 pages.

There were also prepared lor the use of special agents and deputy surveyors in the field 20 plats and 16 transcripts of field notes.

There were forwarded to the Commissioner of the General Land Office 58 books, cer- tified transcripts of field notes ; 2 plats of reservation boundary, 1 plat standard paral- lel, 1 plat donation land claims, 4 plats of exteriors, 45 plats of subdivisions.

In addition to this there were forwarded for the Commissioner of Indian Affairs 85 books, certified transcripts of field notes; 1 plat of reservation boundary, 21 township plats of Umatilla Indian Reservation, 2 township plats of Siletz Indian Reservation, 3 township plats of Grande Ronde Indian Reservation.

There were forwarded to local land office 34 township plats, 23 descriptive lists, "fi mininff plats, 4 special plats; also swamp-land lists No. 65 to 74, inclusive, embrac- ing 3, 060.45 acres.

MINING CLAIMS.

During the fiscal year special deposits have been made aggregating $415. as follows : $405 for office work in connection with survey of ten mineral claims ; $10 for offloe work in connection with examination and report on two placer olaims, for most of 458

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OREGON, 459

which the necessary orders have been issaed to deputy mineral surveyors. Number of mineral survevs officially made, 7 ; number of examinations of placer claims re- ported to this office, 8 ; number of mining plats made, 35.

CONDITION OF CONTRACTS BNTEEBD INTO PRIOR TO JULY 1, 1889.

Special contract entered into with Depnty Surveyors Curr in and NolandMay4, liS7, provided for the survey of the original boundary of the Umatilla Indian Reser- vation in Oregon, the boundary of the diminished reservation, the extension of the linesof public survey over the entire reservation, and the subdivision into 40-acre tracts of such sections as might be selected for allotment to the Indians.

The field work executed under this contract was completed and returns made to this office prior to July 1, 1888.

On April 1, 1889, Mr. B. P. Douglass was appointed special examiner of survevs to inspect this work. These surveys were examined during the months of May, June, and July, and while the examiner found several discrepancies in measurement and quite a number of irregularities in the construction and markings of corners, he con- sidered the work on the whole had been fairly well done, and recommended the ap- proval of the surveys. ,

This repoit was filed in this office on August 30, 1889, and transmitted to your office on the following day in response to a telegram asking for the same, thus giving this office but a limited time in which to examine it.

Considering the irregularities were principally technical in character, and in view of the recommendation of Examiner Douglass, who had inspected the work in the field, and, further, considering that nothing remained for this office to do but to recommend either the approval or rejection of the entire survey, I concurred in the recommenda- tion of the examiner, that the surveys as executed by Ourrin and Nolaud under their special Joint contract be approved.

Upon an iuspection of Examiner DouglaHs's report when it reached your office, and comjparison with the deputies' field notes, the descrepaucies and irregularities were considered to be of such a character as to preclude the work being accepted without certain corrections being made.

In accordance with instructions from your office Deputies Carrin and Noland, on April 15, 1890, were ordered to at once proceed to the field and make certain specified resurveys and corrections in their work in order to place the same in proper shape for final acceptance.

These instructions were carried out, the corrections made, and returns thereof sub- mitted. The new township plats were prepared and the surveys were finally approved and accepted by your office. *

Deputy Surveyor Andrew Todd completed his surveys uuder contract No. 541, dated May 25, 1889, and returned his field notes to this office. However, before the office work had been entirely completed we were obliged to suspend further work on same in order t.o complete the maps and transcripts in connection with the surveys on the Umatilla Indian Reservation, for which there was a very urgent demand.

Work on Deputy Todd's contract is now completed and transcripts and plats will be forwarded to your office.

Contract No. 54*2, with William H. Wilbur, United States deputy surveyor, dated May 29, 1889, provided for surveys in T. 32 S., Rs. 14 and 15 W.

When Deputy Wilbur submitted his returns they were found to contain so many errors and irregularities as to necessitate the rejection of the work unless numerous corrections were made in the field and the notes rewritten.

Permission was granted by your office for the deputy to apply for an extension of time in which to return to the field and correct his work. As Deputy Wilbur evinced but little desire to make such application, after considerable correspondence his returns were rejected bv this office on July 2, 1890, for reasons more fully set forth in my letter U, dated July 3, 1890, to your office, recommending the rejection of his surveys and the cancellation of his contract.

Contract No. 543, dated May 31, 1H89, with Henry A. Harvey, United States deputy surveyor, provided for surveys in Ts. 38, 39, 40, and 41 S., R. 12 W., and T. 39 S., E. 13 W.

These surveys were completed and returns submitted to this office, but owing to some necessary corrections having to be made. Deputy Surveyor Harvey applied for and obtained an extension of time to Augnst 31, 1890, in which to make his returns He is now in the field.

With the foregoing exceptions all the work contracted for prior to July 1, 1889, has been completed and plats and transcripts forwarded to your office.

PUBLIC 6URV1EYS.

During the past year numerous petitions have been received in this office asking for surveys in different parts of the State. The bulk of the petitions are for sur- veys in townships along the coast, where the lands are for the greater part broken

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460 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

ftnd mountainoas, covered with timber, often quite heavily, and almost invaiiably covered with a very dense undergrowth, which makesthework of surveying it diffioalt and expensive. These lauds when once cleared are generally well adapted for agrl- cultnral and grazing purposes, and are fast filling up with settlers, who to all appear- ances have located thereon in good faith, and with the intention of making perma- nent homes for themselves and families. * .

For several years past it had been the policy of your office to prohibit the survey of forests or heavily timbered lands, and former regulations provided that the sur- vey of a township must be completed in its entirety unless natural obstacles rendered its completion absolutely impossible, but owing to the restriction in the appropriation act confining the surveys to agricultural land, provision was made for the survey of timbered lands where they were adapted to agriculture and occupied by actual bona fide settlers, who at great labor and expense had made for themselves permanent homes.

The surveying instructions were modified so as to provide that a deputy surveyor should snrvey all the cultivable land and omit the uncultivable, but that In survey- ing a township the snbdivisional lines must be extended over all the land that can be properly classed as agricultural. This restriction made the work of surveying a township more tedions and expensive than if ^ deputy was allowed to complete it in its entirety, as he was compelled to stop the survey of a line when it reached irriga- ble land, unless lands of a proper character lay beyond. It also placed upon him tne responsibility of determining what lands were agricultural, and consequently survey- able, under existing restrictions.

Owing to this and the further fact that nearly all the survevors desired were in the mountainous regions along the coast, where the undergrowth is very dense, competent surveyors were deterred from entering into contracts even at the highest rates of $18, $15, and $12 per mile for standard, township, and section lines, respectively, allowed in cases of exceptional difficulty in the execution of the surveys.

Eleven contracts have been entered into and one survey provided for under special instructions, the estimated liability aggregating (5,405, payable from the appropria- tion for the fiscal year ending June :)0, 1890.

I expected to award contracts for other additional surveys, the estimated liability aggregating more than $3,000, but was disappointed.

Offers had been made by competent surveyors to execute surveys in four townships, at certain stipulated rates per mile.

The consent of your office to award the contracts and allow the rates asked had been granted.

In the mean time this office had been furnished with copies of the Manual of 8ur- .veying Instructions of December 3, 1889, and with the contracts prepared for the exe- cution of surveys in these four townships. A copy of the manual was forwarded to the contracting deputies.

The contracts were returned without being execated, the surveyors claiming that under this manual considerable more work was required of the deputy ; and in a rough mountainous country like that in which the proposed surveys were to be made, it would be very difficult, making their work close within the limits prescribed.

I endeavored to find other surveyors to undertake the work, but did not succeed.

I regret this as I was very desirous of executing contracts covering as much as possible of the amount allotted to this district. I believe, however, that oontraots can be awarded for the snrvey of those townships as soon as the appropriation be- comes available.

Yonr office has placed a liberal construction on the restriction confining surveys to agricultural lands, and I am of the opinion that much less difficulty will be experi- enced in securing the services of compettent surveyors, providing fair rates are allowed for executing the work.

At the present time there are quite a number of petitions on file in this office, ask- ing for the snrvey of lands that are occupied and improved by actual settlers, but the localities and character of the land in the townships sought to be surveyed are such as will require the benefit of the special augmented rates in order to secure contracts.

I would therefore respectfully recommend that a liberal amount be apportioned to this district from the appropriation for the present fiscal year for the survey of the public lands, as the demands for such as are actually needed is now very urgent and constantly increasing.

Very respectfully, your obedient servant,

* Douglas W. Taylor,

XJ, S, Surveyor^General far Otigon.

Hon. Commissioner Gbneral Land Office,

Wathingiofi, D, C,

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OREGON

461

A. Statement of oontraots entered into by the surveyor-general of Oregon for surveys of public lands, payable from the appropriation o/|200,60J made by act of Congress ap- proved March 2, 1889.

No.

Date.

Name of deputy.

Location and description of work.

Estimated liabilities.

(*)

1880. Jaly 28

Andrew Todd

Meanders of the Nehalem river through T.4 N.,

Rs. 7 and 8 W., Willamette meridian. Oregon, f

For completion of surveys in T.31 »., R 15 W.,

$180

644

Aug. 14

George Fitzhugh

75

Willamette meridiun. 1

«45

Auk. 16

Charles M.ColUer and Robert O.CoUier.

For completion of the survey of T. 18 S., R. 1 E., WilUmette meridian.;

400

MA

Aag. 16

....do

For the completion of the survey of T. 18 8., R. R. 11 W.. Willamette meridian, t

750

548

Aug. 26

Samuel L.LoveU

of the exterior boundaries of Ts. 8 and 4 K., R. 0

550

W., and the subdivisions of the south half of T.

4 N.. R. 0 W., Willamette meridian, t

MO

Deo. 16 1800.

Albert RButtolph...

For the completion of surveys in Ts. 10 8.,R. 12 W., Willamette meridian. Oregon, t

\ 50

661

Mar. 10

John C. Arnold

For the completion of surveys in T. 2 S.. R 82 E.. and Ts.land 2 S..R. 83 E., Willamette meridian. §

800

562

Jane 5

Albert P. Wilson

in Ts. 1, a^Mid 8 S., R. 10 W., and Ts. 2 and 8 8., R. 11 W.TWillamette meridian. ||

875

568

June 14

flenry Meldrum

For all lines necessary to complete the surveys In T. 4 S., Ra. 5 and 6 £., Willamette meridian. ||

000

554

Jane 30

BoUaCanfleld

For all lines necessary to complete the surveys in T. 85 S . R. 14 W.. WUlamette meridian. ||

000

555

Jnne25

Albert P. Wflson

For all lines necessary to complete the surveys in the N. | of T. 6 8., Rs. 10 and 11 W., Willa- mette meridian. ||

400

556

Jane 28

Charles M. Collier....

For all lines necessary to complete the surveys in T.20 S..R.2 W.. Willamette meridian. On- gon. II

475

5,405

* Special instructions.

t Survey completed and the field notes returned to thia office.

tSorvey oooapleted and accapted by Commis- sioner of General Land Office.

6 Deputy in field.

11 Contract awaiting the appn

misaloner of the General Land Office.

I Contract awaiting the approval of the Com-

B,^8taienMnt of contract entered into by the surveyor- general of Oregon, payable from the appri^priation of $10,000 made by the Indian appropriation act of March 2, 1889.

No.

Date.

Name of deputy.

Location and description of work.

Estimated liabOity.

