Annual Report of the Commissioner of the General Land Office to the ...

United States General Land Office · 1873 · Historical

Annual Report of the Commissioner of the General Land Office by United States General Land Office (1873). Catalog record in the Mountain Man Mining Library.

This 1873 document, Annual Report of the Commissioner of the General Land Office to the ..., is preserved in the Mountain Man Mining Library for research and reference. Original source: archive.org.

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Report

Of

THE COM:m:I88ION"ER

The General Land-Office

The Secretary Of The Interior

Tor

The Year 1873.

Washington:

Govbbnment Pbinting Office.

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Report

Commissionek Of The General Lajsd-Office.

Department of the Intbeioe,

General Land- Office, October 20, 1873. ' Sir : I have the honor to submit the following as au abstract of my annual report for the fiscal year ending June 30, 1ST3, viz:

DJBpoaal of pablic Iftnde bj' ordinurf sales l,G!i6,S66.03

Military bounty-land warraDt, locations nets of 1847, 1B50, 1852,

aadl855 214,940.00

Homestead entries 3,793,612.52

Agricultural college scrip locations 653,416.41

Certified to railroads 6, OSt, 536, 57

Certified for wagon-roada.- 76,576. S2

Landa approveilto the Statea as awanip 238, 546. 65

Certified for agricultural collogea 10,223.29

Certified for common schools 76, 90S. 17

Certified foruniversiliea 51,2'2e.69

Certified for aemiaariea .'520.00

Internal improvement aelectioDS approved to States 190,775.76

Sioui lialf-bread scrip location 7, 515.47

Chippewa half-breed scrip location 6,707.49

Total 13.030,606.87

Disposals of preTiooB year 11, 864, 975. C4

Increased disposal 1,165,631.23

Caah.receiptsuDder various heads $3,406,515 50

Total area of the land States and Territories 1,834,998,400

Snrveyed within the fiscal year ending June 30, 1873 30, 488, 132

Previonaly surveyed 586,066,763

Total surveyed to June 30, 1873 616,554,895

Leaving jet to be surveyed 1,218,443,605

List of papers composing the annual report of the Commissioner of the General Land-Office.

1. Surveys of public lands, showing the progress made at the close of the last fiscal year, giving a statement of appropriations made tor tLe surveying service during the same time, and submitting estimates for said service during the present fiscal year.

2. Surveys of Indian reservations.

3. Statement of progress of surveys on State and territorial boundaries.

4 Kepoet Op The Commissioner Of

4. Of preemptiou laws, and rulings under the same, recommendiDg a repeal of the pre-emption laws.

7. Bonnd Valley Indian reservation in Montana.

8. Homestead law; operations under the same, and recommending amendments.

0, Gradnated lands; relief for suspended entries under recent confirmatory act of Congress.

10. Useless military reservHtions.

11. Ofl'eringsof public lauds.

13. Timber depredations; showing the action of this OfBce to prevent the same.

14. Kailroada; progress of trAUseontinental lines, and of roads in States and Territories to which subsidies in land have been granted.

15. Operations under the mining laws.

10. Coal lands; rules and regulations under the act March 3, 1873.

18. List of surveyors-general and land-offices.

19. Reports of the surveyors-general, from A to Q.

Tabular statements accompanying Commissioner's annual report.

No. 1. Tabnlaratatementsshowing the numberofacrcBofpublic lauds surveyed in the States and Territories at the close of the fiscal year ending June 30, 1873 : also the total area of the public lands remaining UDSurveycd at that date.

Ko. 2. Statement of public lands soM; of cash and bounty -land scrip received therefor ; number of acres entered under the homestead law of May 20, 1802 ; of commissions retired under the sixth section of said act; also, land located with scrip under the agricultural college and mechanic act of July 2, 1802, and commissions receiveil bj' registers and receivers on the value thereof; and statemeut of incidental expenses thereon in the first half of the fiscal year commencing Julj 1, 1872, aud ending June 30, 1873.

Ko. 3. Statement showing like particulars for the second half of the fiscal year ending June 30, 1873,

No. 4. Summary for the fiscal year ending June 30, 1873, showing the number of acres disposed of for cali ; for bounty-laud scrip ; by entry under the homestead laws of May 20, 1862, March 21, 1864, and Juno 21, 1806, with aggregate of $5 and $10 homestead payments ; homestead commissions ; also, locations with agricultural college and mechanic scrip under act of July 2, 1802. -

No. 5. Statement showing the quantity of swamp lands selected for the several Stales under acts of Congress approved March 2, 1849, September 28, 1850, and March 12, 1800, to September 30, 1873.

No. 0. Statement exhibiting the quantily of swamp land approved to the several StJitesundernctsnamed in table No. 5 to September 30, 1873,

No. 7. Statement exhibiting the quantity of swamp land patented to the several States under acts approved September 28. 1850, and March 12, 1860 ; alo, the quantity certifle4l to the State of Louisiana under aci approved Maich 2, 1849.

Ho. 8. Statement showing the State selections under the internal improvement grant of September 4, 1841, to the 30th June, 1873.

No. 0, Exhibit of bounty-land warrant business under acta of 1847,

The General Land Office. 5

1852, and 1855, showing: tlie issues and lociitions from the comineiicemeDt of operatiooa under said acts to June 30, 1873.

No, 10. Statement showing the selections made by certain States of lands within their own limits under the agi cultural college and mechanic act of July 2, 1862, and supplemental acts of April 14, 1804, and July 23, 1866 ; also, the locations made with scrip iinder said acts.

No. 11, Statement exhibiting land concessions by acts of Congress to States lor canal purposes from the year 1827 to June 30, 1873.

Bo. 12. Statement exhibiting land concessions by acts of Congress to States and corporations for railroad and military wagon-road purposes horn the year 1850 to June 30, 1873.

No. 13. Estimate of appropriations required for the office of the Commissioner of the General Laud-OfQce, for the fiscal year ending June 30,

No. 14. Estimates of appropriations required to meet expenses of collecting the revenue from sales of public lands iu the several States and Territories for the fiscal year ending June 30, 1875.

No. 15. Estimates of appropriations for the surveying department for the fiscal year ending June 30, 18T5.

No. 16. Estimates of appropriations required for surveying the public lands for the fiscal year ending June 30, 1875.

No. 17. Table showing the time when the various railroad rights attach to the lands granted so far as at present determined.

No. 18. Connected map of the United States from ocean to ocean, exhibiting the extent of sur\'eys, land districts, seats of surveyors-general and district land-ofiUees; also, localities of railroads of general interest.

During the fiscal year ending June 30, 1873, there were received 56,109 letters, and 48,965 were written aud recorded. Forty-five thoasand three hundred and seventy-eight patents were written and recorded.

It will be seen, by reference to he foregoing statements, that 30,488,132.83 acres of land were surveyed during the last fiscal year. The amount surveyed for the fiscal year ending June 30, 1870, was 18,165,278 acres. These figures show an increase of 12,322,844.83 acres in the annual survey since I assumed the control of the Ofiice.

The disposals of public land under various heads, for the last fiscal year, amounted to 13,030.606.87 acres. The disposal for the fiscal year ending June 30, 1870, was 8,095,413 acres, showing an increase of 4,035,193.87 acres.

Notwithstanding this increase in the survey and sale of lands, which involves a corresponding increase iu the work of this OfBce, I have thus far been able to transact the current business, and largely reduce the vast accumulation of unfinished work which I found on assuming control of the Office, and to which I have alluded in previous reports, and the work of the OfBce is now well advanced in most of its branches. The adjustment of ex parte homestead and preemption cases is now kept up to current dates. The number of contested cases awaiting adjustment has been much reduced, but, owing to the insufficiency of the clerical force, this class of work still remains somewhat in arrears*

When I took charge of the Office there was a large aecnmulatiou of California private land claims unadjusted. This accumulation has been removed and, at this time, only four cases are awaiting examination.

Notwithstanding the satisfactory' progress thus far made iu bringing up arrearages, the business of the OfQce is increasing so rapidly as to justify the conclusion that present arrearages cannot be brought up and the current business of the Office transacted promptly without a thorongi

6 Eepoht Of The Commissioner Op

reorganization and increase of the clerical force of tbis bareati. . I therefore respectfully, but earnestly, renew the revommendatioas made b; me OD this point in my last annual report.

I am, sir very respectfully, your obedient servant,

Willis Drummond,

Gommmioner, The Hon. Seceetaey of the Ikteeioe

Depabtmekt of the Interioe,

ttENEEAL Land Oftigb, WoJihington, D. C, October 20, 1873.

SiE : The sur\-eyB of public lands of the Uoited States, for the fls<;al year ending June 30, 18T3, were as follows: Minnesota, 2,399,136.81 acres ; Kansas, 3,464,29.04 acres ; Nebraska, 4,417,397.66 acres; CalitbrnlBf, 1,220,784.73 acres; Nevada, 1,254.731.59 acres ; Oregon, 1,319,140.68 acres; Washington Territory, 1,360,451.00 acres; Colorado Territory, 98,401.12 acres; Utah Territory, 45,593.83 acres; Arizona Territory, 302,900.15 acres ; New Mexico Territory, 391,341.22 acres; Dakota Territory, 2,295,399.29 acres; Idaho Territory, 646,586.47 acres; Montana Territory, 1,473,917.75 acres; Wyoming Territory, 1,193,395.88 acres; liOHisiana, 172,377.96 acres; Florida, 730,103.68 acres; Indian Territory, 4,990,243.97 acres; total, 30,488,132.83, which, added to the amount sur, veyed prior to that time, makes an aggregate of 616,554,895 ares, surveyed since the commencement of operations under the present system, leaving an estimated area of 1,218,443,506 acres unsurveyed.

The following table exhibits the progress of surveys and the disposal of public lands since the fiscal year ending June 30, 1863 :

Fiaoal year ending Jnne 'M—

Snrveying

Lana-

Coat of aor-

No.ofaores

No. of BCPM

disposed of.

S3

ei

f 152. TOO 00

186 3.-J0 88 m 410 as

i;3Ii; 731*7

Iv, 83 813

This shows an increase of the number of snrvejors-general from ten to seventeen, and of land-offices from fifty-three to ninety, and an increase in the annual sur'ey from 4,315,954 acres to 30,488,132 acres, and an increase in the number of acres disposed of from 3,238,865.00 to 13,030,606.87, the amount disposed of during the year ending June 30,

The following appropriations for surveys were made by Congress for the present fiscal year: Florida, $12,000; Louisiana, $18,000; Minnesota, $50,000 ; Dakota Territory. $80,000; Nebiuska, $60,000 ; Kansas, $60,000; Colorado Territory, $80,000; New Mexico Territory, $30,000 ; Arizona Territory, $20,000 ; Utah Territory, $25,000 ; Wvoming Territory, $50,000; Montana Territory, $60,000; Idaho Territory, $30,000; Nevada, $50,000; California, $90,000; Oregon, $70,000; and Washington Territory, $70,000.

.L.oolc

The Genekal Land Office. 7 &#x27;

The estimates for the ensniug fiscal year are as follows: Florida, $15,000; Louisiana, $22,000; Minnesota, $40,000; Dakota Territory, $80,000; Nebra3ka,$6O,000; Kan8a8,$89,700; ColoradoTeiTitory,$80,000; New Mexico Territory, $iO,000; Arizona Territory, $30,000; Utah Territory, $30,000; Wyoming Territory, $60,000; Montana Territory, $60,000; Idaho Terntory, $40,000; Ne%'ada, $60,000 ; California, $90,000; Oregon, $70,000 ; and Washington Territory, $70,000.

2.— 8Ueveys Of Indian Reservations.

Pursuant to treaty atipnlations and the sixth section of the act of Congress approved April 2, 1864, (Stats, at Large, vol. 13, p. 41,) which devolve the duty of surveying Indian reservations on the Commissioner of the General- Land Office, surveys were made during the last fiscal year as follows :

Date of treaty.

IWiyof

£illlt of

Contraetalstby-

Kemarks.

Jnjy 19,1860 June W, 1886 Mar. 31,1666

Creek, J and Seminole.

Comm'r General

LandJMBoe. Survejor - general

Surveyor, general,

Esmarking boundaries. Survey into forty-

Potta tomi

Fob. Sa,1835

Fond dn Lao

.Chlppewaeofthe ! Mississippi and nrtboReaLake. Chippowaa of the Red Lake, and PembbiidndiiiDs. , ThePillairer.Win-

Yankton Sioni... NeiPercfi

Fort Hall. La Points or Bad

Sao and For of

Missouri. Otocs and Misam.

Oct 3,18*3 Oct 31863

Mar. II,IB63 Mar. 30,1865

in', 1858 June 9,1863

do

do

do

Surveyor.iFeneral,

Dakota. SnrvCT-or.ganeraJ,

Do

Survey into fortyacre tracts. Survey into tnen.

SuTv"r™'uW

Survey into oightj-

Do.

Do.

Idaho

Sept 30,1854 Feb. 18,186T Mar. 15, IBM Sept. 34, 1S57

Wisconain

do™

Nebraska

Oregon

S,B13. H, 411. 08

do

Montana

ActMarcb3,18rj.

3.-8Tate And Teebitoeial Boundaries.

1. The eastern boundary of California. — Partial returns have been made by Allexey W. Von Schmidt, contractor, shower g the completion of that part of the line between the north shore of Lake Tahoe and' the forty-second parallel of north latitude. He also reports the completion of that part of the line between Lake Tahoe and the Colorado Biver of the West,nd that he is now engaged inthe preparation of maps, &o.

2, The northern boundary of Nevada, — The field-work of this survey has been completed by Daniel G. Major, contra(!tor, but the returns have not yet been received.

8 Report Of The Commissioner Of

3. 'Ike southern boundary of Wyoming. — The survey of this line is beiag prosecuted iu tbe field, but no retui'us have beea received.

4. The western boundary of Wyoming. — Under the appropriation of f 13,800, made by act of Congress approve*! March 3, 1873, the cotitract for the survey of this land has been let to Alonzo V. Richards.

5. The western boundary of Kansas. — The survey of this line has been completed, and the retnrus made and approved.

6. The northern boundary of SAraska. — The contract for the survey of this line has been let, bat owing to a fear on the part of the Indian Office that the prosecution of the work would excite the Indians and lead to difficulties, operations in the field have been delayed.

7. The Washington and Idaho boundary line. — The contract for the survey of this line was let on the 2d day of June, 1873, but uo report of progress made by tbe contractors has been received.

8. The northern part of the eastern boundary of liew Mexico and the eastern part of the southern boundary of Colorado. — Under the appropriation made by act of Congress approved March 3, 1873, the contract for tbe survey of these lines has been let to John J. Mfyor, but returns have not been received.

The general pre-emption laws of September 4, 1841, March 3, 1843, March 3, 1853, and March 27, 1854, remain iu force. The tbllowing act, entitled "An act for the relief of settlers on the late Sious Indian reservation ill tbe State of Minnesota," was approved February 24, 1873 :

BeifcRocledbg the Senate and Hoate of Bepreiealaiives of the United States of Amerieain greea assembled, That all actual settlers nhnhave daly filed their declaimtoryiitateiuenta UDder the prc-emptioD laws, with the rej;ister of thti proper local luDd-offlce, upon the iiDBold lands now iacliided within tbe limits of the late Sionx Indian reservation iu tlio State of Minnesota, shall be ailowod until the first day,of March, anno Domiui eighteen huudredand seventy-fonr, in whicli to make proof and payment for their claims.

March 3, 1873, "An act authorizing joint entry by preemptioD settlers, and for otlier purposes," was approved, and March 31 the following circular to the district land-office containing the law and instructions for its execution was issued by this Office:

Department of thb Imjuob,

General Land-Office, WaghiiigUm, D. C, March :tl, 1873. To Begieters and Recovers .-

Gentlemen: Your attention is hereby called to tbe following act of Congress, approved March :t, 173, aad entitled "An act authorizing Joint entry by pi-e-eruption settlers, and for other purposes."

"Be it hg the Senate and House of Bepreeentatirea of the United States of America in Congress assembled, That when settlements have been made uptm agricultural public lands of tbe United States prior to tbe survey thereof, and it bas been or shiiU be ascertained, after the public surveys have been extended over lands, that two or more settlers have improvements upon the same legal subdt vision, it shall be lawful for sucb settlers to make joint entry of their lands at tbe local land-office, or for either of said Battlers to enter into contract'witb bis co-settlers to convey to them their portion of said lands after a patent is issued lo bin), and after making stud contract, to file a declaratory statementin bis own name, and prove up and pay Jbrsaid land, and proof of joint occupation by himself and others, and of sucb contract with them made shall bo equivalent to proof of sole occupation and pre-emption by the applicant ; Prorided, That in no case snail tbe amount patented under this act exceed one hundred and sixty acres, nor shall this act apply to lands not subject to homestead or pre-emption entry.

" Sec. 2. That effect shall be given to this act by regulations to be prescribed by the Commisslouer of the General Land-Office.

"Approved March 3, 1873."

D„i„.db,

Tue General Land Office. 9

ConcerDing yonc duties iu the administratioii of the aforesaid act I have to advise yoii aa follows, to nit :

Wlteii the survey iQ the Aeld finds two or more settlers with improvements on the same 1e|;al snbdi vision, a joint entry thereof will he allowed as heretofore.

If they so elect, however, they may contract hy and between themselves only that one of tuem may file for and enter the whole of such tract, and, after a patent is issued therefor to bim, convey to the others their portioQ of said land.

Undur the last-named proviaiou it is necessary that the said contract he maderst, and that the filing and entry shall both he made in pursuance thereof.

This contract must be made in writing, signed by all partioe thereto, attested hy two disinterested witnesses, aud ackijowlged before some officer authorized to take ackuowledgments of deeds within and for the State where the laud is situated. The character and authority of the officer most he verified by the seal of a court of record. You will make no reference to the contract until the party seeks to make actual entry, when you will require the original paper, or, if the same has been placed upon the records of the couuty, a duly cerlifiea copy thereof under seal will be sufficient.

Yon will require such proof of occupation by settlement, residence, and improvement, by each aud every party to said contract, as woulil be sufficient under the farmer practice to justify a Joint entry. Their good faith aud compliance with taw must be fully proven.

The proviso to section one is held to mean that not more than one hnndretl aud sixty acres or a technical qaaiter-section,aealloned under the pre-emption laws, shall be iuoluded in any one entry. Au inconsiderable excess, when the tract is bounded by regular quarter-section lines, will be permitted.

The act does not specify what improvements a settler must have on a legal subdivision, partly oocnpied by another, to entitle him to a joint entry. It is held, however, that each must have improvements of value, and not merely of a nominal character or extent, to warrant a proceeding under this act.

The pre-emption affidavit aa written ou page 17 in circular of August 30, 1BT2, will be amended, iu cases where entry is made under this act, by inserting after the word " whomsoever," in the ninth (9th) line, the words "save under the act of March 3, 1S73, and as specified in the contract herewith submitted in pursuance thereof."

You will in each case forward, with the entry papers, tJiis OfBo said original contract, or the certified copy from record as aforesaid.

You will perceive that the act refers only to pre-emptors on iricultural lands ; aud the word "homestead" in the last line of the proviso to the first section is used only in a descriptive sense. You wilt also observe that where either or any of the parties settle survey no joint entry or proceeding under this act cau be had. Beapectfully,

Willis Drummond,

Commiesioner.

Prior to said act, wlien two or more settlers were found, on survey iu the field, witli valuable improvements on tbe same smallest legal subdivision of forty acres, they were allowed, under ruUngs of the Depart- 'tnent, to make joint entry of such tracts when such a course constituted the only equitable method of adjustment Under this act settlers may unquestionably proceed with more certainty and avoid litigation, afteiissue of patent, io tbe matter of a division of the land so jointly entered.

An act entitled "An act to authorize pre-emptors or settlers upon homesteads on tbe public land to alienate portions of their pre-emptions or homesteads for certain public purposes," was approved March 3, 1873, and is as follows, to wit :

Be it enacted, c, That any person who has already settled or hereafter may settle OD the public lands of the United States, either by pre-emption or by virtue of the homestead law or any amendments thereto, shall have the right to transfer by warranty, against his or her own acts, any portion of his or her said pre-emption or homesteiMl for church, cemetery', or school purposes, or for the right of way of railroads across such pre-emption or homestead, and the transfer for such public purposes shall in no way vitiate the right to complete and perfect the title to their pre-emptions or home-

The periods within which settlers under the pre-emption laws must file their declaratory statements and make final proof and payment for their claims remain tbe same as at date of my last report.

The district land-officers are instrnoted to permit no pre-emption entry

10 Eepokt Of The Commissioneh Op

to be consnmniated until tliree months from aad after tlie date of filing the township plat of survey iu the district office shall have expired. Said period of three months is given pre-emptors who settle prior to the filing of the township plat, by statute, iu which to file their declamtory

The seventh section of the act of July L'3, 1866, "An act to quiet landtitles in California," has received new aud more liberal construction by the- Department proper. Said section provides —

That where persona in good faith and for a valuable coDsideration Lave purchased lands MexicBD grantees or assigns, which ftraQta have snbsequeDtlj been rejected, or where the lands so purchased have been excluded from the final survey of any Mexican grant, and have used, improved, and continued iu the actual posHession of the same as according to the lines of their original purchase, and where no valid adverse right or title (except of the United States) exists, such pnrchasoTs may pnrchaae the same, after having lands surveyed under existing laws, at the minimum price established b; law, &c.

In case of Sanford B, Wilson's application to purchase eertaiii lands under said section, the Hon. Secretary of the Interior decided in substance — following the doctrine laid down by the Supreme (Jourt of the United States in case of Myers vs. Croft, (13 Wallace, 291)— that the right of purchase secured thereby is alienable and descends to the heirs the death of the purchaser. Prior said decision the contrary doctrine prevailed.

la case of L. H. Bascom m. Moses Davis, in which Davis is a claimant under said seventh section, the Hon. Secretary of the Interior decides, in substance, that when parties bring themselves in other respects within the law, but fail to show use, improvement, and possession of all the iTtnd as according Xa the lines of their original purchase, they may purchase from the Government such portion of their original purchase as they have had in actual possession. These decisions constitute the precedents on which similar cases will hereafter be adjudicated.

Fnrsnant to my former recommendations, a bill for the repeal of the pre-emption laws received favorable action from both Houses of Congress at the last session, but at so tate a date in the House of Representatives that the Senate was unable to act upon some slight amendments by the House, and it therefore failed to become a law.

The many frauds which occur under the pre-emption laws, almost universally in the interest of speculators; the fact that most liberal terms are provided under the homestead laws for such as desire to obtain title to the public lands in good faith for purposes of actual settlement and cultivation ; that actual inhabitancy and improvement are worth more to the country thau the excess of revenue derived from thesale to preemptors; that the policy of the Government is that these lands should be occupied, improved, and made to augment the productions of the country, and that under the pre-emption laws this object is substantially defeated, impel me, in view of the magnitude of the interests involved, to again urge the repeal of the several pre-emption acts, so that those who wish to obtain title to the public lands as actual settlers may be required to do so under the homestead laws.

The following act, entitled "An act for the relief of settlers on the late Sioux Indian reservation in the State of Minnesota," was approved February 24, 1873 :

Be it enabled, That all actnal settlers who have duly filed their declaratiry statements under the pre-emption laws with the register of the proper local land-office

The General Land Office.

upon the QDsoId lands now iaoladed within the limits of the late Sioux Im tion in the State of Minueaota, shall be allowed niitil the first day of March, anno Uomini eighteen baudred and seventy-four, in which to iqake proof and payment Jbr their claims.

The act approved May 11, 1872, to carry out certain provisions of the Cherokee treaty of 1866, and for the relief of settlers on the Cherokee lands in the State of Kanaas, recognized settlementB existiug at the date of said act, and such as should be made within one year thereafter. One year from the date of the approval by the Secretary of the Interior of the acceptance of the provisions of the act by the Cherokee national council, or a duly authorized delegation therefrom, was given for payment to settlers at the date of the aet, and one year from date of settlement when the same wa made subsequent to the approval of the act. By instructions from this OfBce three months from notice or settlement were allowed each claimant to file bis declaratory statement. The period in which settlement was thus authorized expired May 11, 1873, aud the time allowed for tiling declaratory statements on the latest settlements ended August 11, 1873. Under said act there bad been entered at the Independence and Wichita land-otBces prior to September 1, 1873, 83,732.27 acres. There had been 1,416 declaratory statements tiled at said offices August 11, 1873. The area of laud embraced in said tilings is not known. If each filing represents 160 acres, the total area filed for would be 2:i6,560 acres. Inasmuch, however, as very many claims embraced less than 160 acres, the area actually covered by declaratory stateraeots will doubtless be much less than said amount. The area which will be entered under the aforesaid provisions cannot be known prior to the receipt of the district laudofficers' returns for May, 1874. But one town-site entry, that of Coffeyville, has been made on said lands.

7.— Round Valley Indian Reservation, In Montana.

No entries have been made under the act of June 5, 1872, entitled "An act to provide for the removal of the Flathead and other Indians from the Bitter Boot Valley, in the Territory of Montana,"

By the terms of the act, Indians who at its passage were actually residing npon and cultivating any portion of said lauds were allowed to remain in said valley and pre-empt without cost the land so occupied to the extent of 160 acres. The superintendent of Indian affairs in Montana not having furuisbed a list of said Indians so entitled, aud wliose claims must ascertained before a disposition of lands to other claimants, the execution of the act is necessarily suspended.

The land has been surveyed, instructions furnished to the district land-officers, and nothing which this Ofiice can do in the premises is wanting to carry the law into effect.

The demand for lauds by actual settlers under the homestead law continues very large.

During the fiscal year ending June 30, 1873,31,246 preliminary entries were made, covering an area of 3,732,347.26 acres. The number of final entries was 9,894, being an increase in final entries of 4,115 over the preceding fiscal year.

This law, with some slight amendments, would meet all the require-

12 Bepoht Op The Commissioner Of

meats and necessities of actual Bettlers, and I again respectfully renew oiy recommeiidation for a complete consolidation of all statutes respecting settlement rights into a general homestead taw. A bill for that purpose met with favorable action from both Houses of the last Congress, but owing to a slight amendment, as to the time when it should take efti&ct, by the House, on the last day of the session, in which the Senate bad not time to concur, it failed to become a law.

9.— GRADUATED LANDS. Since my last annual report Congress has passed the following acl, couhrming entries made under the act of Aagnst 4, ISM, graduating the price of public lands :

AN ACT to couam certain entrlei of luidtberein named.

Be it enacted bn the Senate and House of Sepreeatatit:ea of ike United Slates ofAmeriea ill Conareag aaeembted, Tbat all eutriea of public lamps under the act to graduate and rediicu the price ef tlie public lands subject to entry to actual eetttere aud cultivators, approved tlie fourth day of Aufjusr, eighteen hundred and fifty-four, made prior to the passage of this act, iu which the purchaser has made the affidavit aud paid or toudered the purchase-moDey as required by said act, and the instructions issned and in force and in the hands of the register at the time of inakiug said entry, are hereby legalized, and patents shall issue to the parties, respectively, provided tbat lu case of tender tbo money shall be paid, excepting those outries under said act which the Comniissiouer of the General Land-Offlee may ascertain to have beeu fraudulently or evasively made; Provided, Tbat this act shall not be so construed as to confirm any of said entries which liavo heretofore been annnlted and vacated by said Commissioner on account of fraud, evasion of law, or other special cause : And provided further. That nothing; herein contained shall be BO construed as to deprive any actual settler aud cultivator of his rigLt to any land on which be resided at the time of an entry by another person under the act to which this is an amendment.

Approved February 17, 1873.

Under this confirmatory act a large number of entries previously suspended, because of the failure of parties to make the required proof of settlement and cultivation, have been relieved from suspension, aud patents are being delivered upon application in proper form.

10.— Useless Military Reservations.

The act of Congress of February 24, 1871, provided for the disposition of the lands embraced in certuiu military reservations abandoned by the War Department, viz: Fort Lane, Oreg., estimated area 640 acres; Fort Walla- Walla, Wash., 1,920 acres Fort Jesup, La., 6,400 acres; Fort Sabine, La., 18,200 acres; Fort Smith, Ark,, 306 acres; Fort Wayne,. Ark., 11,680 acres; FortZarah, Kans., 3,068 acres; Fort Abercrombie, Minn., 6,993 ares; Camp McGarry, Nev., 75 square miles; Fort Sumner, N. Mex., 21J square ratlea ; and so much of Fort Bridger, Wyo., as might be no longer required for military purposes.

At the date of my last annual report, proceedings under said act were suspended lor wanL of an appropriation to meet the necessary expenses.

The necessary appropriation having been made by act of Congress approved March 3, 1873, proper measures have been taken to bring the lands embraced in said reservations into market, with the exception of Fort Walla- Walla, Wash., which has again passed under the jurisdiction of the War Department, it having been tbund necessary to resume the use of it as a military post.

11.— Offerings Of Public Lands.

During the last fiscal year public offerings of valuable timber lands iu the Stat of Minnesota were made, pursuant to proclamation of the

The Geneeal Land Office. 13

PresidflDt, at Saint Cloud, embracing the public lauds iu 113 townships, at Taylor's Falls, embracing the public lands in 1ft towushipa ; at Litchfield, embracing the public lands iu 105 townships; and at , embracing tbe public lauds in 49 townships.

The selections certified for common schools during the fiscal year ending Juue 30, 1873, amounted to 70,909.17 acres, and for seminaries 320 acres, Tbe selections certified for agricultural colleges amounted to 15,976.21. Tbe locations of agricultural college scrip by assignees of the States to which the same was issued, reported during the year cover an area of 653,446,41. Since my last annual report agriculturalcollege scrip representing 240,000 acres has been issued to tbe States of Arkansas and Florida. This exhausts tlie amount which Congress authorized.

In administering tbe laws for disposing of the public lands, the depredationseouiniittedou the timber growingthereon has received attention. It is held that the United States, as owner of tbe lands, has all the legal means of protecting the timber which individuals enjoy in like cases. The act of Congress of March 2, 1831, as construed by tbe Supreme Court, makes the depredating on sitch timber a criminal offense, punishable with fine and imprisonment. The extent of the evil at an early period induced special eftbrts by the executive authority for its correction. Id 1855 the matter was placed in charge of this Office for its supervision. The duty was imposed on the registers and receivers of the district land-ofiices to act as agents, without additional compensation, in their respective land-districts. When reliable information reaches them that spoliation of public timber is committed, their instructions require them to investigate tbe matter, to seize all timber found to have been cut without authority on the public land, to sell the same to the highest bidder at public auction, and deposit tbe proceeds in the Treasury. They are to bring the offense committed to tbe attention of tbe proper officers that the perpetrator may be arrested atid held to answer as usnal in criminal cases. In these, proceedings, however, the purpose in view being merely to protect the rights of tbe Government, and not to indulge in vindictive prosecutions, due regard is bad to tbe circumstances of each case; and, when these justify BO doing, tbe ofQcers are authorized to compromise with tbe parties, on their paying any costs incurred and a reasonable stumpage for tbe timber, which is then released, and prosecution waived. By this course, although depredations continue, yet they are checked to some extent, and that without cost, it being made a rule that the expenses incurred shall not be permitted to exceed tbe money reaUzeil for the Treasury from the sales of timber seized, and stumpage paid in compromised cases.

In the adjustment of land-grants for railroad purposes considerable progress has been made. In July, 1872, a division was organized to which all questions growing out of the adjustment of railroad grants are referred for examination. Prior to that time these questions had

14 Report Of The Commi8Sionee Op

been adjasted in connection with otlier branches of bnsiness. This resulted in complications and delays which are obviated by the new arrangement.

The examination of settlers' claims in conflict with those of railroad companies forms a large part of the business of the new division.

Under the raliug of the Department made in 1871, known as the Boyd decision, this class of claims is largely increased.

By the former practice of treating all reversions of alternate sections within railroad limits as inuring to railroads, the only question relating to settlement likely to arise was determined by the date of its inception. If the settlement was made prior to withdrawal, and the requirements of the pre-emption law bad been complied with, the claimant was permitted to acquire title. Upon his abandonment, at any period, of his right, the land passed to the use of the grant.

But since that decision the adjustment is no longer narrowed to the question of the right of the first settler, or homestead claimant, to consummate title. The time when the right of the railroad attached must be ascertained, and the right of the parties is to be determined by the exact status of the land at that time. If the party originating the claim still holds the right to consummate title, he is permitted to make an entry. If, however, he abandoned his claim prior to the time the railroad right attached, the lands are awarded to the railroad when it fully complies with the conditions of the grant. If the abandonment was subsequent to such time the land reverts to the United States and is again subject to appropriation under the pre-emption and homestead laws.

Hearings for the investigation of these conflicting claims have accordingly been ordered, and trials are in constant progress before district officers for-their settlement. Upward of eleven hundred cases of conflict have been entered upon the dockets of this Office, of which about one-balf have been decided during the year, and about one hundred have been examined and remanded for further hearing, the testimony not being sufficiently explicit to justify an award.

The Suprejne Court of the United States, at the late December term, decided, in the case of the Kansas Pacific Kailway Company vs. John H. Prescott, that the requirement of -the act of July 2, 1864, providing for the payment of the costs of survey, extends to the lands granted by act of July 1,1862, within ten miles of the Pacific Kailroadand branches. Modified instructions to meet this construction of the law have been issued.

During the fiscal year ending June 30, 1873, 6,083,536 acres of laud have been certified tbr railroad purposes, an increase over the amount certified the previous year of 2,525,649 acres.

The records of the Ofiice show an aggregate construction of two thousand two hundred and seventy-eight miles of road, distributed as follows: iu Michigan, one hundred and eighty-six miles; Wisconsin, eightynine miles; Iowa, fifty miles; Minnesota, seven hundred and twelve miles; Missouri, ninety-seven miles; Kansas, four hundred and sixtyfour miles: Arkansas, two hundred and forty miles; California, tbrty miles; Colorado, two hundred and forty-five miles; Indian Territory, one hundred and fifty-five miles; total as above, two thousand two hundred and seventyeight miles.

Portions of the roads included in the foregoing report of construction were actually completed prior to the commencement of the last fiscal year. This report will be understood as referring more particularly to

1 oflJcial record of construction, and to the acceptance by the proper

The General Land Office. 15

authorities, the evidence of which has been received at this Office since my last aunual report, and consequently wan not included therein. During the previous year the reports show a constructed length of one thousand seven hundred and forty-three miles of road, a difference in favor of the latter year of five hundred and thirty-five miles,

The policy of extending aid to railroad enterprise by national legislation having been restricted by the caution of Congress during the last few years, the aggregate of definite location of new roads is not as great as in former years. The reports show the definite location of three hundred and twenty-three miles during the fiscal year, of which two hundred mites are of the Iforthem Pacific Railroad, in the Territory of Dakota.

In their appropriate place in this report will be found carefully prepared tables, showing the condition of the adjustment for the various land-grant roads up to the close of the fiscal year,

15._Opebation8 Undee The Minino Laws.

Since the date of my last report the fifth section of the mining act.

of May 10, 1872, has been amended, and the following circular issued:

" The following is an act of Congress approved March 1, 1873, (17

'' 'AN ACT to amend an act entlUed "An ool to promote the development of the mlniDE iwnircpdof the United States."

" 'Be it enacted by ike SettaU and Eomc of Sepreeenlat'irea of the United Slatei of America in Congres) tu$emblem. That the provisions of the fifth aectioD uf the act entitled "An act promote the developmeut of the miniDg tesonrcna of the United States," passed Mav tenth, eighteen hundred and seventy-two, ivhieh requires of labor and improvements on claims located piiov to the passage of said act, are hereby so amended that the time for the first annual expenditure on claims located prior to the passage of said act shall be extended to the tenth da; of June, eighteen hundred and seventy-four.'

" By this legislation the requirements of the fifth section of the act of May 10, 1872, are changed by extending the time for the first annual expenditure upon claims located prior to May 10, 1872, to June 10, 1874.

"The requirements in regard to expenditures upon claims located since Ma.v 10, 1872, are in no way changed."

The following act of Congress was approved Februarv 18, 1873, (17 Stat., 465:)

AK ACT In retnllOD to mlnetal land.

Be it enacted bi/ the Senate and Bouse of Eepreeenlativeg of the United Slates of America in Congress assembled, That within the States hereinafter named deposits or mines of iron and coal be, and they are hereby, excluded from the operations pf an act entitled "An act to promote the development of the mining resources of tlie United States," approved May tenth, eighteen hundred gind seventy-two, and said act shall not apply to the mineral lands situate and being within the States of Michigan, Wisconsin, and Minnesota, and that said lands are hereby declared free and open to exploration and purchase according to the legal subdivisions thereof, as before the passage of said act ; and that any bona-fide entries of such lands, within said States, since the passage thereof, may be patented without reference to the provisions of said

Previous to the dateof said mining act of 1872, lands contaioiug of iron ore were disposed of for cash at private entry the same as agricultural lands. The language of the mining act, however, is so comprehensive as to justify the belief that it was the intention of Congress to include iron ore among the mineral deiwsits to be disposed of under its provisions. Congress by subsequent legislation appears to have placed this cofistrnctiou upon the act.

16 Eepoet Op The Commissioner Of

By tbe act approved Febtaary 18, 1873, it is provided that " deposits or mines of iron ia Michigan, Wisconsin, and Minnesota shall be excluded from the of the at of May 10, 1872." This ia in effect saying that prior to that time deposits or mincB of iron had been subject to the opera,tion of said act in these States, and that they remain subject to its operations in the States not specifically named. Lands, therefore, more valuable on account of veins or deposits of iron than for agriculture can be entered only under the mining acts of Congress.

The question having been referred to Hon, G-, H. vViiliams, Attorney- General, as to whether or not title to public lands containing diamonds can be acquired under tbe mining act of May 10, 1872, the following official opinion was received :

Department op Justice,

IVwfhivgtoK, August 31, 1872.

Sir: I have Ibe honor toackaowled the receipt of joiiTcomiriiiiiicBtion of the SOth iustaut, siibmittiug for my ofQcial opmion tbe queBtion whether or not title to public lands prodiiciug diaoiondtt can lie acquired lijiudividiials or asHociatious under the act at Congien entitled "An act lo promote tbe developnieut of the niiQing reBonrcea of the Uuited States," approved May 10, 1872. Section 1 of said act provide "That all valuable mineral deposits in lands belonng to the United States, both surveyed and unsurveyed, are hereby declared to be tree and open to exploratiuu and purchnae, and the lands in which tliev are found to occupation and purchase, by citizens of the United States and those \rho have declared their intenticm to become auch, UDdur regulations prescribed by law, and according to tbe local custoiiis or rules of miners in tbe several mining districts, so far as tbe sauiu are applicable and not inconsistent nith the laws of tbe Uuited States." Section 6 of said act alsoprovidesthe mode ia which a patent may be obtuiiied for laud claimed and located for "valnable deposits."

Bainbridge, in bis work on the taw of mines aud minerals, paj;e I, say : " A mineral has been deliued tj> be a fossil, or what is dug out of the earth. The term may, however, in the most enlarged sense, be described as comprising all the substances which now form or which once formed of the solid body of the earth, holh external and internal, and which are now destitute of and incapable of supporting anim al or vegetable life. In this view it wilt embrace as well the bare granite of the mountain as the deepest hidden diamonds and metallic ores."

Welister gives tbe following as the definition of a diamond : " A mineral and a gem remarkable for ita hardness, as it scratches all other miuerals."

Diamonds are found under a variety of circumstances, and are generally obtained by mining. Tbey are procured in India and South Africa by digging pits in the earth down to a peculiar stratum called the diamond-bed. In Brazil they are washed out ofnn ugfflomerate compoaed of rounded white quart z pebbles and a sand. Diamonds, then, ore clearly " valuable mineral deposits," and the provisions of said act are as applicable to lands containiugthem as to lands containing gold or other precious metals. Comprehensive words, no doubt, were used to iuclode as well what might afterward be discovered as what might be overlooked in an eDDtaerattou of minerals ill the statute.

Public lands for the purposes of sale are divided into agricultural and mineral lands. The minimum price of tbe former is 1.25, and of the latter pel' acre. Mineral lands, exclusive of their valuable deposits, are generally worth little or nothing.

Prior to the act of July 26, 1866, {14 Statutes, 257,) it was customary for persons to take those deposits without respect tc the rights of the United States. Congress then provided a way in which persons locating lauds for mining purposes might acquire title, and other acts have since been .passed promotive of the same end.

1 think these acts ought to be moat liberally construed, so as to facilitate the sale of such lands, for in that way, and not otherwise, can they be made to contribute something to the revenues of the Government, and controversy and litigation in mining localities, to a great extent, prevented.

Very respectfully, your obedient servant,

George H. Williams,

JtlOTTity- General

Hon. C. Deiano,

Seenianj of the Interior

p.,i„.db,

The Genebal Land Office.

FollowiDg the principles enunciated in this opinion, registers and receivers and surveyors-general were instructed aa follows : '

Depaktmest of the Interior, Oenerai, Lamd-Oppicb.

Watluugion; D. C, Jaly 15, 1873,

Gextlbuen: I have had iiDder coosi deration a number of letters, moat; from Califomia, whereiD iuquiriB arc made as to the proper course to pursue to obtain title to public lands coDtaiDiDs valuable deposits of borax, carbonate and nitrate of aoda, sulphur, alaiu, and asphalt. Amoug thoni is oae from the Kevada Consolidated Borax: Company, from which it appears that this company intends to commence tlie utilization of the aJltaline plaiutt of Nevada.

The first section of the act of ConKrees approved May 10, 1872, reads as follows; " That all raluable minet-al deposits in lauds beloDKing to the United States. surveyed and ansurreyed, are hereby declared to lie free and open to exploration and parcase, and the lauds in nhich they are found to occupation and purchase," &c.

The second section declares " that mining-claims upon veins or lodes of quartz, or other rock in place, bearing gold, silver, cinnabar, lead, tiu, copper, or other valaabU iepoiils, heretofore located," &e.

The sixth section refers to " a patent any land claimed and located for raltuiite depoHUi"

It will be observed that in the first section of the act the expression " valuable Kineral deposits " is employed, while in the second and siicth sections the language is. " valuable deposit." Allowing, however, that it was the intention of the liiw-maliers by thisact todisposeof" valuiiblejninerai deposits," thequestion becomes this; "What is a valuable mineral depotiit I" '

The meaning of the word " valuable" need not bediscnssed. Anylhinga person is willing to give money for, or that is useful or precious, or that has merchautable qualities, is valuable.

The word "deposit" has always been construed by this Office to be a gevieral term, embracing veins, lodes, ledges, placers, and all other forms in which valuii'uio metals have ever beeU discovered.

In the sense in which the term mineral was used by Congress, it seems difficult to find a defluition that will embrace what mineralogists agree should be included. The several authorities consulted in this counectiou seem to liud ft aa easier toslt to determine what is not, than what is. mineral. However, in all the works on mineralogy that have come under my notice, borax, nitrate and carbonate of soda, sulphur, alum, and asphalt ai'e classified and discnssud as minerals,

Alger's edition of Phillips's Mineralogy speaks of " the crutrt of the globe as consisting chiefly of earths and earthy minerals. Between eartlis and minerals there is a clear lineof demavkalion, and, though difficult to express iu a few words, chemical composition and crystallization are the principal means of tracing the distinction.

Webster seems to be the most accurate in his definition ot a mineral, for he recognizes chemical composition us the important consideration. He defines a mineral to be "any inorganic species, having a definite chemical composition."

From a careful examination of this matter, the conclusion I reach as to what constitutes " a valuable mineral deposit" is this:

That whatever is recognized as a mineral by the standard authorities on the subject where the same is found in quantity and quality to render land sought to be patented more valuableou this account than fur purposesof agriculture, should be treated by this OfQce aa coming within ; he purview of the mining act of May 10, 1972,

The tauguage of the stitute is so comprehensive, and capable of such liberal constraotion, that I cannot avoid the conclusion that Congress intended it as a general mining law, "to promolethedevelopmeut of theminingresonrcesof theUnitedStates," and to afford a method whereby parties holding the poEjseesory right under local laws and regulations could secure title to tracts containing valuable accretions or deposits of mineral substances, except where a special law might intervene, reserving tiom sale, or regulating the disposal, of particularly specified mineral-bearing lands.

To the several inquiriesin the letters referred to, I therefore reply that lands valuable on account of borax, carbonate of soda, nitrate of soda, sulphur, alum, and asphalt, as well as " all valuable mineral deposits," may be applied for and patented nuder the provisions of the mining act of May 10, 1873,

In case an application should be presented to you for a survey of land valuable for other minerals thin those specified herein and in the act itself, you will first refer the questiou to this Office, in order that applicants may be saved the expense of applying for lauds that may lie reserved by a special act of Cougretta.

It will observed that the m moral-producing lands are divided into two classes ; the one class embraces lands where the minerafmatter is within "rock in place," or, geologically speaking, "in eitu;" and the second includes placers and all tonne of deposits excepting those iu " rock in place." 2 (JL o

- C.ooglc

18 Report Of The Commissioner Of

In this conoeciion, I duera it a matter of importaDce to give tbe c Oltice tbe eKpreseiou veiu or loile of quartz or other lYick iu pluc" to prvvcDt luistaKea in locatiiig tbe two ctaaaee of luiueu referred to, tbeieb; saving to i-lainiautH conxiilerable expense and dela;.

)u gvolofcy and amoD(;miDors, veins or lodes imply generally an aggregation of mineral luatlei' fund in tbe fissures of tbe rocks which inclose it, but are of great variety, >'i'inH dilturing Tiiry much in their formation and apjiearance. Lode ir '

' Iu several of the mininic-diatrictatbe tenoalead and ledge are employed iu tbe loc.tl

it'i'iilutioiia coucerniDg luiaes. Lead is used convey tbe same idea as lode, while Iidj would seeui to iudieate a layer or stratum of mineral interposed between a course or ridge of rocks.

Veins may Ije either sedimentary, plutonic, or segregated, or of infiltration or attrition, depending,upon the peculiar formation or the mode of occurrence of the mineral deposit. There is also another of deposit, ditl'eient from either of those mentioned . b' re, called utatact-depict

iiropoan miners mention still others, called in England "floors," in Germany "Stock'

' 'le,'' and a form of deposit known as " Fablband." These latter are, more properly

ju'iil belts, irregular in their dimensions, but presenting a certain

"l ri™ of parallelism with each other. Similar in some respects to the Fahlbands are

™. 'liiferonszouea.or " amy gdaloidal bands," wbicbaresdtoezistonMountLiu-

I Mount BrOBs, Colorado.

'Hon'v 'f question were raised, neither of the forms of deposit known as con- t flT™ Fahlljandu, or segregated veins conld be accepted as true metalliferous -"na wC Id it frequently be made to appear, without expensive excavation, whether tl in't "line for which a patent U sought occurs in the form of a true vein or

, . reason for supposing that the terms were employed in their strict

iifft there Is no ,jj,,_ object of the law is to dispose of tbe miners] lands gfo.Oglcal signlllc ,g fj money-value, and whatever form of deposit can bo embraced of tbe Lnlted 8tot. , ., ,gj„ lode of quartz, or other rock in place," must bo sold at

It iBeyldcntlpluepo. reason that, as the most vaioame nieiais anu niinenus occur tills designation lor tnt jrauie that thelands wherein they are discovered in the several \ein-io quantities, thereby preventing tbe few from monopolizing

should be sold in limitwi , remain open to aU for exploration and development; and large tracts, whicbongni he Government derives a larger revenue from the sale of for tbe further reason that V e.

:'-.aud8 of this dosoription. wherein the mineral matter is contained

"ijf. le"des Jupvinflb. ' l"'l"tt or location of the metal or mineral ; jn veins oi f zones, in pockets, or in the several other forms in hkh minerX a™ foud tn tbe o. ock, whether the gangue, or matrix, is dis-

Coiamiasioner.

The tenth awl elerentb sections of the mimng-aot of July 26, 1800, read as follows, to wit :

,n J i- r) ..riAw enacted. That wherever, prior to the passage of this act,

B.O. 10. Ana J' {;™';,J„„V,. „i„er.l which h.™ heen .idudol from Se'Ser. S?v. h3 lion, !. nl. h, eiti.en. of the Mted States or aunej .ed (heir intention to become citizens, wliicli homesteads have CnTJe li?"vrf ""J S'°' .8.i?lt-?l p,„s.H and opo. which there have

s: rt Vs ™is,3i e.:£rs*riw3"LtKo™.a''.h.rha";:

rr?;hKfTrmptSn*£,iSr.nd ahtu be entitled to pnreh... the same a. the price rfS dollii Vd twenty-five pints per acre and m qn.ntitj not to eicced one hundred md siJtJairesi or said partly may avail themselves of the prove ons of the act of ana sixty a'™ ' . „ tweotv eighteen hundred and suty-two, entitled " An act to SnffhiiSSf SU'Ktalr. on the pnbUc domain," and act. amendatory thereof.

'11 enacted. That upon the snr itary of Intefior designate and set apart si

The General La5D Office. 19

are clearly Bgriciilfiiral laaOn, wliich land ehall thereafter be eubjectr to pre-emption and sale aa other public lands of the United States, and Bubject to all tae laws and legnlatioDS applicable to tbo same.

Some differeuee of opmioii being entertained by parties in intrest as to tile proper construction of these sections, it was decided by this Office that Congress did not intend to abolish or do away with the distinction between mineral and agricultural lands, or to allow mineral lands to be classed and disposed of as agricultural, it being simply provided that the public surveys might be extended over a region that was so clearly mineral in character, tbntit had, previous to the passage of the miDing-act of July 26, 1866, been reserved for mineral purposes, and that sach tracts as should appear to be "properly" and "clearly agricoltaral " might be disposed of under the laws applicable to agricultural land. The Secretary of the Interior, in affirming this decision, said : Congress ilid not. I think, intend in this act to do anay witb the well-eHtabliaued diHtinctioD, ao long recogniW by legislation, between cultural and mineral landa, or to allow lands actually mineral to be acquired under rieultural laws. I think theobjectpf the tenth section was to give to persons who had in goodiaith made agricultural settlements on public lands theretofore designated aa mineral, but Bubaequently determined to be agricultural, a preference in pre-empting or entering the land as homesteads over those admitted to similar rights by the eleventh section.

The Julia Gold and Silver Mining Company made applications for patents for certain mining-cIaiiDs situate in the Virginia mining-district, Nevada, under the mining-act of July, 26, 1866. (14 Stat., 251.)

Against these applications for patents, the CboUar Fotosi Mining Company and the Bullion Mining Company filed jtrotests, alleging that no veins or lodes underlie the laud claimed by the Julia Company other than such as are possessed by the protestants.

On the questions presented iu the case, this Office decided as follows :

Depabtment of the Interior, General Land-Office,

Waghinglon, D. C, May 27, 1872.

Gentlemen : The papers in the matter of the applications of the Julia Gold an() Silver Mining Company for patents for the Julia, Scheel, La Cata, southeast esteusiou of the Hale and Norcroas, and the Sarah Ann lodes have been examined.

The applications for patents for these claims were Sled in the register's office, September 30, IB71, and notice thereof given in the usual mauner by posting and publication for ninety days.

On Ihe S9tb of December, 1871, and before said period of notice had expired, Mr. Isaac L. Iteqna, tbe superintendent of the ChoUar Potosi Mining Company, filed in behalf of said company a sworn protect against patenting aaid elaima, the nature of his objections being in effect as IUowa, to wit : That on the 4th of February', 1870, a patent was issued by tbe United States to said Chollar Potosi Mining Company for their claim on tbe Coinstock lode: that tbey are still the owners of the property described iu said patent ; that said lodes tor which said Julia Gold and Silver Mining Company bas made applications for patents conflict with the claim of aaid Chollar Potofii Mining Company ; that said lodea have no existence as separate and (distinct lodes from said Comstock lode, "but, on the contrary, alt bodies of quartz, or other rock, in place or otberwiae, bearing gold or silver, heretofore found, or that may hereaer be found, within the boundaries described in said application of said .julia Gold and Silver Mining Company, are parte and parcels of the said Comstock lode, and belong and appertain thereto, and Uiere is no lode within said boundaries separate and distinct from aaid Comstock lode ; and that said Chollar Potosi Mining Company therefore prays that all proceedings may be stayed until tbe rights of the respective partita may be adjudicated in the proper courts."

Upon consulting the recordsof this OfQceit isfonnd that on the4th day of February, 1870, a patent was issued to, and in favor of, said CboUat Potosi Mining Company, for fourteen bnndred linear feet of the Comstock lode, tbo preniises so granted being bounded " on the east and on the west by tbe walla of the Comstock lode, not yet definitely ascertained, containing thirty-foor (34) acres and seventy-foor tundredths l/-) of an acre of land, more or less, aa reprcaented in the following plat."

The Mirfdceboundariesof tbe claim BO patented are shown by the record to be governed by four posts or monuments situate respectively at the northeast, northwest, southeast, and southwest corners of tbe claim said patented surface bo bounded representing a rectangle fourteen hundred feet in length by one thousand and eight-one fee'

'/

20 Eepoet Op The Commissioner Of

and tweiit;-foar hnndredtbH of a foot in width, embracing thirty-fonr (34) acres and BeveDly'fooT haudredths (i) of an acre of land.more or less, aa expreaeed in the

The said earfacc-gronad was gTaDtd and conveyed by said patent to said Chollar Potosi Company, together with the rijifat to follow said Comstock lude to the distance of fourteen baDdied linear feet along the oonrae thereof, "with its dips, angles, and Tariations, to an; depth, although it may enter the land adjoining."

In the adverse statement or protest filed aa aforesaid, it is not asserted that the butfoce-groQud claimed by said Julia Mining in their said appUcationa, ineludea or embraces any part or portion uf the surface so ileecribed, Uounded, and patented to said Cbollar Potosi Mining Company ; the objection or protest being an asseveration that the several lodes applied for as aforesaid by the Juha Company nave nu existence as separate and distinct lodea from the Comstock lode so patented to tliem, the said Chollar Potoai Company, but that, on the contrary, all bodies of quartz, or other rock, in place or otherwise, bearing gold or silver, heretofore found, or tbat may hereafter be found, within the boundaries described in said application of said Julia Qold and Silver Mining Company, are parts and parcels of the said Comstock lode, and belong and appertain thereto, and there is no lode within said ''boundaries separate or distinct mim said Comstock lode," &c.

No proof or evidence of any kind whatever is found nniong the papers in support of this statement tbat the lodes souzbt to be patented by the Julia Company as aforesaid are identical with the Comstock lode.

With the applications are found certain abstracts of title from the county-recorder, which it appears that the Julia lode was located May 25, 1863; that the Scheel lode was located February 28, ; that the La Cata lode was located March 9, 1866 ; that the southeast extension of the Hale and Korcross lode was located October 33, 1666; that the Sarah Ann lode was located March 13, 186H, in accordance with the local rules and customs of miners ; and that the record-title to the whole of the property thus located is now in the apphcants for patent- It appears, from a certificate from the clerk of the court having jurisdiction, that no suit has been commenced, or is now pending, against said company — applicants bringing into question the title to said claims- There is evidence with the case tbat an amount of more than one thousand dollars has been expended upon each of said locations, and that in the aggregate more than one hundred and twenty-live thousand dollars have been expended upon the same in actual labor and improveuients.

In the sworn statenient of Mr- W. E. Judd, he alleges that he is the superintendent of said Juiia Mining Company ; that said company and their grantors have been the owners, and in the quiet and peaceable posseKsion of said lodes, for a period of time in excess of that prescribed by the Nevada statute of limitations for mining-claims, to wit, from the dates of the respective locations; that said lodea have been occupied, improved, aud worked in accordance with the local laws, rules, and oustoma; that be has made a thorough examination of the Julia company's said claims and developments ; tbat more ttian two hundred feet of the extreme west of the west drift, on the four-hundred-foot level, is granite, or country-rock, and that said drift terminates in the same kind of rook, and tbat he is satistied that this granite, or country-rock, is the west wall of the Julia lode ; tbat the said veins or lodes dip to the east at an angle of from 45° to 50" ttont said granite rock ; tbat eah of said lodes is a separate and distinct lode from the Comstock lode; that the croppiogs of the Comstock lode are from eighteen hundred to tvto thousand feet west of tiie croppings of the Julia lode, which is the most westerly of the lodes claimed by said Julia Mining Company, &,c.

This sworn statement is auppoited by tno affidavits of N. K- Lawaon, L. M. Wood, T. J- Chambers, Henry Simons, Cburles Harper, J. C. Grout, A. J. Grant, and H. J. P. Si;heel.

A very careful examination of all the papers in this caae haa been made, from which it would appear tbat the objections of the Chollar Potosi Company to the .julia Company's said applications for patents are based rather on a contingency which may possibly hereafter occur than anything at present definite or tangible.

It Is poaaible tbat the Comstock lode and all of the veins or lodes claimed by the aaid Julia Company may at some remote period be found, in their coarse downward into the earth, to converge and unite, and below their point of junction form one main fissure; hut aa this is a contingency only determinable by ihture developments, the wisdom aud justice are not perceived of indefinitely suspending the execution of the United States mining-laws ou any cUlma which may be in the neighborhood of either the Comatock or any o;her lode, to await such future event.

It would be useless to carry any such vague nndeterminaWo question as tbia into the courta, for the reason tbat, until sufficient explorations and developments have been made to acluatl]/ esMlUh the fact tbat the lodea unite aud are hlentical, the judgment in view of the developments of to-day might be reversed by the same tribunal the 't month or the next year by further develop men tain of the luv which would suspend the disposal uf the mineral lands and

The General Land Office. 21

prevent the Government froni obtaining its price therefor until such hypothetical eontrorersiea as these caij be finally aJiisted. in the courts, in my judgment, should not prevail, for the reasons —

Ist. That if this is to be allowed in the present case, a precedent will thereby be established for interposing like objections to an and all applications for patents in any mining-district, until it can be determined m the courts whether all such v'"" '" the district are identical, potting it into the power of a few persons to comi onllit; the law in district, and to defeat the very purpose for which it was ei byConftress; and—

2d. That if these claims are to remain suspended ftoni sale for an indefinite period, to determine a supposed underground conflict, the ore, the only valuable part, will have in the mean time been extracted from the same, nindoring the ground barren and worthless, in which event no one would purchase it from the Government.

But by the fourteenth section of the act of Congress approved May 10, 1872, entitled "An act to promote the development of the mining resources of the United States," provision is made to meet just such a condition of affairs as that supposed by the adverse claimants to exist in this case, to wit, that of lades uniting in their course downward into the earth ; the second proviso to said section declaring "that where two or more veins unite, the oldest or prior location shall take the vein oelotc the point of union, including all the space of intersection." The Chollar Fotosi Company bold their claim upon the Comstock lode both by priority of location and by patent Aroni the United Slates, so that even if the lodes claimed by the Julia Company should be patented, and after further developments be found to unite vcith the Comstock lode, said Chollar Potoai Company, in view of the law and reason of their prior location and patent, would be as fully invested with title to said lode beUmt the point of union, including all the space of intersection, as if the Julia claims had not been patented ; their riglit, however, to the veins claimed by said Julia Company above the point of intersection, should they be found to unite, not being recognized by said statute.

It Is perfectly clear to my mind, therefore, that the Chollar Company cannot be injured in any just or legal right by granting a patent for the claims applied for by the said Julia Company, and their adverse filing is accordingly rejected, as being iusufflcient under the law to justify a suspension of proceedings.

On the 30th day of December, 111, the Bullion Mining Company, by their superintendent, Mr. E. A. ScUnltz, appeared at the office of the register and receiver to file an adverse notice or protest gainst said Julia Company's applications for patents on the Julia, La Cata, Sarah Ann, and southeast extension of the Hale and Norcross.; but the same was not filed in consequence of the absence of the register, as appears by the receiver's indorsement upon the papers, until the 11th of March, 1B73.

The said Bullion Company's claim is upon the Comstock lode south of and adjoining the said Chollar Potsi Company's ground, and was located June 23, 1350, long prior to the dates of the locations claimed by the said Julia Company.

The nature of the protest of the Bullion Company ia the same as that of the said Chollar Fotosi Company, hereinbefore set forth, with this exception, that the Bntliou claim has not yet been patented, and their adverse filing is rejected for similar reasfl lis.

You will notify the parties in interest accordingly, allowing sixty (00) days tCom such notice in which an appeal may be taken to the honorable Secretary of the Interior.

In the event of a final survey being made of the said Julia Company's claims, it will be incnmhent npoa the surveyor-general to definitely ascertain and report whether or not the said claims lie within the two thousand (2,000) feet limits of the proposed or located line of the Sutro tnnnel ; the act of Congress approved July 35, 1866, (14 Stat., 242,) granting the right of way for the construction of said tunnel, withholding &om sale by the United States all lodes other than the Comstock situate within two thousand feet on each side of the line of said tunnel, which were at the date of said act in the iotm-Jide possession of other persons; and aUuwing Mr. Sutro, his heirs or assigns, the right to purchase such other veins or lodes from the United States, should the claimants thereof abandon, fail to work, possess, or bold the same according to the mining rules and relations.

Very respectfully,

Willis Drummond,

Commisaiotier.

Register and Kecbiteh,

An appeal baring been taken from the foregoing decision to the honorable Secretary of the Interior, ttiat ofiBcer approved the action of this OfQce in the following letter :

Department of the Interior,

Woikington, D. C, Feimiari/ 24, 1873.

Sib: I have considered your decision, rendered May 27, 1972, in the matter of the " n lof the Julia Gold and Silver Mining Company for patents for the Juli'

f 2

Bepobt Of The Commissioner Of

Scbeel, La Cota, auutheast extension of tbe Hale and Norcross, and tbe Sarab Ann lodes iu Nevada. .The facts are us follows:

On the 30th September, 1871, applications for patents for these ulaiuts were filed ia the register's ofBoe at Carsoa City, Nevada, and notice was gieti in the usual manner for ninety days. On tbe 20th of Decemlier, and befiire said ninety days had expired, Mr. Isaac L. Requa, iu behalf of the Cliollar Potosi Mining Company, filed, iu bebfdf of said couipany, a protest aguiust iseuiug patents for said claims, on tbe groond that, on tbe 4th of February, 1870. a patent bod been issued to said Cbollar Potosi Hiuing Company for their olnim on the Comstook lode ; that they are still the ownera of the property described in said patent; that said lodes lor which tbe Jalia Gold aud Silver Mining Company baa made application for patents are the same wliiub uiidurliu the ground embraced iu tbe patent issaed to this Cbollar PotHi Mining Company ; and that underlying tbe Jand claimed by tbe Julia Company, there exists no other vein, lode, or lodes, tbac such as are embraced iu the patent to the Cbollar Potosi Company. Wherefore tbe Chollnr Potosi Company pray that all prooeedings may be stayed until tbe rights of tbe respective parties shall have been abjudicated in the proper local conrts.

There is no claim on the part of the Cbollar Potosi Company that their \irfarx-TigMt conflict with the nti/uce-ctnitiw of tbe Julia Company. Tbe patent to tbe Cbollar Potest Company is for fourteen hundred (1,400) linear feet of the Comstock lode, tbe premises granted being bounded on tbe east and the west by tbe walls of tbe Coiustock lode, not yet definitely ascertained, contaiuing 34.74 acres, more or less.

It appears that the Julia lode was located May Ua, 1863; the Scbeel lode, February 28, 1HC6; the La Cata lode, March 9, 1866; the southeast extension of the Hale and Norcross lode, October 1!2, la66; and the Sarah Ann lode, March 18, 186, in accordance with tbe local rules aud customs of miners; and tbe record-title to the whole of the property thus located is now in the Jnlia Company.

It also appoacs that uo legal proceedings have been institatd against tbe Julia Company calling iu question its right to patents. It further appears that tbe Julia Company has iu ali respects complied with tbe mining-laws, and all tbe rules and regulations made in accordance therewith, which are necessary to be complied with, before asking for patents for the several claims.

Tbe question thus raised is, whelber tbe protest entered by the Cbollar Potosi Cotiipany against the issuance of patents to the Julia Company, and the reasons assigned by the Cbollar Potosi Company for suob protest, constitute " on odctrse cfatm " within the meaning aud spirit of the third aud sixth sections uf the act approved July 2(>, 18bii, " granting tbe right of way to ditch and canal owners over tbe public lanik, and for other purposes." (14 Stat., 251.)

In order to understand and correctly decide this question, it will be n sider tbe various provisions of said act, and thus to arrive at its true ci the legal intent of it authors.

Theflrst section of the act enacts that "the mineral lauds of the public domain, both surveyed and unsurveyed, are hereby .declared to be free and open to exploration aud occupation by all citizens of the United States, and those who have declared their inteutiim to become citizens, subject to such regulations as may be prescribed by law, and subject also to the local customs or rules of miners in the severaJ miuing-distriots, so far as the same may not be in conflict with the laws of the United States.

Tbe second section provides that when any person claims a vein or lode of quartz, dcc having occupied and improved the same according to the local customs where the same is situated, and having expended thereon, in actual labor aud improvements, an amount not less thana thousand dollars, (11,000,) and "inregardlowbosePOBSEBSiON there is uo controversy or oppouiug claim," such claimant may file in tbe local land-office a diagram,. and enter such tract aud receive a pateut therefor, granting such mine, together with the right to follow such vein or lode, with its dips, angles, and variations, to any depth, although it may enter tbe laud adjoining, "which land aujoiking shill be soli>

The third section makes provision for a notice of the intention of tbe applicant to apply for a pateut, aud directs the register of the laud-offlce in regard to Uie manner of publishing the notice for such claim ; and provide that, after tbe expiration of ninety days Irom such publication, if no " ndcine claim " shall have been Sled, tbe surveyor-general shall survey tbe premises and make a plat thereof, indoreed with bis approval, and then declares that upon tbe payment to the proper officer of five dollars ((5) per acre, together with the cost of such survey, plat, and notice, and the giviug satisfactory evidence that the diagram and notice have been posted on the claim dui ing the period of ninety days, the register of tbe land-office shall transmit to tbe General Lond-Offlce such plat, survey, and description, and a patent shall issue for the

The General Land Office. 23

sectioD, proceediDgs shall be stayed tiDtil final aettlemeut and adjntlicatioQ in tlie courts of the " righU of poe$e$sioii to such cfatm," wlmu a patent may issue as iu otlier caaes.

It will be ubxerved that the eeuond section, after pointing out what is to be done bj any person or aaauciation olaimiDa veinorlode of quartz, before a patent is issued to such person therefor, describes it aa one " in regard to wlioEse possession there is no controversy or opposing claim," It also provides tliat whou the patent is issned granting Huch mine, the right, to follow the vein or lode with its " dips, angles, aod variations to any depth, although it may enter the land adjoining," is distinctly recognized. Then itisenactd that the " land adjoitiing hall be sold autject to this covdiUon." The sixth section then provides that when an " adverse claimant " to any mine shall appear, all proceedings stiall be stayed until the courts shall determine '' the i-igllbl iff FtiSgElo>' to mok CLAIM."

In this case, the Choliar Potosi Company asserts no right of possession to the premises for which the Julia Company ask patents. In regard to the surface-possession of the property to be by the Jnlia Company, there is no " eoatroveiig" nor "oppauiHg daim." It is asserted, however, that the Comstock lode, previooaly patented to the Cbollar Potosi Company, underlies the surface of the several claims for which the Julia Company ask patents, and it is also asserted that there is no lode or vein of quartz or other rock in place, bearing gold, silver, cinnabar, or copper, beneath the suriiuie of the several claims of the Julia Company, except it be the Comstock lode, embraced in their patent before referred t, Isthissnch an "adverse claim" to the " possession " or " right of possession " of the Julia Company as is referred to in the third and sixth sections of the actT Does this raises "controversy " or "opposing claim " in regard to the "possession" of the property for which the Jnlia Company is seeking patents T If so, how is the atoining land to sold subject to the rights of the Choliar PotMi Company t If, by merely asserting that the lode patented to this company is the only lode nnderlying the land claimed by the Julia Company, they can prevent tlio issuance of a paint to the Julia Company until the question is settled as to whether their assertion is correct or erroneous, how can such " adjoining land" ever be sold "aatjecl to tkerigltia" of the Choliar Potosi Company t

The chief purpose of this mining-law is to open all the mineral lands of the country to " exploration and occupation," and thus to encourage and stimulate uiining-oprations. Hence the fourth section of the act limits the quantity of surface nlijch any indiridnal may take to two hundred feet in length, and provides that no person shall make more than one location on the same lode, and that not more than three thousand I'eet shull be taken in any one claim by any aeKociafion.

It seems to have beei) foreseen by the authors of this law that, without some unmistakable expression authorizing " land adjoining " to be sold, diMcuitics such as this case presents might arijHU, and to prevent this, and keep opeu and free to " exploration and oocnnation "alt the mineral of the nation, it was enacted that laud should be disposed of in very limited quantities, and that lands "adjoining" those first located should remain open to exploration and sale, subject to such rights as might fiave vested in the first locator. Considering this act iu all its parts, keeping each of its provisions in view, and observing the relations of one to the other, it seems clear to my inind that in establishing this system for the sale of the mineral lands, it was intended to allow the tirst patentee to follow his vein, though it may lead hira under " adjoining lands." It seems equally clear that it was also intended that "adjoining laud" should be soldsubjeot only to this right ; and it seemsequallyclearthat their right to follow a vein under adjoining land does not create a " coutroveray " or " opposing claim " under the second section, nor an adverse claim under the third section, to the pojscssion of bim who enters the adjoining land for mining-purposes.

There is. in this case, no controversy about the "possession" of the surface of the several claims for lodes made by the Julia Company, and hence I conclude that [he Chollat Company has made no snob "adverse claim" to the property sought to lie patented by the Julia Company, as is necessary, by the act aforesaid, in order t-o reipiire proceedings to be stayed until "final settlement in the courts of the rights of potttHBimi (osacA c;iHni"be had. To allow any other construction would enable the first patentee greatly lo obstruct the sale of the mineral lands ; for, if a previous patentee sees fit to claim that his vein or lode underlies adjoining land, he can prevent tliis land from being patented tu an indefinite extent of surfacoi until the fact is ascertained by legal proceedings whether such claim is true or £ilse. He may thus suspend the sale of "adjoining laud, "and, indeed, prevent any sale "subject to his rights," because ho will require these rights to be determined before the adjoining land is patented.

By issuing a patent to the Julia Company the legal rights of the Choliar Potosi Company cannot bo impaired, because the patent itself, following (he direction of the statute, will provide that the adjoining lands are sold subject to the rights of the Choliar Potosi Company. That compiiny, if satisfied that its vein or lode is the only one under- Jying the surface claimed by the Jnlia Company, can enjoin, in a court of equity', the Jnlia Company from pruoeeiling to take minerals previously patented to the Cbollar

I; Report Of The Commissioner Op

Company, snil, apou makioK good Their alleKations, will at once obtain a perpetual prohibition of tbe Jnlia Compan; from proceeding take such minertUa.

This coDelmction uf the act will enable the Government to proceed to Bell "acljoining land," "aubjeat to the rigbta"ofprevioiiB patentees, and will prevent the Hrat patentee from prohibiting the Government the exercise of thia privilege when adjoining tanda are found which are supposed to contain other veins or lodes of mineral than such as have been pievionslj patented. I cannot eradicate from my mind the necessity of this

in. Any other view of it seems to me uoreaaonable, and against tbe spirit the entire act, with a strong tendency, at leant, toward an adherence to tbe letter, rather than to follow the reason, of tbe law. I therefore a£Brm your deciaioD. and direct that patents be issued to the Julia Company for Its aevcral claims, which, on their face, shall show that they are issued subject to the legal rights of previous locators or patentees.

I am the better aatiafied with this conclusion because I understand that it conforms to tbe Qoifona practice and ralinga of your Office since tbe passage of what is termed tbe miniog-act.

The papers are herewith returned.

1 am, air, very reapectfnllf, your obedient servant,

C. DELANO, Secrdarg. Hox. Willis Dritmmokii,

Onntaunoner Geaerai Land-Office.

The foIloviDg decisions constrniDg the act of CoDgrees approved March 3, 1853, (10 Stat., 244,) involviDg the right of tbe Stat of Califoruia to sectioDB 16 and 36, when showu to be miueral ia character, have been rendered ;

Depabtment of the Interior, Genkral Lant-Office,

WoMhiJigtoB, D. C, June IB, 1972.

Ggntlimia': The papera, testimony, arguments, and your joint opinion in the malti'r of H coDtroversey between certain mining-claimants, the town of Amador, and Henry Casey, grantee of the State of California, affecting the right to the east half of sedition 36, in township 7 north, range 10 east, Mount Diablo meridian, have been examined. The question involved is mainly one of law, viz : as to the right of the State of California, under tbe grant of 3d March, 1853, to lands found upon survey to be iiamerically designated under our public-land system as sections 16 and 36, where such landa were, at tbe date of survey and designation in tbe bona-fide possession of parties properly qualified, who claim tbe right of having tbe mining and town-site iawK of tbe United States executed in their favor.

It has never been clear to this OfBce that (be grant by the act of 3d March, 1853, of sections 16 and 3S, to tbe State of California, for (Khool-purposes, vested any right in said State to mines, or that the decision of tbe Supreme Court, case of Cooper rn. Hoberta, affirming tbe right of the State of Michigan to certain copper-bearing lands iu school -section 16, in that State, was applicable to California for the reasons —

1st. That the said act of March 3, It&3, "to provide for the survey of tbe public lands ID Calilbmia, tbe granting of pre-emption rights therein, and for otb*<r purpoNea," is simply a law in the ordinary meaning of tbe term, and aa such repealable at the will of the la w-mailing power ; whereas the act approved Juno S3, IS36, entitled "An act supplementarj to the act entitled 'An act to establish tbe nurthei'n boundary-line of the state of Oliio, and to provide for the admission of the State of Michigan into the Union OD certain conditions,'" belongs to that class of laws wbicb are legislative couipactn, and which in that cose became obligatory and binding npon the paitles to it, viz; the United States and the State of Micbigno, on the25tb July, 1836, that being (be day upon which the State of Michigan passed tbe act of acceptance ; and

m. That the said act of March 3, 1&5.'!, tbe sixlb suction of which grants sections 16 and 36 to the State of California for Bcboola, contains a special condition in tbe last proviso to its second section, "That none other titan towDship-lines shall be surveyed where the lands are mineral," a provision of law riot applied b; Congress to surveys in tbe State of Michigan, for the probable reason that do mines were known to exist in that State when the authority of Congress was first given for extending tbe survey therein.

Tbe inhibition as to survey of other than township.linea where the lands were considered mineral was not rcpeded by Congress until the passage of the laws of July 21!, 1866, and July 9, 1870, commonly known aa the " mining acta, tbe first of which, iu its tenth and eleventh sections, and the latter, in its sixteenth eectioQ, provide for extending the United States surveys to tbe lands previonsly designated as mineral, and which Jiad been excluded from survey or sale ss such, the eleveulli section of said statute of July 26, 1863, providing "ihiit upon tbe survey of tbe landa aforesaid, the Secretary of the Interior may designate and set apart portions of the said lands

The General Land Office. 25

S8 are clearlij agricul'ural lauds, which lands shall thereafter be Biibject to pre-emption aod sale as otliet public lauds of the Uoited States, and subject to all the laws and recnlationB applicable to the aftme."

It is Dot readilv understood by what process of reaeoDitig the sixth section of said of March 3, W&A, can be construed to meaa a present K''Bat of sections 16 and 36 of lands which wore by the second section of the ame act expressly excluded /n™ iurten as mineral.

The laud comprising what is now desiKnated township 7 north, ranee 10 east. Mount Diablo meridian, forms a part of Amador County, California, in the mining* region, and was of coarse reserved from survey or disposal until after the passage of the said miniag-act of July 26, iSGG, it not having been surveyed into sections and platted antil the year 1670.

The deputy surveyor returned the east half of section 36 in said township as vacant flgricultiital land, as appears from the official plat thereof — a return shown by the evidence to be grossly inoorreot and fraudulent, the testimony clearly establishing that ihe town of Amador, which lies within said subdivision, was plainly visible from nnmerons points along the lines run by the surveyor, as were also the improvements, Slc, of the several quartz-mining companies whose gaines are within said east half of section 36.