647

1880. Aug. 24.

JohnA^MoQuinn

For surveying the west boundary of the Warm Springs Indian Reservation in Oregon. *

61,000

* Deputy in field.

C. Statement of contract entered into by the surveyor-general of Oregon, payable from the appropriation of $100,000 for surveys and resurveys made by act of Congress approved February 8, 1887.

No.

Date.

Name of deputy.

Estimated liability.

540

1880. Aug. 80.

Levi C.Walker

ional lines in Ts. 6 and 8 S., R. 10 W., and Ts. 7 and 10 S.. R. U W., Willamette meridian, for al- lotment purposes in the Silet« Indian Reserva- tion. Oregon. *

6700

* Survey completed and accepted by Commissioner of General Land Office.

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462 REPORT OP COMMISSIONER OP GENERAL LAND OFPICE.

B. -'Estimate of funds required for the survejfing service in Oregon for the fiscal year end- ing June 30, 1892.

Items.

BUBVBTS.

For roDDlnK. meaBurlfig, and marking— Standardfl " ' Township

standards parallel I

liplines

Snbdivisional and meander lines .

Total iTor surveys

8ALAR1B8.

For salary of snrveTor-general

For salaries of clerKs

Total for salaries

CONTRIGElfT

For the pay of messenger, purchase of stationery, and other incidental expenses

Total

Total estimate for the service

12.600

7,500

30.000

2,500 4,500

1,600

TotaL

$40,000

1.600

48^500

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BEPOET OF THE SUEVETO&^^EHE&AL OF UTAH.

Unitbd States Survbyor-Qbnbral's Office,

Salt lake city, Utah, July 18, 1890.

I have the honor to Biibmit herewith, m daplicate, the annNial report of the United States snrveyor-generars office for the district of Utah for the fiscal year ending Jane 30, 1890, aocompanied by the following tabular statements, viz. :

A Statement showing condition of resarveys of public lands under appropriation for resarveys approved daring the fiscal year ending Jnne 30, 1890.

B^Statement showing condition of surveys of public lands surveyed under re- payments made by the Central Pacific Railroad Company, approved daring the fiscal year ending Jane 30, 1890.

C Statement showing number of townships, extent of mileage and character of soil surveyed under repayments made by the Central Pacific Railroad Company, and approved during the fiscal year ending June 30, 1890.

D Recapitalation showing number of miles of surveys approved and number of acres embraced therein, during the fiscal year ending June 30, 1890 ; also, total num- ber of acres surveyed in this Territory up to June 30, 1890.

£ Statement showing contracts returned prior to June 30, 1890, but which have not yet been approved by the survevor-general.

F— Statement showing contracts let prior to the commencement of the fiscal year ending Jnne 30, 1890, the field notes and plats of which have not yet been returned to this office.

G— Statement of contracts let during the fiscal year ending June 30, 1890, the field work of which is not yet completed.

H— Recapitulation showing number of miles surveyed and returned to this office prior to June 30, 1890, but not yet approved; also recapitulation of number of miles included in contracts let prior to the commencement of the fiscal year ending June 30, 1890, the plats and field notes of which have not vet been returned to this office.

The above statements show that the number of miles of surveys approved was 323 miles 45 chains 11 links; number of miles surveyed and returned but not yet ap- proved, 1,503 miles 'f7 chains ; number of miles included in contracts let prior to the commencement of the fiscal year ending June 30, 1890, but not yet returned to this office, 990 miles 2 chains 95 links; aUo that 4 surveying contracts were let during the fiscal year ending Jnne :)0, 1890, the field work of which is not yet completed.

The numberof acres of public lands surveyed up to June 30, 1889, was 12,339/J31.19; number surveyed and approved during fiscal year ending June 30, 1890, 91,814.41, making a grand total of 12,431,745.60 acres surveyed and approved np to June 30, 1890.

The number of township plats made and approved during the fiscal year ending June 30, 1H90, was 6.

The number of township plats made but not yet approved is 19. There has been a number of tracings of township plats made for the United States Geological Survey, and about the usual amount of miscelleanous draughting, tracing, etc., done in the Agricultural Department.

The Ceutral Pacific Railroad Company deposited, on selections, $99.74 for field work and 112.47 for office work, making a total of $112.21 ; and the Union Pacific Railroad Company deposited, on selections, $4,215 for field work and $526.87 for office work, making a total of $4,741.87 during the fiscal year ending June 30, 1890.

There were not any *' special deposits by individuals for the survey of pnblio lands " made during the year.

In the mineral department there were 220 orders issued during the year, as follows:

198 lode claims, at $27 $5,346

11 amended surveys, at $15 165

7 mill sites applied for after lode, at $27 189

4 reports on placer claims 37

5.737 Paid for confiicts 1,180

463

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464 REPORT Olf COMMISSIONER OF GENERAL LAND OFFICE.

Making a grand total of ^6,917 paid into this department of the office during the year.

There were 936 mineral plate made embracing 238 lode claims, 6 amended sarvejs, and 1 mill site.

There are 10 mineral claims in process of working op, 25 mineral claims snspended awaiting instructions from Washington, 21 mineral claims suspended awaiting action of applicants, and 6 mineral claims suspended awaiting action of deputy surveyor.

There are not any oJaims filed in the office that have not been taken up.

Considerable office work during the last year has been done in the preparation of detailed schedules of mining claims, preparatory to the making of connected plata of the more important mining districts; but, as in most of these district, a certain amount of field work is decessary, for which as yet no fund is provided, but little useful result has yet been attained.

Your attention is most earnestly requested to the argent need in this office of a aystem of connected mineral plats, and to the applications for an appropriation for this purpose made in estimates of June 19, 1889, and July 9, 1890, and in letters of Decem- ber 24, 1889, and May 27, 1890.

I have the honor to be, most respectfully,

Ellsworth Dagortt, U, S. Surveyor-General far Utah. Hon. CoMMissioinER Obnbral Land Office,

WaskingUmy D, C.

A. Skttement showing condition of resurveys of public lands under appropriation for *^resurveyt^ approved during the fiscal year ending June 30, 1890.

Oontnot.

Deputy.

Resarveya.

Extent.

Rate.

Coat

No.

Date.

IM

1887. Hw. 10

Arthur F. Benton*..

HecldiMi lines: Te. 7. 8, and 9 N., B. 1 E..8»lt Lake meridian

Township lines: South and east boundaries. T.7 N., E. IE. ;aonth boundaryVr. 8 N., R. 1 W.j east

3 E. ; east boundaryVT. 9 K., R. 1 E., Salt Lake meridian

Jf* 0. L.

U 00 00

18 78 06

81 00 70 28

♦7.00

8.46

4.20 i.20

008.00 70 85

SubdlTlsion lines: Ts.7.8,and9ir..

R. IE., Salt lake meridian

Closinss: T.8K..R.1 B

188L86 01

04 88 06

808.72

* Cost of suryey, $802.72; amount of oontraot, $207.80; defloiency, $4 02.

B. Statement showing condition of surveys of public lands surveyed under repayw^ents made by the Central Pao{fie Railroad Company and approved during the fSfoal year ending June 30, lb90.

Contraot

Deputy.

Surveys.

Extent.

Bate.

Ooft

No.

Date.

167

1887. Har. 10

Arthur F. Benson*..

Meridian Une: T.7K.,R.1E

Township lines: South and east boundaries. T. 7N..R. 1 B.; south and west boundaries, T. 8 K., R.

1 W. ; east boundary. T. 8 K., R.

2 E. : east boundary, T. 9 K., R.

1 E. ; north boundary, T. 9 N.. R.

2 B.. Salt Lake meridian

jr. a L,

4 00 00

28 72 04

225 66 10 08 81

$7.00

&45

4.80 4.20

$28.00

167.65

Subdivision lines: T. 7 K.. R. 1 E.; T.8 K.,B.l W.J T. 8 K., Ra. 1 and2E.; T. 0 K.. Rs. 1 and 2 B., Salt Lake meridian

017.04

Closings: T.8K..R1W.;T.8K.. R'sland2 B., Salt Lakemerldian.

.44

258 57 05

1«18S.03

* Amount of contraot, $1,140.70; cost of surrey, $1,138.98; excess, $6.77.

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UTAH.

465

C. statement ahoioing number of tawnshipet extent of nUleagef and ekaraoter of soil ewr- veyed under repayments made hy the Central Paoific Railroad Company ^ and approved during the fiscal year ending June 30, 1890.

Ko.

Description.

of area.

Meridian.

Township.

Section.

Connecting lines.

Agriouit. ural.

Mineral iron.

TotaL

T.7N.,K.1E.... T.8 N..R1 W ...

Jf. 0. L,

4 00 00

Jf. 0. L.

4 70 96 11 00 72

Jf. 0. L.

18 62 28 00 05 75

81 76 30 60 76 50 10 00 68 60 04 64

Jf. a L.

AOTM.

6,417.06 28,024.96

9,877.08 23,005.32

6,402.04 28,048.00

Aertt.

Aertt.

6,417.06 28,064.96

9,877.08 28,005.82

6,402.04 23,048.00

94 01 74 05 68

40

T.8 N.,R.1 E

T.8 N.,S.2S....

3 00 96 6 00 «00 6 00 OU

T. 9 N., R. 1 £ . . . .

T.9 N.,B.2£ ....

4 00 00

28 72 64

225 56 10

08 31

01,774.41

40

91,814.41

No.

Date of surrey.

Deputy.

If

1

<

June 16 to 34, 1887 Jnne 24 to July 8, ] July 11 to 14, 1887. July 27 to Ao^st July 18 to August July 14 to 37, 1887.

Arthur F. ...do ...w

Benson

167 167 167 157 157 157

4-

1887 ... . ..

... do

+

9,1887

... do

18,1887

... do

+

....do

KECAPITULATION.

Total number of miles of surveys approved during the fiseal year ending June 30,

1890.

ITnnd.

Meridian.

Township.

. Section.

Connecting lines.

Hesurvey -

Jf. a i.

14 00 00 4 00 00

Jf. 0. L,

18 78 08 28 72 64

Jf. a L.

81 69 70 225 .'^{ 10

Jf. 0. L, 28

Bepayments hy Central Paciflo Bailroad

08 81

18 00 00

47 70 72

257 45 80

08 69

Meridian.. Township . Section.

Connecting lines . Total

MeasuremeDts.

Jf.

18 47 357

70 46 08

00 72 80 69

823 46

Total number of acres surveyed up to Jane 30, 1889

Total number of acres surveyed and approved durlnst flsool year ending June 30, 1890.,

Total namber of acres surveyed and approved up to June 30, 1890.

10186 L o 30

12, 339, 93L 19 91, 814. 41

12,431,745.60

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466 REPOBT OF COMMISSIONER OF GENERAL LAND OFFICE.

^.Staimnent showing amtraot$ returned prior to June 30, 1890, hut wMeh have not yet been approved ly the eurveyor-general.

Oontnot

Depu^.

Fund payable ftmn~

Extent.

Bstimated

Ko.

Date.

oost

164 156

1888w Jane 28

...do....

OttoB.SiJomon

....do

Appropriation for re«iirvey of pnb-

Bepaymente made by Union Paoifio BaUroad Company.

Appropriation for sarrey of ap- praised and relinquished military reservations.

Appropriation for surrey of ap- praised and relinqnisbed miliUry reservations.

Appropriation for vesarveys of pnblic lands.

Benayments made by Central Pa- clflo Bailroad Company.

....do

Jf. a L.

09 40 00

201 40 00 114 77 00

726 40 00

33 40 00 190 40 00 72 00 00

$884.75

1,430.50

836.25

2,492.25

178.50

1.041.50

884.00

150 100

104

186

1887. lf»7 8

...do....

1888. Har. 8

...do....

Ang. 9

EdwudW.Koeber*..

Bobert OorUntkit....

ArthnrF. Benson t... do

100

....do

1,503 87 00

0,497.75

* Fort Thombnrg military and wood and timber reservation, t Fort Crittenden (Camp Floyd) military reservation, t Field notes only returned; plats not yet filed by deputy.

F. Statement showing eontraets let prior to the commencement of the fiscal year ent^ng June 30, 1U90, the field notes and plats of which have not yet been returned to ihis office.

Contraot

Deputy.

Fund payable ftom—

Extent.

Na

Date.

coat.

158 101

1887. May 8

July 9

1»9. June 21

Edward W.Koeber*..

. .do ..«>...•......■■.

praised and relinquished miUtazy

reservations. Bepayments made by Central Pa-

clfie Bailroad Company. Beenlar appropriation for reenrvey

and survey of public lands forfls-

eal year ending June 80, 1889.

Jf. a L.

94 64 96

808 40 00 501 08 00

$47&e5

1,277.02 8,000.00

109

Augnstua D.Femm..

990 02 95

4,758.27

* Fort Cameron military and wood and timber reeervatiott.

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UTAH.

467

Q.-^Staiement ofcontraeU lei during thefi$oal year ending June 30, 1890, the fieldwitrk of

which ie not get completed.

ContnMi.

No. Dftto.

J70

ITl

m

178

IMO. Jane 4

Depaty.

Bdward W. Xoeber *

Jane 10

June 17

JaiMlt

Detoription.

Angastns D. Ferron t

BdwtfdW.Ko^bert.

Adolphe

BBBUBTIT.

Standard lines, second standard par- allel north through Ba. 1 and 2 W.

Township lines, west andftaotional north boundaries in Ts. 9 and 10 N IL 2 "W

SubdiyUion lines, Ts. 8, 9, 10, and 11 I N., K. 2 W.

BUBVIT.

Township lines, fractional north boundary Ts. 0 and 10 K., B. 2 W.

Subdivision lines, Ts. 8, 9, 10, and 11 N., R. 2 W.

Meander lines, island in BearriTor in T. 9N.,R.2W. ; aUof the Salt Lake base and meridian, Utah Ter.

All exterior and subdivision lines comprising the arable lands in the following townships, to wit, T. 2 S^ R.2 W.; T. 1 S., Rs. 2, 3, and 4 W. ; T. 1 S., R 2 B. ; T. 2 S., Bs. 1 and 7 E. ; T. 4 S.. Rs. 1 and 2 E. ; T.17S.,B.7E.; T.ieS., ROB.; T. 18 S., Bs.2,8.and6 B.; T. US., R.8B.; T.10S.,R.8B.; T.IOS., R. 1 £. of the Salt Lake base and .meridian, Utah Ter.

All exterior and subdiTision lines oompnsinK the arable Isnds in the xbUowinff townships, to wit : T. 12 S.. R. 2E. ; T. 16 8., Rs. 1 and 2B.; T.US^Rs.2and8B.; T.21 S., B.1B.; T.90S.,B.2E.; T. 19 8.,B.2E.; T.18S^R.8B.: T.17 8.,Bs.2aad4B.; T.168..R.4E.; T.28S.. Rs.l,2,and 8 W.of the Salt Lake base and meridian, Utah Ter.

All exterior and subdlTlslon lines comprising the arable lands in the following townships, to wit: T.80&,Rs.7and6B.; T.998.,Rs. 7and6E.; T.268., Bs.4and6B.; T.aOSMB.5B.; T.89S.. R.SB. of the Salt lAke base and marid- ian, Utah Ter.

Bxtcnt

12

a

17 70 00

51 88 00

8 15 00 44 88 00

7 00 90

136 29 00

Amount of oontraot.

9782i0fr 2,6U0i0O

2.000.09

509.00

5^702.09

* Pliable fh>m repayments made by the Central Paoiflo Ballroad Company for the rasurrey and sur- vey ox publlo lands.

t Payable from regular appropriation for resurvey and survey of publio lands approved Marsh 1889.

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468 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

BBCAPITULATION.

H. Number of miles 8urveyed and returned to thia office prior to June 30, 1890, but not yei

approved.

Meaenrementa.

TiiDd.

Meridian.

Standard.

Military boandaiiefi.

Townahip.

Section.

HMnrvey

Jf.ai.

840 00

M.O.L.

M.O.L.

M.O.L. 600 00

4140 00

31 40 00

106 00 00

88 40 00 227 00 00 23140 00 686 40 00

U.O,L.

Bepavmento Central PaMsifio SaUroad

Bepayments Union Paoiflo BaUroad

12 00 00

340 00 16 00 00

18 00 00

▲pprouriation for survej of military reMrvation

18177 00

20 40 00

10 40 00

131 77 00

186 00 00

1, 188 40 00

18 00 00

Measnremeata.

Meridian

Standard.

Militai7 boundaries

Township

Bection

Meanders

Total

M.

20 19 131 185 1,133 18

a.

40

40 77 00 40 00

00 00 00 00

00

1,603 37

^Milder of mile* included in oontraoU let prior to the commencement of the fiscal year end ing June 30, I8d0, the plats and field notes of which have not yet been returned to this office.

Measurements.

Fond.

Meridian.

MU?tary Standard, bound- ary.

Boundary »r^-r«

Indian i ^J^' i Section. Reserve.; "^^^P" i

Closings.

BMiayments Central Pacific

M.O.L.

24 00 00

30 00 00

400 00

M.O.L. 4 00 00 24 00 00

M.O.L,

Jf.aJD.

M.O.L. 19 40 00

M.aL. 256 00 00 420 28 00

68 OS 00

iLaL.

Begular appropriation for re-

snrveyand snrvey

Appropriation for sorrey of

8 00 00

107 00 00

2 40 00

22 69 06

9 60 00

68 00 00

28 00 00

22 69 95

8 00 00 1 136 20 00

734*83 00

2 40 00

Measorements.

Meridian

58 28 22 8 136 784 2

0. L. 00 00

Standard

-

00 00

Military boundary ----

09 96

l^nndajrv Indian Veserre...

00 00

Towni*liip

20 00

Section

88 00

Closings

40 00

Total

990

02 06

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KEPOET OP THE SUEVETOB-GEVEEAL OP WASHIHGTOV.

United States Surveyor-General's Office,

Olympiay Wash,, July 16, 1890. I have the honor to sabmit herewith, in duplicate, the annual report of this offioe for the fiscal year ending Jnne 30, 1890, accompanied by the following tabular state- ments, viz:

A.~Statement showing condition of contracts not closed at date of last annual report.

B.~ Statement of contracts let for the survey of public lands in the State of Wash- ington, the number of miles and acres in each township surveyed, the number of Slats made and the estimated liability of contracts under the appropriation for the seal year eodii^g June 30, 1890.

The accompanying statements show the aggregate number of miles surveyed dur- ing the past fiscal year as follows :

Number of ntandard lines run, 6 miles: number of township lines run, 116 miles 78.40 chains; number of section lines run, 768 miles 65.0^ chains; number of meander lines run, 76 miles 40.83 chains ; total number of miles surveyed, 968 miles ^.28 chains.

Number of townships surveyed, 16 ; number of donation claims surveyed, 1 ; number of township plats, tracings, et«., made, 261. No special deposits made for survey of public lands during the past fiscal year. Amount of special deposits for office work on mining claims, |1,285. Number of mineral surveys, 33.

No deposits made by railroad companies for cost of surveys and ofilce work. Respectfully submitted.

Thos. H. Oavanauoh, U, S. Surveyor-General for Waehiugton,

Hon. Lewis A. Groff,

Commiseioner General Land Office,

469

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470 kEPOBT OF COMMISSIONER OF GENERAL LAND OFFICE.

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WASHINGTON.

471

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REPORT OF COMMISSIONER OP GENERAL LAND OFFICE.

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BBPOBT OF THE SUBVETOB-GEHBBAL OF WTOMIirO.

United Statbs Bubyeyor-Obnbral's Office,

Cheyenney Wyo., July 14, 1890.

In compliance with instmctions contained in your circular letter of April 23, 1890^ initial £, I have the honor to submit herewith taiy annual report, in duplicate, )f the BurveyinK operations in the district of Wyoming, for the fiscal year ending June 30, 1890, with tabular statements a8 follows, viz :

A. Statement of contracts entered into under the regular appropriation for the fiscal year ending June 30, 1890.

B. Statement of contracts entered into under the appropriation of February 8, 1887, for the allotment of lands iu severalty to Indians.

C. Statement of mineral surveys platted and transcribed.

D.— Statement of deposits made by individuals for office work on mineral surveys.

£. Statement of contracts entered into under appropriation of March 3, 1885, for surveys of abandoned military reservations.

BBGULAR APPROPRIATION.

Under the appropriation of $10,000 for surveys m this district, two contracts were entered into, but too late for any field work to be done thereunder during the fiscal year.

Of the contracts let under the appropriation for the fiscal year ending June 30, 1889^ the field notes of contract No. 234, dated June 19, 1889, with Frank H. Jones, deputy surveyor, have been filed in this office, and the office work thereon will soon be com- pleted.

Examination of the .field work under this contract is now in progress.

The field notes of surveys under contract No. 233, dated May 13, 1889, with Frank- lin O. Sawin, deputy surveyor, have not yet been returned to this office.

SP1CCIAL DEPOSITS.

No special deposits for surveys of public land in this district this year.

AGGREGATE jOF WORK DONE DURING THE FISCAL

Number of plats and diagrams made 2St

Number of transcripts of field notes made 28

DEFICIENCIES.

Under appropriation for examination of surveys during the fiscal year ending June 30, 1889, there is a deficiency of $1,113.40 on account of the examination of the survey of the Fort Fetterman military reservation in this district. This deficiency was re- ported in the last annual report of this office. Very respectfully,

William A. Richards,

U. S, Surveyor-OeneraL Hon. Lewis A. Groff,

dmmitiioner Gm^eral Latid Office^ Wtuhingianf D, C,

473

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474 REPORT OF COMMISSIONER OF GENERAL LAND OFFICE.

A. Statement of oontraote entered into under the regular appropriation for tkejleeal jfoar

ending June 30, 1690.

Contract

Namoofiorre^or.

' Deaoilptioii of tarrey.

UabUity.

No.

Dmo.

1880.

287

June 18

J.B.Sluninoii

The ninth •tandud pwaUel north M milM ; the

exteriors of Ts.Sf and 88 N.. B. 00 W.; T8.88,88, and M N., B. 81 W.; T. 38K.. Ra. 02, 08, 94, and 85 W.,

$6,000

and the anbdiyisional lines in above townshipe siir* Teyable under the approprintion.

288

JuoM

W.O.Ow«n

Beenrvey of the aeTenth and eighth standard paral- lels between the ninth and tenth guide mwldians

5,000

west; the ninth and tenth guide meridians west between the seventh and eighth standard parallels; the exterior lines of Ts. 20. 80, 31. and 32 N., Rs. 73, 74, 75. 78, and 77 W. ; also the snbdivisional lines of

T. 82 N., Bs. 75, 78, and 77 W., which are snrve} able

B.^8tatement of eontraete entered into umder the appropriation of February 8, 1687, for the allotment of lands in eeveralty to Indians.