The seventh section of said statute of March 3, 18.'i3, provides for pre-emption claims upon school sections 16 and 36, but fails to provide for mining-claims, for the very excellent reaaona, lat, that Cougrsas in said act had only given authority for the survey of agricallural lands upon the sixteenthand thirty-sixth sectiona, on which it was weU known that agricultural pre-emption claims would often be found, rendering it necessary to provide the means for their protection and for indemnifying the State by granting lien land for the areas so pre-empted; and, 2d, that Congress having by said act expressly limited the extension of surveys to ajfrtcujfural lands, that body considered that inhibition in Itself ample and complete protection to miners against school or any other kind of claims ; there being no section 16 or 36 so long as this region remained a part of the reserved mineral land of the States.

The mining-act of July iJ6, 1866, ptovidea, among other things, for granting patents for mining-claims upon surveyed and uirgareeijed landa, and a number of mines upon iinaurveyed public lands have been patented in accordance with said statute. If said Act of March 3, 16-53, is to be interpi-eted aa being a present grant of all the uusnrveyed lauds in California, which,nponsucvey into sections, are found to bed eaignatedsectioiis 16 and 36, it follows of ooarae that in case any of the mines ao patented are found, when such surveys are made, to be within the sections so desigmited, the title so Issued will become void and the right of the State attach, the same aa if no anch patents had ever been issued.

construction of the law would not only be preposterona and absurd, but would be disastrous in a great measure to the mining-interests, inasmnch ae no miners upon un- Bnrveyed lands cjui tell whether they are upon school-landa or not, or whether tbey could with safety go to any expense in opening up aag mine, in view of the poeaible contingency of it being upon what may hereatter be found to be a school-section, iii which event their time, labor, and expenditures would, instead of being of any advantage to themselvea, only enhance the value of the property of the State or of its aseigneea. The firat seciion of the mining-statute of July 26, 1866, enacts " that the mineral lauds of the domain, both surveyed and unsnrveyed, are hereby declared to be liee aud open to exploration and occupation by all citizens of the United States and those who have declared their intention to become citizens," &c.

Holding, therefore, as this OfQce does that prior to the 7th October, 1870, the date of filing the plat of said township, the said eaat half of section 36 formed a part of the nusnrveyed mineral lands of the public domain, within the scope and meaning of said firat section, it is ruled that the parties who were in the actual occupancy and poaseaion of mining-claims under local rulations in aaid aulidivision at the date of the filing of said township-plat were in such occupancy and possession under anthoiity of aaid statute of July 26, 1!, and that they or their grantees, upon compliance with the mining-laws of Congrees, will be entitled to patents for their respective claims, the same as if they were upon unsurveyed landa or within sections other than 16 or 36.

With regard to the town of Amador, it appears fmm the record that it was settled previous to the year 1853; that on the 28th November, ltf70, J. Foot Turner, county judge, filed in your ofSce D. S. No. 2171, in trust for tbeiiilisbitantsof said town, claiming the right to enter the northeast quarter, eaat half of northwest quarter, northwest quarter ofsoutheast quarter, and northeast quarter of southwest quarter of said section 36, in virtue of the town-eite law of March 2, 17 ; that he subsequently tiled ahandoumenta of said town-site claim so far as it affected the north hall' of northeast quarter of said section, and the vein, lodes, or lodges and surface ground claimed by the several luiniug-eompaniea in the east half of said section.

The town-site law of 2d March, 18ti7, expressly provides that do title shall benaqnlred

-Aiooglc

T

Beport Uf The Commissiosee Of

imder its provisions to any mine orgold.sUvtrr.ciUDabar.or copper, and tbeact amuud- aXars thereof, approved June Ij, IStiri, provides (but no title under said actor tidMsrch, li, shall be acquired Xxt au; valid mining-claim or possession held under existing laws of Congress.

Several mining-clikima ore shown to exist within the limits of the land claimed, for said towD-site; therefore this OfQce will not finally pass upon said biwn-aite applioBtioD until all luiuing-claims within its llniitB shuU have been adjusted according to law, it being decided that after all the miDing-claims therein shall have been segregated and Anally odjiiated, the reiuaioder of the land included by said towu-sile applicatiua may be euteced io the usual manner by the inhabitants of (he town, as provided by law.

As a portion of the said town of Amador appears to lie upon some of bess quartaclairas, it will be necBsaary, in issuing the patents fur the miues, to insert a special clause excepting and excluding troni such conveyance any and all town property or municipal rights upon the surface-ground so patented, such as houses, buildings, structures, lota, blocks, streets, alleys, or other improvements not belonging Va the grantee named in the patent, and all rights necessary or proper to the occupation, posseseiou, or enjoyment of the same. You will notify all parties in interest hereof, allowing sixty dayn from notice, in which an appeal may be taken to the honorable Secretary of the Interior, should the same be desired.

Very respectfully, your obedient servant,

Willis Drltjmond.

BcierifR and Kf.ceive.r,

SocraineBM, Vulifoniia.

Department of thr Interior,

WaihiiiffMH, April 28, 1M73.

SiK : I have examined the case of the Kcysloue Consolidated Mining Company, Original Amador Mining Com|>any, Bunker Hill Quarlz Mining Company, Eureka Quartz Mining Company, and town-sito of Amador City na. The State of Calitbrnia, on appeal to the Department from the decision of the Commissioner of (be General Land-Office of June 18, 1872.

The land in question is the east half of section 36, township 7 north, range 10 east, Monnt Diablo nmidiao, in the State of California. The State claims the entire tract under the act of Congress of March 3, IKii, (10 Stat., 244, sec. 6,) as school-land. The mining-companies claim a portion of it under the act of July 21), ISfiS, (14 Stat., 251,) and Amador City claims a part of it under the act of March 2, 1867, (14 Stat., 541.) The laud is mineral tond, and said mining-companies located their mines for most of the territory now claimed by tbem iu IsSl, and for the remainder in 18S6, 186:f, and 164. Thej have continuously workedtheseminesfrom time of location to the present, and have expended on the same a large sum, exceeding 1,000,000, and have realized from tbem a still larger siimK They have complied with all the provisions of the act oi* July 26, 1696, and have made their respective applications in due time.

Amador City was located on the half-section in controversy, in the immediate vicinity of said mines, in 1851, and then bad a population of almut seventy-five persons. ft contained about three hundred inhabitants at the date of the act of March U, 11, and non* contains about five hundreil. It has about oue bundrod dwelling-houses, two stores, two saloons, one hotel, oue poet-oCQce, one express-office, one telegraph -ufQce, one church, and one school-bone. It has filed an abandonment of allflaiuj to any portion of the legal subdivisions upon which it is situated, so far as the same coufiicts with the claim of either of tbe mini ug-com pan ies.

The survey of the township-lines oi said township 7 was completed Anjtust 27, 1869. Tbe section-lines were run March 10, 1870. The plat was approved September 30, 1870, and tiled in tbe local office October 7, 1870. The State, uf California on the 4tti of November, 1870, sold to Uenry Casey the east half of said section 36 for the sum of $400, and the claim to tbe same is now prosecnt by him or those who claim under him.

Upon these facta it is conceded by all parties to this contest that each of the said mining-companies is entitled to a patent for the lands claimed by it unless tbe title for said half-section is now vested in the State of California or its grantee. It is also conceded that the claim of Amador City is good and valid unless iu confiict with tbe title of the State or its grantee.

The local officers rejected the title of the State, and their decision was aflirmcd by the Commissioner.

The claimant under the State has appealed, and the whole case is now before this Department on its merits. It involves a oonstruQtion of the act of Maroh 3, 1853, entitled " An act to provide for the survey of the public lands in California, the granting of pre-emption rights therein, and for other purposes."

In attempting to ascertain the true meaning of this act, I shall assnme, as hornbook law, that in ever valid grant there must be a grantor capable of making the grant,

antee capable of taking it, and a thing granted capable of ideutiUcatiuu with

The General Land Office. 27&#x27;

TeasoDablo certainty ; that all giant made by the Geoerol GoTeramerit to lodividualB, corporation, or States are to be construeil strictly against the grantee, and tliat nothing passes by implication ; that the iDteut of the law-makers is to govern, and that such intent is to be gathered from tbe entire act- In the farther examination of this case I propose to consider the following inquiries: First. When does title vest in the State to sections 16 and 36 under said act t Second. Does the seventh section except from the grant, land upon which settlement has been made prior to sarvey for other pnrpoaes than 'pre-emption appropriation t Third. Does the grant include mineral lands in sections 16 and 36 1 First. Whendoestitle vest in the Stateto sections 16 and 36 undersaid aetT Section 6 of the act reads as follows; " That all the public lands in the State of California, whether surveyed or nnsarveyed, with the exception of sections 16 and 36, which shall be, and hereby are, granted to the State fujtbe purpose of public schools in each township. and with the exception of land appropriated under the authority of t.bisact or reserved by competent authority, and excepting also the lands claimed under any foreigu grape or title, and the mineral lands, shall bo suWect to the pre-emption laws of fourth September, eighteen hundred and forty-one," &c.

It is claimed by appellant that this section contains a grant preaenti to the State, taking effect from the date of the act, upon all tracts afterward located by Qovemment snrvef on Sections 16 and 36 iu each township, and that complete title waa vested in the ijtate to the same on theSd of March, 185.1, and that Congress thereafter had no power 'o provide* way for a different disjiosition of any such lands. On the other hr~ "'

claimed, on behalf of the mining and town-ait conmanies, that the grant, though in words d£ pretenti, was in fact a grant in the nature of a float, taking eSoct to vest title upon no specific tracts until sarvey, and that, until such survey, Congress had power to make other and different disposition of the land.

The power of Congress to change, modify, alter, or repeal the grant in question at any time prior to the date when title vests in the State, will not, I think, be queatioued and it is equally clear that after title has once vested, Congress has no further power to alter, modify, or change the grant. It is evident, therefore, that, with reference to this branch of the case, it is only necessary to inquire whether title to sections 16 and

.Svestedin the State prior to the act of July 36, 1U66. If it did, then Congress power to dispose-of the land in the manner pointed out in that act ; if it did not, then the title of the mineral claimants is good, and patents must issue to them for the tracts claimed.

In my opinion, the sixth section of the act of 1S53 should be construed as a ji'ant to tbe State in preeenfi, in the nature of a float, taking effect upon specllic tracts when the same are surveyed by the United States, aud not before. The grant is in words de premnti, but until survey there are no tracts or parcels of land in existence answering to the calls of the grant. A beneficial interest under it can only ensue to the Stale when the United States, in ostending the lines of the public snrveys, set apart eeitain tracts and designates tliem as sections 16 and 36. It will not be denied that Congress had the legal power, no matter what may be said of the political obligation of the Ciovetnjneut, to provide that this land should never be surveyed, or that in surveying it a different method should bo adopted than that now in nse, aud no such tracts as sections 16 and 36 be set apart. Would not the passage of such an act have operated to entirely defeat the grant to tbe State T The grant ciSlsfor certain tracts by recognized technical designations. No such tracts oonld be found, and the State would be without remedy to compel tbe Government to create them. A like effect would be produced by a refusal of the eiEECutive ofBcers of the Government to extend the surveys. Tbe State would be indefinitely without heneficia] interest in the grant. Of course, the happening of the contingency I have mentioned could hardly for a moment be apprehended, for the tJnited States is, in good Diith to tbe State and in the performance ot its political obligations, bound, within reasonable time, in tbe extension of the public surveys, to set apart the tracts granted ; bnt I refer to it to show tbe nature of tbe grant iu the State and its liability to defeat before survey.

I thinkthegrantisinitsnatnre thesameasthat usually made byCongress to railroad companies to aid in the construction of their roads. These grants are generally lor a certain number of sections, designated by odd numbers on each side of the road, with a provision for indemnity selection in case any of such sections shall have been sold or otherwise disposed of prior to the definite location of the line. Tbe highest judicial authority (Kailroad v. Smith, 9 Wallace, 99 ; Railroad m. Fremont Co., 9 Wallace, 90) has repeatedly held that these grants did not vest any right in the companies to specllic sections until tbe line of the road was definitely fixed on the face of the earth. The grant to California hy the act of 1853 is similar. It is for certain sections designated by numbers, the precise location of which cannot be definitely ascertained until survey. The grant in both becomes certain npon the happening of a contingenof — in the former by definite location ; in the latter by survey. In the railroad cases the Supreme Court holds that title to specific tracts vests only on the happening of this --' -' ' '- - ') location. Why should notthesar'

contingency that makes the gtiiDt certain a

.A'lHIlc

28 Report Of The C0Mmi8Si0Neb Of

role be applied to tbe grant to tlio State, and the title held to be vested npou the happeniDg of tbe coutinncy that makes that grant certain as to location t

In the case of Gaines ft al r. Nicholsou, (9 How., :t6.'>,) paaaijig npoD the right of tlie State of Mimissippi to achool-sections ander an act (U Stat., 2S) reserving section .16 in each tovustiip for the support of schools, and two subsequent acts providing for iademnitv to the Statu for loss of same by reason of iutertemnce with forei|;n grunts aad for leasing Buch lauds for (be support of schools, tbe Supreme Court said : " The State of Mississippi acquired a ribt to every sixteenth section by virtne of these acta on the eitiDgnishment of the Indian right of occupancy, the title to which in respect the porticnlar sections became vested, if vested at all, at eoon as lAe iturtea were mcde and the sectiona designated."

The case of Cooper vi, Koberts, (19 How., 173,) although cttecl and relied npon by counsel for tbe State, seems not to sustain their position, but rather follows and affirms the principles enonoiated in Gaines ii. Nicholson.

The United Stales, in ber compact with the Territory of Michigan on her admission to the Union as a State, ratified July 25, 1936, appropriated to the State section 16 iu each township for the benefit of schools. The land in controversy was surveyed iu the summer of 1847, and deeiatd as section 16. The right of the State to the same was contested by certain miomg-claimants aeaerting rights under a purchase from tbe Government of lead-mines, nndor the act of March 1, 1847, to whom a patent had issued reserving the right of the State. The court first examined the history of the Usual grants to the States, npon their admission to the Union, fcr the benefit of schools, showing that these gilts were the result of a cherished policy on the part of the Gov* ernoient for the encouragement of popular education, and declaring that the compact with the States did not except mineral lands from the operation uf the grant. The court then said; "We agree that, until the survey of tbe township and the designation of the specific sections, the right of the State rests in compact, binding, it is true, the public faith, and dependent for execution upon the political authorities. Courts of Jnetice have no authority to mark out and define the land which shall be sulect to the grant. But when the political authorities have performed this duty, the compact has an object upon which it can attach, and if there U no legal impediment the title of the State becomes a legal title." The court then passed to tbe coideration of the qnestiou whether any such "legal injpediment" was created by tbe act of 1847, aud decided that there was not, for the reason that said act arpressJj excited sfctiou 16 f,-om iu operatioH. Tbe court then further inquired whether the execution of a lease to tup mineral claimants by the Secretary of War, with the right of renewal the lessee's compliance with certain conditions, upon which lease the claimants, having coatioued in possession and complied with conditions, were allowed to make eutiy under the act of 1847, was a legal impediment preventing tbe title from vesting in the State, aud held that it was not such an impediment for tbe reasoa that the claim of the company was not perfect under the lease, the act of 1847, and the act of September, 1850, (9 Stat., 472.) Tbe court said ; " Hence had there been a legal impedimeitl to the eiiecution of tbe compact with Michigan, enacted either bjr the second section of the act of 1847, which separated for some purposes the mineral from the public hinds, or bybe privileges granted to the lessees or their assigns in the third section of that act, it wa removM by tbe repealing clause of the act of 1850, and the uou-emplince with the conditions on which tbe privileges depended."

It is thus seen that even iu the case of a compact between the United States and the State of Michigan, duly ratified by the Stale, (a much stronger case than that of tbe simple grant by an ordinary act to the State of California,) the Supreme Court recognized the power of Congress, by subsequent legislation, to interpose a legal iuipcxliinent to the title to school-sections vesting in tbe State upon survey. There was no intimation that this power of Coo gress was doubted by tbe court. It waa plainly recognized iu every inquiry, and the titieof the State was affirmed (fn tlie uole ground that noauek impediment

In the case of Kissell vs. Saint Louis public schools, (18 How., 19.) in discussing the right of the school-commissioners of Saint Louis to certain ont-lots, town-lots, iltc, reserved lor the use of schools by the act of June 13, 1812, (2 Stat., 148,) and the cunjirmatory act of January 27, 1331, (4 Stat., 435,) which said lots were to be surveyed under the provisions of the first-mentioned act, the court said: "Our opinion is that >the BchonlAands were in tbe condition of Spanish claims after canfinnation by tbe United States, without having established and constructed boundaries made by public authority, and which claims depended for their specific identity on surveys to be execntedby the Government. Tbe case of West CT. Cochran (17 How., 413) lays down the dividing line between the executive and judicial powers in such cases, to wit. that until a designation, accompanied by a sutyey or description, was made by the surveyor- Jteneral, the title attached to no land, uor had a court-of justice jurisdiction to asceitalQ its boundaries."

In the case of Van Valkenberg vs. McClond, (21 Cal. S. E., 330,) the supreme court of ilifomia, in construing the five-hundred-thousand'ncre grant to tbe State, under' the

The Gesekal Lamd Office. 29

act of CoDgresB of September 4, 1641, (5 Stat., i,) held tbat selections could be mcMl therenoder prior to the survey of the land, subject to Babsequeut change to conform ti> the GoTemojeDt Itoee, but this decision was overruled in the subsequent coses of Terry ra. Mecerle, (24Cal., 6;) Grayson rs. Kuigbt, (37 Cal., 507 ;) and Middleton vs. Lowe, (30 Cm., 59G.) In the latler case, refemug to the ilecision in Grayson vs. Knight, tho question being one relating to the riglit of the State to Be6tiona 10 and Si> under the act of4853, the court said: "The reasons operating to prevent the State or her vendee itota acquiring a title by the aid of a selection made, aa in that case before the eoneressional survey, are equally cogeut to show that title to any piutticniar parcel of the lands granted for the purposes of public schools does not vest in the State until such survey ban been made. ' It thus appeal's tbat the grant to the State has not attached to the laud in controversy, (section 36,) both because of the exception in the act of Congress in favor of private grants, and because the lauds buve Dot been surveyed by tbe United States."

The case of Higgins vt. Huugbton. relied upon by counsel to sustain the claim uf the State, seems rather, upon a careful oiamination, to sustain an opposite view of the law tbat contended for. The case involved a question as to the right of the State nndor the act of IS53 1o sections 16 and 36, and the court said: "We consider tbat iu tbe grant to California of March 3, 1B53, the power of locating tbe quantity granted, one thousand two hundred and eighty acres, in effect in two parcels in every township, was reserved to the Government, and as fast aa townships thereafter wore surveyed and sectionized, that the State became tbe owner of tbe sixteenth and thirty-sixth seotions absolutely, not only as to quantity, but as to position also. Township No. 13 was surveyed and properly subdivided-subsequent to the grant and prior to May HO, 1861 ; and since the dal of that occurrence, the State, by the effect of the grant, and by the law of the event, has been and is now the absolute and several owner of tlie sisteeath and thirty-sixth sections of tbat towfisbip as against the Government. If there is any legislation by Congress prior to the grant which would interfere with the conclusion, as the objection in effect supposes, it has not been brought to our notice ; and if thero has been any legislation since the grant that conflicts with the conclusion, it must be null and void, uuless, indeed, it has been acceded to by the grantees." The court here distinctly holds that when township No. 13 was surveyed and properly the State, by tbe effect of the grant and the law of the event, acquired an absolute and several ownership to the sixteenth and thirty-sixth sections. This is what I bold to be the true interpretation of the act, and I have no doubt tbat, after such survey, the title of tbe State in agricultural lands was vested and beyond the reach of Congress. I do not understand the reference by tbe court to possible legislation uf Congress to mean anything more tban that any subsequent legislation attempting M interfere with this Tested right would be null and void.

I find strong support for tbe view I have expressed Iu other portions of the act of March 3, 1B53, and in contemporaneous legislation. Tbe seventh section provided that where the sixteenth and thirty-sixth sections should be naemedforpaoWi veg before the tame ikmild be surrejed, other land should be selected by the proper authorities of tbe State in lien thereof. At the passage of the act no reservations of lauds for public uses. in CaliJbtnia, or comparatively none, had been made. The public lands were unsurveyed, and reservations would be needed for light-honses, forts, arsenals, fortifications, and Indian reservations. There were then over 60,000 Indians in the State, and provision would necessarily be required for them. In fact. Congress did provide for five Indian reservations in Caiilornia,of S3,0D0 acres each, on the very day this act was passed, (10 Stat., 236.) Is it for a moment to be supposed that Congress would, by tbe sixth ' section, give to tbe Stato an absolnto vested right in all lands that should fall upon sections 16 and 36, and iu tbe very next section provide tbat it should have uo right whatever in any of SEiid sections wbicb might thereafter be reserved, before survey, for

Eublio uses, hut should be compelled to take other lands iu heu thereof! 1 cannot beeve that it so intended.

In opposition to the reasons and authorities aboTe set forth, counsel for the Stato have cited several cases which they claim sustain a different construction of the act, and which I will now consider. Tbe first of these is Eutherford us. Greene, (3 Wheat., 196.) In 1783 the State of North Carolina passed on at:t by which the State reserved a tract of laud for the relief of officers and soldiers in tbe continental line, and appointed a board of commissioners to set off tbe lands allotted to each. The tenth section provided "that !i5,000 acres of land shall lie allotted for and given to Major-General Nathaniel Greene." Tbecommissionersallotted,000 acres to General Greene, andcaused the tract to be surveyed, which was done on iho 11th uf March, 1783. It was claimed that the words "shall be allotted" did not import a ant, and that the legislature, After the aUoiJitent and lurvfy, had made a different disposition of the land in controversy, but the court held that the title of Greene was valid. Chief Justice Marshall, in delivering the opinion of tbe court, said : "As the act was tJ be performed in futore, tbe words directing it are necessarily in the future tense. 'Twenty-five thousand acres of land shall be allotted for and given to Mij.-Gen. Nathaniel Greene.' GivenwUen*'

30 Report Op The Commissioner Of

TliB aiiMn-Kr is iiDavoidftble. When their shall bt alJotled. Given howl Not by anyfuture net, for it 18 not the praciiceof legiHlfttioo to enact that a law shall be passed by isuniu fntnre legielatnre, but given by force of this oot." "Nothing can be mote apparent than tbo intention of the lecislatDre to order these commissiontirB to niake the alliitmeut, and to give the land, when allotted, to General Greene." - " The general pR of 25,000 acres line in the territory reserved for the ofBcera and Koldieni of the line of North Carolina had now become a particular gift of the lt5,0UO acres contained iu the survey." "jt is clearly and unanimously the opinion of this conn that the act of 1783 vested a title in General Greene to 25,000 acres of land to lie laid off within the bounds allotted to the officers and soLdiecs, and that sunny, made in pursuance of that act and retnmed in March, 1T33, ga tie precision to that iilkaud iilladieit it to tke land mrreijei ; that his rights are not impaired by the act of 1783 and the entry of appctlajit, oil of which are mbMqiumt to lurveg."

It would he uifBcult for the learned counsel to find a case more in conflict with the doctrine which it is cited to support.

Iu Lcssienr vg. Price, (12 How., 59,} the Supreme Court construed the act of Congresti of March 6, 1820, (5 Stat., 545,) which enacted ''that four entire sections of land be, and the same are hereby, ((ranted to the said State (Missouri) for the purpose of fixing the seat of government thereof ; which said sections shall, under the direction of the legislature of said State, be located as near as may be iu one body, at any time, in sucli townships and ranges as the legislature aforesaid may select, ou any of the public lauds of the United St*tes."

Four sections were selected which were claimed under a New Madrid location, and it became material for the coart to fix the time at which titJe vested in the State to the lauds selected. The court said: "The land was granted by the act of 1820 j it was a preKHl grant, wanting identity to make it perfect; and the legislature was vested with full power to select aud locate the land ; and wo need only here eav, what was substantially said by this court in Rutherford m. Greeoe's Heirs, (2 Wheat., 196,) that the act of IB20 vested a title iu the State of Missouri of four sections ; and that the selootiou made by the State legislature, pursuant to the act of Congress, and the notice given of such location to the and the register of the local district where the land lay, gate pi-ecision to the title and attached to it the land aeUcted." And again: "The next inquiry is as to the date when the land selected attached to the grant. June 28, 1831, the governor of Missouri notified the surveyor-general of the fact that the land had been located by the commissioners, and awaited the action of the legislature, and on the list day of December,' 1821, the land was accepted by the legislature. The same act provides for laying off a town and the establishment of the seat of government thereon. And as the commissi oners had power to locate, and did so, subject only to legislative sanction of their report, aud that report was sanctioned, our opinion is that the acts were concurrent, and that the title refers to the first act, and therefore that the State took lilie from the 28tk of June, 1821, when the surveyor-general was notified that the location had been made."

Thus it appears that altbougli the court held that the grant was a present one, it also held that title to the particular sections did not vest on the 6th of March, 1820, the date of the act, but did vest on the 28th of June, 1821, the date when the surveyorgeneral was notified of the selection.

By parity of reason it should be held in the case now under consideration that although the grant to the State by the act of 183 was a present grant, yet it did uot vest title to sections 16 and 36 until a survey had been made which "gave preciiioii to the title and attached to it tlie land suTnes-"

In How la. The State of Missouri, (18 Howard, 126,) the coart held that the grant to the State of sectionals in contest, by act of March 6, 1820, (2 Stat., 547,) adopted by ordinance declaring the assent of the State thereto, July 19, 18, was not affected the subsequent confirmation by Congress of a Spanish claim theretofore rejected by the board. It appears, however, that the particular section in contest in that case was surveyed prior to the passage of the act coufiiming the. Spanish claim, and that three of the justices dissented from the opinion of the court, if intended go further than to hold that although the tenth section of the act of March 3, 181 1, prevented title from vesting in the State until final decision by Congress on the claim of Vall, (Spanish claimant,) yet the act of May 24, 1823, confirming lands to Vall, operated as such final decision, and excepted from confirmation so much land as was included in section 16 then surveyed.

In the case of Veeder r. Guffcy (3 Wis., 520) it was held that the act of Congress approved August 8, 1846, took effect upon the admission of the Territory of 'Wisconsin to the Union as a State ; Chat it vested iu the State the title, potentially, (o a quantity of laud equal to three sections in width on each side of the Fox River, and determined the location of the lands to be the alternate sections on each side of the river, requiring only the ministerial actsof survey, selection, and approval to render the specific parcels hich would fall to the State or the United States definite aud fixed, and that, by the nt, the State, upon admission to the Union, became seized of une-hatf of-tbe lauds

The Geneeal Land Office. 61

ou each aide of the Fos River ; and, tlie mode of partition being established by the rant, it waB competDt for tlie Statu to provide loodeH aod frmB of Bale, It will be noticed in tlie act of 1B46 are descriptive worda very disBimilnr from tboee uad in tbe act of lB53.beiDK asfuUowar "aquajiCity of land equal to one-balf of three sections iu width on eachsideof said Fox Hiver;" and also that hy the second section of the act it is distinctly provided "that, as soon as theTerritoryof Wiscousin shall be admitted aa a State into tbe Union, all the lands granted by this act shall be and become the property of the State." This express provision of the second section, and tbe peculiar character of the descriptive words, seem to have governed the court in its decision as to the time when t.tle vested in the State- Secretary Stoart, September 10, 1851, (1 Lester, 495,) in paasing upon the grant to Michigauof school-sections, ali'eady referred to, inciting the case of Cooper w. Roterte, (18 How., 173,) said: "I regard it as an absolute grant of every sixteenth section which had not, on the 23d June, 1M36, been sold or otherwise disposed of, whether then designated by survey or not." This decision was followed by Acting Secretary Otto, Jniy 10, 1867, in a case involving the construction of tbe act of 1853, under which the -State of California claims. In this case the Acting Secretary said ; "The sixth section of the act entitled ' An act to provide for the survey of the public lands in California,' &c,, approved March 3, 1853, granted to the State of California, of the publie lands, whether surveyed or nnsurveyed, sections 16 and 30, for thepniioses of public schools, in each township."

From (bis (notation it would appear that the Acting Secretary consumed the sixth section as Ibougb it read " with tbe exception of sections 16 and 36, which, whether -eatd or unaurr-eged, shall be, and hereby are, granted to tbe State for the purposes of public schools," &c. 1 think it should be construed as though it read as follows :

"And be it further enacted. That all the public lands in tbe StJite of Califbruia, whether surveyed or unsnrveyod, shall he subject to the pre-emption laivs of fourth of September, eighteen hundred and forty-one, with all tbe exceptions, conditions, and limitapose

B of public stdtools in each township, and with the exception of lands appropriated under the authority of this act or reserved' by competent authority, and excepting also the lands claimed under any foreign grant or title, and the mineral lands."

I have been shown a newspaper report of a late decision of the supreme court of California, in the case of Sherman vs. Baick, in which that court held that the act ot March 3, 1853, vested an absolute title in the State to sections 16 and 36 from the date of the passage of the act, and that Congress thereafter had no power to dispose of said sections before survey. The opinion ot the court is very brief. It cites and relies npon the former rulings of tbe court in the cases therein mentioned, which cases as I understand tbem, do Dot go to tbe fnU estent claimed for them.

This decision is not satisfactory to my mind, and I apprehend in not entirely satisfactory to tbe learned court which pronounced it, as I am informed that a rehearing has already been allowed,

I am satistied, upon full consideration of all the cases cited, and the exhaustive arguments of tbe able counsel representing all parties in interest, that the weiglit of authority is clearly in favor of the construction I have given above.

Second. Does tbe seventh section except from the grant land npon which settlement has been made prior to survey for other purposes than pre-emption appropriation !

The seventh section of the act of 1853 is in part aa follows :

" And be U further enacted. That when any settlement by tbe erection of a dwellingbouse, or the cultivation of any portion of the land, shall he made npon tbe sixteenth and thirty-sixth sections before the same shall be surveyed, or when such sections may be reserved for public use or taken by private claims, other land shall be selected by the proper authorities of the State in lieu thereof."

It is claimed on behalf of the mineral claimants that this section excepts the operation of the grant all lands in sections 16 and 36 upon which a settleiiient of any kind had been made prior to survey, by the erection of a building or buildings, or the cultivation of any portion of the land, whether such settlement was made with a view to pre-emption or for entry as town-sites, or otherwise. Ou the part of the State it is claimed that the exception includes only settlements made with a view to pre-emption, und that none other would protect sections IH and 36 from the grant.

The language of the seventh section is not so clear as to be entirely &ee fhira donbt, lint a careful examination of the terms used, and a consideration of the various objects evidently intended to be accomplished by Congress in its passage, will show, I think, that tlie exception inclndes mote than simply settlements with a view to pre-emption.

I call attention to the language used, " that where any settlement, by the erection of a dwelling-house, or the cultivation of any portion of the land, shall be made upon the sixteenth and thirty-sixth sections," &c. A person may erect a dwelling-house on, or he may cultivate, a portion of a tract of land without acquiring a pre-emption claim. Both the erection of a house and cultivation are requisite on the part of a pre-emption.

32 Repoet Of Thk Commissionee Op

If had intended' to limit tlie gettlemeDt to what is technically known aa a PK-eniption aettlument, I think, it would have used mote apt words to express such iDtent. It would have said " that where any pre-eniption aettlemeut shall be made," &0. It has done no tbiu){, but, on the contrary, has adopted sach a mode of expression as, to my mind, negatives the idea that a pre-emption eettlemeat alone was intended.

To limit the exception to settlemenU mcuie by prH-emptioD claimants would be to protect comparatively few of tlio attiial ststtleuieuM in any of the mlniog-distriots, and to award to (be State niauy very valuable and liiatiu(( improveaients made under aathorit; aod sauctiou of law and the usage of the country. It is a notorious fact tbat few, if any, aettlcmeuta in the early days of California were made in any portiou of the State fur the purposes of agriculture Emi);ration wa&draw to the State and Bettlements uiiule almost entirely with a view to developing and working the newlydiscovei'ed miuea. The miners located in villufjes aud ainaH settlements, cultivatiu the land only so tar as was necessary in folluwiug their occupation of mining. Under the couatruotion of tbe act contended for by the State, none of tbe settlements or improvements BO made were protected from tlie grant, except, perhaps, town-sites upon purely af'icnltnral lands. Is it reasonable to suppose tbat Congress intended to protect isolated pre-emption claimants, and at the same time grant to tbe Sttite tbu valuable Improvements of miners, and in some instances include whole villages in tbe vicinity of tbe wines t The eighth section of tbe act expressly provided that the public lands (not mineral) occu|>ied as towns or villages should not be subdivided or subject to sale or appropriation by settlement under tbe provisions of tbe act, but should be subject to tbe town-site set of May 33, 1844, except tonn-site on or near mineral lands, the inhabitants of which should baVe the right of occupancy and onltivatioD only until time as Congress should dispose of the same. I do not suppose it will be doubted that this section excepted from the grant to tbe State any such town-sites found by survey upon agricultural land iu seclious siicteeu aud thirtysix ; but if tbe construction of sections six and seveu, contended fur by the State, be allowed, it is clear tbat a town located un or near m ineral lands would pass to tbe State under the grant. Cau it be for a moment supposed Chat Congress intended to hold out inducemeiits to miners to settle on or nearmiueral lands in towusand villages, and by the very same act give their improvements away to the State, while protoctiug some, aud these the solitary agricultural settlers t

One of the great objects of the act seems to be in providing for the disposition of the public lands according to the various elements claiming recoitiou, and to protect each interest created from encroacbmeut by the others. The seventh section was iuteuded to protect all settlements made upon the public land before survey from tbe grant to the State, which, from its peculiai' nature as to hnal position, threatened every settler whose claim or improvements werfi not bounded by subdivisional lines of public surveys. This intention of Congress would be defeated by tbe construction contended for by the State.

I am of opinion, therefore, that Ibe seventh section of the act excepts from the grant to the State lands upon sections 16 and 36, upon which any settlement by the erection of a baildiug or buildings, or the cultivation of auy portion of tbe land, has been made prior to survey.

Third. Does tbe grant Include mineral lands in sections W and 3Gf

Id my opinion Congress, by tbe act of IMM, did not intend to grant, aud did not gran', to the State any mineral lands that, by survey, are shown to be in sections 16 and The act was passed soon after the discovery of tbe great mineral wealth California bod been made. The attention of the country and of Congress was called to the question of the disposition of such lands. No plan bad been adopted. Congi'essfurthe lirsc time undertook to legislate in regard to tbe public lauds in that State.

A careful examination of the act will show that Congress did not intend to dispose of any of its mineral lauds, but contemplated a future disposition of them. The eighth section provides tbat the inhabitants of towns located on or near mineral lands shall have the right of occupation and, cultivation " onli/ until luch time aa Congreaa shall dupoae of Ike same," It evidently did not then suppose tbat it was disposing of a considerable poition of them. Tbe act. In a great many of its provisions, very carefully reserves the mineral lands from ita operation. Thus, in the sixth section it iapruvidtHl that the mineral lands shall excepted from tbelanda subject to the pre-emption laws ; in the seventh section it is provided tbat no person shall obtain tbe benefits of this act "by a settlement or location on mineral lands;" and in the eighth section it is provided that tbe inhabitants of towns located on or near mineral lands shall have tbe right of occupation and cultivation ouly until such time as Congress shall dispose of tbe same; and in tbe twelfth section it is provided tbat the State shall bave the right to select two towusbipSjOr seventy-two sections, for the use of a seminary of learning; vided, kotrever. That no mineral lands shall be snhjeet to selection ;" and in the tbirtentb section the State is given the right to select ten sections for the purpose of erecting tbe public buildings of the State : " Protided, hotceKer, Tbat none of said selec-

THE a£N£BAL. LAND OFFICE. 3S

tions Bball be made of mineral lands." Wby'all this caie tmd painstaking to exolnde mineral landH Irom these minor proriuoDs if it were intended to Kive tlie 8tat mineral lands in tbe tniyoT provision rolatiuK to the sixttentli and thirt;-atith BectionaT I

tbinl£ Congress intended to leaeiTe alT tlie mineral lands thim tlie operation of tlie ai , and tbat there might bono doubt atwut this reservation as to the sixteenth and thirty - sixth sections, it expressly provided in tbe third section " that none other than iotunship- Unet shall be mrreged the lands are mineral." As I have before attnipted to show, tbe grant conld not take effect antil survey, and this third section, tvhich must be con- Irued as apart of the act, and in ctmnectum vtitb aU its other provisiove, expresal; prohibits tbe only survey that conld possibly locate these sections. It thrafbre, in connection tritt the other express reservations, satisfies my mind that Congress did not intend to make a grant of mineral lands to tbe State, and tbat tboee members of Congress who undertook to speak for the committees having tbe matter, in charge were correct when they stated in debate tbat no minerallondsweregranted by the act. (See Cong. Globe, vol, 25, pp. 1036-103a)

I regard the act of Jnly 36, 1866, as providing an exclusive method for appropriating the mineral lnuds of tbeUnite'l States. It was the first act passed by Congress, and perhaps the first ever passed by any government which undertook to dispose of its mineral lands. It provided in its first section, "Tbat the mineral lands of tbe public domain," (which is equivalent to saying all. the miueral lands of tbe public domain,) both aarveyed and nnsarveyed, are hereby declared to be free and open to exploration and occupation, by all citizens of tbe United States, and those who have declared their

subject to aach regulations as may be prescribed by law, and subject also to the local oaatoms or rules ofminers in tbe several mining-districts, 80 far as the same may not be in conflict with the laws of tbe United States."

It required every person claiming any mine to occupy and improve the same, and expend thereon in labor or improveraents not less than 11,000, and to do and perfonii certain other tbines. It limited the location of any iodividnai to two hundred feet along the vein, with an additional two hundred feet mr discovery, and any association to not more than three thousand feet, and required payment at tbe ("ate of (5 per oera. It provided that, when the miueral lands should be surveyed, the Secretary of the Intenor might designate and stuart such portions of the same as were clearly agrionltnrol, aud that tbe same should be aubject to pre-emption and aale aa other public lands. In short, it adopted a system for tbe disposition of tbe mineral lands, and such a system as would give every citizen an equal opportunity to engage in the bnaioess of developing them. It was evidently intended to be the only metliod by which mineral lands could be appropriated. It made no exceptions in favorof school or other grants.