Contraot.

No. Date.

Name of snnreyor.

Description of surrey.

liabUity.

1800. ICar. 22

H.B. Carpenter.

The Wind Bi-ver meridian. IS miles. The exterior and snbdiTision Unes of Ts. 2 N., Bs. 1,2, 8. 4, and S B. : T. 8 N., Bs. L 2, 3, 6, and 6 E. of the Wind Birer meridian. T. 1 N.. R. 1 W. ; T. 2 N., Bs. 1 and 2 W. ; T.8 N., Bs. 1 and 2 W., T.4 N., Bs. 2 and 3 W. : T. 6 K.. Bs. 2 and 3 W., all north of base line, and T. 2 8., B. 2 W. of Wind Birer meridian, in Shoahone Indian BeeerraUon, Wyo.

$12,000

C. statement of mineral surveys platted and transortbed.

Surrey.

Snrreyor.

Name of claim.

Date of United States

No.

Dis. trict.

register's receipt

58

2

2

Oharifw BeUamy...

Van M. and Snowflake lodes

Deo. 18^1880 Do.

54

do

Bndymionlode

jy.^Statement of deposits made by indieiduale for office work on mineral surveys.

Date.

Depositor.

No.

AmooBt.

Not. 21, 1880

S.W.Dowiiey

7804

First National Bank, Denrer, Colo. . . .

100

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WYOMING.

475

E. Statement of eontracU entered into under appropriation of March 3, 1885, for 9urve^$ * of abandoned military reservatione.

ContHMt.

Detoriptloii of surrey.

Estimated

No.! Date.

liabiUty.

1889. Dea 10

J.E.Shumoii

The exterior and sabdiTision lines necessary to oon- neot the lines of the pablic surveys with the new eastern boandary of the Fort MoKinney military reservation, in Ts. 50 and 61 N., B. 82 W.

$80

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INDEX.

Abandoned military TeserrationB, appropriations for, estimates of 264

entries on 821

in Wyoming, snrv-eys of 476

lUts and acreage of 18,186-140.166.166,266

plaoed ander oontrol ot tlie Seoretaryof tlie Interior 166, 166

sarvey, appraisal, and sale of 16

Surrey of; etc 184,186

Aberdeen and Watertown land districts, Dakota, all lands embraced witbin, traasforred to

Fargo district 168

land district, Dak., certain lands a part of, transferred to the Bismarck district 168

Aetof Jnne22, 1864, sections, only one petition filed onder .' 482

2, 1868, secdon 8, claims ander, 416

8, 1878, burden of proof in prosecntions under 850

Aoeonnts, diTision of. (See General Land Office.)

mistaken methods and practices in settlement of 13

responsibility and labor in adjusting 18

Adjustment railroad. (8e$ Kailroad.)

Agrioultaial cases involving mineral questions 832,838

ooUege scrip, entries of lands with 822

lands, surveys confined to 33,353,460

patents issued, acreage of 4,7

Akron land district, Colorado, establishment and location of 156

Alabama and Chatunooga railroad, (Ala.), ac^astment of grant to 20,199

Florida railroad, (Fla.), ad|ustment of grant to 20,102

Alliance land district, Kebraska, establishment and location of 166

Allotment of lands in severalty to Indians in Wyoming, surreys for 474

Annual instructions for surveys, text of 34-S7

reports of surreyors-general , 351-475

report of the surveyor-general of Arizona 353-355

CaUfomia 856-360

Colorado 368

Dakota 304

Florida 390-401

Idaho 403-413

Louisiana 416-417

MinnesoU 420

Montana 422-424

Nevada 427,428

New Mexico 430-437

Oregon 46^-460

Utah 463,464

Washington 469

Wyoming 473

Appropriations, deficiencies ot for surveys in Wyoming 478

estimates of , for abandoned military reservations 254

collecting the revenue iVom the pnblic lands 207,258

contingent expenses, offices of surveyors-general 257

expenses of inspectors 258

library 258

maps of the United States 268

salaries, offices of surveyors-general 855-257

service of General Land Office 253-258

surveying pnblic lands 253,254

for surveys and resurveys 33

Apportionment of appropriation for surveys 33,34

And lands in Idaho, irrigation and reclamation uf 42

of, reportson 404

Nevada 428

region, public lands of the, irrigation of, treatment of subject of 60-78

{8m Pnblic lands.)

Aiisonai annual report of the snrveyor*general of 363-356

artesian wells, desirability otjn 854

deposit system for surveys of pnblic lands in 863,354

desert land act, beneficent results of, in 354

Peralta private land claim in, stricken from the docket 354

private land grants in, condition of i 354

surveys in, on old contracts 87,356

no, in, payable from deposits 353

477

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478 INDEX.

Aria(ma,tO|MgraphlealBiirvev8iDj3liangei]i oondactoffUrged Sii,l9fr

White Hoantain Indian Beaerration, westem boundary of, survey of 354^ 865

(Ses PriTato land claim.)

(See Snrreya.)

Artoaian wells in Arisona, desirability of 364

Atchison, Topeka, and Santa F6 Bailroad (Kansas), adjustment of srants to 20,190,181

"BelleTne"toimsite addition, Idaho, surrey of, approved 404

Bismarck. (See Aberdeen.)

Bitter Root valley, Montana, surveys in, time for completion of, extended ^3

Blackfoot Indian Beservation, in Montana;, boundaries of, narveyof 422

Blaok HiUs land district. South Dakota, changes in boundaries of 163

Bounty land business, condition of the 12; 13, 02, 93

Bowers island, Montana, survey of 1 428

Bricks. (8€4 Oklahoma.)

Broken Bow land district, Nebraska, establishment and location of 156

Buena Vista rancho, private land claim in California r^eoted, resurvey of 55, 86t

BuffiUo, Public Land Strip, location of land office at 158

Buri-Burl private land daun in California, resurvey of 950

O.

California, Central Pacific Bailroad Company, special deposits by 382

deputy mineral surveyors of, list of 8S9

Hoopa Valley Indian Reservation, subdivision of 8S0

mineral surveys in 867,358

nrivate lafid claims in, status of 358,360

Shasta land office, removal of, to Reddins district, California ISO

Stockton land district, transfer of towni&ips to, Aram Independence, Cal 152; 158

surveyor-general of, accounts of 382

uinaal report of the 350-300

surveyor-general's office, draughting department of, work of 357

offioeworkof 358

Spanish archives, department of, condition of 358

surveys of puWic lands in 38,30,850,357,800-383

swamp and overflowed lands in 388

(See Private land claims.) (See Surveys.)

Camp MoBermitt hay reservation in Nevada, rejected survey of 55

Ca&adade los Baqueros, private land claim in Oallfomia, patent for 32,358.358

Canal purposes, acreage certified to States for 22,290

Canals ana wacon-roada, no oertifioates or patents issued for 21,22,208

Cash receipts rrom sales of public lands 8,10, U

sales of public lands, acreage of 7,321

substitution in lien of warrants or scrip locations 8:80

Cftvanaugh, Thomas H. , surveyor-general of Waahington, annual report of 408

Cedar Ri^ids and Missouri River Railroad (Iowa), a^ustment of grant to 20, 182, 188

Ceded lands of Sioux Indian Reservation 30,66^184

Central Paoifl<^ Railroad Company, character of soil snrveved in Utah, under repayments by . . 403, 486

deposits by. in Utah, for field and office work of surveys. . 483

mileage of surveys, in Utah, under repayments \fy 488, 482

special deposits by, in Califomia 386

surve vs, in Utah, under repayments by, condition of 483. 484

Chamberlain land district, Dakota, boundaries of 168^154

Chehalis land district, Washington, establishment and location of 150

Cherokee school lands, entries of, acrcMe of 387

Chicago and Northwestern Railroad (Wisconsin) adjustment of grant to 30.100

St Paul and Minneapolis and Omaha Railroad (Wiscondn), adjustment of grant to. 20, 186, 180

Milwankie and St. Paul RaUroad (Iowa), adUustment of grant to 20,200

Circulars and instructions relating to public lands 141-158

Claims, miscellaueous, pending 12

Clarke's fork of Columbia river, Montana, townships on, survey of. 483

Clay. {8e$ Oklahoma.)

Coal land patents issued, number and acreage of , 4,7,832

lands, decisions and rulings under laws relating to 334,830

entries of 388

approved, but not patented 338

canceled 383

examined and patented 332,383

pending , 833

received 888

filings on 385^338.334

in sections 16 and 86, in Colorado, instructions relative to 380

old suspended entries of, re-examine(^l 332,838

patents for, r«>corded : 882

sales of 7,8^320,881

Colorado, coal lands in sections 16 and 36 in, instmctlons relative to 380

deputy surveyors in, on active duty in the field, list of 308,808

land mstricts in, establishment and location of three additional 154. 156

mineral lands in sections 16 and 86 in, instructions relative to 880

surveys in, original and amended, ordered. 880

mineaand mill-aitea in. aurveysof 375-880

private land claims in.statusof 29^88

surVeyoi- general of, and clerks, appropriation for 881

surveyor-general of, annual report of the 803

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iNl)EX, 479

Colorado, Mirvoyor-generarft office, oo&tinfeent ezpeuMs of, mfpwatUMtm for 891

peraoDB employed in, rooteror 890

■nnreysin, amended pUtta of, ordered. 309

field noteft of 867-374

inspection of, appropriation for 302

plata and tranacripta of 866,899

apeoial depoftiu for, by individoals 898

of mineaand mill aitea 37&-889

publiclanda in 868,864

(See Private land olaima.) {See Surveys.)

Columbia land district, WaahluKton. eatabllahment and looation of 156,167

Commlaaioner of the General Land Office, report of the 8-99

sorveys under Instrnctiona of 64

Companiea, railroad. (See Railroad.)

Competitive bida for pabUc lands 820

Con^oaKrantKo.80, private land c:rant in Colorado, atatnaof 80

Contest division. (See General Land Office.)

Contests, number of, statement of 17,280,232

Contests. (See Mineral.)

Cooa Bay military waeon-road, a^fnatment of fcrant to 20,201

Crook land district, Wyomin^c, establishment and location of 167

Crow Indian Reservation, Montana, survey of 429

]».

BagKett, Bllsworth, surveyor-gMueral of Utah, annual report of 463,464

DaSota land district. Nebraska, bouodariea of, changes m 163,1M

districts, transfer of certain lands to 163,164

surveyor-general of, annual report of the 394

surveys in 394-398

{See Surveys.)

Deeiaions and ruliufEs under mineral and ooal land laws 334-836

Desert land act, final entries of 10,11,319

oriKinal entries tmder .'. 10,11.818

rulings under 145

(See Public lands.)

lands, Tassen County, filings and entries of 9,10, 11, 818, 319, 836

Disposal of public lands by States and Territories 4-11,318-827

Donation elaima. acreage of, and amount received from 324

Draughting divlMon. (Sf«« General land office.)

Dubuque and Pacific Railroad (Iowa), acU^utment of grant to 20,183-186

Eaton, George B., surveyor-general of Montana, annual report of 42S-424

Educational granta, a^ustment of 284-239

approvalafor .\284

Commissioner's miinga relative to 241-244

_dward8,MN., timber caae of. In Colorado, I _.

Bntriea, final and onginal, number and class of 10,11

Bdward8,MN., timber caae of, In Colorado, an appealin 347

fraudulent (See Public lands.)

of all olaases of publiclanda, aggregate of 329

pending , 12

(See Public landa.) Bxeeaaeaon entrieaof publiclanda 319

F.

Fargo. (See Aberdeen.)

Filingis ooal, number of, and fees received fh>m 9,896

Girard scrip, number of, and fees from 9,899

homestead, number of, and feea received from 9,826

miscellaneous, and feea therefrom 9,826

number of, and fees from 9

pre-emption, number and fees received from 9,826

town-lot, number of. and fees received from 9,826

townsite, number of, and fees fkom 9,829

Valentine scrip, n amber of, and fees from 9,329

iSeeCoaX.)

(See Public lands.)

Final proof and payment 149-161

notices, requirementa as to 162

rules to be observed in passing en 147-161

rulinss controlling, etc 147-162

Fisher's island, Montana, survey of 429

Fkbthead Lake valley, Montana, surveys in, time for completion ot extended 428

Florida and Alabama Railroad (Florida), adjustment of grant to 20,193

mineral lands in, surveys of 400

private land claims in, surveys ot plats and description of, for patents 80, 81, 401

surveyor-general ot annual report of the 399-401

surveyor-general's office, office property and records of^ condition of 400

Spanish archives in 401

surveys in 899,401,402

plataand transcripts of 401

swamp lands in, reclaimable for sugar-farming 400

(See Surveys.)

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480 INDEX.

Fontnot, Henry, dalm of, in Louisiana, location of 416

Forests of Idaho .- iJ3

the public domain, protection of 90-S6

sarreysof, rates for, inadeanate 88,58,^8,460

Fort Belknap Indian Reservation, in Montana, boandaries of, survey of 422

Haileck military reservation, in Nevada, reelected surveyof 56

Hall Indian Reservation in Idaho, Pooatello townsite within, survey of 403

Feck Indian Reservation, in Montana, boundaries of^ survey of ^22

Fraudulent entries, agents enf^acred in investigation of 338-342

cases of, final action on 338

number of 338

records of hearings in, awaiting action 338

(/8m Public lands.)

O.

•♦Gay biU" in Louisiana, result of 418

General Land Office, appropriations for. {See Appropriations.)

business of the, detailed statement of the 87-350

Commissioner of the, report of the 3-86

division B (recorder's), work performed in 91-03

C (public lands), work performed in M-96

D (private land claims), work performed in 161, 162

E (surveying), work performea in 166

F (railroad), work performed in 180

O (pre-emption), work performed In 17,18,222,223

H (contest), work performed in 17,230-232

K (State and Territorial gr kuts), work performed In 233-446

L (drHugh ting), wf>rk performed in 247

M (accounts), work performed in 240,250

N (mineral), work performed in 331

P (special service), work performed in 33S-342

increasing mafsnitude and importance of 3

transactioQsof, during year. 4

Girard scrip, filings on Innds with 0,S26

Government lots, rent of 320

Graduation entries 821

Grande Konde Indian Reservation, township plats of 458

Granite quarry on public laud, how to acquire title tu 349

Grants. {See Railroad.)

Great Sioux Indian Reservation, act for the division of, provisions of 121-182

division of, etc 16

President's proclamation in relation thereto 182-lM

Historical and statistical table of the United States and Territories 177,178

Hobart^ Edward F., surveyor general of New Mexico, annual report of 430-437

Homestead entries commuted to cash 16; 11, 310

excesses on ^.. 810 «

final 10.11.321

fees, amount received firom 1 0,10,11,250,200

filings and ft^s thi refrom 0,3S5

laws, o riglnal en tries u nder 811 :*

rulings uuder 141-143

quarrying stone on, for speculative purposes 340

rulingn and decisions 141,143

{See Public lands.)

Hoox>a Valley Indian Reservation, Hum boldt countv, Cal., subdivision of / 850

Honnia grants townships within limits of, survey of 410

Buuo land district, Colorado, estHblinhraent and location of 156

Humphrey, E. C, surveyor-general of Colorado, annuid report of 160

Huron land dlstiict, Dakota, boundaries of, chau ges in US, 154

I.

Idaho, arid lands and irrigation in, reports on 404

in, irrigation and reclamation of 43

Bellevue townsite addition, survey of,approved 404

Fort Hall Indian Reservation, survey of townsite within 469

irrigatedand irrigable area of county Ada, etc 405

Alturas,etc 405

Bear Lake, etc 406

Bingham, etc 406

Bois4.etc 406

CaAsia,etc 467

Custer, etc 406

£lmore,eto 408

Idaho 411-418

Kootenai, etc 411-413

Latah, etc 411-413

Lemhi, etc 400

Logan, etc 408

Nez Percys, etc 411-418

Oneida, etc 410

Owvhee, etc 410

Shoshone, etc 411-418

Washington, etc , 410

Digitized by VjOOQIC

INDEX. 481

Idaho, irrigation And reolftmation of arid lands of 42

in, plan for, by oonnties 406-412

vital Importance of, to people of 404

minerals of, ffrowing output of 418

"liullan"townftite, survey of, approved and accepted 404

deposit for ^. 403

Nez Perc6 Indian Reservation, allotment surveys of 403

" Pocatello " townsite, survey of, completed, approved, and accepted 403

precious minerals of, output of 413

resources of, not surpassed, etc 418

surreyor-general of, annual report of the 403-413

surveys in, mining and other 408-405,418,414

timber resources of, in extent, little known outside of 413

virgin forests of 413

(See Surveys.) Independence. {Sm Stockton.)

Indian allotments 828

lands, acreage of, disposed of during year 8,827

sales of 8,327

{See Public lands.)

Internal-Improvement grants, M^Jnstmentof 5,234-230

Commissioner's rulings relative to 241-244

Iowa Indian Reservation in Kansas and Nebraska, rejected survey of 65

Irrigation of arid region, subject of 5^78

(See Arid region.)

in Idaho, plan iorand importance of 42,404-418

{See Idaho.)

Nevada, practicability of 47.428

(>e« Nevada.) Isleto, N. Mex., Indians of, claims filed by 432

jr.

Johnson, Rafael A., surveyor-general of Arizona, annual report of 853-355

Judith land district, Montana, establishment and location of 155

K.

Kansas, Lamed land district in, change of boundaries of 152,153

trust and diminished reserve lands, entries of , acreage of 327

li.

Land district in Oklahoma, an additional, establishment of 158

Public Land Strip, establishment of 158

Lamed, in Kansas, cnangeof bonndariesof 152

Stockton, Cal., transfer of townships to, from Independence 152,153

districts in Colorado, three additional, establishment of 154,165

Montana, two additional, establishment of 155

Nebraska, two additional, establishment of 165,160

North ana South Dakota, changes in bonndariesof 153

South Dakota, boundaries of, establishment of 158

Washington, two additional, establishment of. 150,157

Wyoming, three additional, establishment of 167

new, and changes in boundaries of, etc '. 162-158

offloe, Shasta. Cal., removal of, from, to Raiding, Cal .' 150

oiBMe, local, list of 158-100

(iSM Local.) Lands. (See Public Lands.)

Lamed land district, Kansas, transfer of lands from Topeka district to 162

La Salina private land grant. New Mexico, boundaries of, establiahed 432

Lassen County desert land tilings and entries, number of, and feeaflrom 0,10, 11,826

lands, salesof 890

Lewiston land office. Mom., establishment of 166

LiUle Rock and Fort Smith railroad, Arkansas, a^jnatment of grant to 20, 186-188

Local land offices, business transacted at, statement of 288-817

expenses of, amount necessary to meet 261,282

listof loa-ioo

Logging company. (See Railroad.)

Lonlalana,aotof June 2, 1858, section 8, claims under 418,417

Pontnot, Henry, claim of, location of.. 410

Houma grant, townships within, survey of 410

McDonOugh, John, claim of location of. 416

private land claim, "Gay bill, " result o^ etc 81,410

satisfaction of, confirmed and nnsurveyed land claims in 410,417

surveying in, appropriations for, estimates of 417,418

surveyor.genenJ of; annual report of the 4liM17

surveyor-general's office, office work of 416

surveys in 416-410

field and office work of. 416,410

(See Private land claims.) (See Surveys.)

Mt

McDonongh^ohn, claim of, in Louisiana, location of 410

Map of the United States, revision and correction of, from official surveys 10

Maps, railroad, larse number of, examined and reported on 17

State, in pnblii* hers hands 16

10185 L o 31

Digitized by VjOOQIC

482

INDEX.

Hendano and Zspftto private iMid icrant in Colorado, status of 30

HUltary boonty land-warranta, entries of lands with 822

MlUtary reseryaUons, ezistine, names, area* and locations of 167-176

on ttaeChalf coast. survey of 45

(See Abandoned.) HiUsite. (<8m Mineral.)

Mineral and mill-site entries canceled 823

examined and iiatented 833

receive

patents for, issued 4,832

mining claims in Utah, orders issued in, receipts from 468,464

^n^Ucatlons, final proof not made 884

in which final proof was made 834

number of, ana fees from 386

contests, number of, pending 834

division. (See General Land Ofiioe.)

lands, adverse claims on, filed 382

' and mill sites sold 331

applications for, filed ».... 382

contests for, filed 882

content cases considered snd finally disposed of 332,888

decisions and rulings under laws relating to 834-336

entries of, etc 14,382

approved, but not patented 332

examined 832

in sections 16 and 36 in Colorado, instructions relative to the 886

old suspended entries of, re-examined 832,833

patentsfor, Issued 382

recorded 832

qnasi-contests for 338

railroad selections, considered and disposed of 832,333

listsof, pending 833

received 888

sales of 818

lode, placer, and mill-site claims on 832

patents issued, acreage of 8,4,7,832

protests, number of, snd fees firam 885

questions, quasi-coDteet cases involving 832,833

agricultural cases involving 882; 383

{8u Idaho.)

{S0t New Mexico.)

{Se0 Wyoming.)

Minnesota, public lands in, character of 428,434

surveyor-general of, annusl report of the 430

surveysin 480^26

clerical work of, appropriations for, insnflLoient 424

compensation for, Insufficient « 428

(See Surveys.)

Mines and mill sites in Colorado, surveys of 875-888

Mining applications disposed of 384

final proof not made 834

in which final proof was made 384

pending, number of 883

received, number of 383

claims in New Mexico, deposit on account of 431

Oregon, special deposits for work on.*. 458.456

(iSMKew Mexico.)

Miaoellaneoua entries, number and acreage of, and amount reoetved firom 825

selections and claims pending, acreageof 12

Missoula land district, Montana, establishment anolocation of 155

Missouri, Kansas and Texas Bailroad (Kans.), a^ttstment of grant to a0,188>180

Montana, agricultural surveys in 422

Kackfootlndian Reservation, boundaries of, survey of 422

Bower's island, survey of 42S

Clark's fork of the Columbia river, townships on, survey of 428

Crow Indian Beservation, survey of 413

Fisher's island, survey of 428

Flathead Lake and Bitter Boot vsUeys, surveys in, time extended for 488,424

Fort Belknap Indisn Beservation, boundaries of^survev of. 428

Peoklndiwi Beservation. boundaries of, survev of 482

land districts in, two additional, establiahmenc and location of 155

Manual of Instructions for deputy mineral surveyors of, a new, completed and piib>

llshed 423

mineral surveys in 422

surveyor-general of, annual report of the 482-424

" appointment by, of local inspeotors of iureyi works wett 483

sarveys in, rates for, insufficient 483

(See Surveys.)