If tbe Stato should obtain two sections in every miueral twnabip, it might establish a mineral system foT itself, and one in conflict with that of tbe General Government. In my opinion. Congress never intended to make sacb a stat of things possible.

No surveys of miueral lands were authorized or made until the passage of tbe act of July 9, 1870, (16 Stat., 217, sec. 16,) and long afl-t passage of the act of 1866.

1 am constrained to hold tbat no mineral lands were granted by the act of 1853. If 1 am in error, the State can lose nothing, for she has an easy method of presenting tbe qneation for the decision of the Bnpreme Court, where it will doubtless finally go. If, however, my decision shontd be in favor of tbe 8tat, and it should be erroneous, there would bo very many oases in which I am nnadviaed of any way by which tbe error eould be corrected.

I affirm your decision, and herewith return tbe papers transmitted, with your letter of the 31st of October last. Verv respectfully,

C. DELAKO, Secretary.

Hon. W. Drdmhond,

Commimoiier General Land-Offlee.

Coal-Lands.

TJoder tbe act of Congress approved March 3, 1873, (17 Stat, 607rVtbe followiog circular of instrnotiotiB bas been issued :

Dbp& of the Intsbior, Obmerai. Lun>-OFPiCB,

Wathington, D. C, April 15, 1SI3.. Q11MTI.EMSN : Tbe act of Congress approved Match 3, lg73, entitled " An act to provide for tbe sale of the lands of tbe United States containing coal," is as fuller8,.to wit:

" Ay ACT to pTDTlde for the sals tbe tanSt of the ITnlted Statea conUlnliijc cdbL

" Beit enacted bji the Senate and Rmue of BepreailaHte of the United Statei of America te Congreu oMeinbled, That any person above the age of twenty-one yeaiSrWha-isaoit- 3 OLO

34 Bepobt Of The Couuissioner Of

izeu of the Unlt States, or wbo has declareil bia iatentioD to become iucb, or any aBBiiciatiua of persona aevemlly qualified as above, ahall, npon application to tbe register of (he proper land-office, have the right to motor, b}' legal BDbdivieionB, anyqnaDtity of VHcant coal-lands of tbo Uoited States Dot otherwise appropriated or served b; competent autborit; , oot exceedioc one bnndred and sist.v acres to such iDdividnal person, or three buodred uaH tweoty acres to such association, upon payment to tbe i-receiver of not less than ten ilollars per acre fot such lands where the same shall be tuated more than Stteeu mites from any completed railroad, aod not less than twenty dollars per acm for such luuds as shall be within fifteen milee of road.

"SfX!. 2. That any nion or association of persons severally qualified as above nbo have opened and improved, or sball hereafter open and improve, any coal mine or mines npon tbe public lands, and shall be in actual possession of the same, sball be entitled to a prelernce right of entry, under tbe foregoing provisions, of tbe mines so opened and improved : Frovided, That when any associatTon of not less tbim tour persons, severally qualified ae in section one of this act, shall have eipencded not less than live thou Band dollara in working and improving any such mine or mines, such association may enter not exceeding six hundred andlbrty acres, including niiaiug improvenieuts.

" Sko. :). That all cliiims nuder section two of this act most be presented to the register of the proiier laud-district within sixty days after tbe date of actual poHsesstoa and tbe conimeiicemeut of improvements on the laud by tbe filing of a declaratory statement therefor ; Proridfd, That when tbe township-plat is not on file at the date of improvement, filing mnat be made within sixty days from tbe receipt of plat at tbe district office : And prorided farther, That where tbe improvements shall have lieu made prior to tbe expiration of three months from the passage of this act, sixty duys ft'om the expiration of said three months shall be allowed for tbe filing of a declaratory statement, and no sale under the provisions of this act shall be allowed until Ihe expiration of six months from the date hereof.

" Sec. 4. That this act shall be held to authorize only one entry by the same person or association of pei'sons under its provisions; and no association of persons, auy member of which shall have taken tbe benefit of this act either as an individual or as a member of any other association, shall enter or hold any other lands under tbe provisions of this act; ami no member of any association which shall have taken the benefit of this act shall enter or hold any otlier lands' under its provisions; and alt peisons claiming under section two hereof sUoll he required to 'rove their respective rights and pay for the lands filed n))on within iluoyearl'rou the time prescribed for filing their respective claims; and upon failure to Hie the proper notice, or to pay for the land within the required {period, the same shall be subject to entry by any other qualihud appli-

" See. 6. That in case of conflicting claims upon lands where tbe improvements .sball he herlter commenced, priority of possession and improvement, followed hy proper fllinu and continued good faith, shall determine the preference right to purchase. And ubo where improvements have already been made at the date of the pas- .suge of this act, division ot the land claimed may he made by legal suhili visions, to include, as near as may be, the valuable imprsvementa of the respective parties ; and the Comniissiiiner of the General Lnd-Office shall he, and is hereby, anlborizeil to issue all ueedlul rules and regulations for carrying into efl'ect the provisions of this act.

" Sec. 6. That nothing in this net shall be construed to destroy or impair any rights which may have attached prior to its passage, or to authorize the sale of lauds viuuable for mines of Id, silver, or copper,"

Your attention is called to the following points:

1. Tbe sale of coal-lauds is provided for—

Ist. By ordinary private entry under section one.

By granting a preference right of purchase based on priority of possessioit and improvement under section two.

2. The land entered under either section must be by Ital tabdivUiong. as made by tbe regular United States survey ; entry is confined to surveyed lands; to such as are vacant, not otherwise appropriated, reserved by competent authority, or containing valuable minerals other than coal.

3. Individuals and associations may pnrcbase; ifar one years of age and a citizen of the United States, c become such citizen.

4. If an association of persons, each must be qualified as above.

5. A person is not diqnalilied by the ownership of any quantity of other land, nor by having removed from his own land in the same State or Territory.

fi. Auy individaal mity enter hy lett suhdiviuous as aforesaid any area not exceeding one hundred and sixty acres. 7. Any association may enter not to exceed three hnodred and twenty acres. B. Anynssociationof not less than foorpersonsduly qualified, who shall haveexpended 'Ot less than $5,000 in working and improving any coal mine or mules, may enter under

The General Lakd Office. 35

BectioD to not eixceediog sis hundred and forty sores, incladiDg sncli inmiiig impiove-

9. Tbc price per acre in $10 where an J completed railroad ; and $20 per

10. Where the land lies partly wirtin fifteen miles of such road and in pari outeide Bach limit, the mozimnm price niQSt be paid for all legal subdivisions the greater purts of which lie within fifteen milea of such road,

11. The term "completed railroad" isheld to mean odc which is actually constructed on the face of the each ; and lands within fifteen, miles of any peint of a railroad so cocetracted will be held and disposed of at $20 per acre.

13. Any duly qualified peraon or association mast be preferred ae parcliasei of those public lands on which they have opened and improved, or bUhII opeD uud improve, any coal mine or mines, and which they shall have in actual possesiOD.

13. Possession by ageut is recognized as the possession of tlie principal. The clearest proof OD the point of agency must, however, be required in every case, and a clearly defined possession must be established.

14. The opening ad improving of a coal mine, in order to confer a preference right of parchase, must not be considered as a mere matter of form; the labor expended and improvements made must be such as to clearly indicate the good faith of the claimant.

15. Tliee lands are intended to be sold where there are adverse claimants therefor to the party who by substantial improvements, actual possession, and a reasonable industry shows an intention to continue his development of the mines, in preference to those who wojild purchase for speculative purposes only. With this view, you will require SQoh proof of compliance with the law, when lands are applied for under section two, by adverse climaats as the circumstances of each case may Justity.

16. In conflicting claims, where improvement has been made prior loMarck 3, 1873,

S'on will, if each party make sabsciTuent compliance with the law, award the land bg egal so as to secure to each, as far as possible, his valuable improvements ; there being no provision iu the act allowing a joint entry by parties claiiuiiig separate portions ot the same legal snbdivisioD.

17. In conflicts, when improvemetjta, Ac, have been commenced subsequent to March 3, 173, or shall be hereafter commenced, priority of possession and impi-ovement Bliall govern the award when the law has been fully complied with by each party. A ratio possession, however, without satisfactory improvements, will not seunre the tract to the first occupant when a subsequent claimant shone hia full compliance with the law.

13. After an entry has been allowed to one party, you will make no investigation concerning it at the instance of any person, except on inettuctiitns itom this Office. Yon will, however, receive all affidavits concerning such case and forward the same M this Office, accompanied by a statement of the facts as shown by your records.

19. Prior to entry, it is competent for you to order an investigation, on sufficient grounds set forth under oath of a party in interest, and substantiated by the affidavits of disinterested and credible witnesses.

SO. Notice of contest in every case where the same is practicable, be made by reading it to the party to be cild and by leaving a copy with him. This notice must proceed from your office and be signed by the register or receiver. Where such personal service cannot be made by reason of the abseuoe of the pitrty, and because his whereabouts are unknotrn, a copy may be left at hia residence, or if this ienukuonu, by posting a copy in a conspicious place on the tract in controversy, and by publicatiuu in a weekly newspaper having the largest central oircitlation in the vicinity of the land, (where no newspaper shall be specilied by this Office.) for five consecutive insertions, covering a period of four weeks next prior to tbe trial ; and in each case requiring notice, a copy must be forwarded with tbe returns to this Office, accompanied with proof of service by affidavit indorsed thereon.

21. In evety case of contest, all papers in the same must be forwarded to this Office for review before an entry is allowed to either party.

3S. Thirty days from your decision will be allowed by you to enable any party

23, No appeal wil. district laud-ofBce.

S4. The party may still farther appeal from the decision of the Commissioner of the General Land-Office to tbe Secretary of the Interior. This appeal must betaken within sixty days after service of notice ou tbe party. This may be filed with the district land-officers and by them forwarded, or it may be filed with the Comujissiouer, uud must recite the points of exception.

25. If not appealed, the decision is by law niailo final. (See section 10, act Jnne 1-2, 1658, United Stales Statutes, volame 11, page :l.) After appeal, thirty days are usually allowed for filing arguments, and tbe c.ise is then sent to the Secretary, whose decision is filial and conclusive.

Ltiioj=,Cooglc

&#x27;36 Bepobt Of The Comuissioiteb Of

26, Mariner of obtainioe title : First, by private entry- The party will jvesent the

follonini! application to tne reglBter, and mil make oath to the same:

" I, , hereby apply, nniier the proviBions of the act approTed Harch 3,

1B73, entitled 'An act to provide fortbeaaleoftbelandsof the Uaited States containing

coal,' to purchase the quarter of section , in township , of range .

, ia the district of lands snbject to sale at the land-offlce at , and containing acres, and T solemnly snesr that no portion of said tract is in the possession

of any other party; that I am twenty-one years of age, a citizen of the United States, (or have declared my intention to become a citizen of the United States,) and have never held nor purchiwed lands under said act, either as an individual or as a member of an association ; and I do farther swear that I am welt acquainted with the character of said described land, and with each and every legal subdivision thereof, having frequently passed over the same ; that my knowledge of said land is snoh as to enable me to testify nndorstaniliuglywithregard thereto; that there is not, to my knowledge, within the limits, thereof, any vein orload of qoartzoc other rock in place bearing gold, silver, or copper; and that there is not within the limits of said land.tomy knowlMge, any mineral deposit other than coai. So help me God.

To this affidavit the register will append the nasal Jnrat.

W. Thereupon the repsterjif the-tract is vacant, will eo certify to the receiver,

stating the price, and the applicant then pay the amount of the purchase-money.

28. The receiver will then issne to the purchaser a duplicate receipt, and at the close of the month the register and receiver will make returns of the sale to the General Liand-Office, from whence, when the proceedings are found regular, a patent or complete title will be issued; and on surrender of the duplicate receipt patent will be delivered at the option of the patentee, either by the Commissioner at Washington, or by the register at the district land-oEIlce.

20. This disposition at private entry will be snbjeot to any valid prior adverse right which may have attached to the same land, and which is protected by section 2.

30. Second. When the application to parchase is based on a priority of possession, &c., as provided for in section 2, the claimant must, when the township-plat is on file in your office, file his dettaratory statement for the tract claimed within sixty days from and after the first of his actoal possession and improvement. Ststy days, exclusive of the first day of possession, &c., be allowed.

31. The declaratory statement be substantially as follows, to wit :

" I, , being years of age, and a citizen of the United States, (or

having' declared toj intention to become a citizen of the United States,) and never having, either as an individual or as a member of an association, held or parcfaased any coal-lands under the act approved March 3, 1BT3, entitled ' An act to provide for the sale of the land of the United States containing coal,' do hereby declare my

intention to purchase, under the provisions of said act, the quarter of seotioa

, in township , of range , of lands subject to sale at the district labdoffice

at apd that I came into posseBBion of said tract on the day of ,

A. D. 18 — and have ever since remained in actual poeaession continuously, and have

expended in labor and improvements on said mine the sum of dollars, tiie labor

and improvements Miing as follows : (here describe the nature and character of the improvements ;) and I do furthermore solemnly swear that I am well acquainted with the character of said described land, and with each and every legal subdivision thereof, having frequently passed over the same ; that my knowledge of said land is such as to unable me to testify nnderstandingly with regard thereto ; that there is not to my knowledge within tbe 'limits thereof, auy vein diode of quartz or other rook in place bearing gold, silver, or copper; and that there is not within the limits of said land, to my knowledge, any valuable mineral deposit other thau coal.

32. When the township-plat is not on file at date of claimant's first poeseesion, the declaratory statement be filed within sixty days from the filing of such plat in

your office.

33. When improvements shall have been made prior to June 4, 1873, the declaratorf statement must be filed within sixty days from that date.

34. Xo sale nuder this act will be allowed by you prior to September 4, 1973. OnA year from and after the expiration of the period allowed for filing the declaratory statemeut is given, within which Ui make proof aud payment, but you will allow no pai'ty to make final proof and payment except on notice as aforesaid to all others who appear on your records as claimants to the same tracts.

35. A party who otherwise complies with the law may enter the expiration of said yeSiT, provided no valid adverse right shall have intervened. He postpones his entry beyond said year at his own risk, and the Government cannot thereafter protect him

'aiust another who complies with the law, and the value of his improvements oas e no weight in his favor.

The General Land Office. 37

36. One person cao have tb benefit of one entry or filing onfy. He is disqaaJifiel b; liaTlDg madesucb entry or filing slone, orasa m ember of an association. No entry can be allowed au aesociaUoD which ha£ in it a Binglepersonthna disqualified, as tbe law prohibits the entry or holding of more Iban one claim, either by an individual or ao aaaoctatioD. Toil are to allow no entry under this act of lands coutaining other valuable linerala. You will determine the character of the land under the present rales relative to agricaltnral and mineral lands. Those that are fiufflciently valuable fur other mineiala to prevent their entry as agricultural tands caouot be entered under this act.

37. AsBtgDments of the right to purchase under this act will be recognized wfaen properly executed. Proof and payment muat be made, however, within the preecrilied period, which dates tiom the first day of the possession of the assignor who initiated the claim.

38. Yon will ao consume this act in its application as not to destroy or impair any rights which may have attached prior to Mch 3, W7'3. Thoee persons who may have initiated a valid claim under any prior law relative to coal-lands will be permitted to complete their entries under the same.

' 39. You mill report at the close of each month as " sales of coat-lands " all filings and entries under this act in separate abstracts commencing with number otie, and thereafter proceeding consecutively in the order of their reception. Where a senes of numbers has already been commenced by sale of coal-lands, you will continue the same withoDt change. The affidavit required irom each claimant, under section 3, at the' time of actual purchase will bo as follows, to wit :

'.' I, , claiming the right of purchase under the act of Congress entitled

'An act to provide for the sale of the lands of the United State containing coal,'

approved March '.t, 1873, to the— — —quarter of section , in township , of

range , subject to sale at , do solemnly swear that I have never had (he

right of puiuhase under this act, either as an individiiol or as a member of an association, and that I have never held-any other lands under its provisions ; I further swear tiiat I have expended in developing coal-miaes on . said tract in labor and improvements

the sum of dollars, the nature of such improvements tieing as follows :

] that I am now in the actual possession of said mines, and make

the entry tor my own use end benefit, and not directly or indirectly for the use and benefit of any other part; ; and I do furthermore swear that I am well acquainted vith the character of said described land, and with each and every legal subdivision thereof, having frequently passed over the same; that my knowledge of said laud is such as to enable me to testify uudeistandingly with regard thereto ; that there is not, to my knowledge, within the limits thereof, any vein or lode of qnarte or other rook in

Cce bearing gold, silver, or copper; and that there is not within the limits of said d, to my knowledge, any valuable mineral deposit otbta than cooL So help ine God.

40. In case the purchaser shows by an affidavit that he is not personally acquainted with the charaetei of the land, his duly authorized agent who possesHes such knowledge may make the required affidavit as to its character; but whether thiu affidavit is made by princip4t or agent, it must be corroborated by the affidavits of two diainter- Bted and credible witnesses having knowledge of character.

Wuais Deummond,

CoMtniesumer, To BxaiSTEBS and Receivers,

Peivate Lakd-Claims.

Oalifobnia.

Maeb difBculty has been experienced by this OSBce in determining questions of fact connected with the location of private iand-claims in California, tbr the reason that under former practice and regnlatioos testimony vials taken and submitted in the form of ex-parte affidavits, which oiteu served rather to conftise than explain the matters in controversy. To remedy this defect and scare a better class of evideuce a letter, of which the following is an extract, was addressed to the Unitedi States sorvejor-general of California :

38 Bepobt Of The C0Hui8S10Ner Of

Department or the Interior, Oekrrai. Land-Office,

ITatkingtoH, D. C, August IS, 1872.

Sir : Vy attention has been called to the insafflciency of the ar-parle testlmoii; offered aa proof iii the detei'miiiBtion uf the varioUH and important questiunB cODliuually arising the ailjodicutioQ of Hurvoysof private laud-cUiniB in Calil'nrniik, and, mitli it view of obtainio); more reliable cviilcuce in Biich citseH, ;oa are hereby directed in all future cases of objectlnu to tbu survey of apcivat laud-claim, duly publiabed according to law, to notify the pBrr.ii-in iutereat that the testimony of no nitnesa hereafter examined, and i*bne itateoieots are tendered to prove or disprove auy of the matters in I'ontroveray, will be receiviid unless said testimony shall have been taken noder oath, hefora yon ot the clerk of Home court of record, after notice to adverse parties of the time and place of talcing such testimony and an opportunity given for cross-ezauiinatiuu. It is desired, then practicable, that evidence of this cfaaraeter should be takea befitre you, but, to avoid inconvenience ttt parties living at a <li8lance from San Francisco, it is thought proper lo permit them to go before some one of the oEQcers above diiuimI. In all cases, however, in which each evidence is not taken by you, the oQicera before whom it may be taken must transmit it under eeal direct to your office.

lu snbntilling to this Office docnmeots filed as evidence in coses of objection to n survey as aforesaid, you will exercise due care that no such document be considered by Tou as evidence, or transmitted to thie Otiloe as such, until all the parties in interest liiive had an opportunity to inspect the same.

Respectfully,

Willis Drummond,

J. R. 11 Ai

Uiiittd Staim SuriKyor-Grneral, Sub JVaneiaoo, Cat.

AnionR the rulings which have been made during the past year, and wlii<:h iifl'f (;t a iiuinber of claims Dot adjudicated, are the t'ollowiug :

Itimcho Ouadatupe, Diego Olivera and T, Arelianea, confirmees, — Id this case it was decided by this Office :

1st. That a newspaper dated and first distributed in the town of Santa Biirliara, in Banta Barbara County, Cal., was published in Santa Barbara, allliough said paper was printed in San Francisco, Cal.

2d. Where a survey bad linal by publication under the act of June 14, 18fiO, and a patent in accordance with such survey bad been duly signed, sealed, recorded, sent to the United States surveyor-general lor delivery, subsequently recalled, a new survey made, in acconlauce with the provision of the act of July 1, 1864, (15 Stat., p. 33:i,) approved by the Commissioner of the General Land-Office, and a for such resurvey signed, seated, recorded, transmitted to the UnitedStatesBurveyor-generalfordelivery, and recalled without the eonsentof the parties claiming possession thereof, that in such a case the first piiteut having been legally executed, was the patent to be deUvered to the parties in interest, and that said first patent having been legally esecuteil, there was no authority of law for the issue of the subsequent patent, which was void ab initio, and might properly be recalled by the Coinmissiouer of the General Land-Office.

Affirmed on appeal March 26, 1873.

Battclto La Brm, confirmed to Antonio Jo6 Bocka et al. — In this case this Office held that it had jurisdiction to examine the validity of the conveyances of a rancho, so far as to be enabled to decide who, under such conveyances, was entitled to select the quantity of land confirmed within larger exterior boundaries to the claimantorclaimauts by the board of laud commissioners for California, or United States courts.

Affirmed on appeal March 21, 1873.

liancho La Oarbonera, William Bocle, confirmed. — In tiis case a portion of the rancho, as granted, conflicted with ihe boundaries of the Gancbo, Cailada del Bincou, which had been confirmed and patented by the nited States. Both ranchos were for quantity wittiin large exterior

The General Land Office. 39

limits, and prior to confirmation the title in eacli case was equitable only, the claimant of neither having received juridical possession from the Mexican authorities. The record showed that the Eancho La Carbouera had the older grant, and under the doctrine of. relation as laid down in Grisar m McDowell, (6 Wall., 380,) and Lynch m. Berual, (9 Wall., 315,) it had also the older confirmation. The Supreme Court of the United States having also ruled, in United States vs. Amij©, (5 Wall., 444,) that the right of selection could not be exercised so as to defeat the equitable prior rights of others, it was held by this Office that La tjarbonera having the older gram and confirmation, bad the prior equity, and was therefore first entitled to selectitsqnantityof land, and that for the land thus selected within its exterior boundaries and interfering with the Bancho UaSada del liincon a patent should issue reciting said interference. Affirmed May 21, 1873.

Mission La Purisima, JosS Bamon Malo, confirmed. — In tbiscaseitwas decided on appeal that the first section of the act of June 14, 1860, relative to the publicatioti of notice of surveys for four weeks in two newspapers, required that for some part of the four weeks the notice should be simultaneously publishing in both newspapers.

A question having arisen as to the construction of the second and third sections of the act of July 1, 1864, this Office addressed the following letter to the honorable Secretary of the Interior :

Dkfaktment of Tim Ikterior, Genrrat Land-Office,

JPaskingtoH, D. C, Juh 4, 1873. Sir; The second section of the act of ConffreasapprovedJuly 1,1864,(13 Stat, p. 332,) enactB Ihiit the provisions of eeotioo 1 of said act aliall apply to all surveys aud plata by Ihe siirve.v or-general of California theretofore made, which bud not been approved by ODe ot* the United Stat<?B district courts for Califoroia, or the ComuiissioDer of the General Land-Office : "Provided, That where proceedings for the correction or confirmatioii of a survey are pending ou the passage of thiaaotinoneof thesaiddiiitTJct courts, it Ghull be lawful for such district court to proceed and complete its examination and determi nation of the matter, and its decree thereon shall be subject to appeal to tbe circuit court of the United States for the district iu like manner, and with like effect, as hereafter pi'ovideU for appeals in other cases to the circuit court; and such appeals may be ia like uianoer disposed of by said circuit nutt."

I'he third section provides for appeals from the district to tbe circuit court, and that "the said circuit court shall have power to afBrm or reverse or modify the action of the district court, or order the case back to the surveyor-general for a now survey. When the case is ordered back for a new survey, the subsequent survey of the surveyor-general shall be under the supervision of the Commissioner of the General Laud- Office, aud not of the district or circuit court of the United States."

A cousiderabfe numberof surveys were made and ordered into the district court prior to the act of 1(, some of which were rented prior and some subsequent to tlte at aforesaid, and new surveys ordered, the decree of rejection in most cases specifying minutely the various changes to be made iu the lines of the rejected survey. No appeal bavine been taken, these resnrveys were made by the surveyor-general after-the date of said act of 1864, aud iu a number of instances returned into the United States district court aud there approved, and no appeal taken from the deci'ee of approval.

With this statenieut 1 have the honor to request instructions as to whether the approval of a reaurvey, as above described, returned into court and approved after the passage of the act of 1864, is final ; or whether such new survey is under the control of this office, as would have been the case had it been made aiter July 1, 1864, pursuant to a decree of the circuit court.

1 ani, sir, voiv respectfully, your obedient servant,

Willis Deummond,

CoiamUvioaer. Hon. C.

Secreiarg of ihe Interior.

The Secretary having duly considered the matter, replied as follows :

Department of the Interior,

Waeltingtoti, D. C, 3, 1872. Sia : I have considered the question propounded in your letter of tha 4th iiltimi

.Cociglc

40 BEPOBT OF THE COUHISSIOimBB OF

relating to the conetractioD of tlie Mcond and tliird seotionH of the act of July 1, IBM, to expedite the settlement of titles to laud in tlie State of California. You Btate that there is a coDBiderable Dambei of survejB which were made and ordered into the district prior to the passage of said act, some of which were rejected by &aid ooatt prior auil soioe subeeiiaent to the paaeage of said act, and you ioqaire whether the approval of a reenrvey, returned into court and approved after the ssage of (he act, is final, or whether such new survey is under the auperviHion of the CommisBiouer of thu General I.and Office, as it would have been bad It been ordered by the circuit court after the passage of the ant.

The third section allows an appeal, in certain cases, from the district to the circuit court, and gives the circuit court power "to order the case back to Iheaorveror- Eeneral for a new survey." When this is done it provides that the new and Bubseqneut survey of the surveyor-geuetal shall be onder the enpervisioa of tbe CoDnnisaiouerof the General Laud OfBce, andnotof Ibedistiict or oitcuit courtof tbe United Statea."

The word district as well as circuit court being used, must be construed tdiave some meaniu|{. It will not be presumed that it was nsed without any signification, and I can see do object in makiuK use of it in the connection in which it stands unless it was intended to mean that the district, like the circuit, court should not supervise a new survey, made by its order, but the same should be under the control of the Commissioner of the General Laud-Offlce.

This constrnction gives effect to all the wolds of the act. The circuit cort U dearly deprived of the power to supervise the sabaeqnent snrrey. If that is a wise provision when applied to the circuit cunt, it would aeem to be a wise one when applied to the district and inferior court.

On tbe whole I am of opiuiou that thoee new surveys which have beeo ordered tbe district court, after the passage of the act, (July 1, 1064,) are select to tbe supervision of the Commissioner, and that those which bare been oideted before tbe passage of tbe act are not subject to bis supervision. Very respectfully,

C. DELANO, Stentary.

Hon. WiuJB Drummond,

CoMniwioMer Qaterat Lmti-Ofiee.

During the year ending Jtiiie 30, 1873, the Burveys of twenty-three private latKl-claims were received from the United Slates aurveyor-general for Ualifoniia, aod duriog the same period forty-two patents lor similar claims were prepared by this Office, and transmitted, for delivery, to the parties in interest.

I have the honor again to call attention to the condition of private land-claims in the remainder of the territory acquired by the treaty of Ouadalupe Ilidalgo, and also to milar claims located in the territory, acquired bythetreatycommonlyknownaatheGadsden parehase. Some provision for the speedy adjustment of these claims sboald be made at an early day, so that parties, whose rights are guaranteed by treaty, may be to obtain a United States title to their possessions, as in the case of like claims in Galiforoia, and the United States be given an opportunity to show the invalidity of such claims as may now be httle under fraudulwit Mexican or Spanish grants.

Claims Is Louisiajja And Othbe Southbew States.

Relative to the issue of certificates of location under the act of Jnne 2, 1858, (11 Stat, p. 294,) for private laud-claims in Louisiana, this Office, on tbe 26tb of August, 1872, issued tbe following instructions :

Depaktuemt of the Interior, General Lamd-Office, Washington, D. C, Auguet 26, 1873. SiBi By the firstsectionof theaot of Congress approved March 3, 1819, entitled "An ... c]„iQjB to land and establishing laud-ofQoes in the 'districts east of the Tleans," certain claims to laud ibrived from the Spanish ui Bdtiah gov-ar

adjusting d ofHew Oi

The General I.Ani&gt; Office. 41

enunente are recognized aa yaJid and complete title*, and by tbe second section, other olaina ibnnded ou written evidence of title, though incomplete, are confirmed ; but DO claim is confirmed b; the second section to any person to whom the title to a tract of land is recogniEed by the first section. By the third section of said act a grant, as a donation, is made to a does of claimants and octnal settlers who bad no written evidence to sustain their claims, bnt who had actually inhabited or cultivated the lands Dlaimed or settled on prior to tbe I5th day of April, 1S13 ; but it is provided that such grant, as a donation, shall be limited to a quaDtity not eioeeding 640 acres to one pernnn. And fhA.t no IaeiiIh 4hAlk hi4 t.htiH crrftntjWt whiOrh Are nlninied nr rMVicrnized by

ii,eoUt

listing land-oSlces in the districts east of the island of New Orleans," certain claints to land derived trom the Spanish and British governments are recognized as valid and complete titles. By the second section other claims, derived from the same source and based upon written evidence of title, though incomplete, are confirmed, and by the third section, as in the act of March 3, 1819, a grant, as a donatjou, in made to certaia claimants and actual settlers, wbo had no written evidence to siietaiu tboir claims, bnt ho had actually inhabited or cultivated the lands claimed or settled on prior to April 15, 1813, bnt this grant is limited to a quantity not exceeding 640 acres to one person, and it is provided that no lands shall be thus granted which are claimed or recognized by sections 1 or 2 of said act, or by virtue of the confirmation under the aot of March S, 1619, aforesaid. By tbe act of June 2, 1858, entitled "An actto provide fbr the location of certain confirmed private land-claims in th e State of Missouri, and for other* purposes," it is, among other things, provided that " where any private landclaim has tieeu confirmed by Congress, and the some, in whole or in part, nos not been located or satisfied, either for want of a specific location, prior to such confirmation, or for any reason whatsoever other than a discovery of fraud in such claim subsequent toencb confirmation, it shall be tbeduty of theeurveyor-xenerslof thedistrictin which ench claim was situated, upon satisfactory proof that such claim has been so confirmed, and that the same, iu whole or in part, remains nnsalisfied, to issue to the claimant, or hialegai representatives, certificate of location foraqnantity of land equal to-that so confirmed and unsatisfied."

Under the provisions of this last-named act I observe that numerous applications have been made to your office for certificates of location, not only by those peisons who bad claims condrmed to tbem in express terms, by acts of Congress, but also by those

(ersons to whom CouKress bas made granM us donations. Were it an original question would not feel justified in recognizing these donation claims as coajirmed private luid-olajms, fur two reasons :

1. Congress made donations to claimants er actual settlers where it appeared from the lists or registers which it had before it for consideration, that " tbny had actually inhabited or cultivated the land claimed or settled on, on or before the 15th day of April, IeIIS ;" and as such registers and lists do sbow that certain claims were so inhabited and cultivated, and fail to show it as to other, the natural construction of tbe act wonld be to confine its benefits to oases where it is shown by registers or lists that tbe land had been so actually inhabited or cultivated, to exclude all others. Congress did not, it appears to me, infer inhabitation or cultivation &om the fact of settlement, aud, therefore, by the terms it used, it required the inhabitation or cnltivation to be shown by the registers or lists themselves.

2. I am not satisfied that a simple donation or gift of a tract of land, which has not been surveyed or segregated from tbe public domain, to a party whose claim or riu;bt to the same is not recognized, is a confirmed private land-claim. The donation centers upon the party a privau) land-claim, and should Congress, subsequently, upon its being aorveyed and set apart from the public domain, confirm such survey, it then unduubtedly becomes a coujirmedpriitate land-claim.

But the questions presented are not new. It appears, by the records and usages of this Office since 1819, that all who made settlement prior to April 15, 181:1, have been regarded as entitled to donations ; and it also appears that this class of claims have tKHtu uniformly regarded and treated as amfimeii private land-ataimii. This construotionhas been adhered to so long that notwithstanding I entertain doubts as to its being legitimate and correct, I am compelled, though reluctantly, to acquiesce in and follow the same as tbe established rule of the Office ; but while doing so I feel it incumbent apon me to enjoin upon you tbe exercise of the utmost care, vigilance, and circnmspectiun in examining and passing upon applications for certificates of location, and to direct your attention to the of the law authorizing their iseui;. Tbe act only authorizes tbe issue of certificates of location "where a private land-claim has been confirmed by Congress," and requires you —

1st. To take satisfactory proof that such claim has been so confirmed.

2d. To take satisfactory proof that the same, in whole or in part, remains nnsatisGed.

K the proof is not clear and conclusive on Irath of these points, you have no right to issue certificals of location in any case. To decide either or both of these qnestiona.

42 £EPOBT OF THE COlOnSSIOKEB OF

it will be necesBary tot yon, as a prelim i nary step, to ascertain aud determine the exact locatiuu of eacli ulaiiu so it was onciDally made.

Tliis will cli'arly appear if we coiixiiler the fHct tbat Congress, by tbe second section of tbe act of Mun:h :!, ItflS, eiclixled from confirmation by tbat secCiou tbe claims of any p(-rHoii tu wboiu tlie title to uuy tract bad beD recognized by the liisC sttctiuu, aud by Ibu t bird section eicliuledlVomgrHnts, lands rs bad beeuiecognizcd or confinni'd by Ibv first or sword seclioD ; and again, by tbe third section of tli act of May li, lifii, CoOfeM expnissly piovitled that uo lands shoold be granted as dopalioDs wbicb had \KiaD claimed oi rucognisted hj tbe first and second sections uf that act, or by virtue uf thu cou&nation under the act of March 'i, 1K19. It follows, as a matter of couise, tbat where there is confiict, and tbe prior aud superior confirmation t.ik<-e precedence, anil the lauds covered liy the secoDd or inferior claim are excliidfKl from cunlirmation, that yon cannot determine whether a given claim is conflrmeil or not until you have ascertained and determined its precise locality. Again, tbe definite locution of such claim is necessary to pi'event the Guverumeut from being dffraudtil by the duplication of claims by tbe ongiual confirmees or axsigaees, lor I observe tbat the susie (party is sometimes on two or more Hats.

Tbe locution of the claim is also necessary to a determination of tbe area or quantity, for tliese eonfimiatinns or donations were for lands in place of the lands which bad been claimed and inhabited or cultivated, and were not iu l.be nature of floats, to be located wherever the party might designate, aud for a cuautity uot originally embraced in the claim or settlement. The qnautity covered by tbe original claim or settlement whs not enlarged by tbe donation act, ibut in tbix reujiect the acts are clearly rtrictive, and limit the party to 640 acres, or less quantity as he bad embraced in bis original location.

The rough estimate of quantify made by tbe party in presenting his claims before survey is not oouclusive, and tbe quantity to which a party is enCiCled can only determined by a detlnit location of his claim and tbe ailjustment of cunSicts, aud it has occurred tbat tbe quantity originally claimed has been much reduced by a pi'elise location of lines, in the absence of any contest, or by the adjustment of conflicting intivesls in cases where the inferior title had to yield to the superior. The Liw ia, iu my opinion, uotonly clear on these points, but my interpretation of it is sustained by the usage aud practice of tbe OEQce fi:om 1619 to the present time. It was nut nniii the act of June 'J, 18o% authorizing the issue of cerlillcatesof location, that a claim could he treated at a "float," and that act would not have become a law if

parties hud been previously allowed to locate their claims according to their choice ; ut as they had been confined to the lauds tilled on and iaiabited or cultiraled, and the original settlement and iuhubitaCioD or cultivation and determined the locality of tbe claim, aiid they were not permitted tu go elsewhere and take np an equal qnautity, and as it sometimes happened that the Government, through inadvertence or mistake, disposed of the laud embraced in the original cluini. Congress nndoubt edly thongbt it Just and equitable to give the parties whose lands bad been thus disposed of the right to locate an equal quantity of other lands, and it provided for the issue of certilicutuH of location to enable them to do so, aud thus a claim, which before that time had been flxedand confined to a certain place, became locatablo wherever the party might elect, on lauds subject to private sale. But there is nothing to the act of Congreaa which can be construed to authorize the issue of certificates of Incatioa to parties whose claims canuot be located because of conflict with claims held 1); a prior or superior title, for such claims have never been confirmed, for the good and snfllcieut leason that the claimants were not settlers on tbe public domain, but intruders and trespassers on private property,

Iu order to guard against and prevent the issue of certificates of location to parties who may not be clearly entitled tTiereto,you are hereby instructed to require all applicants for such certificates, in making proof of confirmation and non-satisfaction of a claim, to define and establish, by full and satisfactory evidence, tbe exact location of the claim according to its original boundaries, and, if the claim is not presented by tbe original confirmed, you will require tbe assignee or legal representaUve of such confirmed to prove aud show a continuous and chain of title from aucb confirmed to such assignee or legal representative. Uuless tbe proof is full, explicit, and satisfactory on all tbe points involved in tbe investigation, you should decline to issne certificates of location. As the act of June S, 1859, charges this Office with the duty of determining whether such certificates of location are properly issued, you will, in all cases where you issue certiflcales,forward them to this Office for approval, accompanied by the evidence upon which you have based your decision, and also state fully iu a report over your own signature your reasons for issuing such certificates. Please acknowledge the receipt of this letter. Respectfully,

Willis Deummond,

E. W. FoaTKR, Esq,,

United Statet Surveyor-General, Neie Orleatu, La.

:y

The Geseral Land Office. 43

Under the act of Juoe 22, 1860, (12 Stat., p. 85,) as extended by the act of March 2, 1867, aud as extended and amended by the act of Jane 10, 1872, (17 Stat, p. 378,} no certificates of location have been issued, and under those acts but three claims have been finally confirmed. The follotring letter to Caleb Cusbing, esq., contains an opinion of this Office relative to the sixth section of the act first above named:

DGPARTMEin' OF THE IKTEBIOR, GBNRBAI. LASI>-OFFrCB,

WashingloB, D. C, Jane 25, 1H73,

Sir : I hike receiTed and carefally cooaidered tbe paper HccoiDpaDying yonc request that this Office recognize the assigtinieiit of certificates of location to be issoed for the laDd-claim of the heitB of John , confirmed b; tbe Supreme Court of tlie Uoited States, (11 Wall., p, 6.32,) pursuuut to tbe act of Cougress approved June 22, 1H60, (12 Stat., p. 85,) and that for the locations made with such scrip be issued in the name of the assignee or assiguees thereof.

Before discnssiug the assignability of the above-mentioned certificates, I desire to call your attention to the fact that the act of June 33, 1860, does not provide for tbe issue of patents for locations made in accordance ivith thesi?:th sectioa of said act, and hence that, until fnrtber legislation by Congress, no patent can issne for any locations which may made under tbe conormation as above the heirs of John Lynd. The question here presented was first carefully examined in constrniug tbe act of July 4, 1836, (5 Stat., p. 136,) tbe firet section of which confirmed certain claims, and tbe second section provided that if it should bo found that any tract or tracts, or any part thereof, confirmed by the first section, had been located under any law of the United States, or surveyed or sold by the United States, this act should confer no title to such lauds in opposition to the rights acquired by such location or purchase, but tbe parties confirmed in their claims by said act of 1S36 might locate such interferences on certain unappropriated public land of tbe United Stjites, and if the locations were properly made might receive a patent therefor, thus making no express provision for tbe issue of patents for those confirmed claims which did not interfere with prior lights, but were surveyed in place.

In submitting tbe case to Hon, B. F. Butler, then Attorney-General of tbe United States, the question was:' '' 4tb. Must a patent be issued for the part of the original claim not interfered with by otiier recognized rigbtsf"aiid that officer, in bis reply dated August G, 18%, (L., I., and Op., p, 1043.) held that "altbou git there may be reasons of conveuieuce in favor of issuing a patent in these cases, yet these reasons cau only be produced to Congress. The law is to be taken as it stands, and in its present form it dues not, iu nif Judgment, authorize the issuing of a patent except tu the case especially provided tor."

The same question was presented ander tbe same act in tbe case of that portion of tbe claim of Jaques Glamorgan not taken by valid iuterfereuccs, and it was decided by Hou. J. C. Spencer, then Secretary of tho Treasury, in a letter dated January 33, 1844, addressed to the Commissioner of the General Land-Offlce, as follows :

"I must agree with Mr. Butler, in the opinion given by him, (L., I., and Op., 3d part, p. 1043,) that no authority is given by the first section of the act of 1836 to issue patents to tbe parties whose titles are coufiriued by that act, and where no new location is necessary under tbe second section, and I cannot doubt that a patent issued without an express authority of law Is absolutely Toid."

"Mr.Legare" (then United States Attorney-General) "seems to be substantially of tbe same opinion, but intimates that tbe issuing of a patent can do no harm. Iu this I must differ from him. It always doesharm to attempt an unauthorized act. ' The seal of the United States ought not iu my judgment to be trilled with, or brought into disrepute by being used when the want of authority to use it is confessed."

Since tbe receipt of this letter no private land-claim has been patented, unless tbe issue of a patent therefor has been expressly authorized by law.

In considering tbe assignability of scrip, I have thought proper to call attention to the previous acts of Congress under which certificates of location for c informed but uulocated |<rlvate land-claims have issued.

The first general act of this character is the mentioned act of July 4, 1636, (13 Stat., p. VM,) which provided that confirmations thereby should not affect previouslylocated confirmations, or the title of any lauds sold by the United States, but that "the individual or individuals -whose claims are hereby confirmed shall be permitted to locate so much thereof as interferes with such location or purchase," and so forth.

Instructions under this act issued October 10, 1836, (L., I., and Op., part 3d, p. 967,) to the effect that the new location must be made iu " each case in the name of the confirmed, and in the event of bis decease, in the name of hie beirs, the Ian not eontemplating an aeaignmait o/'theright to loeaie." Subsequently other instructions under this act were issued, and among them a circular dated September 19, 1843, to the registers in Hissouri, in which Uie entry under said scrip was required to be made " in the name '

Hepobt Of The Cohuisbiokeb Of

es evidence of heirauip Bnfflcieiit to enable an applicant to locate, tne registers were referred to the inBtrnctiona to regiaten, of Octoter 11, 18, (L., I., and f., part 2d, page 760,) which reqni red tbem "to take the certificate under seal of some court of record, having probate Jnriadictlon, which certificate should show that the evidence before the court it waa 'satisfied ttie peraoD or persons named therein were the only heirs at law of the deceased confirmed." No assignmeDta of scrip were recoguized by this Office under thia act; the scrip issued to the confirmed, or his legal representative, MnA the patents for the locations made, were issned the parties named in the scrip.

The second and last general act of this character, prior to the act of June 3if, ItiSO, lathe act of June 2, 1856, (U Stat., p. 294,) the third section of which is the most general, and, for the claimants, the most libenil act ever paened for the relief of owners of private land -claims, whose confirmed claims were Dot aod could not be located, said Act directing, anioue other things not found in the acta of 1B36 and 1860, that certijteatet of location nhalT itaoe, and that such certificates *kaU irene to the " etaimaiit or hit legal representative*." These are important differences, for while a question might arise to whether the act of 1U56, by specifying " representatives," did not Intend that npoD the decease of the confirmed his legal representatives, whether bj operation of law or by contract, ahould be entitled to their rights in their mon name, no such (]iieetion oonld arise under the acts of 1836 and 1860, ror hj those acta the right of relocation is confined to the confirmed, leaving his ur her property in claims to pass to his or her heintor assigns, in such manner Bs the laws governing the transfer of Dropertr, as administered by coarls of justice, might direct.

It seems, however, from a careful examination of the instmctions ander the act of 18&8, that this Office uniformly refused to recognize or to authorize any assignment of scrip, And this, too, has been the under this act, by the Department, ua appears by a letter dated Augiut 1, ISd, this Office, from Hon. J. Thompson, then Secretary of the Interior, of which the following is an extract:

" Briefly, and in concurrence with your views, as I understand them, I think that the certificate and scrip should be issued in the name of the original oonfinnee, or his legal representatives, thus ; ' Mannel O. Horo, or his legal ropreeentAtives.'

The register's certificate of entry, on surrender of the scrip and the patent, should follow the same form, thus giving the parties iu interest the benefit of the law in the words of the law itself."

This ruling is still in force, and still binds this Office in isaning certificates of location,

its provisions relative to scrip, resembles t of 1H36 than the act of 1&5B, in that neither the act of 18Jt> nor lUHO directs the issue of scrip to any one, and the right of entry is vested by the words of both acts iu the confirmees onlv, the language of the act of I860 being "thepartg in tuAtwe favor the title m confirmed shall have the right enter," &a., so that to adopt the oonftraction of ex-Secretary Thompson, as expressed in his decision concerning the act ' of leOS, and give the parties in interest, ander the act of 1860, the benefit of the law, " in the words of the law itself," the scrip for which yon now apply would issue, if it issue at all, to the conlirmce, and to him or her only.

Thia construction, with the addition of the words " legal heirs," was adopted by the honorable Secretary of the Interior, iu his decision dated March 18, 1872, relative to certain Indiau scrip issued ander the seventh cleanse of the second article of the treatr concluded at La Poiute, in the Slate of Wisconsin, on the 30th of September, 1854, with the Chippewa Indians of Lake Superior, (10 Stat., p. 1110,) which clause stipulates that " each hwid of a family or single person over twenty-cme years of age, at the present time, of mixed blood, belonging the Chippewas of Lake Superior, shall be entitled to eighty acres of land, to selected by them under the directions of the President, and which shall be secured to them by patent, in the usual form."

After stating that the abject of this provision was " to secure to the peraoru deteribed land, and notLing else," and that under the treaty the Department of the Interior, Kiaie time iu 1H60, authorized a certificate to be issued to each person embraced in said cveuth clause, which certificate was intended to certify simply that such person was a beueficiaty under aald clause, the honorable Secretary, in effect, states, that by the terms of each certificate neither it nor any right under it could be sold, transferred, mortgaged, assigned, or pledged, and that " it must be distinctly remembered that theae patents" (for location with said scrip) "must issue to the person to whom the scrip was issued or their legal heir), aai no oneelse" thus using a term much less broad than " legal representalivea," which, as stated in your brief, was oonstraed in Hogau v. Page (2 Wall., p. 605) to embrace both representatives by operation of law as well as representatives byeontnKt.

The jiroviaiouB of the seventh clause of the second article of the treaty of 1854, and of the sixth section of theoot of 32d June, 1860, aresimilat in this: Deither directs the issue of scrip, and the right to enter land ia by direct words given only to the beneficiaries thereunder, without mention of the heirs or representatives of such bene-

The Qenebal Land Office. 45

ficiiiriee. Hence to apply the earoe conBtmotion to both treat; aod act, woDld be to

declare that scrip under the aforeBnid sixth section should irene to the confirmed or legal hire, and that it should at on ita face that neither it nor any right nader it Bhonid be sold, trauafRired, murlged, assigned, or pledged.

But though both the treaty and act are clearly snsceptiLle of even a more strict interpretation than that given by tlie honorable Secretary of the Interior to the beforementioned clause of said treaty, there are cogent reasons why a more liberal constmctiOD ehonld be given to the act of 1860, designed as it was as a tardy act of partial jnsticetiOaclasB of persons aware of their right! and able to defend them with intelligence. Therefore in issuing scrip under the act of I3G0, I shall follow the liberal contitroctioa

(iven to the law 011636 nnless otherwise directed by the honorable Secretary of the anterior, and issue it the confirmed or confirmees, or his, her, or their legal TqrruerU-

But as, in my jodgoient, the act of 1B60 catiDot be construed so as to recognize the right of BssignmeDt of such scrip, Ishatl refuse to recognize encb aiiBigument, and should Conjjresa by future legisSation provide for the issue of patents for locations m uie with this scrip, such patents will then be issued to the person or persons whose oanies appear npuQ the located certificates.

This, in my opinion, is the full extent to which I am allowed to go by the terms of the act of June 22, 1860, (IS Stat., p. 85) and I must, therefore, refuse to isaac any piece of scrip for the claim now under consideration except as follows: " To Kose Lynil, widow of Bobert C. Camtuuck, Robert 6. Lynd, and Henrietta Blank, widow of John Lyn, and to their legal representatives;" nor can I permit any entrieato be made with said scrip except in the names of all tboae parties. Very respectfully,

Willis Drummond,

The followJDg rtiliDg:8 relative to donation claims in the State <tf Oregon, and in 'WaebingtoD Territory, Lave iDeen made since June 30

Department of the Ikteeiob, Genebal Lakd-Offick,

WaAiTtytOK D. C, Avgvt 12, 1672. Begiater and Receiver, Olyna, W. T.

Gentlemrn : I have eiamioed the testimony, Ac, anbmitted with your letter of April lOlh, 187*. in the matter of the contested donation claim of David 8. Uaynard and wife — certifaoate No. 440.

From tbe papers in the case, it appeal? that on the 26tb day of October, 1853, D. 8. Maynard made his notification, No. 407, as'a married man, for a donation chum containing 640 acres, in Oregon, under the act of September 37, 1850, as amended by the act of February 14, 1Sj3"; that Maynard was a resident of Oregon Territory (now Wasbinglou) on the leth day of September, 1850, and resided upon and cultivated his claim from the 3d of April, 1A')2, to the 3d of April, 1856; that in 1828 he intermarried with Lydia A, Rickey, who was his wife until the 24th day of December, 1852, when he was divorced from said Lydia A. by an act of the legislature of Oregon; tliat on the 15th

le 2lBt of July, 1871, this Office, in a letter to the rester and receiver, held, on the supposition that Lydia A. died In that her heir* were entitled to the one-half of Muynard'a claim, to the exclusion of any claimed therein by Maynard's secoud wife. As, however, it appears by evidence eince submitted that Lydia A. is still alive, and can ttierefore have no heir, it becomes necessary to reconsider that opinion and pass upon the facts now before me.

Lydia A. was the lawful wife of D. 8. Maynard up to tbe date of her divorce in 1B5S, and had she remained such for the four years required by the donation act, and had Uaynard made the proper proof, it is clear she wonld have been entitled to one-half of the claim now in controversy. That she had never actually resided upon said claim could make no difference in her title, for it has been repeatedly held, and I think pnmerly, that residence, inhabitancy, or cultivation is not neceesary on the part of tbe wife, bnt that she takes one-half of a donation claim solely by virtue of her wifeship. As to the nature of her title before final proof by her husband, it is only necessary to Bay that the Hon. Assistant Attorney-General, in the case of Jeffries va. Dubois, decided November 32, 1871, which decision was approved by the Hon. Secretary ''''

46 Repobt Of The C0Umi6Si0Heb Of

Interior in a letter of November 2r>, ItJTl, belli, that pToof by two diainterestf ivUDeaxes of tlie fact of ciiDtiuaud rMklence and cultivatioD for four yearn waa a condition iiieceileut ta obtiDiug title to a ducatioD claim. Tb husband could Itierefoi-e bite only an incboate intereat therein until such proof was made, as it is a well esCabliabeil rule iif law that conditions precedent iiiuat be perfDrmod before tbe title to vhii'b tbey are annexed can vent ; aud it is clear tbat a wife claiming solely by virtue of tbe bDHbaud'a nets, could bave no better title than tbat p08BHed by hiui. This point was i-xpreaaly decided in the opinion referred to. "Dnbois," said tbe Hon. Aa- Biatant Attorney-General, "had complied with them (the conditions of four yeara' leaidenceand cultivation, &c.)only in jiarl at the time he was divorced from Josette. At that time no title bad vested iu him, and she could obtain through him no better title than he himaelf then beld."

On the S-Jd Decern b<?r, 1HJ2, as stated before, a few montha anbaeqaent to Mayuard's BPttlcnient and prior to the date npon which he filed hia notification, the legislatare of OrcKon an act by which it waa enacted "That the bonds of matrimony beretofore existing between D. 8. Maynord and Lydia A. Maynard be, and tbe saine Rre hereby, dissolved."

Aa this divorce has not been aet aside, we cannot avoid the conclusion tbat it annulled the relationii of bnaband and wife theretofore existing between the parties named. Further than thia, it is not my purpose, nor is it necessary to inquire. It ia admitted that at the dat of said divorce Maynard hod been a settler upon bis chum less than nine njouths. and, therefore, under the decision above quoted, no title hod then vested iu him, and he could transmit none to Lydia A., and as it is eetahlished tbat she relies for her title solely upon his acts as her husband, it follows as an nnavoidHhle conclusion that when she ceased to be hia wife she waa unable to acquiFo any further rights by virtue of his acts, and consequently that her inchoate interest terminated beranseof afajlurein tbe peiformanceof the conditions precedent attached thereto. I must tberefote decide that Lydia A. haa now no title or interest in tbe claim in controversy.

Thucl.iim of Catharine T., the present wife of D. S. Maynard, is also invalid. Among the quail lie ations requisite to enable a man to complete the title to 640 acres of land nntler the donation of law, one ia that be shall be a nuinied man on or belbre December I, 1, or hull hecume maviiud within one year tioat tbat date. As construed by this Office tliat law authorizes the husband to notify and make proof only when he is niarried, or becoiues nuirrii'd within the time specified. As Catharine T. was not the wife of D: S. Klaynard until January, 1653, she conld acquire mi right under a law foL' the b.'unfit of women mani>;d prior to December 1, 1851.

Therulbii-, it havii fuuiAl tbat neither Lydia A., tbe first wife, nor Catharine T., the.secund wife of D. S. Maynard, ore entitled to any of tbe benefits of tbe provisions of tbe d()nnticiti l.iwa by reason of their marriage with bim, 1 am of tbe . opinion, and so dec ill C-, ihut a certihcate should be issued in bis favor, as a single man, for the west half of the 640 acres covered by bis uotihoation, which has already been selected by him aa the tract he desired set apart to himself, as evidenced by tbe decision of the ori);iual claim made by the register and receiver, and tbe testimony ftddnced at the time.

Yon wilt notify alt iiartieB interested of tbe purport of this decision, and allow them sixty days from service of notice in which to appeal to the Hon. Secretary of the Interior, and, at the expiration of that period, report promptly tbe action had pursuant to such notice.

Very respectfully, your obedient servant,

Willis Drummond,

This deciBJon was affirmed by the Hon. Secretary of the Interior id the following letter :

Depahtmbnt Of the Intekiok,

WathingUm, D. C. March 1, 1873,

Sir; I have carefully examined the contested donation claim of David S. Maynard and wife, certificate No 440, on appeal from your decision of tbe 12th of Ancnst last.

I find the facts to he as follows: On the 36tb of October, 1063, the said Maynard made his notification. No. 407, aa a married man, for a donation claim containing 640 acres in Oregon, under the act of September 27, 18&0, as amended by the act of February 14, 1853; he was married to Lydia A. Maynard in 1S28, in tbe State of Vermont; be subsequently removed with his wife to the State of Ohio, and went thence to the Territory of Oregon, leaving his wife iu Ohio ; September 16, 1850, he took up his residence in Oregon, and April li, 1B53, settled upon and commenced cultivation of tbe tract in controversy ; December 4, 1853, lie was divorced by an act of the Territorial IbkIblatnre of Oregon ; Jannaij 15, 1853, he intermarried with Catharine T. Maynard, nia present wife, who lived with him on the premises until alter the expiration of tbe foor years of settlement and cultivation.

The General Land Office. 47

It ia Batiefactorily Bbown that Maynard haa fully complied witb all tbe reqnimuients ofthelatv relatiDgtoaettlementaDii cultivation. Tberegisterand receiver, April 8, lti7-i, iseiied a JouatiOD certificate which gave the west half of the tract to David S. May* nurd, and tbe east ball' to bis lirat wife, Lydia.

You awarded the west half to David aad refused to award tbe east half to either tbe SrHt UT second wife.

I am of opiuioD that your decision should be afllrfned.

Lydia A. Maynard was never on the land; she can only claim by virtue of being tbe wiJe of David, and ebo can claim no greater rights than he possessed at the time of tbe divorce. Tbe divorce, says Bishop, '.' auaps the inculum of tbe marriage. Whatever baoga npOD it falls. , if the man dies, the woman will not be his widow, nor enUlled as such to dower and a portion of bis personal property. Be will not, on her deatii, be anthorlKed to hold bar lands as tenant by tbe courtesy, bat on tbe contrary bis interest, and that of liiagraiiteeeand representatives, in tbem, and in ber closes in action, ceaaenimmediately.'* (] Bishop, M. & D., 693 ;) LeaviiiBr8.81etor,(2Greea,Ia., 604:) Starr m. Pease, (8 Conn., 541 :) Townsend r. Griffon ; (4 Harring'n Del, 440.) .

If, therefore, the estate of David bad not vested at the time of the divorce. It is clear tJykt the wife has no title now. I thinly the estate had not then vested. The interest of the husband was inchoate and depended upon liis future compliance with the conditions prescribed by the statute. If he should fully comply, title would vest ; otherwise it would not.

The conditions were conditions precedent, and bad not then been complied with.

It is argued that the act of September 27, 1850, made a present grant, and therefore the fee was in the husband, snlijeot to be defeated by his uon-conipliance witb the condition subsequent of four years' cultivation. At tbe date of the act Moynard was not in possession. He did not make his settlement antil more than live mouths after the jiussHgo of tbe act. He had not even initiated a right. The condition of cultivation IS Dot,inmyopinion,asubseqneut,bnt a precedent one; and not having been complied with at tbe time of the divorce, the interest of Lydia in the premises was terminated by tbe dissolntiun of her marriage contract with David.

Catharine, the second wife, is not entitled, because sbe was not tbe wife of the applicant on the 1st day of December, 1850, or within one year from that date. The act was evidently intended to limit the additional SZOattes to cases where the person was married a t tbe date of tbe act or should become married before the 1st of December, 1851. It says: "And if a married man, or if be shall become married within one year from the first day of December, eighteen hundred and lifty, the quantity of one section, or sis hundred and forty acres, one-half to himself and the other half to his wife, to beheld by her in her own right."

I affirm your decision, and herewith retnm tbe papers. Very respectfully,

C. Delano,

By a decision dated July 29, 1872, in the matter of John B. Chapman's donation claim in Washington Territory, it waa held by this Office that, settlement was made in good faith in Jnne, 1851, and inhabitation and the other requirements ot the law complied with up to June, 1852, yet the claimant, Chapman, had now no title thereto, either legal oreqnitable, it appearing by the evidence produced that' at the date last named he left Washington Territory with the intention of abandoning his claim, and that for a period of nearly eighteen years thereafter be neither resided on nor asserted title to the tract thus abandoned. In afQrming this decision, the Hod. Secretary of tbe Interior, in his letter of May 23d, 1873, remarks: "I agree with yon in the conclusion at which you bave arrived, (that Chapman abandoned bis claim when he lell the Territory in the summer of 1852, and forfeited all right therein be then bad or might have acquired.")

Tbe decision given below was not token on appeal, it having been acquiesccil in by the parties affected thereby.

Dbpabtment op THtt Intbbiob, General Land-Opficb.

Wathingtoa, D. C, March 24, 18T3, OiwrLKMEK : I have bad under consideration tbe papers in the case of the claim of H. C. Uuise and the widow and heirs of T. Fied. Biers, claiming, under tbe donation

Bepobt Of The C0Uhis8I0Neb Of

Territor;, said tract beinebounded on the month by the Colambia River, on the weat by the donation -claim of A. M. Sbort, and on tbe eant by the United Ststes milita reserve- ' tion at Fort Vancoover. Thia laud is alo claimed by the conaty of Clark aod by the town orVancouver ; bat concerning theae two Uat-named olaima, tbia OfBce expreaaes no opinion in thia letter, thoae right being reeervml for futnra consideration.

It IB not shown by the testimony in the case that Biers, under whom bia widow and heirs now claim, was ever a resident upon the land in question, nor tbat his widow or heira ever resided npon said land, except daring the year 1854, when it appears the Tidow built a small shanty on the land and " kept a grofry." With tbe exception of this statement, by A. C. Short on cross-examination, all the evidence in tbe case is lo the effect that neither Biers nor his widow and heirs ever claimed any part of this land or resided npon any portion thereof.

The final proof in ttie oase of it. C. Morse shows that from Jaonsry 16, 1854, to Jnne 23, 1860, he baa coiitinnoDsly resided upon the land claimed, and Id tbe deposition of John T. Lovelace the exact date when Morse moved upon tbe said land is iven as tbe day of Uecomher, 1B53. Other witneaaea testify as to Horse's inhabitation and cultivation, and though no witness other than Lovelace testifies as to tbe day wlien such inhabitation commenced, they all agree that it was aftr the resetrotiou and survey of the preeent militurj' reserve at Fort Vanoonver.

The military occupation at Fort Vancouver began in May, 1849, and has continued trom that time to the present day. On the 13th of October, 1850, Colonel Loring, by order of Gen. P. F. Smith, under direction of the War Department, declared a reserve of four miles square, including within those limits certain donation -rights, which led to on examination of the location by the War Department and was made tbe aubject of an opinion, dated October 15, 18o3, by Hon. C. Cashing, then Attorney -General of the United States, (6 Attomey-Oeneral'8 0p.,p. 156.) Following this action and having in view the act of Congtess approved February 14, IB53, (10 Stal.,p. 159,) the then Secretary of War, by letter of October S9, lB5:t, addrassiid to Gen. E. A. Hitchcock at San Franciaoo, directed the reservation for military purposes of a site at Fort Vancouver, which order was, by letter dated San Francisco, December 7, 185.t, communicated to Lient. CoL B. L. E. Bonneville, commanding at aaid fort, and by him carried into effect, in order No. 77, iaaned December 8, 1853, from his headquarters.

In considering the validity of this reservation, I have examined tbe case of Johnston v>. States, (2 Nott and Hnntiugton, p. 2!:ll) and other authorltlea, and am convinced that whether or not the military ocoupatfun of Fort Vancouver in 1H49, and the aubsequent reservation by Colonel Loring in 1850, were such selectioua and rt'Servationa aa were contemplated by section 9 of the donation-act of September 27, l&SO, (9 Stat., p. 496,) thire can be no doubt but the reservation of December 8, 1853, was a seleotion and reservation, and bruce that by the terms of aaid ninth aection of ttie donationmot no donation-right could attach to any land thna selected and reserved, or within one mile Uureof, " uuleaa tbe residence and cultivation thereofcommenced previous to the selection or reservation of tbe same for such purpoaea."

All the land claimed by Morse, and the widow and heirs of Biers, ia within one mile of the present surveyed limits uf tbe Fort Vancouver reservation, aa reserved December 8, 1853, aud to have entitled either of those parties to appear in this OfBce as donation- cJiiimauts. they should bave shown by proper evidence that their residence and cultivation were of date interior to said reservation. Thia neither of the parties has done. The widow and heirs of Biers fail to show any right whatever under tbe donationlows, and by the depositions of witnesses called by Morse it is clearly proved that be did not move upon the land now cliiimed until after the reservatioD and survey of the present raititary reserve ; and in said claimant's ' ' final proof" be gives tbe date of the commencement of his inhabitation and cultivation as late as Jannary 18, 1854.

From the foregoing facts I decide that neither H. C. Morae nor the widow and heirs of T. F. Biers are entitled under the donation-laws to the land claimed by them aa aforesaid.

You will give notice of this decision to all parties In interest, and allow sixty daya ftom the service thereof for appeal to the honorable Secretary of the Interior. At the expiration of that time, if appMl be taken, you will transmit the same to thisOfilce; if no appeal be taken, yon will so notify this Office. Very respectfiilly,

WIILL8 DBUMMOND, OmmUiioiier.

Keoibter and Rbceivkr, Fmuwinwr,

A lar Dnmber of donation claimB in the State of Oregon, and in Washington Territory, have lieen examined, and five hundred and fonr of claims have been patented daring the year ending Jnne 30, 1873, and it is believed that before the close of the year ending June

Ccl,;.db,G001C

The Gexeeal Land Office.

30, 1874, the arrears of work on this class of daims in the General Land- Office will have been-brought up to date.

I am, sir, very respectfully year obedient servant,

Wilus Drummond,

Commigsioner, The Hon. Secketaey of the Interior.

UNITED STATES LAND-OFFlCEa

Ohio.

Wisconsin.

Kansas.

Chillicotlie.

Topeka.

Salina.

Falls St. Crois.

Indiana.

Wanttan.

La Croeae.

Wichita.

Bayfield.

Concordia.

Eau Clidre.

Cawker City.

ni:b8aska.

Springfield.

Caufornu.

Norfolk.

San Francisco.

Beatrice.

Marysville.

Lincoln.

Boonville.

Dakota City.

Irontou.

Stockton.

Grand Island.

Spriugfield.

Viealia.

NortJi Platte.

Sacramento.

Lowell.

Alabama.

Lob Angeles. Sbasta.

Mobile.

Sosanville.

Independence.

Santa F6.

Nevada.

Sioux Falls.

Careon City.

E"£r

Jackson.

Enreka.

Pioehe.

Yankton.

Elko.

New Orleans.

WASBINOTON TKRKITORr.

Pueblo.

Monroe.

Denver City.

Olympia.

Fair Play. Central City.

Michigan.

Walla-WaJla.

Detroit.

Idaho Tbbritoky.

East SagiDaw.

Ionia.

Minuesota.

Bois City.

Marquette.

Lewiston.

Taylor's Falls.

Saint Cloud.

Montana Tbrrttort.

Du Luth.

Alexandria.

Helena.

Little Eock.

Arizona Tkrritort.

Camden.

Litchfield.

Harrison.

Redwood Fulls.

Preecott.

Detroit.

Florence.

Oregon.

Salt Lake City,

Oregon City.

Lo Grande.

WYOMraa THEKlTOItr.

Fort Dm Moines.

Sionx City.

Linkville.

Cheyemte.

4 O L O

. Coogic

50 Eeport Of The Commissioner Of

Offices Of United States 8Uevey0Es-General.

Karnes of sarreyors-

Pigtricl of Kansaa, Lawrence, Kane

0. W. Babcook. Dana E. King. WUIiam P. iSiwey. William H. Lcwig. L. F. Cartee. James H. Hardenbergli.

Diatrict of Idaho, Boise City, Idaho

District of Oregon, Eugene City, Greg

William H. OdeU.

DJBlrict of Utah, St Lake City, Utah

C. C. Clements.

D„i„.db,

The General Land Oitice. 51

A. — Beport of the imrveyor-general of I/iuisiana.

Ofpicb oy Spbveyor-Gkneral, Dibtbict op Louisiana,

meai OrUam, Auffuil 30, 1873.

Sir : I have the booor to submit in duplicate, my annual report of the snrvejing Bervice iu this diatrict for the fiucaryear ending Jnoe 30, 1873, accompiuiied by the folloiriug eoumeratioa of tabnlar statements, to wit:

A. — Surveying contracts entered into by the snrreyor-ireneral of Lonisianu on scconnt of appropTiationa for the fiscal years ending Jane 30, 1871, and Juno 30, ISTS, not Tepoi1d as completed in the atatementa of previona years.

B. — Surveying contracts entered into by the aurveyor-general of Lonisiana on account of appropriation for the fiscal year endine June 30, lHJ'i.

C. — Surveys and resnrveya proposed to be made during the fiscal year ending Jnne 30, 187f>, in the state of Louisiana, at rates not to exceed (12 for township bonndariea, and (10 for alt other lines, per mile.

D. — Eatimate of funds to be appropriated for the fiscal year ending June 30, 1S75, for sarveytug in Louisiana, for compeuaatioii of aurveyor-general ana his clerks, and for contingent expenaee in bis office.

E.— Accoont of appropriations far the eoiiary of surveyor-general of Lonisiana, and for clerks in his office, for the flacal year coding Jane 30, 1873.

F. — Account of appropriation for incidental expenses of the office of surveyor-general of Lonisiana, for tbe fiscal year ending June 30, 1873.

G. — Tabular statement of the reports made by the officers vuder coDgressioual appointments, for the final adjustment of private laud-claims in the stote of Louisiana.

H. — Statement showing tLe appropriations for salary, clerlt-hire, incident expenses, and for survey of public taudsin Loaiaiana, from the year 1844 to 1874.

These tables exhibit the piogtMS of the public surveys during the period embraced by tliis report, explain the condition of aU surveying contracts in force at the oloae of

the last fiscal year, the present attitude of subsequent contracts, and account fully for all the disbursements of appropriations granted this office for the prosecution of field surveys, and for clerical services: esbibiUng, also, a statement of the surveys proposed to be made during tbe next fiscal year, and the usual estimates therefor.

Field-Work.

During the first, second, and third quarters of the past fiscal year, tbe season for field operations was favorable, and the execution of contracts progressed aatis&ctorily ; but since the 1st of April last, extraordinary rains baveseFioasly retarded field-work, compelling the deputies to suspend their labors ; an extension of time has been granted to most of them with the Lope that, during tbe coming fall, all surveying contacts now in force will completed.

OinCB-WORK.

The regular and miscellaneons work of this office has been nnusnally large for tbe limited nrce employed, and to prevent an accumulation which would have nnavoidably occurred, an extension of tbe usual busineaa honra established by custom, or prescribed by law, has been required of the clerks of this office ; extra clerks, also, have been employed, and, with your sanction, paid jrom the appropriation for contingent expenses ; furthermore, I have been compelled to have regular office-work performed at my own personal expense.

The " exhibit of private land-claima " in thia State has been found to be a labor of greater maguitnde tban was at first reported ; still, good progress baa been made in this most desirable and important work, and that part of it relating to the Greeusburgh district baa advanced nearly to completion.

There have been iaaued during this fiscal year, under the act of June 3, 1858, sixtythree certificates of location ; but since the receipt of your inatniotions of Anguat 26, 1S72, requiring additioiial evidence of confirmation and a more thorough investigation into tbe merits of tbe claims themseWes, and owing, also, to the encroachments of other and more pressing duties, this work was suspended, and, as yet, bos not been resumed.

In order that yon may fiilly comprehend the preaent condition of the pnblio surveys in this State, and the necessity exfstiug for the estimated herewith submitted, it is thoDght proper to take a retrospect, in as condensed a manner as possible, of tbe early surveys.

&#x27;52 Beport Of The Cohhissioneb Of

onpied a tew yean later ; formal pOMMcton, andet Uie pTOTiBioDB of tiie act of Codgreaa approved October 31, llM3, woa taken b; tbe Americaii OoTemincnt on the SOtb of Deoembei of the Mme year.

Division Of The Terbitokt.

Bj tli act of Conor " " " "JIowb: T1 and of an aM and WMt line oomuHnomg 01 degree of north latitude, and extendtu); west — -'- eonstitnte one divlrioa under the 1

By HeTeral congTeBsionnl enactment* following closely upon this Kot of ceeion, the Territory of Orleane became nttitobed to the surveying diatrict of the surveyor of pnblic lands south of the Tennessee, who was instmcted to cause such public lands therein situated, aa tbe President should direct, to be surveyed and divided as correctly as the nature of the oouutry would admit, iu the same manner and under the same legal requirements as were applicable to the other public domain of the country.

By the same acts tbe Territory of Orleans was divided into two landdistncts; that portion of tbe Territory lying east of the river Atcbafalaya and Grand Lake, including the island of New Orleans, was designated as the esAtcm, now known as tbe southeasteru district, with land-office at New Orleans ; tbe remainder was designated as tbe western district, with the laud-oBice at Opelonsaa ; this latter has since been suljdivided into tbe soutbweatem, north ot Red River, and northwestern districts.

The old eastern and western districts were each provided with a board of commissioners empowered to examine and decide upon all claims to land the titles to which emanated from govern meuts previously holding sovereignty over tbe territory ; and with a principal deputy surveyor, to have charge of tbe surveys iu his district, with directions tj) report to the surveyor south of Tennessee.

Inbtkuctions.

Liberal appropriations were placed at the disposal of the said surveyor of public lands, accompanied by instructions to canse, in the first place, tbe survey of the thirtythird degree of north latitude, tbe meander of certain rivers, to locate the 11,520 acrea of land granted by Congress to General ha Fayette, and by observations and explorations to prepare and penect a comprehensive plan fur the general survey of the public lands of the Territory, and, before the close of tbe year 18U6, such a plan was matured and adopted.

Tbe foUowinc extract from a letter dated May 8, DJW, written by the honorable Albert Gallatin, then Secretary of the Treasury, to Isaac Briggs, surveyor of public lands south of 7'cnneseee, explains the reasons which actuated the Government at that date in hastening the survey and sales of public lands iu the Territory :

" You will use every possible endeavor to have as much of the public lands in tbe westernyistrictof the Territory of Orleans surveyeil during this year as is practicable. It is the wish of the legislature that the public lands in that quarter should be offered for sale ; and, I will add, that that object is intimately connected with the welfare, and even tbe safety of that newly-acquired territory; for it is the only portion where any great increase of American population can talce place, and I need not comment on the importance of this object. It may, indeed, iu this instance found necessary to sacrifice the scientific correctness wliich would otherwise be desirable to the dispatch which is indispensably necessary."

The plan of survey adopted was to extend the thirty-first degree of latitude, or, as it was called, " the line of demarkation," which was established by the treaty between the United States and Spain of the 27th of October, 1795, as the boundai; between tbe

The Geneual Land Office. 53

Misgissippi Territory and the SpaniRli provinces, acro8 doe yreat to the 8abtne, as a, base-ljae from which e

same time a meridiuD tine was be establiahmi, extending from the Red River t4 Ma, ranking sufflcieatly to the west of the Hissisaippi to avoid its inaadatioaB. At first Natchitoohea or " The Rapids " wore auggcBted as eligible initlHl points ; Snail;, however, it waa decided to run the base-litie from the eastern bauk of the Miesissippi River, dae west, on tbe true thirty-firet degree of latitude, forty-eight miles, or eight ranges of townships, and there establish an initial point, Croai which the " basis meridian "sbeald be exMudeddne north to the thirty-third degree of latitude, and due soDth to tbe Oalf, and then, as rapidly as possible, to canae tbe pnblio domain to be subdivided.

nl807,

eighty-four miles of his contract, to a point thirty-six miles west of the intersuctimi of the meridian, and to a stream eoppoied by him to be the Sabine River, but which was fberwaid asoertained to be the Kio Hondo, or Coloasien,

" the survey of tbe " basis meridian" & contract was made with Thomas Owings,

line ta tbe meridian IT AticbafalayB, there w . , v i .. -

completed the survey of more thou one ntmdred townebips in tbe western district

Krboxkovs

These extensive snrveys bad not proceeded far before it became apparent that grave and reprehensible errors bad been committed by both Cook and

Owings, jn mnning their respective lines. The unintentional latitude eirpreesed ia tbe last cleanse of Mr. Gallatin's letter had been most andaoionaly perverted.

and not only $cieiitifie correctness, but the most ordinary rules of conipBSarveyiug had been sacrificed to accomplish a field-survey so hurried and superficial that I accurate representation of the country on township maps was delayed tbr

many years, and, in fact, bos not been fully aoooniplished to chis day; indeed, glaring were these discrepancies that before the township maps conM, with any degree of correctness, be protracted from the surveyor's notes, it was deemed necessary to reanryey, or run anew, these fundamental lines; in doing which Cook's base-line, from the initial point east to the Mississippi River, was discarded, and a new line nyi and adopted as IJie " basis parallel." This line iwrnmenoed at Cook's initial point and extended eastward to tbe Mississippi River, terminating at a point forty-seven miles and a few chains from the initial point, and more than 1,200 yards the north of Cook's place of beginning on tbe thirty-first degree of latitude.

The line west of the initial point, which was retraced and re-established, was found to be a zigzag, incongruoos line, which, in thirty-six miles, had gained to the north over 600 yards.

Nor was the original survey of the " baus meridian," by Owings, worthy of much more confidence ; on tbe contrary, it betrayed nearly the some want of accuracy and

Sirecision as bad jnarked tbe labors of Cook. In the sixty-six miles resnrveyed the bllowing year, there was found to be an excess of 50 chains over tbe proper distance, fortunately, however, at no considerable variance from tbe tme meridian.