Monterey, city lands of, tract Ko. 2, resnrvey of, completed 850

•Mullan^'townsite, Idaho, survey of, approved and accepted *• 408,404

^*

Napa raaoho. private land claim in California, survev of part of 8S0

Nebraska, Aluanoe land district, establishment and looaaon of 156

Broken Bow land distrior, establishment and location of 155,156

north boundary ot survey of 56

(See Surveys.)

Digitized by VjOOQIC

INDEX. 483

Page.

NeTftda, Irrigatdon in, practioablUtv of 47,428

mineral anrreys in, depoefts for 487

rainfall in, exoeptlonaUy light 428

Bnrveyor-geo«nu of, annnaireport of the 417,428

snrveysin 487-429

extension of, asked for by settlers 428

(Bte Surveys.)

Ifew HexlcO) act of June 22, 1854, section 8, only one petition iiled under 432

first taken possession of by Spain * 26,488

grants by Charles ot Spain in 482

Isleta, Indians of, claims filed by 488

land claims in, unsettled, number and obaraoter of 488

lands of, claims to, included in treaty of Guadalupe Hidalgo 484

titles to, should be confirmed 484

La Salina, private land grant in, boundaries of, established 482

mineral land, some of the richest, within boundaries of Spanish and Mexican grants 481

mineral resources of 481

mining claims in, deposits on account of 481

locators of; many poor men 481

patents, great cost of 431

placita, ^th its outlying lands, diagram of a 482,438

private land claims in, ^>anish and Mexican, pending in, list of 440-467

grants in, condition of 24,482

settlers in, hardships of 481

small holdings of land in 482

surveyor-general of, annual report of the 48<M87

surveyor-generars office, arrears in office work of 436

snrvej'^sin 480-467

appropriations for 488,488

approved 489

unsettled titles in, gravest evils resulting fbom 434

Yolcker, Henry, heirs of, grant confirmed to 482

(See Private land grants.) {See Surveys.)

Nez Perce Indian Reservation, in Idaho, allotment surveys on 408

"No Man's Land, "Buf&lo land district, establishment of. 158

embraced in Oklahoma 16

Korrish, John F., surveyor-general of Minnesota, annual report of 480

North boundary of Nebraska, survey of 66

O.

Oklahoma, bricks, taking of clay in, for the manufacture of 846

city land district, establishment of 168

Kingfisher and Guthrie, land offices established at 16

land district in, an additional, establishment of 168

" No Man's Land " embraced in 16

regulations lor execution of provisions of act establishing Territory of 828, 229

settlemeut, opening of, to 1 16

timber on, coverecfby an unperfected homestead, use of 848

nseof, in, by bona fide settlers 848

townsites, trustees of, letter of Secretary instructing. 287,238

regnlations for the guidance of 223-827

(See Surveys.)

Omaha Indian lands, entries of, acreage of 327

Oregon, Grande Konde Indian Reservation, township nlatsof. 468

Manual of Surveying Instructions, copies of, nimished contracting deputies 460

mining claims in, special deposits for work on 468,459

forests of, rates for survey of, inadeouate «. 460

survey ot difficulty in making contracts for 460

or heavily timbered lands, survey of, prohibited 460

Silets Indian Reservation, allotment surveys on 458

townnhip plats of 458

surveying instructions of, modification of. 460

service of, estimate of funds required for 462

8urveyor>general of, annual report of the 468-460

snrveysin 458-462

contracts for, condition of .*. 450

petitions for, numerous, character of 459

CTmatilla Indian Reservation, maps of boundarv of 458^459

township plats of. 458

Warm Springs Indian Reservation, nortn boundary of, maps of 468

(See Surveys.)

Osage ceded lands, entries of, acreage of 327

entriee, suspended and unexamined 18,228

trust and diminished reserve lands, entries of,acreageof 327

Otoe and Missouria Indian lands, entries oC acreage of 327

P.

Patents, execution and delivery of 18

fbr private land claims, undelivered 82

railroad purposes, etc 21,22,210-217

river improvements 22,281

wagon-road and canal purposes 21,22,217,218

Indian aadmisoellaneous, aoreageof ^. 6,7,827

Digitized by VjOOQIC

484 INDEX.

Patenta, isBoed, asricaltaral, acreage of 3,4,7

coal land and mill-site 4,^,332

during the vear, acreage embraced within > 3,7

mineral and mill-site, nnmber of 4,7,832

railroad, acreage of 8,7,22,210-217

swampland, acreage of 6,7,23,246

{Sm CoaL) (iSTm Mineral.) '

Pawnee Indian lands, entries of, acreage of 327

Pecan island. La., resarvey of ^. 415,418

Peralta private land claim, Arizona, ft*andnlent character of 354

struck from the docket 354

{See Private land claims.)

Pierre land district, S. Dak., boundaries of 154

Platte land district. Wyoming, establishment and location of 167

' * Pocatello " to wnsite, Idaho, survey of, completed, approved, and accept ed 403

Porterfleld scrip, locationsof lands with 324

warrants, nnmber and acreage of 02

Pratt, Wm. H., surv^eyor-general of Califomla, annual reportof 866-800

Pre-emption division, work of 17,222,223

entries, work on, review of •- 17, 18,282|223

entry, sales of lands subject to 818

filings, number of, and fees from 825

Private entry, sales of lands subject to 318

land claim in Arizona, Peralta, invalidity of 24,854

stricken fWtm the docket 24

unfounded character of 162-164

California, Buena Vista rancho, survey of 359

Buri-Buri, resurvey of 856

city lands of Monterey, resurvey of tract No. 2 of, completed- 366

issue of patent in 32

Nap<^ rancho, survey of part of, oonflrmed 359

rancho Ausaymos y San Felipe, resurvey of east line of. 358

Cafiadade los Baqu6ros, patent for 82,358

LasPulgas, resarvey of 359

Punta ae la Lagnna, report on 359

Isleta. New Mexico, filed by Indians of 432

' claims, act of Jane 22, 1854, section 8, only one petition filed under 432

division. (See General Land Office.)

in California, large correspondence relating to 359

onepatentto 358

Spanish grants, patents for, not called for 859,860

undelivered patents for 32

surveys of, for patents 401

New Mexico, character and condition of 26, 432, 440-457

Spanish and Mexican, pending in New Mexico, list of 440-457

archives relating to 81-38,859,401,482,435

status of, in California 358,350

Colorado 29,30

Florida 81-83,889,402

Louisiana 81.416

New Mexico 24,433

grant, La Salina, in New Mexico, boundary of, established 482

grants in Arisona, condition of 1 354

scrip, entries of land with 322

Protection of the pnblic lands 79-66,888

(See Pnblic lands.)

Public auction, sales of lands at 818

land States and Territories, vacant lands in , acreage and looat ion of 96-121

service, estimates of appropriations for, preparation of 250

strip or " No Man's Land, ''^ Oklahoma, land district in, location of 158

survey and subdivision of 49

lands, abandoned military reservations, appropriations for, estimates of 254

entrieson 821

in Wyoming, surveys of 475

on, lists and^acreage of 16, 18fr-140, 165, 166, 256

placed under control of Interior Department 165, 166

, survey, appraisal, and sale of 16, 184, 135

accounts of, responsibility and labor in settlement of 18

act of June 22, 1854, section 8, only one petition filed under 482

2, 1858, section 3, claims under 416,417

3, 1878^ burden ofproof in prosecutions under 859

agricullural college scrip, entries of, with 822

surveys confined to 38,853,423,460

allotment of, in severalty, to Indians, in Wyoming 474

appropriations, deficiencies of, in Wyoming, for surveys 478

estimat es of, for abandoned military reservations 254

collecting the revenue from 257.258

contingent expenses, offices of surveyors-general 257

expenses of inspectors of surveys. 253

maps of the United States.....*. 258

salaries, offices of surveyors-general 266-257

_,^ _, ,,^ . surveys and resurveys of 38.263«854

arid region of, irrigation of 69-78,151

at pablic auction, sales of 818

bounty land basiness, condition of the 92,93

brick, taking of clay in Oklahoma for the mannfiujture of 84i

canal and wagon-road purposes, no certiflcation of, for 208

Digitized by VjOOQIC

INDEX. 485

Page.

Public lands, oanal parpofles, acreage of, certified to States for 22,220

cash receipts from saleafof 8; 10, 11, 321

■alee of; total 7,821

aabetitution in lieu of warrants or scrip locations of 830

ceded Sionz lands, snrrey of 80,55,184

Central PacifloBailroad, character of soil surveyed in Utah under repayments by. 463, 465

deposits by, in Utah, for field and oifioe work 463

mileage ofiirarvey s in Utah under repayments by 463, 466

surveys of, under repayments by 468,464

Cherokee school lands, entries of, acreage of 827

circnian and instructions relatins to 141-152

Coos Bay military wagon^road, adjustment of grant to 201

coal, decisions and ruling under laws relating to 884,836

entries of : 882

approved, but not patented 832

canceled 883

examined 882

and patented 888

receive(

filings on 0,825,882,884

in sections 16 and 86 in Colorado, instructions relative to the 888

r old suspended entries of, re-examined 832,888

saleaofT. 820,331

patents for, issued, area of 4^382

number of 4,832

recorded 882

oompetitiTe bids for 320

desert-land actk final entries of, under 818

original entries of, under 318

in Arinma, beneficent results of 854

Lassen County filings on 2,826

c sates of 820

laws, rulings under 146

disbursements for service of, total 250

disposal of the, by Btotea and Territories, statement of 4-8,818-827

disposals of, annually, from 1878 to 1800, acreage of 252

expenses incident to the 826

disposition of, during year 7,8,818-327

donation claims on 824

Bdwaids, M. K., an appeal in timber case of, in Colorado 847

entries of all classes or, aggregate of 826

desert^ final proof in 145

excesses on 810

final and original, number and class of 10,11,06*318-827

proof notices in 152

proofs in, rules to be observed in passing on 147-151

homestead, minor heirs 141-148

settlement before entry 141

original 10.11,05

pending 12

pre-emption, suspended and not examined .' 228

timber and stone, finsl proof in 145-147

culture, flnal proof in 148-146

selections, locations, and filings of, number and acreage of 84, 06

filings on, coal 0,825

feesfh»m 0

Glrard scrip 9,826

Lassen County desert land 0,825

nnmberof

pre-emption 0,326

total ihlscellaneons 826

town-lot 0,826

townsite 0,826

Valentine scrip 0,826

flnal entries of 10, 11., 06

proof and payment in cases of. 141^151

notices in cases of 152

proofii, rules to be observed in passing on 147-151

for canal purposes 21,22,220

railroad purposes certified to States and corporations for 21, 22^ 210-417

river improvements 22,221

wagon-road and canal purposes, no certificates of 21,208

forests of the, protection of 80-86

or heavily timbered, rates for snrvey of, inadequate 88,58,428, 460

surveys of, prohibited 83,858,460

Ihkudulent entries ot agents engSKed in investigating 79^888-342

I of, final ad " "" *""

1 action on 70,888

nnmberof 70,888

records of hearings in, awaiting action , 79,888

statement in relation to 79,80

Oiiard scrip, filings on, with 9,826

government lots on, rent of 820

graduation entries of 821

granite quarry, how to acquire title to, having a, on 849

great object of government in the disposition ot 3

Blonx Indian Beservation, dlvieion of 15,121-134

heavily timbered and mountainous, snrvey of, rates for 38, 56,428,400

Digitized by VjOOQIC

486 INDEX.

Page.