THR RBflULTS-

The consequences of these erroneous surveys are as sensibly felt in the surveying service to-day as at tbe time of wbioh we speak ; for altbongh tbe ohjeotionable character of their principal linu was so early known, yet, as extensive and importAut snrveys bad been based npoo tbem at great expense to tbe Government, it was deemed necessary, wbeoever it woe reasonably practicable to re-establish these erroneone lines, and witJi tbe omission of accurate connections, with oil' passible oelerity to draught eporate township maps from surveys already made, so that no dels sbonld ensue in banging the lauds into market; hence, Airther oorrootiona ware not attempted, but the notes that bad been returned were, to some extent, so amended as to conform partially to the oorreotions made on the principal lines ; and by this metiiod a continuation of the pablio surveys was not intmipted.

This plan waa carried Into effect, and tbe surveys of pablio lands over tiie western istrict, inolndlng what waa afterward the " southwestem and northwestern districts," uid the " district north of Red River," especially ttf snob lauds therein as were regarded as the most volaable, were rapidly extended.

Repobt Of The Comhi88Iomeb Of

Id thia district coDBideTaHoDs of a different nature aOected the eaily earveys. The voQDtiT vaa uioBtly low allnvial, liable to the iouDdatiunB of the MiaaiBBippi, and, with the eiceptioD of the narrow ridges aloog the streams where settleiueDts existed, covered with a lusuriaat vegetation and an Snioat impeiietrublu undergrowth, interaperaed, too, with soft and tKiggy quagniires, or cut op with deep and turbid bayou, whoM naters were filled with venomous reptiles, and with an atnioaphete poisoned by malarial exhalations and Bwanning with notions and pestiferous insects. Nor was this all; the most valuable portion of the country was claimed by conflicting and interfering ooncesaiona, held frequently by parties inimical and hostile to the government recently in possession ; and as the mazimam Tate per siile established by law for the compensation of surveyors was the same as io the upland portions of the State, where surveys could be executed with lees expense and far loss exposure ; for these reasoDS it was found exceedingly difiBcult to induce competent surveyors to undertake surveying contracts, and, with the exception of extending a few towuahip boundaries on. the west side of the Mississippi River, and the lines of some private claims, hut little snrveyitig was done in this district until the adoption of the system authorized hj aoG of May 24, lSi4, for surveying irregular sections, or lots of eighty acres, each having a front eqn to two acres on a stream of water, by a uniform depth of forty acres.

Under tiie provisions of this latter act nearly all the public lands bordering upon any water-course, including some that had already been surveyed under the rectangular system, and lands that were held and owned as private claims, were subdivided into lots. These surveys, however, like those to which we have previously referred, were conducted in a manner so hurried and hasty that the surveyors omitted, ill almost every instance, to connect their lines with the township boundaries.

Lakd-Cliims.

Following the cession by France to the United States, Congress, in a liberal spirit, and anxioDs to preserve the national faith, adopted various provisions for the confiimation of titles to land ; and not only titles perfect in themselves, but that class of incomplete titles known by the names of Rlquettes, orders of survey, permission to settle, surveyors' plats and certificates, as well as other written evidences derived from foreign powers previously holding sovereignty were, when properly authenticated, confirmed ; and, beyond this, persons who bad, at the time of the cession, occupied or cuUivaled tracts of land, or those who had purchased settlement rights, were oonlirmed in their possessions in the same manner as wonld have been the case under the laws and usages of former governments.

These legidative provisions " for the final adjustment of private land-claims in Louisiana" coDtinued to be extended and re-enacted, from time to time, and, under the act of June 10, lcf72, are still In force.

By virtue of these enactments, for several years subsequent to the time when the land couunissiouers commenced tlieir investigations, the attention and labors of the officers of this surveying district were directed, principally, to the location of thesa private claims, under orders from the land commissioners and their successors, the register and receiver of the laud-offlce.

SURVEY OF CL.AlMe.

Private claims were generally surveyed as distinct, separate tracts; and, fie the claimants, at least for several years, were required to pay lor such service, they telt no obligation to have their lines connected with those established by public or other . surveys.

In the mean time, as the investigations of the commissioners continued, the fact vas developed that larger portions of the territory were held by iadividools than waa originly imagined; thus much of the land that had previously been surveyed as public, was found to he covered by private cl alms, and that these olainis frequently not only conflicted and interfered with each other, but also with public lands, whiidl the Government in good faith had snrvcyed and sold, producing, inevitably, dispnts, dissatisfaction, and disorder, which the land-offices at that time vrere unable tb recon-

Tbe following extract irom the snrvery or-general's report of 1846 wlU convey a fair idea of the condition of the surveys at that time :

" The condition of the old surveys in the sontbeastem and sonthweeteni districts la a snhject which demands the most serious consideration. Although heretofore marked u the maps as surveyed, not one in ten of the townships containing private clainl&

The Obnebal Land Office. 55

sepitrate plat of survey wbicb vill bear that kind of examioatiou which, nuder present

regulatioDs, would entitle it to the official sanction of the surveyor-g

'' These errors and discrepancies bave been cansed by the loose, irregular, and independent manner in which the surveys vrere made, the number of anrveyors permitted to operate in tbe same township, and the inadequate compensation allowed the officer appointed to examine the rettims, wbicb depending, as it did, almost entirely upon tbe amount of work passed through his office, would not allow him to give every separate survey tbat c&tetal, mathematical consideration wbicb it ought to receive previous to having tbe approval of an officer of tbe Oovernmeut."

Grebnsburgh Or Sautt Helena Distkict.

Soon after theoccupation by the United States of the province of West Florida, which embraced the lands east of tbe Mississippi River and the island of New Orleans to the Biver Perdido, and nottbward to the thirty-first degree of north latitude, and which, untU the treaty of February 22, 1B19, was claimed by the government of Spain as a part of ber domain, that portion lying frost of Pearl River was, by tbe acts of the 14tb and 25th of April, 1613, attached to the State of Louisiana, and a land-district was organized with tbe office at Saint Helena Court-Uouse, subsequently removed to Greensburg

A commissioner, also, was authorized, and afterward appointed, who was required to receive, classify, and report to Congress all claims to land in a manner similar to that adopted in the other districts of Lonisiana ; and, fartbermore, to report a list of oetual settlers occupying lands without written evidences of title.

ence of the war and other causes, delays occurred before tbe nis investigations, and a complete report was not made until June, 1815, which was submitted to Congress on the of January, 1816.

It embraced ten hundred and twenty-four claims derived irom the French, Spanish, and British authorities, and a list of twelve hundred and thirty-fonr actual settlers.

This report was not acted open by Congress until (be 3d of March, 1S19, when an act was passed conf rming tbe claims deriveil from tbe previous governments, under certain limitations, and confirming to the actual settlers a donation nut to exceed aiO acres of laud each, provided the settlements were made prior to April 15, 1913, granting, also, pre-emption rights to those who had made their Eettlemeuts at a later date.

By the same act tbe time for dling claims to land was extended, and, subsequent acts, re-extended, and the register and receiver of the land-office were invested with the powers and required to pedbrra tbedntiee formerly imposed upon tbe commissioner.

These officers made several reports ; for their dates, the number of claims reported, tbe acts of Congress confirming tbe same, and relative information, reference is made to tabular statement 0, submitted herewith.

The act of May 9, IB22, required these officers to direct the manner in which all confirmed claims should be located and surveyed, sptcitying tbat tliey should be guided by the laws, usages, and customs of tbe Spanish government.

It appears tbat at this time, and for several years subsequently, much difficulty was eipenenced in securing for these places competent officers who would, tor the limited remuneration allowed by law, perform the required duties : and the inevitable confusion resulting from a frequent change of officers, and tbe disorderly condition of the records occasioned embarrossuient and delays in obtaining tbe evidence requisite tor the proper location of these claims.

By the said acts of 1912 tbe powers vested in tbe " surveyor of publidands south of Tennessee " were extended over tbis section of country, and a principal deputy surveyor residing therein was appointed, with instructions to eteud tbe lines of public survey over tbis district.

Fkincifai, Lines.

The line of demarbation was taken for the base. This line was origiaallv surveyed in the year 1796 by Andrew Elicott, esq., who ran his line east from tbe Mississippi River, and erected his posts at tbe endof every mile. The first twenty-one miles were run witb a transit instrument, but tbe remainder of the line — from tbe twenty-first mile-post to Pearl River — was run witb a compass, and the guide-line only was marked. At tbe latter point Elicott ascertained by astronomical observation tbat be had erred uorthward about TO yards, and, continuing to tbe Mobile River, by a second observation he discovered that be bad gained to the north 2,847 yards. Returning, be removed the mile-posts to the true line.

..Cookie

56 Eepoet Of The Commissiokeh Op

In tlie mesD time, befora OoDgrs acted on the commiaBionetB' reports, the Oovem nient, importniMd b; (h new ettlen, urged the Borreyor Booth of Tenneesee to proBeoate, vith speaitiD, the pablio anireya ; therefore, with the iMae-liue as stated, an independent meridian mnnisg aonth from the thirtieth mile-poet waa extended, and about the year IGBiO the snrreying of the district into lownahipa, eectioDB, and snb~ diviaigiis of Beotions, was oommenoed oonfomiably to the general provisions of law respecting the sQTvey of pablio lands.

Several earveyon were sent to the field ; some commenced from Elicott'a true, and others from the guide line, and thos, in a short time, coufoaion and vexations differences were discovered. But complications followed of a more serious character : a want of harmony developed between tne operationB of the 8aryeor8,aud those of tbeofflcera of the landnlistrict, for while the former were snbdidmg the laud, including confirmed oloims. Into public sections, or, from tboirmeager iuformation of the extent and correct location of the boundaries of private property, were locating private claims on land actnall; public, thereby constructing and distributing maps intrinsically erroneous, the latter, acting under general instructions, and preyed by reaaon of ttie wants of an increasing immigration, were throwing these lands, without reserve, upon the market, and at the same time, acting under their special lustructionB as commissioner to adjust laud-claims, were issuing orders of survey and directions to deputy surveyors, to locate the'private land-claims according to the laws, usages, and customs of the Spanish government. A more intelligible idea of the Inherent defects of tbeoe usages and laws cannot, perhaps, be given than is to be Iband in the hugnage of one of our most exporieaced snrveyois. He states :

" It was the general custom of the anrrejors employed by the French or Spanish government, in locating tracts in the province of Louisiana, having a depth of forty

, merely to survey the fronts of such tracts, and to indicate the courses of the lines by planting bones or posts at equal intervals from each other, and at short distances from the river, without actually running and measuring tbe full depth of said side lines, and without closing tbe suiVey by inning the rear line the extremities of such side lines; and that in tracts having greater depth than forty aipeuts, or a depth extending to another river, lake, oi other natural boundary, it was their custom, invariably followed, as t&r as I can ascertain after careful examination, to measure to the forty-arpent points on snob side lines, and then, at short distances therefrom, to establish bourns or posts to exhibit tbe prolongation of the side

Thismode of enrvej'itig claims was adopted by the deputies acting under the explicit instructions of the leister aad receiver ; of couise, no conliectious with township boundaries, or any lines already established were made, nor even did they join their claim lines, but separate plats of each survey were made and returned as in other districts.

and Bed Rivers, nearly as far down as Nalcliitocbes, and tbe Bio Hondo aud Calcasieu Bivers to the Gulf, was admitted to be a part of Ixiuisinnn.

In the year 1630 the survey of this late neutral territory was commenced. The "basis parallel" was extended to the Sabine Biver, but whether or not an accurate connection was made with Cook's terminus on that line, cannot now be determined from tbe field-ootee ; the presumption, however, is that the snrvej'B were commenced at the thirtieth mile-post as re-established In tbe survey of Cook's line.

From the thirty-sixth mUe-post west, on the said base-line, a guide meridian wag extended, due south, to the Hue of sea-marsh, and from these lines the townships were laid of and subdivided, westward, to the Sabine, and eastward, one range of towu- Ships, to the aupposed western iKirder of the enrveys of 1807, before mentioned.

Owing to tbe errors and omissions in the first surveys, and the failure of these later surveyors, with few exceptions, to identify the old boundaries, it is known that these Inter surveys, in some instances, overlapped the earlier ones, causing interferences and conflictions, which have not yet been ousted.

It will be observed that the surveys heretofore mentioned were mainly confined to the upland portion of the State, and the strips, or ridges, fronting on the water-courses.

At a later period it was found necessary to connect these together by extending township lines, and traversing the Gulf coast.

The Gemeeal Land Office.

inateiul of extending the prinoipBl median Mtath from tbe point where tlie first anrveyore oeosed their work att tbe line of the BeB-manb, to tbe morgia of tbe Golf, and then con tin icing their sarreye, east and west of the meridian, tbey began at the mouth of tbe Atchafalajs Biver, ia nudge 11 east, and ran west, establLsbin|{ townabip boomers at ever; six mileB, and made audi- -vision accordingly.

Thefiret snrveyor, in workinssoath, had taken into conndeiation tbediTergenceof the lines of tbe tme meridian, and between tbe 3lHt and 30° north Latitode, had increased the soot boundary of each township over its corresponding north boundary forty-two links, dividing the excess on eab subdivision ; theroro the sooth boundary of township No. 12 south— about tbe place at which they discontinued their surveyswas at least Ave obtains in excess of six miles, resulting, oa ia now ascertained, ir — —

llie extensive belt between these snrveys, which is a region of marshy prairie, interspersed with islands of eitrftordinary fertility, haa not, with isolated exceptions, as yet been surveyed.

Act Of Makch 3, 1831.

Dp to this time the public surveys of this State were performed under the immediate direction of a principal deputy surveyor in each luid district, who was paid on annual salary of $600, with small additional feee for examining and recording ; if we

stop, for one moment, to consider the inadequacy of r "-

if officers onalified to perform duties so resiMini isic difficulties arisiug from the conflicting provision

aimed by tbe retiring officers of the late government, who appropriated Tainable public records for private uses, refusing to deliver them to their successors, and if we reflect upon tbe apathy of the old inhabitants, and their reluctance to furnish information of which they were the natural custodians, we shall find in these considerations, and in tbe fact that the surveys in each land district were mode independently, not joined by extending township or other lines across the dividing streams, omB of tbe courses that produced the unfortunate and inexplicable condition in which tbe surveys of this State existed at the time of tbe passage of this act.

By the provislonsof tbe lawof March 3, 1831, the surveying district of Louisiana was organized; tbeofficeof principal deputy surveyor was abaUsbed, and that of surveyorseneral created ; but, by reason of limited clerical assistance, several years elapsed before the office was put in working order, and not until after tbe orgontion of the General Land-Office, under act of July 4, 1636, was &ny progress made in solving tbe -complex problem of harmoniziog tbe surveys of Louisiana.

TbroDgh tbe operation of tbis Latter act, a more liberal apportionment of funds was made for clerical work, and, at te same time, tbe maximum mileage for surveying -was increased, and a system of corrective resurveying was adopted.

After several years of fruitless effort to adjust the surveys in tbis district, a resurvey ' -was found imperative, and this was authorized by act of Congress of Anst 39, 184ii.

To acoompluii this intricate and tedious enterprise, liberal, appropnations were made, which were applied, not only to the payment for sucb surveys, but also for the .aary of an assistant survevor to superintend the field-worb ; for clerks, dranghtsmen, and for other incidental expenses.

The work commenced in the year 1844, and was completed by tbe close of the year 1853 ; and, although owing to the great lapse of time, tbe loss of the records, tbe removal from the country ot interested parties, and because of vague and indefinite desoriptiona, a large number of confirmed private claims were not located, yet there is not, probably, in tbe United States a region of equal extent that ia laid off witb more precision, oi one in which the field-work is more thoroughly performed, and tbe maps representing the same contain morensefol and eibanstive information than is the case in this district.

For the accomplishment of this creditable work the Oovemment is indebted, in a neat measure, to the long experience and conscientious devotion of B. W. Boyd, esq., the snrveyoi-geoeral.

58 Eeport Op The Commissioner Of

BJBted, maiolj', ID an eztnBion of township boaDdarieB, locating clainia, and connectiag them with the Iidob of the original aurreyB; aad it was geaerall; found that in undertaking the correction of townsbipa nhure it was auppoBcd only a few milea of Hurveying would be required, BO many error and convictions existed that not only a complete reaarrey of a township waa ntH;eBBBry, but often esteusive eirois were developed ia the siuTOiinding towDsbips. To exemplify tJiis fact, I submit herewith two disgrace of township 19 south, range IS east, southeastern district, nest of the river. The first ia a protraction fm tte original tield-notes aa returned to the princixial denly-stirYeyoT. The second is a true representation of the resurvey of the same tDwnship, where the old comers were identiSed and re-established, and connected together by straight lines. (See diagram following this report.)

In consequence of theae inaccuracies and oonflictiona, it soon became apparent that resurveyB of many portiona of the sontbeaatem aud Bouthwestern diatrtcta, and the diatrict north of Ked River, were neceasary, wbicb, with eoine isolated ezceptiona, have been made, and but for the euapenaioQ of this office in conaeqaence of the late war, it is probable that the pablic aarveys of the State would have been brought to a final coQCluaion several years ago ; and it is but justice for me to add that these reenlts are largely owing to the supervision of the then surveyor-general, William J. McCnlloh, esq., whose genial acquirements and intimate acquaintance with the laws, customs, and usaees of the previons government* signally adapted him for the labors which he bae, with assiduity and conspicuous ability, performed.

After a careful examination of the old anrve.va in the northwestern diatrict and diatrioC north of Red river, which remained uncorrected at the time of the suapeuaion of this office, I have become satisfied that, with the exception of a few connectionB of township-lines across Red River, and some detached jobs, such as the survey of lake beds, Sto., and the correction of a few irreconcilable errors, no further work is required to be performed in these districts.

In the southweatern district it is proposed to continue the system of correcting old and defective surveys, aud preparing new plana of those now illegible, westward to the border of the surveys of 1830 from about two ranges west from the basis meridian, where they were, in the years ItJfiO and Ititil, auapended : and to continue the extension of township-lines across that belt of country between the border of the sea-marsh and the of Mexico, to meander the lakes, watercoursett, and islands therein, and to subdivide such tracts as may be found suitably adapted for inhabitation and cultivo-

' In {he Boutheastem district the uoGnished work conaiata in detached jobs, isolated townships, locating confirmed claims, connecting the coast with the interior anrveye, and correcting errors arising trom the approval of erroneous and fraudulent surveys.

The inherent difficulties incident to the prosecution of theae surveys necessitate an increase of the maximum rate allowed per mile for surveying, and the eBtimates for the following year have been based accordingly.

The extraordinary nature of some of theae detached jobs render their execution impracticable under ordinary methods, aud it ia proposed, therefore, to employ a deputy on a salary, who, when not engaged in the field, can be advantageously euiployed in this office.

Tonr Attention has been called in previous reports to the large amount of uuliniahed work which must be performed before the olosiug of this office, and the transfer of its reooids to the State authorities. My report for 1371 shows that the ttanacrint of fleldnotee for more than seven hundred townships, and plats for the patenting of alxty-one hundred and eighty private claims, remained to be prepared and transmitted to the proper offices. Since that time, no provisions having been made for this work, It reinains ii> ttata qiu>.

The " exhibit of private land-claims," before mentioned, if consummated according to the plans proposed, requires the services of at least two able and competent clerks for the ensuing year.

The estimated herewith submitted, statement D, have been rednced to the lowest figures commensurate with the amount of proposed work, aud with the labor that will be neoessaiily required in finally cliMdng this office, which, it is believed, can be accomplished by the 30th of June, 1876.

I have the honor to be, very respectfully, your obedient servant,

E. W. FOSTER, Survej/OT-Gmieral Louiaiana. Hon. Willis Bbummono,

trqfthe General Land-Office, Waahingion, D. C.

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The Genebal Land Office. 61

C. — Surtegl (Ittd resutvegi prapoifd lo ht iade during the fituxil j/ear enSing June 30, 1875, in the State of Xouwiana, at rates not to exceed (12 for totimeliip boundaries, and |10 for all O&m- lines, per mile.

ExtenBion of townsliip boDDdariea, the meuideriDK of BtreamB and bodies of water, and tlie snbdivisioa of trace of iBDd bb may be adapted for onMvatiOD in the marHlly reon lylag between tbe line where pubho

Borveys were anapended and tbe coast. Estimate coet (T, 000 OO

ContiuaatiOQ uf the Bystem of curreotiTe snrveye and resnrveyB in the font diatricts other tliantfaeGreeDsbiUKlidistiict, in progress until the close of thia office in 1861, In the sonthweat district sail corrections were completed from tbe basis meridian-line, nearly to. its eastern bonndarj and partly tbrongh two ranges of townships west of the basis meridian. It IS necessary that the remaining part of fihe district the line between ranKes 6 and 7 west be resnrveyed, as the surveys of ISO? and 1806, originallf very ilefeotive, and in many instances erroneous, have since become oblibBtated, and aa the sarreya west of said range 6, made &om 1631 to 1842, without ooQDectionswith said old enrveye, conflictiona by local suryeyoTS necessarily occur. In the sontheaatem and other diBtricta said connections and snrveya were completed with tbe exception of aome towuehips and detached Jobs. Eatimated ooat, i '

locate private ,. . . .

Office uf SuitrEroR-QENERAi, District of Louisiana,

New Orltant, La., Auaiat 30, 1873.

E. W. FOSTER, Survej/or-Oeneral Louisiana,

D. — EsiiiHate of fund) to ie appropriated for the JUeal year ending Jane 30, 1675, for mtrin Louisiana, for compenealion of the surveyor-general and Ma clerks, and for ooa— tingent eqwnws in kia office.

Propoeed snrveye and reanrvBys ; For new surveys at a rat not exceeding (IS for township bonndariea

, and (10 for all other lines, per mile 17,000 00

For resnrveys in the four dietncte other than the Oreensbargh

district, including the salary and expensea of surveyor to locate

Srivate land-claims, and to examine and correct old, erroneona, effective, detached, and mttinished surveya 15,000 00

Salarieo:

Sarveyor-general 2,000 00

Clerks in his office 2,500 00

Extra clerks to prepare separate plats for the patentinK of private land-olaims, to traBscritolitild-Qoteefor the General LaDd-Office, to complete an "exhibit of tbe private land-claims," and bride forward other arrearage of work detailed in previoaB aiiDD

reports 10,000 00

Contingent expenses : For stationery, binding, postage, porter, meBsenger-hire, and other iDoideotal

Total eatimate of appropriation required 38,300 00

Of The C0Mmi88I0Nee Op

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Allowed to employ a deputy to locate privAte clma. on a sflLuy, to be obarged and paid from anr-

NOTB, — Appropriation for reanrre yi Included oil eipenaeflfoT office-irork connects with the town-

Orleant, La., Augint 30, 1873-

E. W. FOSTER. Sumn/BT-Omerai.

SubvBIOb-Grs

B, — of ike gurveyorgeneral of Florida.

United Statbb SimvBTOR-GETiERAi.'B Opwiae, TaUahagsee, Fla., September SS, 163.

8IK : In compliance witli instrnctionB I have the booor to make tUe folluniog report of siirTeyiog oparatioua in this district for the GBcal year ending Jana 30, m73, togetliei witlt tabntor statementB of field and otRca work.

I took charge of this offic, and of the anrviiiK service in the diBtricli, ou tile 5th of Kay lost, relieving my predecessor, Hon. M. L. Stenrne, and receipting to him for the public property io his possession. A copy of the receipted invoice was forwarded to the Department on the same day. I retained in service the clerks appointed by my predecessor. The records I foond in very good condition, excepting some natural wear and tear of the volumes of township plats, and some of the volumes of field-notes, by long nse, necessitating repairs, which 1 have had and am having executed.

Three contracts for snrveys of public lands were entered into by my predeceasot during the past year, viz : So. 10, with deputy Charles F. Smith, dated November 20, ]S72 ; No. 13, with deputy Samuel Mambten, dated November 25, 1873; and No. 14, with deputy M. H. Clay, dated December 11, 1872.

Deputy Charles F. Smith contracted to survey the Florida Keys, from Eey Largo to Key West, exclusive of both the unsurveyed remolDder of thij main-land south of the 5 GLO

66 EEPOBT.OF THE OOMSOSaiOKEB OP

everglades, and the isltuida at Cborlotte Harbor. He took the field Boon after making the uoDtnuit, and during the winter completed the anrvey of the Keya, but did not go on to the mainland. He went directly to Charlotte Harbor, and, having fixed a startins point for his surveys there, returned home on account of the lateness of the season Dud the difficulty of getting assistaaco during the summer. He applied for an extension of time till January 1, 1874. which I granted him.

Deputy Samuel Hamblen's contract included the eastern part of the country south' of the Ciiloosahatchee River, which was townshipped during the spring of 1T3 by Deputy Apthorp. His work was returned in due tune and forwarded on the 14th lit' July, and Ills contract closed.

Deputy M. H. Clay had thewesternpartof the townahipping of Deputy Apthoip. He returned bis work witbiu the allotted time, and it is now nearly ready to be forwarded to tbc Depart meat. Tbedeputy's health, which was not strong before he started, biokedowu under the exposure be underwent, and a few weeks after his return be died of consumption; but not before his returns had made, complete and in due form, to this office.

The two contracts which wit, contract No. 10, " "... J. A. Macdonald, were both reported and closed by my predecessor, the form o February 1' and the latter on April 5 of the current year.

Last spring letters were received by this office fim the CommissioDer, dated Febmory 13 and 14, aud March 10, calliuj; for diagrams and report upon the Georgia and Florida boundary. A full report aud diagrams of the townships along the whole liue were forwarded on the 24th of May, with the suggestion that a careful survey was necessary to reconcile conflicting surveys, ascertain the true location of the line, and quiet land-titles; and stating that the duplicate diagrams would be withheld &om the local land-office until the receipt of instructions from the Department aa to whether they were satisfactory. Since forwarding the report no notice of its receipt, nor an;- instruGliouB concernifag the plats, have been received.

It is proposed during the coming winter to survey the remainder of the country south of township 46, und west of the everglades, as far as the appropriation will allow.

Accompanying this report are the followiof; documents:

A. — Diagram showing progress of surveys. I B. — Tabular report ol surveying operations.

C. — Condition of contract nut closed at date of last report.

D.— List of plats furnished the local land-office.

£.— Estimates for the surveying service for the fiscal year ending June 30, 1175. Very respectfully, your obedient eBrvant,

J. W. Gilbert,

Suixvyor- General.

Bon. Willis Drummond,

Commitrioiier 6twru2 Land'Office Wiukingfoii, D. C.

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D.—LUtoftoumehipplatifunhed the local land-o,§ce during the ytarenilingJmieSO, 1373.

Towuahlp Bonth.

Sept. 10. 187! 8ept.lSlB7a Sept. 10, 187!

Mar. 1,1873 Mar. 1,1813 Mar. 1,1873

{M.A.wmiaiiiB'aBoryej, DesoriptiTe aoie

On Teiater'e reqneel.

E.—EMmate of appropriations repaired /or the United Stales mrveyor-generaPg office, diB~ trictfif Florida, andforcontinuittgthepabliontna'uiithin aaid diatrict, /or ike fiscal year ending June 30, 1875.

For salary of Burveyor-general 88,000

For salary of chief clerk J, 600

For salary of draughtsman 1,400

For salary of clerk 1,200

For contingent expeuBes 1,500

Total for office 7,700

For 500 miles towneliip lines, at (7 . . 3,500

For 1,500 miles subdivision tuid meander lines, at (6 , . 9,000

Total for satveys 12,500

Aggregate 20,200

ResTectfiillf snbmitted.

J. W. GILBERT, Surv/or-Gateral. United States BuRVBTOB-GBNERAi,'a Office,

Tallafuutee, Fla., Septemler 26, 1873.

0. — Report of tJte surveyor-general of Minnesota.

Survbyor-Gbnbkal'8 Office,

Saint Faul, Mian., August 38, 1873.

Snt: In accordance wi til your inBtmctioDB, I liave tlio honor to submit the following Bonnal report, iii duplicate, showing the progress of the pnblio surveys in this district, and a statement of the amount of ofHce-work performed since the dat of the last annual report, together with the usual tables relating thereto.

All the surveys nncompleted at the close of the last annual report have been executed, the note* returned to this office, examined and approved, the original plats constructed and copied, and, with traobcripts of the field-notes, transmitted to the General and local land-offlcea.

Tbe table herewith transmitted, marked &., will show the progress and present co dition of all sorreys embraced in contracts entered into since my last anuoal iepor<

70 Bepobt Of The C0Huis8I0Keb Of

The depntiea already in the field, as far bb Iieard from, are making good progress ; a feir, iiowerer, havo delayed enteriiiK upon their work, aa their sarvej'B, beme iu timbered lunds, can be prosecuted to better advantage later in the season ; still it is believed that all will be completed iritbia the time oied in the contracts.

The accompMtyiDg tables will exhibit genetall; the oooditioo of the field and office work to this date.

In addition thereto, the fbllowiDg anmmarf of offlce-work performed since the last annDol report is presented :

The orij];inal notes of seven thousand two hundred and ninety-nine miles fifty-two chains and forty-eiicht links, of snbdiviaional and meander lines have been examined, meanders platted, the contents of fractional lots calculated and placed on the plats and copies.

One thousand one handred and sixty-aiz miles forty-Aye chains and twenty-eight liukH of standard and township lines have been examined and placed on file, and traolicripts made and transmitted.

Sevenly-niae miles Bixty-tbiee chains and seventy-five links of Indian reservation huuudaries have been examined and placed on file, and tranecripte made and transniitled.

One linndred and seventeen township plats have been eonstnieted from the oriEinal tii'lU-notiB, duplicates made and transmitted to the General X.And-Offlce, and ooelianilreil and fifteen copies made and transmitted to the local land-offlces—making an aggii>};ate of three hundred and forty-nine plats sent ont or filed in this office.

Twelve thousand five hundred and seventy-tlve pages of transcripts for the Department and for record in this office have been made, compared, and indexed, with title-page to each township.

There have been made for the local land-offices one hundred and twelve tovmships of descriptive notes, and one hundred and thirty-seven townships for filing in this office, mario a total of two hundred and forty-nine sheets.

Considerable time has been employed in making examinations of the original plats, anil silectiug therefrom land inuring to the State as swamp-land, making lists of same, uud transmitting them to the local aud General laad-offlccs.

The niiscellaneons busioKiw of the office, such as preparing contracts and bonds, diagrams for deputy surveyors, plats for timber-examiuers, making ont deputies' accounts, the general correspondence of the office, and recording the same, &c., iuvolvea much time and labor, of which no detailed statement can woU be ven. The several statements and estimates accompanying this report are as follows :

A. Amount, character, locality, and preeont condition of the surveys in the field.

B, Statement of original commiesionois' and registers' plats made and copied, with

iug area and number of miles surveyed In each, including meanderi

D. Estimates of appropriations required for continuing the public snrveysin Minnesota for the fiscal year endiuo; June 30, 1HT5.

E. Abstract statement of the incidental eipensea of the office for the fiscal year ending June 30, ld73.

C. T. Beown,

Saitreyor- Genera I.

Cotumittionet General Land-Office, Wiuhingbm, D, C..

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Feb! SO, 187;l Jan. 30, 1873

Jan.' 3! 1873

Nov. 3?; 1815

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Oct, Sa.'lTO Deo. 9,187*

Jan. 33; 1813 Jan. 23,1873

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Deo. ;i87a Deo. 0,1873 Feb. IT 1873 Nov. 13, 1879

Not! 9i: 1819 Oct. 98,1818 Deo. 9,1879 Dec o;i879

Nov.9!M8T9 Deo. 19,1879 Doo. 31,187* Ffb. 14, 1813

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Feb 80,1873 Mar. 10. 1873 Deo. 37, 1878 Dec. 97, 1873 Mat, 13, 1813 Mar. 19 1873 Mar. 15,1873 Mar. 15, 1873 Apr. S,1873

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May 13, 1873 19 1873 May 19,1873 May 19, 1873 May 19 1873 Mai 19 1873

May 19, 1873 m4 19 1813 19 1873 May 19,1813 May 19, 1873

May 19,1873 May 19, 1873 May 19, 1873

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May 19, 1873 May 19 1673 May 19, 1873 19; 1873 May ID, 1873 May 19 1373

May 19, 1873 Majl9 1873 May 19.1873

May 19; Im Uay 19, 1813 My 19, 1873

May 19; 1873

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B. — Siatement of original Comntitiivtier'a and register'a plate made, o. — Contiaiied.

Date of tnuu-

1 Jbu. 9,1873

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Eepoet Of The Commi88Ionee Op

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THE GENEBJX LAND OFFICE. C. — Stalanmtof tovmiliipa surveyed, fe. — ContiDned.

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Total nnwber of acres BiiTveyed 34,571,2

78 Bepobt Of The C0Hmi8Si0Ne&amp; Of

Por Fibli&gt;-Work.

Standard sQd m end isD linM, 500 miles, at $16 per mile , (8,000

Town slii p liDCB. 500 mites, at 1 13 per mile 6,000

SabdivisiODB, 35 towuBliips, %600 miles, at (10 pec mile 36,000

Total 40,000

For salaTy of Biirveyor-general ., ..- $2,000

For salary of chief clerk 1,500

For salary of chief dranghtsman 1,300

For salary of two aaaistant draagbtsmeo, 11,200 each 2,400

For salary of three transcribing clerks, ooe at (1,200, and each.. 3,400

Total 10,600

Incidental Expekse8.

For pay of meseeDger, office Tent, itatianery, fbd, &c $2,200

C. T. Brown,

Bdrvbsor-Genrral's Office,

Saint Paul, iTiaii., Augutt 28, 1873.

E. — AMraet statement of Ike inddetiial txpenee* of the offset fwr tk fUeoI ear ending June 30, 1873.

For quarter ending September 30, 1972 $375 00

For quarter ending December 31, 1872 . 585 95

For quarter ending March 31, 1873 i 438 70

For quarter ending Jone 3D, 1873 - 646 90

Total 9,046 65

C. T. Beowm,

Survegor-General. Survbyor-Genrral's Officr,

Saint Paul, Minn., Auet 26, 1S73.

D. — Btort of the surveyor-general of Dakota Territory.

VmrxD Statbb SuavEYon-GBNERAL'B Officb

FOR THR District of Dakota,

Yankton, October 5, 1873. Sir : I have the honor to submit the following report in duplicate of the field and office work performed in this ear veying district aiuce the dateof the laatannnal report of this office, together with the huel statement* relating thereto, and marked A, B, andC.

Subvbyb.

Ist. The standard parallel from the eighth gnide-meridian to the western boandaiy of the State of Minneeota ; the fifth standard pallet from the Sionx Indian reservation to the Bisseton and Wahpeton Indian reservation, alao from the eighth gnidemeridian to the west bonndaiy of tbe Siseeton and Wahpeton Indian reservation ; the sixth standard parallel from we eighth guide-meridian to the west boundary of the Furt WadBworth military reservation ; the seventh standard parallel &om the west boundary of the Sisseton and Wahpeton Indian leeervation to the eighth guide-meridian j the eighth standard parallel from the seventh to the ninth guide-meridian; the ninth and tenth standard parallels from the seventh guide-meridiBn to the Missonri River ; the seventh gni de-meridian bom the third standaid parallel to the sontheaat bonndaryof the Sisseton and Wahpeton Indian reservation; uieeighthgnide-meridian

The Oeneeal Land Oppice. 79

from tbo third to the tenth standard parftllel; the ninth gaide-meridian from the eighth to the tenth standard parallel; the tenth and eleveatb aide-meridiauB frm tbe ninth to the tenth standard parallel, amounting to 882 mUes 74 bama and 89

Sd. Tbe township line* of towoabipa 113 to 130 north, InoIusiTe. of ranges 47 to 52 Treat, inelnsive ; toyrnshlps 113 to 117 north, inclnaive, of range 53 west ; townabips 113 to 116 north, inclnaive, of range 54 west; townships 133 to 136 DOtth, inclusive, of taoges 53 to 59 woat, inclnsive ; townships 137 to 140 north, inclnaive, of ranges 53 to 66 west, inclusive; and all the townships west of the tenth guide-meridian, oet ween the ninth and the tontfi standard parallels, to the Missouri mvor, amounting to 1,677 miles 72 chains and 95 links.

'. The Ibllowing-d escribed townships and fractional townships west of tbe fifth ipal meridian, have been anbdivided into aeotions, viz ; Townships Nos. 109, 110,

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145 north, of range 48; townships Noa. Ill, 112, 113, 114, 115, 116, 120, 131, 132, 133, 145, 146, and 148 north, of range 49 ; townabipa Nos. 113, 114, 115, 116, 120, 131, 132, 133, 134, 145, and 146 north, of range 50; townships Hos. 113, 114, 115, 116, 117, 118, 119. 120, 131, 132, 135, 134, 135, 142, 143, 144, and 146 north, of range 51 ; townships Koa. 113, 114, 115, 116, 117, Ua, 119, 120, 131, 132, 133, 134, and 135 north, of range 52; townships 106, 107, 114, 115, 116, 117, 118, and 135, of range 53; townships No. 134 and 135 north, of range 54 ; townships 133 and 134 north, of range 55 ; townships Nos. 134 and 135 north, of range 56 ; townships 135 and 136 north, of range 57 ; townships Nob. 136, 137, 138, 139, and 140 north, of range 58 ; townships Nos. 137, 138, 139, and 140 north, of range 59 : townships Nos. 105, 1. 107, and 108 north, of range 60 ; townabips Nos. 106. 107, and 106 north, of range 61 ; township 139 north, of range 77; townships 138 and 139 north, of range 78 ; township 138 north, of range 79 ; townships i:!8 and 139 north, of range 80. and township 138 north, of range 81, amounting to 5,932 miles 75 chains and 77 links, the mirvej of 1,349 lota, containing 40 acres each, of tbe S'anton Sionx Indian reservation, amounting to 723

OFFICE- WORff-let

. The field-notes of all the above-described survey a have been oarefnlly examined and approved.

2d. Diagrams have been made and tbe field-notes transcribed of the surveys of the above-described standard and township bnes and transmitted to tbe General Land-

3d. The field-notes of all the above-described townships of subdivislone have been protracted, triplicate maps of each one thereof constmoted, and the maps filed and transmitted as required by law.

4th. Transcripts have been prepared and tranamilted to tbe General Land-OfQce of tiie entire field-notee of tbe abovenleBCTibed townehlpl eabdivlded, all of wbicb have been careful!; compared with the originals, and each one has been prefaced bj an index diacTam.

5tb. Lists descriptive of the land and all the corners of tbe above-named subdivided townships have been made, carefully compared with the original field-notes, certified and transmitted to the proper local land-oSlce.

The field-notes of tbe survey of tbe 1,349 lots of the Yankton Sionx Indian reservation, before mentioned, have been transcribed, duplicate maps thereof constructMl, and the transcripts and maps transmitted to the General Land-Office.

Tbe nsnal amount of misceUaneons hnsiness baa been performed, encb as preparing ' contracts and bonds (in quadruplicate) with instmotions and diagrams of the

coDDta and the ai , . ..

and recording tbe same, toeetber witb other work, all of wbicb oocnpies a large amount of tine, bot of which no legolar detailed statement can well be given.

Wbgellaneoub.

Tbe undersigned cnme in charge of this ofSce in the month of Jannarylast. At that time contracts had been entered into by my predecessor, covering the whole of the appropriation for snrveys for the fiscal year ending on the 30t.h itai of June, 1B73. j5l such contracts have been executed and the work approved, with tbe exception of four, namely : No. 63, with Alexander Anderson ; No. 68, with John P. Knight : No. 77, with William A. Olmstead, and No. 78, with William M. Vinson.

Those uf Anderson, Knight, and Vinaon, and tbe work executed thereunder, are now before thia offlce for adjustment. That of William A. Olmstead has been canceled and tbe work reset to a competent and trusty deputy.

I desire, and have good reason to expect, that all this old work will be executed and adjuateil in a very abort time.

The appropriation for aorveys for tbe fiac yeac ending with tbe 30th Aaj of Jdd*

80 Bepobt Of The C0Uhi8Si0Neb Of

1874, H the Ram of (80,000. Inadditton to this Bmonnt the anm of (4,500 wbh specially ordered to be expended in soivefiDf; portions of the Yankton Sioax Indian reaerva-

To provide for and pay a mfBolent dranghtinK and clerical force to perfonn the ofGcework necenaarilf attendant upon so mach field-work, the earn of (6,;$00 onl; was appropriated. This latter appropriation was obviously too and dieprupurtionate to the large amount of field-work tbrowD npoD the internal labors of the office.

I am pleased to he able to state that all uy enbordioates express a willingness to overcome this emlMrraament by overwork and aoonsCant attention to their several dnties, so that the regular office-work may not fall behind through the limited officeforce rendered necessary by the inadequacy of the appropriation aforesaid for pay of

The whole snm appropriated for anrveys for the Bsoal year ending June 30, 1B74, viz, eight; thousand doliarB, (save a smalt balance, the exact amouDC of which I cannot

DOW state,) has been placed under contract for the surveying and estabtisbing of standard parallels and guide-meridiaas, township lines aod subdivisioual lines.

The work so contracted covers territory in Sonthern Dakota along the Big Sionx Kiver, and extending in a westerly dlrsotion to the Dakota Bivar, and thence &rther west to the Missouri River.

In Northern Dakota contracts cover sections of country along the Red River and within the limits of the Northern Pacific Railroad grant, with the extension of Buoh standards and guides as were necessary, in order to continue the ensuing seoaon the system of surveys already adopted. All contracts were given out early in the season and nearly all my deputies repaired to the Bold early m July, and a mority of Ihem have already returned to this office satisfactory evidence of the execution of good work,

In view of the late instructions from youi Department, and a careful selection of competent and trustworthy deputies, I have every reason to conclude that the standard of field-work has been largely impTSved this season, and that the many causes of complaint in the past of incompetent and imperfect work in the held will have no application to the surveys of this season.

No partition of tbo appropriation has been expended for surveys within that sectiori of country gitDated between the Hed River and the Dakota River, and known as the " Sissetun aud Wuhpeton bands of Siou country," except tbo extcnsiou of standard parallels and gnide-meridiaus therein. The embargo against surveys io that section was not removed by notice from the Department until stl the field-work of this season had been pieced under contract. This omission will necessarily have to he supplied next season, and will require the expenditure of a considerable snm for surveys in such district, which I am credibly informed has many settlers therein located already in advance of the extension of the flublic surveys.'

The season haa been most favorable for field-work, and I may say that all operations in the field have been eminently successful, save only some slight iutermptions by parties from straggling aud demoralized bands of Indians.

Early in the aeosoa Deputy Surveyor Woolley was attached by a straggling band of Yanctonais Sioux, beaded by Quilted Pawn. His party were destitute of arms, while the Indians were (our to one of his men, and were wellanned. Deputy Wooiley concluded "prudence was the better part of valor," and retired from the held. Recently his work has been changed to a location more removed from the haunts of Quilted Fawn aud his braves.

In this connection I beg leave to soegest, as a prudential measure, that fifty stand of arms be placed at the disposal of the surveyor-general of this district, to be used by officer in arming those surveying; parties that go to sections of the Territory the most exposed to incursions and deprfulations from straggling banip of Indians.

Oftentiujes a well-armed party would be perfectly secure against all interference from Indians, while an unarmed party would be driven ftom the iield with, perhaps, the loss of outfit entire. Here in the Territory sufficient arms cannot be bad, and then, too, there ore but few deputies who are able incur the extra expense of an outfit of arms and ommnnitioD. Sbonld this suggestion meet approval aud action on the part of the Government, I have every reason to believe, during the next season at least, there will be no occasion whatever for deputies applying tor military escorts to protect them while conducting work in the Geld. .

U is a fact, however improbable it may seem to one not perfectly familiar with the tide of emigration that haa flowed into the this season, that settlements at this time are in advance of the surveys in many directions. All along the valley of the Big Sioux and Dakota Rivers, and the tributary streams, emigrant following emigrant, and letter following letter, have found rich land and country for the exercise of pre-emption and homestead rights. The Rod River Valley and the country along the Nortbem Pacific Railroad have each received theirfuU share of emigration.

Go where you please in any part of the Territory lying east of the Missouri River, and the pioneers may be found, with family and home, preparing the way for the thousands of settlers who ore snie to follow in a very short time.

The General Land Office 81

Tims it is that " the star of empire-takes its trestward course, ana the most important precurHor for frontier settlements ih the extension of the public-land surveys.

The depot; snrveyor first collects and furnishes the public with reliable data and InfonnatiOQ respecting the chara4:ter of the country, quality of the soil, and nataral advantea generally.

Much valuable inlbrmation has been gathered and furnished this oCGoe this season by deputies vho have necessarily had to explore unsurveyed sections of the Territory, in traveling to aud from their nork ia the tield, and it is a fact worthy of note, that many sections of the Territory, heretofore regarded as valueless, and never to be settJed and inhabited, are, upon actual iuspectiun, found to be as fine lands for the purposes of agriculture as those bitbertu regarded as the very best in all Dakota.

The problem as to ihefutureof Dakota Territory is rapidly solving; the whole Territory is filled with resources and material wealth, awaiting only the onward march of settlement and improvement to secure development.

In conclusion, I desire to testify my appreciation of the meritorious and invaluable services of my eflScient chief clerk, CoL Isaac N. Higtiee, whit lor the past ten years has filled that position in ihis office. Most acceptably has Colonel Highee devoted himself to this office and the public service. Although infirm in health by age aud labor in the public service, still he is at all times found at his post of duty, putting forth every effort to secure-correct lines and efSoient work in this department ; and particularly fortunate am I in securing the services of such an aid, for to him do I owe uiach for the pleasant and efQcient manner in which I am credited with discharging my official dnties. All of which is respectfully submitted.

Papers accompanying and forming a part of this report r

A.— Estimate for the surveving service in this district for the fiscal year ending June 30, 1875.

Abstract account of the incidental expenses of the surveyor-general's office for the fiscal year ending June 30, 1873.

0. Statement shoiving the number of townships surveyed in Dakota and area of land therein. .

Very respectfully, your obedient servant,

WM. P. DEWET, United States iSnrtvjcr- General.

Hon. WiLua Drummoni>,

Commissioner General Land-Offiee, Waahington, D. C.

A. — Estimate of appropriaiioiia reqairedfor eotitlnuing lie puHic urvey in fbe Territory of Dakota, for aalarieg of surregor-general and the clerks in his office, (as per aot of Congress March 2, 1861 ,) and for the inddetttal expenses of the office, for thejitoal year ending Jvne

For surveying standard parallels and gnide-meridians (10,000

For surveying township lines 15,000

For anbdividiug 200 townships 85,000

Total for surveys 110,000

For salary of surveyor-general 2,000

For compensation of the clerks in office of the surveyor-seneral : 9,700

For rent of office for surveyor-general, fnel, books, stationery, and other

incidental expenses 2,400

Wm. P. Dewev,

United States Survor-Ceneral SuRTBvoR-OiwiutAL's Office,

Tankton, Dak., October 5, 18r3.

B.— Abstract statement qf the inddetttal etpenui of the mrreyor-jejiero!'*! ofiee for the fiscal year ending June 30, 1873.

For the quarter ending September 30, 1872 1329 13

For the quarter ending December 31, 1872 366 S4

For the quarter ending March 31, 1873 447 96

For the quarter ending June 30, 1873 534 64

Surveyor- General's Office,

Tankton, Dak., October 5, 1873. 6 GL O

. Cooglc

82 Bepobt Of The Commissioneb Of

C.—LUt tmcHiMjn nrrajKil Ikn TWrKorjr 0/ from July 1, 1B7S, fa Jane

Ke43.M !a,ltM.OB

ia,an.35

E. — Bcpori tA surveyor-general of Nebraslca.

S UK VK YOB-GltNKHiL'a OfFICB,

PIoftMiniU, Avgntt 25, 1873. Snt : In oomplbnuw with tliB inHtrDctiouB of your letter E of HaroEt II, 1873, 1 have the bonoT to submit herewith (in duplicate) my annual report of Uie surveying operations in this district for the fiscal year ending June 30, 1673.

THE GENBEAIi hASD OFFICE. 83

Tbe enrreyH eoDtraoted for ont of the approprialioo of June 10, 1872, aod special

depoeiM mode by tbe Burllntoo and Miesuaci Kiser Riulroad CumpaDy, in Nebraska, iUirehT, Hay 6, and Ma; 32, 18T3,havebeu completed; aUocostraotBKiW.68and69,of .HessTs. A. V. & William i.. KichairdH, for tbe survey of a portion of the Pawnee lodiau reservation, and retmciug the aut-boundadee thereof-

Eieht contracts bave been entered into for the prosecotioa of tie public snrveyain this 'diatrict, oat of the appropriation for tbe surveying service in thia diatiiet, for fiscal year 1874 ; also contract No. 78, of MesBTs. White & Hull, for the survey of a portion of tbe Otoe and Missouri Indian reseTvation lying in tbe States of Nebraflka and Kansas, of which a detailed atateiuent is given in the table marked B.

Tbe field-notes of 449 miles 12 chains and 33 links of standard lines bare been examined, approved, and transcripts and diagrams thereof made in duplicate and traDS' mitted bi the Department.

The deld-notes of 2,246 miles 9 chains and S links of exterior Uoes have been examined, approved, and transcripts and diagrams thereof made and transmitted to tbe llepartment.

The field-noi

Aod transcript, -r- r

JDepartment and the proper local land-offices.

Bescriptivelistsof 231 townships havebeenmadeand transmitted to the proper local land-offices.

The field-notes of the subdivision into 40-acre tracts of 50,000 acres of the Pawnee Indian reservation have been examined, approved, transcripts in duplicate and trans- -script-plats in triplicate thereof made and transmitted to the General-Land OfSce and to the Commissioner of Indian ASaiis at Washington.

The miscellaueons work of tbe past year has been large, embrang the usual range of subjects.

Proposed Surveys. ,

The nsnal estimates for the surveying service in this district for the fiscal year ending June 30, 1675, were prepared and transmitted July 12, 1873, in compliance with jour instructions of March 11, 1873.

The proposed evrveya embrace the valleys of the Loop, Nloteora, and Keha Paha

The lands along these streams are valuable, and rendered especially deairable for settlement by tbe discovery of pine, cedar, and oak timber of good qadity, and in tracts of several thousand acres on the Niobrara and its tributaries. The total area of timber lands reported the last season by deputy surveyors on the Niobrara Biver is about 50,000 acres.

A portion of the standard tines embraced in the estimates of proposed surveys are within the unceded Indian territory occupying the northwestern portion of this State. Tbe extension of these standard lines is necessary to the survey and sutidivision of tbe lands adioining said unceded Indian territory, now in demand for settlement and embracing about all the unsnrveyed land outside said unceded Indian territory.

It is estimated that the increase of population by immigration has been greater this year than last, when it I'cached 75,000. In conclusion I have the honor te caJl your attention to tbe following statements, estimates, &o., accompanying this report :

A, No. 1. — Schedule showing condition of public surveys under appropriation for £scal year 1873.

A, No. 2.— Schedule showing condition of public surveys under special depoait for field-work made by tbe Burlington and Missouri Biver Railroad Company durmg fiscal year J873,

B. — Schedule showing tbe contracts entered into and condition of public surveys nn- -der appropriation for fiscal year ending June 30, 1874.

C, No, 1. — Statement showing the amount expended for salaries of surveyor-general adA clerks during fiscal year ending June 30, 1373.

C, No. 2. — Statement showing the amount expended oat of special deposit fbr office work made by the Burlington and Missouri Biver Bailroad Company, fiscal year ending Jane 30, 1873.

t>.— Statement showing the amount expended for lemt of office and other incidental expenses during fiscal year ending June 30, 1873.

tfl.— Statement showing the description of lands, area and number of miles, for which dnplioate plats and transcripts of field-notes have been transmitted to the Departmen'

Bepobt Of The C0Uui8Sioneb Of

tivB lista ft „ , „ ,

G. — EBtimste of sami required for the extension of poblie suxtojs in HebiMka for fiscal year ending Jnne 30, IrtTb.

H. — Estimate of luma required for office expense for fiscal year ending JoDe 30,

I. — Statement ibowing the nunes, dnties, nativity, whence appointed, term of service, and rate of compensation per annam of persons employed in toe surreyor-genentl's office of Kebraaka and Iowa dnrine fiscal year ending June 30, 1B7.

K. — Sectionf diagram of Nebraska, exhibiting tbe progress and condition of the public snrveys fur fiscal year ending June 30, 1673.

All of wliich is respectfully submitted.

E. E. Cunningham,

SuTvegvr-Geiieral.

Commitnoner of the General Land-Office, Wakingtoit, D, C.

The General Land Office.

"1 — r

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The Genekal Land Office. 89

C, No. 1. — Statement ahoieing the amount expetidedfor aalarieg of evrvesor-general and oUrka daring fiscal year ending Jun30, 187

June 18. B; appropriation for compensation of earreyoi-general for fiscal

year 1W3 -. $2,000 00

Jnne 18. By appropriation for salary of clerks 12,600 00

Sept. 30. To first qowter, ending September 30, 1872 83, 981 25

Deo. 31. To Beoond quarter, ending December 31, 1872 3,500 00

iwa

HarcbSl. To third quarter, ending March 31,1873 3,516 38

Jnne 30. To fonrth quarter, ending Jnne 30, 1873 3, 345 GO

Joue 30. To nnexpended balance . 756 77

E. E. Cunhingham,

SuTvegOT-Qetieral. .Survbyor-Genebal's Office,

Piattamoaih, Nebr., August 25, I'SIZ.

C, No. % — Slalemenl ehowing amount extended out of pedal depoHt /or o3ce~viork, made by the BttrUngUm and ifiswuri Bimr BaiWoad Compatty, during float year ending June W,

Jaily 1. Bjr anexpended balance of Burlington and Miasonri River Railroad special deposits forofflce-wotk 88,889 84

March 31. To incidental expenses, extra stationery, &o |142 10

June 30. To salary of clerks, third quarter, enng Mansli 31,

Jnne 30. To incidental expenses, extra statioaacjr, &c., fonrth

quarter, ending June 30, 1873 252 10

Jnne 30. To unexpended balance 8,170 86

E. E. Cunningham,

Surveyor-General. Surveyor-Gene RiL's Office,

Flattimottlh, 2iebr., Augasl S5, 1873,

1). — Statement showing the amount expended for rent of office and other ioidental eipensea, and addition of accoimt during fiscal year atng June 30, 1873,

1B72. Jane 18, By appropriation for rent of office and other incidental eipenaes,

fiscal year 1873 $2,000 00

Sept. 30. To first quarter, ending September 30, 1872. J834 68

Dec. 31, To second quarter, en£uK December 31 1872 753 40

Marcb3t. To third quarter ending March 3J, 1873 153 00

June 30, To fourth quarter ending Jnne 30, 1873 260 03

E. E. Cunntogham,

Surveyor-GeneraL Survevor-General's Office,

Piattemouth, Nebr., Aagast 25, 1873,

E.-SlaUment, hewing of plaU and tranwripte of fiM-noUt Aon been tranmitUsd to Ou, Department, and tripUooU plal and ieeoripani liiU haw (mo fumiOted to Me Land-Offlee, diving Otefitcal gear enO-

S.S.Sl

ISi

D„i„.db,ijOoale

Ineral Lakd Office.

sss

B. Cunndtghah,

.V

Repoht Of The Commissioner Of

Tonnshtp ™ge.*

s-

lt> .EOI.TO DAKOTA LANIVDUTHUTr.

tomublpa 34 to M. nuigo IS natl le.

Jum30.1813

"

Jane 30, 1873

10 BCCISTRft UKAIID IBUHD LAHD-DUTRICT.

™.B IT to'sTUcliuiivt s™ , . i .

TO MOIBUE IBFlJBLlCill VALL£I LAMD-DMIEKn.

42; uid townabip 17, nuigea tDtaH, hcliain.

ur

Korth of boH Una

t of the aiith priuclpnl meridian.

E. E. Cujtkingham,

All north of haw line Md wegt of rtith principal meridian, NebraakiL

KUlea.

Tbe third gotdmeridian from the eighth standard panOlBl to tho north boundarvof the State; th fonnh guide-meridlaD from the fifth aCandard

suindard paralhjte from tbe third to tbe fourth guide-meridian.

net

13

Bitebioh Usbb.

-both indnaiTe. SDil Icwnebips 31 to 3S, rangea 35 to 29, both luvloalTe.

clnaivc.

Xim

E. E. CUirNrNGHAM,

The Geneeal Land Office. 93

H.—Eetimate of samt required for office expenses for fiscal year ending Jane 30, 1875.

Salary of eorveyor-general 1 $3,000

Saiajj of ohief clock 1,600

Salary of principal dcaneliteiDan 1,306

Salary of two assistant draughtsmen, at f 1,200 each 2,400

Salary of accountant 1.200

Salaryof three copyists, at $1,100 each 3,300

OfGce rent, fuel, messenger, stationery, and binding , 3,000

Total 15,800

E. E. Cunningham,

Surveyor- General. Surveyor-General's Office, '(

Plailsmoutli, Nebr., August 25, 1873.

I. — SUitemetit ahojctng the names duties tiatirtly Khenee appointed term of serrtce and rate of coaipensatton per annnm of persons employed tn the iui regoi gentral s office of Nebraska and Iowa duruig the fiscal year ending June 30 187 1

Dnty

Nativity

Whence up.

Fred M Domngt™ Joseph M. Bwr&ley

James J Willey PetryPGsM

Mi.ionri

Englmd Ge™a.y

loA"

a

Tom of serrioo.

E.E.C

From 1, ISTS, to SO,

I.Wo

i.aoo

From FebruBTY IS M June 30, 1813 As oopjist from February 1 to Jnn

J;!m

JumoryW, IBW

F. — Report of surveyor-general of Kansas.

Sorvktob-Gbnbbai,'s Opficb, Lawrence, Kans., August SO, 1S73. Sm; In compliance with yoar inBtrcotiona of March 11, 1873, 1 herewith snbniit (in duplicate) my annual report of iarveying operatiooa, together with a map showing the progress of the surveys id this district during the fiscal year ending Jnne 30, 1873.

..Cookie

34 Repoht Of The Commissionee Op

The Bonth eaut boandsries of th 8nec Indian lands, in the Indian Territoiy, nere resarvejed Dudw mv dirciioii, io compliance with jonr inetcuctions of Jolv 31,

The Sao anit Fox Indian raervation, a portion of nhich liei iu EonRaa and a portion in Nebraska, was surveyed aa directed in your instmctiona of Angnat 3, ISli.

Six joint oontraota have been enlored into out of the appropriation of March 3, 1S73, toT the extension of the linea of public aorveviin the State of Kansaa. In letting; theae

contracts I have been guided b; your apeoiu inatrDctiona dated Marob 20 and April 9, ltJ73, and existing laws and regnfationa governing tbe surveying service.

One contract baa been entered into out of special deposits made by railroad compftnies, in compliance with an act approved July 2, 16G4.

Vuriog tbe fiscal year ending June 30, 1873, tlie field-notee of one handred and eighty.two milea of standard, one thousand aix bnndred and twenty-fonr miles of exterior, and nine thousand fonr hundred and twenty-nine milea of snbdiviaional lined have been transcribed and transmitted to the Department.

Twenty diagrams, in duplicate, of standard and exterior lines, and plats, in tripli cate, of one hundred and fifty-six townahipa, were prepared, and the required copies transmitted to tbe General Land-Offlce and the proper local land-offlcea.

One hundred and Ufty-aix deeciiptive lists of the surveys executed durins the year ending June 30, 1673, have been prepared and forwarded to tbe respective local land- ' '0£Qces.

Tbe plata and field-notes of tbe Sao and Fox Indian reeetre in Kansaa and Kebraaka, as transmitted to tbis ofQce by the deputy surveyor, bave been examined and tbe areaa recalculated, and two copies transmitted to tbe Department end oiie copy tbe sorveyoi-general of Nebraska. Tbe amount paid fur the aurvey of this leseive was Jl,577.&8, out of appropriation of $160,000 per act of May 39, 1872.

Tbe diSKrams and field-notee, in duplicate, of the south and east boundaries of tbe Seneca Indian landa, Indian Territory, as transmitted to this office by tbe deputy snr- \lflroT, were examined and transmitted to the Department.

The cost of surveying these boundary-linee was 68.52, out of tlie appropriation of (150,000 per act of Hay 20, 1672.

r FUBUC BURVRYS.

Tbe naval estimated for the surveying service in tbia diattict for tbe fiscal year ending June 30, 1675, have been prepared and transmitted to your Department aa directed in your circular of March II, 1373.

In my estimate I embrace the total nnanrveyed public domain in tbe State of Eaiteaa, and aak for an appropriation of $90,000, which amount will be snfilaieut to complete the Burveys la the district.

In coEclnaion, I resjiectfiilly invite your attention to tbe accompanying tabuliffstatementa. which form a part of this report :

A. — Names, duties, and salaries m persons employed in tbe surveyor-general's office during the year ending June 30, 1B73.

B. — expended for salaries of surveyor-general and clerks during the year ending June 30, 1873.

C. — Expenditures of tbe office during the fiscal year ending June 30, 1873.

D, — The extent and cost of public surveys executed during the year ending June 30,

E. — Amounts deposited by railroad companies in compliance with an act approved .July 3, 1664, and the decision of the Secretary of tbe Interior of November 6,-

F — Nnmbera and areas of townships, plats and transcript of field-noteA of wbiob have been transmitted to the Department, and plats and descriptive lists fnmisbed tbe local land-offices at Cawker City and Wichita during the fiscal year ending June 30,1873.

G. — Eatimated expense, number of miles, and character of work for wbicb contraote , bave been entered into and cbarEcable to tbe appropriation of March 3, 1873.

H. — Estimate of snma required for the extension of surveys during the fiscal year ending Jane 30, 1875.

I.— Estimate of sums required for office expenses for the fiscal year ending June 30,

I am, very reepectfoUy, your obedient servant,

C. W. Babcock,

Survesor-QeKeral. Hon. Waue DRnHHONS,

Commitaioner of the General Lantt- Offloe, D. C,

The General Land Office. 95

A. — StalemtHi ah&wing Iht names, duties, nativity, iAnor appointed, and He rate <if conipeHeationper annum, of pfrume emptogaiin the aurveifer-generaVa ofice of KaTua* during lAe JUeal year ending June 30, 1873. .

Daty.

W.B-Coval

ir£k

Entire

i.aoo

Jui.lJniie3,18ra'

Joly 1, 1878, to Mar. 31, 18T3

Tirgiuia.. Ohio

..do ..do

Jaa-l iaJnneSbjErra'

CJolyl loDeo. 31.18JS.., i Jan. 1 to June 30, 1873 ... jQly 1, 1878, to Mar, 31, 1873.. Otl,l87a,WJnne30,1813.. Oct. 1 toDeo. 31. 187% and April 1 MJunB30, 1873.

Ootl toDec.31,lSJa

Octl toI>!.M,WJ3

JohnT-Athej

RC.TMtm

do

Marjtand-

gSgui'd':;

-do

-do

..do

FromAprlll Ui Jane 30, 1873. paid oi

of special depooiU.

—Statement ttu/wing ti

S£

Ontof

podta.

a, DSD 00

Ms 00

Quarter ending September 30, 1873 ..

QiurlieT ending Deoember 31, 1872

Quarter ending March 31, 1S73 ..

Quaiter ending Jnne 30, 1873 ..

Total 11,749 49

96 Report Op The Commissioner Of

D. — Slatemoit iliomvg extent and eoet of gurreii ej-eeukd in EantOK during the fiscal ytar ending Jitue 30, IriTi, payable eat of appropriation for sack mrceya, approved June 10, 1872.

Nomeofdpuly.

3Ui

Jf OIL I..

Amoont mllrage.

Total ol

Jfb.Cft.X.

Jiiiie~W

JnW A

Juli 5

Jtily

m

ia

ta38 95

aoiisw

AimslPong, Burwell t Ur-

aKti4B7

1.TJ3 3I 8.-i07

a,g4iai3e

W39 Bo

a.BJ3 9T

jray.

4M33 91

S9,M3 06

Kama of compimy. Date of depotlt.

Foi surveys.

work.

KaEHaPaoiflcRway Jumary 18, 1873

|S,7M00

te,4S4 0o

F. — Slatement ehowing the detcHptimi o/ (hhiJ* and area ofetanefm-vMckdvpUeateplaU a traaaeripU of Jleld-notes have teen (™tiini((ed to the Dartment, and triplicate plate a degcriptire lista have beeitfamiihed the local land-offett at Cateker Cily ana TFtcAitaan during thefixeal year ending June 30, te!73.

At Cawkbh Citt.

il

S3

il

it

a™.

liS

n

n

a/

S3, 955. To

KoT. 20, im

June 17: ISIJ

The Obneeal Land Office.

F.Statement slutmng ttc description of land* emd o/aame, Continued. AT CAWKER CITY

!

II iJl fjl 1

Art*.

4t

giss

g!f.:;S

j™

lis

au,iB7!t

S0,18T2

Is

ilS

jSei7:i873 s

Jaoe 17 1873 , a

Slii ; Silii '

33, 0J4. 4!i 33,050.44

S2,96I.S0

a-i,9ee.a3

S3, 030.39

as,iaaa3

Si

J&quot;

s::: ss

Jane 17,1813 jSSe 17; Wi

l,a8. 883.es

At Wichita.

as

Jbo. 1,1ST3

Jan.

i.isn

Jmie 17,1873

Jlin. 1,1873

June 7,1973

Jan.

Jone 11.1873

Jnne 1,1S13

lti.O36.se

June IT, 1873

Jm'. i. 1873

Jnne 7, IS73

jtS:

Jnno 1,1873

M

Jul 1,1813

June 1,1813

!a

!H,97;i.69

Jan.

Jone 7,1873

W

E033,

Nov. 30, ma

Jnne 7,1S73

Jsm.

Jnne tIjs

3a

m.

Jul 1.1873

Jnne 7,1813

Jan.

as

a%9is.

Jan. 1, 1873

Jnne 11, 1813

M, 979. 35

Jan.

n033.B8

Jm. 1, 1813

Jnne 7,1813

as

Jm, 1,1813

JmIii:i873

Fob:

;iB13

June 17,1813

Jan. 1,1?I3

Jnno 11,1813

Fab,

June 17, 18rj

it

Nov. 30.1873

aa! 001.95

St

Sb

Nov, 30,1872

jSel7;i873

Feb,

Je niiera

3S

Mov. 30.1873

JnBell,18ra

Feb.

Jone 17,1813

as

Nov. 30,1872

June 17. 1873

Feb.

w

Nov, 30.1873

Jone 17,1873

Feb,

Junt 17:i873

n 391, 63

Jan. 1, 1873

Jnne 17,1873

Feb

n

Jan. ,1,1873

.Tun6ll,lW3

Feb.

jSnel7:i813

Jao. 1,1373

June 17.1873

Feb.

June 11,1873

Jan. l,i?73

Feb

Jnne 17, 1873

as

9&gsa33

Feb

ae

N™v. 30: 1873

Jone 11,1879

Feb

jSm 17; 1813

Nov. 30,1813

June 17,1873

Feb

Jonell.lSW

Nov, 30.1873

a3.908:oi

No.,. 31879

JoSel7;i873

Fb

i;iM3

June 1-: 1873

Nov. 30, 1813

,rone 17,1873

Feb.

Jane 11,1813

3S

as

Jm! i;i73

Feb:

j"Seli;iS73

Ji. i,isn

Jnne 11, 1 813

Feb.

Jnno 11,1873

Jan. 1. 1873

3B

SIdss.

Jan. Litfra

jSSI U. 1813

aa,9ix

Nov. 30, BJ2

Jone 17, 1813

Feb

Jnne 17,1873

St

S.m.

w

June 1873

Feb

J™el7:i813

Nov. 30, 812

Jonel7.1Bn

8S.931.S3

Feb-

June 17, 1873

as

Jone 17,1873

Feb

Jooe 11, ITOl

J' i. 813

Jnne 17.18Tt

!a:i04:9l

Jone 11, 1873

3S

Jaa. 1, 873

Jone 17.1873

Feb.

Jnne IT, 1873

S

Jan! 1. 873

June li 1873

Si.B9&amp;

Jm. 1,1813

June 11.1871

Feb.

Nov. 30, 1872

June 17.1873

Feb.

Jnne it;

Nov. 30,ltna

Feb.

Nov. 30,1812

Feb.

Jan. 1, IBTJ

Jnne 11,1813 123

Jao. 1,1813

Jone li: IBM

Si,9ST.

Jan. I, 1873

J™B llilSli

wmw

Feb.

Jan. l,ln

June n, 187;

iB,047.52

aao7T.

jl!n. VIST!

n

Jan. 1,1813

June 17,1813

c, Had b,

98 BEPOBT OF THE COmaSSIONEB OF

G. — Slatement tJiomng ealjmated txepeM, Miiaiftr ofmUtt, oiuf ckantter of viork for wUdt andracU have beat ttwleredmlojoriiurveiiitg in KanM, axd okATMNe lo tA approffrialton for mck surrqn, apprmtd Mardt 3, 1HT3.

Name of depnl.

Jj

Im

i,iiooo

lis

le

S3

7U

W4

'

Ullea.

Bale.

Coat

The eouth bonndaiy of Kanaaa, ftom the 100= to ICW of kmtnde west

e,iao

Ha

Is

The alKb ataudard panlle) aonth, tram the comer to townaUp 30 aoatb.

The fSnrtb nnd fifth pude-meriiana wedt, from the fifth standard paiaUel

I. — Sttimate of mnu required /or o, for tke j!caf year ending June 30, 1SI5.

Salary of chief dork 1.60O

Salary of principal draachtsnian 1,300

Salaiy of aaeietant dranghtaman 1,200

Salary of aoconntant 1,200

salary of two copyisU, at |1,100 each 2,200

MeBBeuger, rent, and other incidental expenses 2,000

Total..

G, — Report of the svmeyor-genercH of New Mexieo.

Surveyor-Orhebal's Office, .Santa Fi, JV. Mee., Augiut 15, 1873. Sir : In oontpliance with direotiona contftined in yow letter of March 11 last, I have the honor to anbmlt in duplicate the annual report of the opeiatdons of this oGBce fbr the fiscal year ending Jnne 30, 1873.

The General Land Office.

C 80Btby.

Contracto were entered ioto witli deputies for public eatveya iiiTolving an eBtimated expenditure of $19,910. agaiDst the appropriation for the fiscal year of ,000 for that parpuBO. The vrurk undr theae contracts was all executed and returneil. and aocoants adjusted, except the accotiiitB for the last one returned, that of Deputy William White, which is in BOBpensH and under explanation at your offleo. If the whole of Mr. White's claim is allowed, including the charge for meandering the Pecas River, which was not provided for in the contract, but which Mr. White cousidered neceeeary, the appropriation will be overdrawn by the sum of $215.45, which will have to be provided-for by appropriation for deficiency. If the meandering only is disalloivBd, an unexpended balance of the appropriation will remain of 81-12. A tabular statement of the public survey accouut is submitted in detail, married A. A tabular statement showing the DQUiher of acres in subdivided townships at the commencement of the fiscal year, the sabdivieidtiB made during the year, and the aggregate at its cloae, is also submitted, marked B. The subdivisions made during the year, including those made by Deputy White, araouot to 441,011.20 aci'ee. For number of miles of exterior township and standard lines surveyed, see statement A.

Private 8Umvey8.

Two confirmed private land-claims, Nos. 33Bnd34, in thenameof PedroArnendariz, have been surveyed, the ajnount necessary to pay for the same having been deposited, according to law, by present owners. Forts Craig and Mcitae, together with the reservations, except a smaU portion of that of Fort Graig, are situated on these gran:s. The Silver Cit town-site was surveyed under contract with Deputy R. M. Kidder. The necessary funds to pay for this survey were deposited by the .proper authorities according to law, January 12, 12. Several surveys of mining and mill-eit claims have been returned to this office, having been executed by regularly-appointed mtoeral deputy SDrveyors. A detailed statement of these surveys issnbmitt, marked C.

PUBLIC LANM. Since I entered upon the discharge of the duties of this ofBce in September last, a great deal of inquiry has beeo made and much anxiety expressed by iubabttaDts and explorers to have the. public surveys extended in nearly all parts or the Territory, so that in due time they might bo enabled to secure title to the lands under the laws of Coueress. Much of this feeling is produced by the increasing safety from the depre- j_4.: Indiana, which seems now to be reduced to a minimumin this Territory

at least, f am not aware of any serious trouble from Indians during the past year, and under the present able and humane policy there is no reason to expect any. . That difScnlt problem may safely he considered worked out to a favorable result m this region. This Territory is also, in view of the expected early completion of several railroads iuto or through the Territory, attracting attention from the Eastern States and Europe, and this will increase as the means (access become more speedy and comfortable, lu conaequence also of various difficulties in relation to conveyance, title, and other matters, many private grants of Spanish or Mexican origin are not now, and will not be for maoy years, if ever, available for division and settlement. In addition to all this, it is becoming known that the country enjoys a magni£.cont climate, that all its valleys are well adapted to a vast variety of crops, and that its mesas or table- . lands are the finest stock regions in the world. Stock feeds the year round upon the grama and other nutritious grasses, and the winters are so mitd and equable aud comparatively slonuless that stock needs little or no care, except herding, to prevent straying or other loss.

In view of these and other considerations, there is a large and increasing call for public surveys, very many preferring to obtain their Land direct from Government, instead of attempting to purchase in small quantities from grant-owners. The impression ttiat has prevailed in official circles at Washington that all or nearly all of the Territory that is of any value was claimed under or covered by private grants, is erroneous and without foundation in fact- There are in this Territory square miles, or more than three times the total area of the State of Ohio.

In acres there are 77,563,640.00

Of this there has been surveyed:

Confirmed private land-grants 4,377,751.10

Townships subdivided 3,689,474.39

Indian reservations 1,302,960.00

Military reservations 1,434.44

Mining, mill, and towO'ite claimB 693.02

Leaving acres nDsarvejed 68,034,327.15

100 Beport Of The Commissioner Of

Of this vast mb the Spuiiah and Mexieaa grante which will be foaad to be valid it is conftdetitlv believed will not exceed, including those surveyed, an aggregate of more than .9,000,000 or 10,000,000 of acres, or. approximately, oae-eighth of the total Territorial area. A very portion of the nasorveyed and imclairaed public duuiuin of the Territory is fine Bgrionltiiral, grazing, and timber lands, all of whiob an iucreBBing iu value and desirability as the prospect of tlie railroad com muDi cation with the States becomes more certain of fulGtlment iu the near future. Two uf the which it is hoped will soon reach tbe Territory, undone of which, theTexas Paciflc, is being pushed with great vigor, have large land-grants in this land-district, and will expect, as will settlers, a survey of the lands along their lines.

Heretofore, aud for various reasons, hut principally because the Territory and its peo-

Ele have been persistently mismpresenled aud misunderstood, but small appropriations ave been made for public surveys. A good deal of the iguurance in regard to this region bos been propagated by interested parties, intentionally, and good deal of it by those who were uninformed and did not seek to learn, and what has given the bad impression of the Territory a good deal of ite weight is the fact tbat among the latter class were certain Oovemment ofBcials whose biuinees it wae to learn the truth and state facts. DuriuB residence in the Territory my travels have amounted to more than c

-management purely the public surveys onght to be rapidly prosecuted hereafter. .. . DtaDy yeBl paat, other land districts with no better lands, with much worse climates, and incomparably inferior in agriculture, grazing, fruit-raising, and mining-intoreats, have received appropriations annually ranging from (60,000 to {100,000. During thoae same years this district received mere pittances of (5,000 or 110,000. Had a different policy prevailed beretofore the importance of laie appropriations now would not be so pi88ing. But little public survoyiiig has been done, and less than 4,000,000 acres have been sectionized and prepared tbr sale, or lese than ODe-sixteeotb of the domain outside of the private grants. Iu retd to this matter I beg to reter to my letter of November 'J6, 1672, as expressing views geoerally which I hare seen no reaeou to

In my letter of the 19th ultimo I snbmitted an estimate of $125,900 for public surveys, |14,000 for salaries, and $!i,000'for incidental expenses, and herewith transmit a copy, marked D. The necessity for increase in clerk-bire and incidental expenses is explained in the letter submitting the estimates. I hope these appropriations will be mode, that the records of the office maybe perfected as they ought to be, and that proper office furniture and appliances to prosecute properly and coinfortably the ofBce business may be procured.

The following mining and mill-sito claims were surveyed and retarned to this office during the year, and the office-work completed according to law :

The Peabody mine, Chloride district.