Public lands, historical and Btatifttioal table of. etc 177.178

homestead claims, olay. taking; of, from, for the making of brick 346

entries of, excesses on 319

final 321

commated to cash 319

fees, amount received fh>m 9, 10, 11, 2£8, 2«0

filings on 9,325

la\7a, original entries of, under 321

ralings ander Ul~143

quarrying Atone on, for speculative purposes 349

illegal appropriation, protection of, from 79,80,838-343

in Arizona, status of 363-356

Callfomia, status of 856,857,860,361

Colorado, status of 863,364,867-374

Dakota, status of 894-398

Indian, acreage of, disposed of, during year 8^327

allotments of 3S3

sales of the 8,327

in Florida, statUA of 401

Idaho, status of ■. 403-405,413,414

Louisiana, status of 415-419

Minnesota, stAtus of 420,421

Montana, status of 422-426

Nevada, status of 427-429

New Mexico, status of 480-457

Oregon, status of 458-462

States and Territories, area of 177-179

Utah, status of 463-468

Washington, status of 469-472

Wyoming, no special deposits for surveys of 473

Kansas trust and diminished reserve, entries of, acreage of 827

military bounty-land warrants, entries of, with 322

reservations on, existing, names, area^ and location of 167-176

mineral, adverse claims on, filed 332

and mill-site entries of, canceled 338

examined and patented 333

pending 338

received 833

mill-sites, patents for, issued 4,332

sold 331

applications for 825

filed 332

contest oases considered and finally disposed of.. 832^338

contests for, filed 332

pending 334

decisions and rulings under laws relating to 884-836

entries of 14,332

approved, but not patented 332

examined 332

in California, surveys of 867,858

Colorado, original and amended, ordered 389

Florida, surveys of 400

New Mexico, richest, etc 431

sections 16 and 36 in Colorado, instructions relative to the 336

lode, placer and mill-sito claims on 332

old suspended entries of, re-examined 332.838

patents for, Issued 4,332

recorded 332

protests in cases of 325

qaestions, agricultural cases involving 832,338

quasi-contest cases involving 332,383

quasi-conteists for 332

ndlroad selections, considered and disposed of 333

disposed of 332

list of, pending /. 333

lists of, received 333

sales of 7,8,818

surveyors, deputy, in California, list of 357,358

surveys of, in Wyoming, deposits by individuals for 474

mining applications disposed of 334

final ]>roof not made 834

in which final proof was made 334

pending 333.334

received 333

claims in New Mexico, deposit on accoantof 431

Oregon, special deposits for work on 468,459

miscellaneous entries of , 325

filings and fees, total 9,326

rulings in regard to disposition of 147-182

mistaken methodn and practices in adj nstraent of accounts of 13, 249

Oklahoma, regulations for execution of act establishing Territory of . . . , 228, 229

townsites, trustees of, regulations for the guidance of 223-228

Omaha Indian, entries of, acreage of 327

original entries of g^

Osage ceded, entries of, acreage of 327

entrien of, suspended and not examined 18^228

trust and dimmished reserve, entries of, acreage of 827

Otoe and Missouria Indian, entries of, acreage of 887

patents. (See Patents.)

Digitized by VjOOQIC

INDEX. 487

Page.

Public lands, Pawnee Indian, entries of, acreage of ' 324

Porterfield scrip, locations of, with 327

warrants, number and acreage of 92

pre-emption entries of 17.18,222,223,318

entry, sales of, subject to 818

fllinffson 9,825

private entry, sates of, subject to 318

land claims, etc 23<S3, 16U164, 322, 364, 368-36G, 401, 432, 438, 440-467

(See Private land claims.)

scrip, entries of, with 322

protection of the. importance of, etc 79-80,888

railroad companies, atynstment of grants of, to, letters submitting 181-202

claiming right of way over, number of 202

maps of location, date of filing of, by 220

schedule of, granted right of way over 203-208

construction timber, cutting of, on squatter's claim on nnsurveyed 349

division. (See General Land Office.)

patents, number of 21,22.208

purpooes, acreage of, certified to States and corporations for 22,208,210-219

selections of 828

awaiting action, list and acreage of 208

railroads, land grant, mileageof, constructed 22,208

receipts from all sources 7,8^250,326

registers and receivers, amount paid to 259

earnings of 259

(See Registers.) relinquished military reservations. (See Abandoned.)

repavments for, erroneously sold 260,328-830

revolutionary bounty land scrip, statement of 91

river improvement grants of, acreage of 22,221

satisfisction of unconfirmed and nnsurveyed 416,417

school indemnity selections of 323

selections of; railroad and other 10,11,323

Sioux half-breed scrip, locations of, with 824

Indian, entries of, acreage of 327

small holdings of, etc 26^27,432-435

special deposits by individuals for office work of mineral surveys 251

railroads for field and office work of surveys 251

for surveys of, etc 13

in Oregon for work on mining claims 468,469

(See Siiecial deposits.)

squatter's claim on nnsurveyed, catting of timber on 349

State and Territorial grants of, acreage of, approved 283,284

selections of 10,11,323

university selections of 323

supplemental and additional payments for 819

supreme court scrip, locations of, with.. 824

surveyed, area of ., 177-179

surveying division. (See General Land Office.)

service, appropriations for, report of the condition of 260

surveys and resurveys of, appropriations for 33

of, accepted, acreage of 33

contracts for, accepted, number of, by States 58

apportionment of appropriations for 34

in Arizona 87,858-355

California 38,366-362

Colorado 89,363-393

inspection of, appropriation for 892

special deposits for, by individuals 392

Dakota 39,394-398

Florida 40,399,401,402

Idaho 41,403.413,414

Louisiana 48,415-419

Minnesota 46,420,421

Montana 45,422-426

Nevada 47,427-429

New Mexico 48,430-457

Oklahoma, publicland strip « 49

Oregon 60,468^62

Utah 61,463-468

Washington 61,46^-472

Wyoming 62,473-475

rates for, inadequate 83,68,423.460

swamp, acreage of, approved 0,245

patented 6,246

selected 6,246

and overflowed, in California 358

indemnity selections of 23,824

in Florida, reclaimable for sugar-farming 400

selections of, original , 324

testimony in cases of, fees for reducing, to writing 326

timber and stone, applications for 325

fraudulent entries of 86

lawH, rulings under 146-147

saleH of 7,318

culture entries of, excesses on 319

fees, amount received from 259,260

Digitized by VjOOQIC

488 INDEX.

Pablic lands, timber culture laws, final entries of, under 322

original entries of, under S23

rullii£8 under 143-145

cuttinf: on rellnqmahed cash entries of, on university selections in Min- nesota S4A

depredations, cases of, location and status of 340

received and acted on 338,389

on, mlin j^s, recoiumcndationH, etc., in regard to 346-350

for speculative purposes, proceedings to ei^join parties firom cutting 848

taken ft-om, and sawed on sbares 8441,347

taking of, from, covered by homestead entries 348,847

trespass on, action in cases of 343-345

agents engaged in investigating 80, 842

statement respecting #, 80,342

use of, in Oklahoma, by bona fide settlers 348

on, covered by an unperfected homestead entry 340

to build a school-house 349

title to, having a granite quarry thereon, how to acquire 340

town-lot entries oi; approved 10,228

filings on 9.325

town-lotaon, sales of. 820

townsite entries on, received and approved 10,828

filings ou 0,8M

townsitea in Oklahoma) regulations and instructions governing 10^ 223-229

on. sales of 810

Uintah Indian, entries of, acreage of 827

Umatilla Indian, entries of, acreage of 837

reservation, Oregon, township plats of 458

Union Pacific Bailroad, deposits by, in Utah, for office and field work 468

university selections of 5,234828

in Minnesota, timber cutting on relinquished cash entrieson 840

unlawful indosnres of, acreage of 888

location, area, and present status of 841,842

reports on, and action in cases of 888,841,842

Ute Indian, entries of, acreage of 827

vacant and unsettled, statement of 18,90-121

Valentine scrip filings on, with 826

, locations of, with 328

wagon-road purposes, acreage o^ certified to States and corporations for 22, 217-S19

selections oCin Oregon, acreage of 209

war of 1813 warrants, number and acreagoof 92

Winnebago Indian, entries of, acreage of. 827

(8m General Land-Office.) (Se* Private land claims.)

R.

Bailroad,a^ufitmentofgTant to Alabama and Chattanooga (Ala.) 20,199

Florida (FL».> 20,192

Atchison, Topeka and Santa F6 (Kans.) 20,190,191

Cedar Rapids and Missouri River (Iowa) 20, 188, 183

Chicago and Northwestern (Wis.) 20,190

Milwankieand St. Paul (Iowa) 20,200

St. Paul. Minneapolis and Omaha (Wis.) 20, 185, 186

Dubuque and Pacific (Iowa) 20,183-186

Florida and Alabama (Fla.) 20,192

LitUe Rock and Fort Smith (Ark.) 20,1H6-188

Missouri, Kansaa and Texas (Kans) 20,188-190

St. Louis, Iron Mountain and Southern (Ark.) 20, 181-182

St. Paul and Dul nth (Minn.) 20,196

Northern Pacific, (Minn) 20, iPl

Minneapolis and Manitoba (Minn.) 20,191

Southern Minnesota Extension (Minn) 20,105

Vicksbnrg, iShrevejDort and Pacific (Misa.) 20,198

companies claiming right of way over public lands, number of 202

land grant, maps of location, date of filing of, by 220

one map of location, filing of 220

grants to, adiustmentof, letters submitting 20, 181-202

right of way to, through public lands, statements of 22,202

oonatmction timber, cutting or on squatter's claim on unsarveyed land 849

dlTialon. 5m (General Land Office.)

grants, afUustment of 19-22,181-202

unda patented, acreage of 6,7,22,208-210

patents, numberof 6, 7, 22; 206-219

Kirposea, acreage certified to States and corporations for a 6, 7, 22; 206-219 gging company secured approvals of articles of incorporation for 22, 202

selections 7,10,11,823

aeleotiona awaiting action, liats and acreage of 22,206

pending 12,22

(As Mineral.)

Railway oompanlee claiming right of way over public lands, number of 202

schedule or, granted right or way over public lands 208-208

Railroada, adjustment of grants to 19-22,161-202

land grant, maps of location by, fillngof 22

mileage of, constructed 22, 206

Rainfall in Nevada, light 428

Rancho Ausamos y San Felipe, private land claim in CaUfomia, resurvey of east line of 858

Buena Vista, rejected resurvey of 55^859

Digitized by VjOOQIC

INDEX. 489

Banoho Cailada do los Bmuotos, priTAte land eUim In California, lasaa of patent in oaae of 82, 368

Las Polgaa, ptiTate land claim in California, resarray of 859

Ponta do la Lagnna, private land daim in California^ report on 350

Bates for anrveyi* of heayil J timbered lands insnffloient 88,68,423,460

Beoeipts from all sonroes 7,8,320

Bedding. (£te Shasta.)

Begistersand receirers, amount paid to 269

earnings of '. 1 250'

Bi({ectedsanreys,eto 55,358,850

Belinqnished military reservations. {Ste Abandoned and Public lands.)

Bepaym^ts for lands erroneously sold 328-330

Besurvey r^ected of Rsncho Baena Vista 55,359

BevolntioDary bounty land scrip, statement of 01

Bichards, Wm. A., surveyor-general of Wyoming, annual report of 473

Blver improvements, public lands certified for 22,221

St. Louis, Iron Mountain and Southern Railroad (Ark.), adjustment of grant to 20, 181, 182

St^PaulandDuluthBailroad (Minn.), adjustment of grant to 20,195

Northern Pacific Railroad (Minn.), adjustment of grant to 20,101

Minneapolis and Manitoba Railroad (Minn.), adjustment of grant to 20, 101

8alea. (/Sm Public lands.)

School grant in Colorado, vaUd selections of, requisites for 242

land subject to the 241

relinquishment of selections under 242

indemnity selections 284,323

land, rights under selections of 242

lands, act of June 15, 1880, purchase of, under 242

double minimum indemnitv, selection of 841

Great Sioux and Ponca Indian Reservations 248-249

indemnity for, in reservations 241

selections of 6,10,11,234

contests against ...V. 242

section 2288, Revised Statutes, tzansfer of; under 242

trespass on 242

sections, indemnity for mineral land in 241

Selections and datms pending, miscellaneous, acreage of 12

railroad and other 7,10,11,323

river improvement, etc 22,221

State 6,7.10,11,323

school 5,10,11,234

swamp 6,7,10,11,245,324

{Se* PubUc lands.)

Seminole lands in Indian Territory, survey of east boundary of 54

Shallow lakes, ponds, and former streams, survey of 48

Shasta^ land office at, California, removal of, to Redding, Cal 156

Shoshone land district, Wyoming, establishment and location of 157

Slleta Indian Reservation, Oregon, allotment surveys on 458

township plats of 458

Sioux ceded lands in Nebraska, survey of 55

Falls land district, Dakota, boundaries of, changes in 154

half-breed scrip, locations of lands with 324

Indian lands, entries of. acreage of. 827

Reservation, ceded lands of the 16,30,134,327

Great, division etc 16,121

(Sm Great Sioux.)

lands, ceded, survey of 89,55

Sloeum, John C, surveyor-general of Florida, annual report of 300-401

Small holdings. {See New Mexico.)

South Dakota land districts, changes in boundaries of 153

Southern Minnesota (extension) Railroad ( Minn.) , acUustment of grant of 20, 195

Spain and Mexico, land grants under 24-20

Spanish and Mexican private land claims 24-20,482,440-457

archives in Califomia, great value of 368

Florida, condition and value of 31,82,401

New Mexico 432

grants. (8e4 Private land claims.)

Special deposits, amount of ^ 13,427,481.468,450,473,474

by individuals for office work on mineral surveys 261, 474

In Colorado, by individuals for surveys, etc 302

Oregon, for work on mining claims , 468,450

Nevada for mineral surveys 427

New Mexico on account or miningdi^ms 431

Wyoming, no, for surveys 473

Squatters* claims on unsarveyed land, cutting of timber on 349

State and Territorial grants, acreage of, approved 5,6,233-236

division. (8e4 General Land Office.)

selections approved, acreage of 5,7,10,11,323

university selections 6,10,11,234,323

Sterling land district, Colorado, establishment and location of 154,155

Stockton land district, California, transfer of townships to, from Independence 152, 153

Siraughan, Joseph C. surveyor-general of Idaho, annual report of 408-413

Sugar-farming, swamp lands reclaimable for 41,400

Sullivan, Boetins H., surveyor-general of Dakota, annual report of 394

Supplemental and additional payments 319

Digitized by VjOOQIC

490 INDEX.

Sapreme Conn aorip, locations of laad« with S84

Surrey and ■abdiTision of Pablio Land Strip 49

annual inBtractions for, text of 34-37

Surveying contract Ko. 168, in Nerada, rejected survey nnder 55

division. (Ses General Land Office. )

instructions, annual, text of 84-37

Survey of east boundary of Seminole lands in Indian Territory 54

military reservations on Gnlf coast, west of the Mississippi river 45

north boundary of Nebraska 50

Sioux ceded lands in Nebraska 56.56

the Texas boandary 56-58

xeleoted, of Gamp McDermitt hay reservation in Nevada 56

FortHalleck military reservation in Nevada 65

the Iowa Indian BeservaUon 55

(See Public lands.)

Surveyors-general, annual reports of the 361-475

Surveyor>general of Arixona, annual report of the 853-355

California, acconnts of 362

annual report of the 356-360

Colorado and clerks, appropriations for 381

annual report of the 363

Dakota, annual report of the 884

Florida, annual report of the 389-401

Idaho, annual report of the 40S-413

Louisiana, annual report of the 415-417

Minnesota, annual rei>ort of the 420

Montana, annual report of the 422-424

Nevada, annual report of the 427.428

New Mexico, annual report of the 430-437

Oregon, annual report of the 468-460

Utah, annual report of the 463,464

Washington, anuTiai report of the 468

Wyoming, annual report of the 473

(See Public lands.)

Surveyor-general's scrip, adjustment of claims under 31

office, California^ draughtdng department of, work of 357

office work of 368

Spuiish archives department o^ condition of 359

Colorado, contingent expenses of, appropriations for 381

persons employed in, roster of 390

Florida, office property and records of, condition of 400

Spanish archivesin , 401

Louisiana, office work of 416

(ifoePablic lands.)

Survey?, acreage of, accepted after examination in the field 83

and resnrveys, appropriation for '. 33

annual instractions lor, text of S4-37

apportionment of appropriation for 38.34

confined to agricultural lands and lines of reservation 83,353

in AriEona,etc 37,355

California 38,360.361

Colorado 88,363-383

Dakota 38,3d4-S98

Florida 40,401

Idaho, mining and other 41, 403-405, as, 414

Louisiana 43,418,419

Minnesota 45,420,421

Montana 46,422-428

Nevada 47,427-428

New Mexico '. 48^430-457

OUahoma^ Public Land Strip, etc 49

Oregon 60,458-462

Ut«£ 61.463,468

Washington 52,468-472

Wyoming 62,473-476

inspectors of, appointment of, by snrveyors-general, works well 423

in the field, examination of 62-54

of heavily timbered lands, etc., rates for 33,58^423,460

public lands, review of work embraced in the 83-59

shallow lakes, ponds, formeuitreams, etc 48

rates for, insufficient TT. 33,681423,460

rejected, etc 55

swamp lands reclaimable for sugar>farming 41,400

underlnstructions of Commissioner, etc '. 54

(See Public lands.)

Swamp and overflowed lands in California 358

land grant of March 2, 1848, no landdlsnosed of under * 28

S'snts, adjustment of, Secretary's decision relative to 22, 237-241 demnity acts, cash accounts under 23

selections 6^23,324

total, allowed and adfusted 6^23,824

lands, acreage approved as 6,23,245

cDsimed and reported as 6,28,245

patented as 6,7.23,246

selected as 6,23,246

and swamp-land indemnity, a4Jnstment of claims for 22, 28

in Florida reclaimable for sugar-farming 41, 400

Digitized by VjOOQIC

INDEX. 491

Page.

Swamp Ittods, quantity of, approved to the aeTeial States 6,24b

patented to the MToral States «.846

selected by the sereial States 8,245

reolaimable for sagar-fiffming 41,400

selections, acreage of, etc 6^7,10,11,246,824

original 824

{Se€ Public Isnds.)

T.

Ttiylor, Douglas W., snrreyor-geueral of Oregon, annual report of .*... 468-460

Testimony In land oases, fees for redncing to writing : 326

Texas boundary, sarvey of the 66-58

Timber and stone applications 826

entries^ f^andalent .- 86

lands, salesof 818

laws, rulings under 145-147

case of M, N.Edwards in Colorado, an appeal in 847

culture entries, excesseson 819

fees, amount received from 269,260

laws, final entries under 822

original entries nnder * 822

rulings under 148-146

(See Pnbfic lands.)

depredations, rulings, etc, inreaardto 846-361

for speculatlTe purposes, proceeding to ei^oln parties from cutting 848

public, cutting of, on relinquished cash entries on nniyersity selections in ICinnesota. 846

on lend covered by an unperfected homestead entry 349

taken snd sawed on shares 846,847

taking of, from land covered by homestead entries 946,847

useo^ inOklahomiL by bonande settlers 848

to build a school-house 349

trespass, actions in cases of 848-845

agents engaged in investigation of : 342

(See Public lands.)

Topographical surveys in Arizona^ change in conduct of, urged 866

Town-lot entries approved 10,228

filings, number ofj and fees ftt>m 9,326

Town-lots, sales of; acreage of, and amount fh>m 10,320

(5m Public lands.)

Townsite flUngs, number of, and fees from 9,326

^ entries approved 10,228

received 228

Townsites in Oklahoma, regulations and instructions governing 16,228-229

sales of, acreage of, and amonntfh>m 819

(See Public lands.) Tnnittin,Gko.F., surveyor-general of Nevada, annual report of 427-428

R8B0E v.

TTIntah Indian lands, entries ot acreage of 327

TTmatilla Indian lands, entries of, acreage of 827

Beservstion, Oregon, boundary of, maps of 468*469

township plats of 468

Union Paoiflc Bailroad Company, deposits by, in Utah for office and field work of surveys 468

University selections 6,284,328

In Minnesota, timber cutting on canceled cash entries on..... 846

Unlawful inclosures of public lands, reports on, and action in oases of 888, 841,842

Utah, acreage surveyed in 468,466

Central Pacific Sailroad Coinimny, character of soil surveyed in, under repayments by. 463, 466

deposits by, for field and offioe work of surveys 468

mileage of surveys in, under repayments by 468, 466

surveys in, under repayments by, oondltion of. 468,464

mineral claims in. orders issued in, receipts from 468,464

Union Pacific Bailroad Company, deposits by, for field and office work of surveys 468

surveyor-general of, annual report of the 468,464

surveys in 468-468

(See Surveys.) Ute Indian lands, entriesof. acreage of 82

▼.

Valentine eorip, filings on lands with 9,826

locations of lands with 328

TicksportkShreveport and Pacific Railroad (Hiss.), a^ustment of grant to 20,198

YigUandSt. Train private land grant, in Colorado, statusof 80

Yoloker, Henry, heirs of. (See New Mexico.)

Wagon-road, military, Coos Bay, a4]ustment of grant to 20,201

purposes, military, acreage certifiea to States and ooiporatlona tat 22,217-219

" ' '" 209

21

468

Digitized by VjOOQIC

selections in Oregon, acreage ot 209

Wagon-roads and canals, no certificates or patents issued for 21

Wann Springs Indian Beservation, Oregon, north boundary, maps of •—.. 468

492 INDEX.

War of 1812 warrants, namber and acreage of 99

Waahixigtoii, land diatriotB in. two additfonal, eatabllaliment and looation of Ifi6

razreyor-generai of, annual report of the« 460

sanreysln 4O0-A11

(See Surveys.) Watertown. (i9«0 Aberdeen.)

White Mountain Indian BeseiraUon, western boundary of, eorrey of 854,356

Wilson, Charles B., surveyor-general of TionisJana, annnal report of 415-417

Winnebago Indian lands, entnes of; aoreage of SS7

Wyoming, abandoned nmitarv reservations, surveys of 475

land districts in, three new, establishment and looation of 157

mineral surveys in, deposits by individuals for olllee work on 474

niatted and transcribed 474

survey of land for allotment in severalty to Indians 474

surveyor-general of; annual report of the 473

surveys in 47S-475

aggregate of work on .^. 47S

dinoienoies of appropriation for .*. 473

no special deposits ror 473

(8te Surveys.)

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