The Pope mill-site, Silver llat district.

The San Agustin mine, reduced.

Id addition to the above, during the year, there have been surveyed and the notes . returned under the mining statute of May 10, 1972, the following mining, placer, and mill-site claims:

The Bna placer claim, Ruby district.

The Star placer claim, Ruby district.

The Ruby placer claim, Ruby district.

The Qem placer claim, Ruby district.

The Ban Francisco placer claim, Rnby district.

The Eagle placer claim, Ruby distctct.

The Legal-Tender mining claim, Silver Flat district.

The Santa Juliana mining claim, Spring Hill district.

The Santa Juliana mining claim, first extension south. Spring Hill district.

The L. B, Maxwell mining claim, Sprinz Hill district.

The ChaYes mining claim, Spring itill district.

The Grand Tower mining claim, firing Hill district.

The Lenil-Tender mining claim, Spring Hill district.

The Nickel mining claim, Spring Rill district.

The Montezuma mining claim, Spring Hill district.

The Great Eastern mining claim, Spring Rill district.

The J. S. Hutohason mill-uto, Spring Hill district.

The Hays & Co. mill-site, Spring Hill district.

The General Land Office. 101

The WiaaonaiD Co. mill-site. Silver Flat dietriot. The Cibloa Works Co. mill-site, Silver Flat diatrict. The Chicago Co. mill-aite, Silver Flat diatrict.

The California Co. nill-aite, Silver flat diatrict.

Theae returns of surveya all lie unacted npon in this office, bb no deposit of panda has

been made, as provided bj law, for the work net " — '-'—- -- "

general's office before any further proceed the obtainment of title by tbe claimants.

Considerable activity has been manifested in mining matters, and a, good deal of capital invested in milts, machinery, and mining operations generally, particularly in the vicinity of Silver City, which is an active, energetic, and rapidly-growing mining town in tlie southwestern part of the Territory. In all the miDing districts work has been carried on with more or less vigor nod profit. Thia interest, with the advent of railroads to render the transportation of machinery, material, and mineral, more expeditioiiB and less expensive, will donbtleie become one of great and leading importance in this Territory.

ImibonHH deposit-s of gold, silver, copper, lead, iron, coal, and many other valuable minerals, are well known to exist in many parts of the Territory, needing bnt capital and means of rapid communication with the outside world to cause them to become the source of vast wealth and render the region as celebrated for mineral resources as any in tJie world.

Frivatk Land-Ciaihs.

Under the act of Congress of July 23, 1854, establishing this office, 1 have beard and transmitted tJirough vour Office l-o Congress for its approval or rejection, the following private land-claims, being for grants of lands claimed to have beti made by Spain or Mexico, and coming within the provisions of the eighth article of the treaty of Guadla- Inpe Bidalgo, of February 2, 1H43, between the United States aod Mexico'.

No. €2, town of Ciensguilla, transmitted November 26, 1972.

No. 63, Cia del Bio, approved November 21, IS72.

No. 64, Juona Lopez, approved November 29, 1872.

No. 65, Juan Gabaldon, approved November 23, 1672.

No. 66, San Juaquin del Hscicuieeuto, approved. November 30, 1872.

No. 67, Ana de Sandoval, transmitted November 18, 1873.

No. 68, Lnis de Armenta, approved December 3,1872.

No. 69, Juan Salaa el al., approved December IB, 1872.

No. 70, La Eataneia, approved January 4, 1873.

No. 71, CaHon de Chama, approved December 17, 1872.

No. 72, Ojo del Apache, rejected December 19, 1W2.

"d. 73, Pedro Martin, approved Febmary 8, 1873.

also briefed by him, and was copied and adopted byme,aala(

ining the papers, to arrive at a different opmion. 1 rejected No. 79, for reaaona set forth in the papers transmitted.

The claim of the pueblo of Lagnna is for outlying Innda not positively confirmed by Congress, when the other lands of the pueblo wore, as will be found explained in the raiders. I have not been advised that action was taken upon any of these grants by Congress, nor upon those transmitted last year by my predecessor, nor in fact since March 3, 1869. It would be a great benefit to bova-fide claimants, and no injury that I can conceive of to the General Government, if Congress would act npon and confirm such of those grants as it may find to be legal or equitable. The people of the Territory think they have a right tu ask this much, and it would be the part of wisdom and justice to grant it.

I have become convinced that a new law onght to be enacted by Congress in the matter of these grants from former governments. The act of July 22, 1854, under which they have so far been adjudicated, is very crude and defective. It provides that they shall be investigated >by the surveyor-general, and that he shall transmit complete oopiea of the record through the General Land-OlBce, together with his opinion opon their validity, to Congress, forfinal confirmation or reotion; and it often occurs that, owing to the great pressure of other bnsiness upon the members of Congress, those reports lie in the bands of the Coimnittee on Private Land-Claims, or elsewhere in the archives, for years before any action ia taken. It is obvious, too, that Congress

102 Beport Of The Cohmi88Iones Of

adopts the action here without materiBl modification ; uid the duty of poMinj; upon these claims is of a quasi Judicial natare that it doea not seem to me to be eapeoially adapted to be exercised by Coogrees in its legislative aapaoitj, or by anrveyorsneral, who nsnally are not lawyers, or very familiar with legal priKwedings in regard to titles real estate, eepeoily where the title is derived from former governments of theconDtry, whose laws and reoords ore in a foreign laiignage and whose land system, both as regards pnblio domain and private estates, ia so different from onrs, not only in its geoeral prmciplee, bnt in all its details. Furthermore, the investigations of these grants in tbU efflou are necessarily tavarte under the law as it now stands. The Government is not represented by oonnset, and unless some defect in the title is disoovervd by the anrveyor-gentsal npon the face of the record, he feels compelled to assnme the title to be eqnitabla, and so recommends its confirmation.

It is quite possible that stnne grants have been confirmed that would not have passed the Bcmtiny of a special commission legal ability, provided with colonel for tbe Oovernment, means to compel altendanoe of witnesses, and other facilities for preventing or diBolosing fraud.

In my jodgmeBt Congress ought to provide either to have these olaima investigated by a special commission with right of appeal to the courts of tbe United States, or else they ought to be iuvestieated ftom tbe Bt in tbe courts to final and oonclnsive judgment. The latter plan would be the moet eeonomicat, donbtloea, bnt probably not so expeditions. A statute of limitations should also be enacted, compelling grant owners to bring tbew in to tbe proper tribunal within a reasonable length M time, say before July 4, 1BT6, for atUndication, and providing that after the time prescribed, their title lie forever barred. Such a law would donbtleas have tbe effect of bringing them in for registry and action by the proper authorities, and have a tendency to rapidly bring a solution thiatnoet embarrassing question connected with the public domain, and one that is now causing more injury to the Territory and the Cieneral Ooverument than any other to my knowledge.

Good faith to the people of the Mexican race who remained with us and became American citizens under the protection of the solemn provisions of the treaty of Gaadalnpe Hidalgo, and especially the eighth section thereof) requires a fair, impartial settlement of these claims, and it seems as if it had already been too long neglected.

In this connection, I wish also to say that far more than hf of the labors and responsibilitiea of this office are caused by the iuveetigatiooe of tbeae claims, tbe care of ttiearchives, and other duties connected therewith; and as the salary is no greater than tbat of several surveyors-general who have no duties or rcBponsibilitiee, except those arising from superintending the public surveys, therefore, ifno change is made in the law in regard to tbeae claims, I respectfully ask that tbe salary of this ofBce be raised on account of these duties and cares to 95,000 per annum.

I am. of opinion tbat when any of these grants are finally confirmed, the exterior lines ought to be surveyed at the eapenee of the Oenenil GJovemraent. This was for many years the law and practice, but was changed by act of Congress approved May 30, \SS3. The people owning these grants contend that it is contrary to the letter and spirit of the eiitn article of the treat; of Guadalupe Hidalgo to charge them with this expense. The langne is as follows :

" Mexicans now establiabad in territories previonsly belonging to Mexico, and which remain for the future within the limits of the United States, as defined by the present treaty, shall free to continue where they now reside, or to remove at any time to the Mesican Bepublio, retaining the property which they possess in the said territories, or disposing thereof and removing the proceeds wherever they please without their being subjected on this aocouut to any contribution, tax, or charge whatever."

" In tbe said trritariee property of every kind now belonging to Mexicans not establiahed there aholl be inviolably respected. The present owners, the heirs of these and all Mexicans who uiay hereafter acquire said property by contract, shall enjoy with respect to it guorauteea equally ample as If the same belonged to citizens of tbe United States."

The words "without their being subjected onlbisscGoanttoany nralri&union, tax,w charge whatever," would seem to bear this constrnotion. It does not seem as if laugh could be made stronger. There may have been reasons which bad some strength making this enactment in 1862 nbich do not now exist. At that time a great civil war was ragiuK that aerionaly tbrcatened to dismember the nation, and it may have been thought that while it was uncertain whether the Government could retain this distant and comparatively isolated territory, largely inhabited as it was by people of foreign nativity and language, it would be folly to pay out tbe public money in segregating their landsfrom the public domain. And the general feeling that, during the continuance of such stmegle, it was highly important to husband to the uttermost the national resources, may nave had much to do with causing the passage of the law. Whatever the feeling may have been that led to its enaotmeut, all is now changed. Tbe Union was maintained intact, and it is entirely sie to say tbat the people of no

The Genbbal Land Office. 103

part of tbe country were more devoted asd patriotic tban the of tbis Territory. It is true tbitt tbe rebels invaded it, captured tbe capital, quartered their men in tbis nod other Bovemment ofBees, and devBBtated the people's property ; audit ia'equally trae that the people Lore of Mexican race reaiated tbem to the of their ability, and asaisbed to expel tbem ultimately in utter rout and ruin from our limita. Ooverumeal to treat tbem with faimesg and equity, and can afford to do no less thaD tbie. Theae grants vrhicb are genuine and bo admitted by otir proper aathoritiee are not public domain. Tbey are simply and clearly private property, as much ho as any nJan'a farm in the older fitatcB. To force the owners to pay for separating them from tbe public domain is aubjecttng them to a " charge " vbicb is prohibited by tbe treaty. The eipenae of all eurteys which have not been already executed will probably not cost to exceed $T0,0OO ; but be tbe cuet moi e or less, the atipulatione of the treaty ought to be carried out in good faith and tbe nation's honor maintained.

But Betting aside tbe nghia of grant-owners under the treaty, 1 have uo doubt but that as a matter of busineM management it wonld be good and economical policy for the CiovernmeDt to make these segregations at its own expense. During over eleven years that tbe law has stood as now, but six of theae grantB have been surveyed. This . IB a pretty good indication of tbe feeling of tbe owners, and shows what the fact is, that they are waiting for the Government to return to its former practice, and what was, previous to 1862, admitted on all bands to be ita duty under the treaty. From this it would aeem to be unimportant to provide any means of adjuatiug the titles nnlesB at tbe same time provision is made tor tbe survey. A mere adjudication will not determine the locus of tbe land, or ita shape and area. A survey is neoeasary for that purpose.

The Government is lar more interested to know where its land lies and how much it has than the grant-owners. Tbe latter osually know very nearly their position, andmay sit still in their houeeB with their munimenta of title protected bv solemn treaty, aDd caauot legally be disturbed. At least that in their opinion, and tliey persistently act npou it. It seems to me that these grants or farms may he compared to lakes in the public domain. When we come to a lake in surveying, what do we do I Why, we meander it bauka to aacertain bow much land we have, or in other wordB we run its boundary or exterior lines, which is all tbat is required in tbe case of a grant. It is also an nndoubted fact that if these grants be not surveyed, and tbe public enrveys are prosecuted with due diligence, many lines will run over unascertained grants, all of which will be a useless expense, and may be savi by merely running tbe exterior tinea of tbe grants. Tbe people think, and it sonia to nie not without reason, tbat tbey ought not to be required to do anything different from what woiild have been required of tbem by the Mexican government had tbey remaitiud under it, in order to enjoy the property which they held previous to tbe American acqniaition, nor required to go to any expense or trouble to secure it, and such was doubtless the apirit and latent of the treaty. All tbe statements and arguments of your report of last year in regard to these surveys in California apply with equal force to the situation in this Territory,

Tbe act of Congress approved Jane 2, 1862, chapter 90, Statutes at Large, vol. 13, p. 440, was repealed by chapter 57, Statates at Large, vol. 16, p. 416, witb intent, no doubt, to relievegnuit-owners of the expense of tbe survevB, but as the third section of tbe act of May 30, 1862, was not repealed, tbe object was not attained. Believing that Congress will return to the former just and wise policyofaurveying tbe confirmed private grants at public expense, I recommend that an appropriation of |25,000 be made for tbat purpose for the flacal year ending June 30, 1875.

I begleare again to call attention to the fact that there are standing upon the maps and records as legally existing four reservation which ought to be vacated by Congress. Tbey are two Indian and two military reservations, as follows:

First, tbe military reservation without name, in township IH north, of range SO east, containing 5.120 acres, embracing sections 9 to 16, inclusive. Ttiis reservation, as announced to tbis office by the Commissioner of the General LandOUico in bis letter of Aagust 29, 185T, was made by tbe Fresidenl, August IS, 1M57. I believe it lias never been used by the military authorities; they probably have no prospective use for it, and, at any rate, it lies entirely inside of the confirmed and surveyed private land-grant of the inbabitanta of the town of Mora.

Second. Tbe Fort Butler military reservation, on the Canadian Blver, in townships 13 and 13 north, of ranges 27, 28, and 29 east, containing 76,800 acres, lies within tbe boundiOicB of the confirmed and surveyed private land-grant of Pablo Montoya. It has, I understand, never been used for military purposes, and will probably never be BO needed.

Third. The Boaqne Bedondo Indian reservation, forty miles square, on the Pec Hiver, embracing the old Fort Sumner reservation, which latter was vacated by Ci

104 Repobt Of The Coumissioxeb Of

EKM aa nseleis Febnuuy 34, 1671. This Is not dow nsed as sn Indian n - , --

Em it been for mdm time, nnd the Todian Bureau reports JD a letter to the Commisaioner of the General Land-Office, SO, ISTl, that it has no farther nse for the reservation.

Foorth. The Oila Indian reservation at Santa LnoiaSprinfi. on the Oila River. This tract has not been used by the ludiau Bnreau for many yeera, and is no doubt permanently

TBRftrrOHIAL BOUNDARY.

The whole of the north, sonth, and east bonndaries of the Territory having been established and dnly marked, oi the same pnivided for, it renjaina to survey mm mark the western bonndary. 1 renew the BnfjgBBtion of ray report of last year, that it ifl ioaportant that this line be snrvi yeil und establiehed at ao early peiiod. Important discoveries are being made of minee and placers along this line, and it is very desirable that it be marked before any surveys, either of mining claims, or ordiuarj lin<, are made near it. The danger from luilians is so far reduc as to render it perfectly practicable in all probability to prosecute the work at any time hereafter, especially as it would be necessary to employ large parties for the work. The line approximates four hundred miles iu length ; and as considerable portions of it pass through very wild and mountainouB regions, and expense of supplies and transport at ioo would be great, I suggest that |0U per mile would Dot be too high a price for the work. I expi-ess this opinion merely fur your information, if, as I hope you wiU, you cooolnde to submit an estimate for the work to the next Congreaa.

Bailboad8.

The prospects of one ormore railroads reacbiog the Territory and connecting ns with thereat of inaukind are rapidly brigbttming. The Texas Pacific, or thirty-second parallel road, is being rapidly pushed toward us from both Texas and California, and under the able management of the distinguished railroad men and capitalists who DOW control it, there is no donbt of its early completion. This road will enter the Territory near Paso del Norte or Franklio, on the Bio Grande, in all probability, and continue northwesterly to the western boundary of the Tei'iitory

The Atlantic and Pucific, or thirty-parallel road, does not seem to be pushed with equal energy, but it has a fine liue running nearly central through the Tenitory east and west, with easy grades, through flue ttrazing and irrigable laud, entirely below the line where snows are troublesome. It and the Texas Pacific possess the two best lines yet projected for transconlinental railways, and no better can be foond. It also possesses, as does the Texas Pacific, a maguiUcent laud-grant in this Territory. These lauds will Ijecome immensely valuable as the rolls progress through them.

The Atlantic and Pacific Buad is of much greater importance to the Territory than the more southern line ou account of its more cuutral and commanding route, and if built to the Pacific it would, beyond all question, speedily become an exceedingly popular and profitable road.

The Atohison, Topeka and. Santa Hoad, with its present terminus at Grenada, Colo., is being rapidly built westward, and it is confidently expected it will be completed to Cimarron, in this Territory, about one hundred and gfty miles norl beast from this city, within the next twelve months. Its ultimate ambition is doubtless to reach the Pacific Ocean. It has no land-grant west of Kansas, but is more deserving in this respect than some corporations that having large grants do not use them tor the benefit of the public by building the roads promised when the grants were made.

The Denver and Rio Grande Road, (narrow gange,) now running to Pueblo, Colo., with a branch to CaQon City, has thrown out its grading parties of late some fifty or seventy-five miles toward our Territory, and we have the strongest assurances that it means to comedown the valley of the Rio Graude, which itwillprobablyenter by way of Sangre db Cristo Pass. This north and south tine wiU be of great benefit to tha Territory when completed. Taken all in all the prospects of the 'rritory, as regards railroad communication, may be considered as very flattering, and with their advent a new era will dawn upon New Mexico, and with her admirable climate, her mineral resources, her boundless pastorcs, her fruitful valleys, magnificent and sublime scenery, and health-giving mineral -waters, she will draw to her borders all sorts and oonditioDH of men, wbo will build up a commonwealth which will be an honor to the great nation of which sfae will form a part.

The Gehebal Lahd Office. 105

tiou for tbe purpoeu of discuseJDK aone general scttin of irrigation waa held at Denvet, Colo., in JuDe last. It was largely attended, and much Interest was manifested. Another coDveution for tbe fiirtherauce of the project is called to meet at the same

flace in next. It has been widely notioed iu tbe press of tbe Territories and aeihc States, and it ia hoped a large and influential meeting of prominent citizens vill be the result. It is proposed, I believe, to digest a plan to be laid before CougrcM, to grant some portion of the public domain to aid the work. It woald be ver; proper Hnd politic for the Oeneral Government to do this, on tbe same principle that it gives the swampa aud overflowed lauds to the States iu which tbej tie, to be by tbem reclaimed. Tbe priDciple, I eappose, is tbe saine, but iu one cose there is a troublesome surplus of watet, and in tbe other a dearth of that useful fluid. If it is proper to give wet laud, provided we will dr; it, it is surely right to give ns the dry land if we will wet it. With an efficient system of irrigation in tbe valleys of onr stre&ms, the finest of crops can be raised, and with more certainty as to their growth and with more safety in harvesting than where the reliance is entirely upon tbe fall of rain. Tbe suggestion of your report of last year, that the homestead law be amended so as to require the planting and rearing of useful trees, was a good one, and having been acted , upon by Congress, will no doubt be of great benefit in course of time, both to tbe private lands and tbe public domain, as well by modifying the climate and increasing the rain-fail, it being concloaively proven tbat this effect is always produced bj an increase of groves and forests. A great good wonld also result from an increase of shade for live stock, in additional beauty and variety of the landscape, and in many other ways.

Officb-Wobk.

Tbe clerical force of the office during tbe past fiscal ear has been insuffloient to properly perform the neoesaary labor, and yet the appropriation of $6,300 waseibaustecl nd tbe snm of t534.71 need inim deposits for office-work on private surveys not before actually used. When I took possession of the office last year I found tbat tbe records bad ntit been kept up as they should be, mainly, as I am informed and believe, because it was found impossible to do so with the small resources at tbe command of my predecessors for that purpose. Whether tbe investigation of private land-claims remains ' in this ofSce or not, I desire to complete the records of those that have been acted upon, and make up other proper records, which are either incomplete or not commenced. During the present year I shall not be able to do any more than current work. The preparation of transcripts of grants acted npon for transmittal to CongresB involves a great amount of clerical labor, as they are generally quite voluminous, in both Spanish and English, and have to be prepared in triplicate. Tbey also oanso much other labor not orajnarity performed in snrveyora-general's offices, and so I trust that the appropriation estimated for of $I4,tKM) for the fiscal year ending Jnne 30, 1675, will be granted, as it will be reqotred to keep up carrent work and bring np that which is in

Tabdlab Btatemkkts Accompanyiko This Ruport.

A. — Poblic surveys and cost thereof. B. — Public lands surveyed.

C. — Estimates for fiscal year ending June 30, 1875. D. — Private atirveys retarded and perfected. £. — Condition of the several coDgreesional appropriations. F. — Espeoditares on account of incidentals. G. — Espenditnres on account of salaries. H.— Special deposits for private surveys. Very respectfully, your obedient servant.

S IS ! S i

%s S

mil

Nnlli

The Oenbsal Laitd Office.

!

£

:j

Eenmrbi.

Its

in

1St

11 north g north

g north

la north U north.

M emt! 30etuc.

31 eut. 33eut.

Sleoet!

S3. 046. W

Is!

I3.0.00

TolalsJnoeSO, 1ST3.

i3.9eaoo

Subvxtos-Gbhekil's OmcB, Santa Ft, X. Mtx.

C. — Estimate of approprMriioji* Teqnired for (he siimeirinp icrrica in Ketu Mexico for the fiscal year ending Jane 30, 1875.

For salary of snrveyor-general (3,000

For salary of tr&Dsbtor and chief clerk 2, 000

For aalarj of two dianghtBDieti, at |1, 500 each 3,000

For salary of foar clerks, at $1,500 each 6,000

For incidental ezpeiiBes 3,000

For carver of 660 miles Btandard lines, at (15 (9,900

For harvey of 3,000 mUes exterior township-linea, at |I2 36, 000

For surrey of B,000 miles subdivisional lines, at |10 60, 000

For aarrey of eoaOrmed private land-claims 25,000

Total 167,900

Jambs K. Pboudfit,

United SUtiet Surveyor- General. St'RVXYOR-ORNBRAL'S OFPICB,

Santa Fi, N. Mex., Augtul 16, 187a

Repobt Of The C0Hhib8I0Her Of

Hill

III If

iisii pS

Is;-

lllli ill

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The Geneeal Land Office.

Exp.nded.

Reverting to

iili rve

tl9, 038 98

fii

ri is

Mo anrvoyor-geDend notil Ang. 1-

Uonttngent eipeiMes

Total

i

Tloio.

Froth,iiioluilve.

1 L IsGold

Jnlyl-

Sept. 30.

ssoas

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Doo.31.-

Eont of office

.l. .

Mar. 31

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112 Bepoet Op The Commissioner Op

H. — Report of the suntyor-gmeral of Colorado

Surveyor-General's Office,

Denver, SfplcMber 1, 1873.

Sir: I have the hoDor IiTwitli to submit, in dnplicato, m; auDiml report of tbe Bnrvof iDg operotioDS in (bia surveying district for tlie fecal jeu ending Jane 30, 1873, together with a map shon ioft the progress of pnhlic aurTttys.

StatemeRt marked A ehoivs the surveys made nndeT tbe regular appTOptiatioD for the Bscal year ending Jnoe 30, 1H73.

Statomeot B lions the surveys made aader the act of May 30, 1663, and ameodatoiy act of March 3, 1871.

Statement C contains the number and names of mining claims, together with tbe area and the amount deposited to pay for tbe same, surveyed andei tbe acts of July m, isea, and May 10, 1&!3.

Statement D contains tbe number of tonnehipe surveyed during the year endiujt Jnne 30, 1673, and the area of public lard contained in the sama.

Statement E shows tbe amount of salaries paid surveyoT-general and clerks in his office for the yeai ending June 30, 1973, and incidental expenses for the same period.

Statement F contains tbe estimates for the surveying service for the year ending June 30, 1675, together nitb that of salaries and office expenses for same year.

witbiu the limits of the Kansas Pacific Railroad grant— on the Arkans) , . .

line of tbe Atchison, Topeka and Santa F6 Bajlroail, in the San Luis Valley, and in the timbered lands of the moDntains. I have endeavored to place tbe surveys whtire there was the greatest demand by actual settlers, and I find that on tbe Hues of tbe several proposed railroailH iMttlers ure fliickiug in rapidly both in colonies and individually.

The approptiatiou fur surveys having been inadequate for the demand, I used this present year a large portion fur extendi ug standard and exterior township lines, so that settlers may avail themselves of tbe provisions of tbe acts of May 30, IU6S, and March 3, 1871, providing for individual deposits : aad since tbe passage of the last-uauied act, authorizing the use ol the certificates of deposit iu payment of their pre-emptions, large >ersof settlers have made deposits for surveys, und, as shown by tabular Btatemeut marked B, the large sum of $31,5B3 vras deposited tor special surveys daring tbe fiscal year ending June W, 1673, and I have no doubt a large sum will be deposited tbe present year for surveys under said acts ; and tbe deposits having come from diSerent, and nearly every part, shows the rapid settlement of the Territory.

In the mineral department tbe business has increased rapidly, and during the year 32B surveys were made, particulars of which are set forth in statement marked C. Tbe miners of tbe Territory are aux.ioas to obtain tillts to their mines, and applica. tions are now being made tbt surveys on an average of two per day. Tbe small sum of (16 is required by tbe office to be deposited to the " credit of tbe appropriatioii for the pay of surveyor.general and clerks in his office," to cover the expenses incident to these surveys, and the amount, though small for tbe individual, in tbe aggregate furnishes ample funds to pay all expenses. I have endeavored to make the expenses as low as consistent, and to furnish all the facilities possible to encourage the miners to apply for and obtain titles to their claims.

A few years ago all tbe agricnitnral products used here were imported from the States ; indeed it was thonjht that the country nasunfit for cultivation, bng on the border of tbe "great American desert," but experience bas taught us that when tbe ground is propeny prepared and irrigated its yield is abundant, and a few yeara hence we wiU export many producte of tbe farm to te East ; in fact, last year we exported over 100,000 bushels of wheat to eaat*'m aJarkets, as our average yield wf wheat is about double to tbe acre as compared with Ohio, Indiana, and Illinois. We can raise and pay freight on our grain and suceessfnlly compete with the farmers of tbe East. Our average of wheat per acre is 28 bushela, but I have known fields yield 40 to 45 bushels, and know of several farmers wbo propose to enter at the Territorial fair this fall for the premium " for the best five acres of wheat," wbo will show over 75 bushels to the acre. Ninety bushels of wheat bas been raised on an acre of ground in Colorado, and b!iO on ten acres, as shown by reports of our agricultural society. All kinds of vegetables are raised in quantities sufficient for home consumption, Com, oats, and barley are raised in large quantities, but wo still have to import a small portion of ibe amount required fbr our use. Tbe average of com per acre is 35 hnshels, that of oals

The Gehebal Laud Office. 113

65, and burle; 40 bushels to tbe acre. Crops are rated alroAat entirely bj irrigation, and where farms are properly prepared with irrigating ditches they are more cei tain and regular than in the Bast whore they depend entirely npon nature, for there Ihey are frequently destroyed or damaged by heavy and long-con tinned rain and again by drought ; lint here, where we have so little rain, there is no danger from the former source and neither from the lattr, 'or all the farmer haa to do is to open his irrigating ditches and let the, water flow upon te growing crops antil their wants are supplied. It is a wise provision of nature for ns that in the hottest and dryest weather we have the most water, for tbe reason that our streams all have their sonrce in the roount.litis and are fed by the melting snows ; therefore tiie litter the weather, the more enow melts and tbe streams are tbe fullest. I have no doubt that tbe fact that onr farmers here must irrigate to farm successfully, deters many from immigrating bicber who would gladly do BO, but I am equally convinced that drainage in most Northern States costs more there than irri,ation bete.

taSKB AMD MIHINO.

This branch of Industry is in a bealctty and prosperous condition. Tbe newly-discovered qiine at Mount Lincoln, some of which assay (20,000 to $30,000 of silver to the too of ore, have created considerable excitement. The new tovm of Dndley has been started near tbe foot of the mountain. Two smelting-works have been erected capable of reducing ten tons of ore per day, and will soon be increased to twenty tons per day. New discoveries are almost dally being made, and this new field promises rich returns to the miners. At Georgetown the mines are doing well, and the several mills and smelting-works are kept busy. Many old mines in tbe vicinity of Central City, on which work baa been suspended for several years, have been worked during the year, yielding large profits their owners. The smelting-works at Black Huwk are run continually to their utmost capacity. Most of the smeltincworks of the Territory buy ore by assay from tbe mine, thus enabling the poorer class of miners to work their mines. A number of sales of mines have been made during tbe year, the largest of which was the Caribou, in Boulder County, to a Holland cumpany,for (3,000,000. This mine, flrom its discovery to the present time, bos shown itself to be one of the b

the Territory. It bas been well developed, and with a continuation of its present practical mode of working will undoubtedly prove itself to be one of the richest, if not the richest, on the continent. There are many other good lodes in this district which are paying well, and some new and rich discoveries are being made. I was shown a specimen a few days binge of nearly pure silver from a new discovery about three miles from the Caribou, and I have no doubt that other rich discoveries will be made in that locality. I am of the opinion that the entire eastern slope of the lauge from Caribou south to Central City and Oeoetown is one vast belt of mineral land, and in many places of exceeding richness. We need more smelting-works in tbe Territory, and oapiists would do well to turn their attention to this matter, as there are man; thousands of tons of ore lying at the mines awaiting treatment.

There are nearly six hundred'miles of nulrood completed and in operation in Celorsdo. The Kansas Faciiio Bailroad, from Denver to Kansas City, has two hundred and ten miles of their line in tbe Territory and is onr principal outlet to tbe East, it carries most of the freight coming to and going from Colorado ; also docs an extensive passenger and cattle traf&c The Denver Pacific to Cheyenne (one hundred and sis.mites) gives ns another outlet east, via Omaha, and to the west from Cheyenne. The Boulder Valley Uailroad, (thirty-even miles,) Erom Denver to Boulder City, does an extensive trade in coal from the Erie coal-banks as well as a good passenger and freight business to Boulder City nd the monntains. The Colorado Central Kailruad, from Denver to Central City, (thirty-six miles,) Is doing a good passenger and freight business and is paying tbe projectors well for their investment. The mount aiu-div:8ion of this road IS narrow-gauge (,3 feet) and passes up. Clear Creek Cabon through some of the grandest mountain-scenery of the Bocky Monntains. The Denver and Bio Grande Kallroad, which was completed to Pueblo (one hundred and twenty mild) at date of my last annual report, has been extended to the coal-fields near Cation City, a distaiwe of forty miles from Pueblo. As this is the only coal in the Territory reached by cailcoad, suitable for locomotives and gas, thisdivision of the road does a heavy business in the item of coal as well as fi'eieht and passengers to CaQon-City. This rood is. the first narrowgauge passenger-roaa of 3 feet on the continent, and was, to a certain extent, an experiment ; hut it is no longer such ; it has exceeded tbe most sanguine expectations of its projectors, bavingdane nearly three times tbe business that was estimated before the work was begun. The company began biisiness with three locomotives, two passenger and about fifty freight cars, but soon found these insuffiiiient for the bosiuess S a L O

114 ?Epoet Op The Commi88Ioneb Op

and now have twelve loMmotlvs,flflea pasMuger And batfgMe ears, and nearly tbie

liundiiHl freiKbt-cara, all of wbicb are kept bua; . Tbe next division of forty miles ia boiag K''Boutli PneUlo, imil will aooa be ready for the ties and iroa.

Of the railroads' now being constrQcted, 1 will mention tbe most important. Tbe Kuusiu Pacific, from Kit Carson to Fort Lyon, flfty-four miles, was graded lat fall, and the ties and iron are now beige laid, and the cars will soon be rnnuing to the latter pluck! on the Arkansas Kiver. It is intended very soon to build up said river to Puebio. Karveys of this route are now beiu); made. The Golden JnlesbuVfh Road, from the latter place on tbe Union Pacific Railroad, has been Knded over one Luudred miles up tbe Platte Valley, and will rnn up the said valley, via Greeley, Lougmont, Bonlder City, and Golden, to Denver. Tbe western portion of this road is now Euilt and beins operated from Denver, via Golden anil Boulder City, to Longmont. The Dnnver, South Park and FacitlcKailroad, in aid of which tbiscounty (Arapahoe) voted $-100,000 in bonds, is now being; couHtructed. Its main line is np the valley of the Platte River to the Sonlh Park, wbeuee a branch will be built, via Arkansas Kiver and Pnncba Pass, to the San Juan mines, and tbe main line contiouod, via Middle Park aod Utah, to the Paci&o. The main line now under construction to the South Park will form a trunk-line for immerouB branches to the different mining districts, and which will traverse rich and extensive regions beyond. A biauch will also be built up tbe thickly settled valley of Dear Crvek lo the new town of Morrison, fifteen miles from Denver, where timber, MOod, building-stone, lime, gypsnm, &c., are found in abundance, and only wait cheap trnnsportatiun to a good market at Denver. This is one of the most importaat toads leading into Denver, and it will pay a good dividend on the money invested in its eonstmctjou.

BUUHBR BESOItT.

As B cninmer resort Colorado has already attained considerable celebrity. At the present, time miny thousands of please re-seekers are visiting the mountain -towns and Boda anil lulphui' spring<< of the Territory, and enjoying tbe light, dry, and cool air of . itlie nionntallis, in tne immediate vicinity of perpetual snow, where abundance of game :1s fiinud for tbe hunter, and beautiful mountaiu-trout for the angler. The mineralsiiria) of tbe Territory, wbicb pOHSess all the medicinal qualities of those of celebrated piseea of resort in tbe Enst, have been well patronized by both pleasure-seekers and invalids. At Manitou Springs, at the foot of Pike's Peak, and near the celebrated .Garden of tbe Gods, a firHt-class hotel furnislies the best of accommodations for guests, .and the waters of the springs have performed some wonderful cures. At tbe Idaho ifit.-4jada Springs good hotels are found, and swimming, tub, and shower baths are the Inxuriaato be had. Both Manitou and Idaho are reached by railroad. Tbe hot sulpbnrspring, in Che Middle Park, is the largest and probably the best In the Territory, but ie somewhat difficult of access. A new wagon-road is, however, now being built to tbe Park, .via fiollinsville and Bonlder Pass, and a town has been laid out at tbe springs, where. it is intended to build a good hotel, and by next season it will undoubtedly be .A ftvotite resort both for invalids and pleasure-seeker.

Op.Nbral Prospbritt.

It is giatling to be able to report general prosperity in all branches of industry in <the Territory, and a woodeiiul iiicreaiHt of population and wealth. 1 will give a few ilustauces: JJeuver, the commercial aod [lolitioal metropolis of Colorailo, iu I'70, as shown by tbe United toutes census, contained apopnlatiou of less than 5,000. A census taken nuderMthnrity of the city eonucil, in 1W7I, showed a popuktiou of over 10,000. In the spring .of 107.1, by actual count, Denver bud 4,000 houses, and by makirig the low estimate .of All average of ttve persons to each house, we had 20,000 pojiulation. There were jjtocted in Denver, during last year, 714 buildings, (nearly half of which were substantial brick or stone,) at a cost of tl,4*JU,000, and her business iucreubed three and oue-half millions during the year. Two new public-school buildings were erected during the year, one costing (75,000 and the other $15,000. Still another is now being bailt, to cost (14,00.

Puublo, situated oue hundred and twenty miles south of Denver, has nearly doubled its populHtiuu during tbe year. Colorado Springs, on the Denver and Rio Grande Railroad, soveut-six miles south of Denver, where in 1870 not a bouse stood or a soul lived, DOW cootaius 500 buildings and nearly IJ,000 inhabitants. Golden City, Oreele.v, Longmuut, Bootder, and other towns, have increased iu population and business with equal rapidity. Tbe improvements are not confined td the cities and towns, but the 'country is also fast settling up with laimers, dairymen, aod stockmen. The Territory is having a healthy growth, and we are destined to become, in a fbw years, a very ridd And populous State.

Very respectfully, your obedient servant,

W. H. LESSIG, Survegor-General of Colorado.

The General Land Office.

A. — Statenttnt o/aecouat ofuirveyt m

D.t..

Same of deputy.

Amount.

Ajnoont.

J H Marti

7,91X105 i; 035 83

By apOTopriation of March

Bj appropriation of Pelira-

0t, 15,1873

5l,0iaB2

5l,0i53

Sept. I Oct

B. M. Whlttmi

R U. WhltUmore

arc. Oaitea... ".'."'.'.'.

lUchard Fawcett

Oeoar Eaton

George H.HiU

D.COakaa

WUUam A. OaMHa . . . GearaelLHill

n.C.Otkea..

D.C. Oakea..

Qeorgi

By Inillvldiial deposit. .,

eooie

Cecil A. Deane.— A. M. Fahrintjer . . Oaliea & Kelloirir . .' Goorge H-HilTr... CccifA.Deane -J. H. Kellogg

E.H.KellofH

Goorge a.Eu

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Beport Of The Comui88Ioneb Of

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gas

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l?-SS:S

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83, 040. so SS,H1.50

aa,933.8a

Survegt and tM of Sem McatMin inen&aat.

aa,90iBi

D„i„.db,

The General Land Office.

Sate.

DbW.

Amount.

aF

pso 00

Iso 00

nso 00 moo

Iso 00 Jjsoo

3Ho0

3T5 00

Sept. 30

Mac. 31 June 30

ISTS. Jane 30

By Bela1 deposit on ao-

By special deposit on aecan DC of miniiiB-claiois

By special deposit on aceoiiiit of mlDing.cIniniB

ChaT.etta'X'r.|,S'S''n- ' " "

f-JS'SS"?.:

i.iaoco

By appropriation

W. T. MoLEOghliS, lbtiii

Jniwao

B. E. Kimberly , tranaoriblDK dark W. H.LeMig, nryByor-BeDO™l...

E. W. Cobb, compntlngclork

J. H. Bontuiil, dmaehtsmnD.

JabD B. Cromwell. trBDeciibing

B. K. KlmlBrir. traDBcriblQg clerk .

ToeipeiiBe.Mqwttlei-.ira

To Apenses Ut qo*rr. 1813

To BTiieiisM M quarter, 1B73

U, 509 70

Si

K.Oo0Oo

By balimce from lait year .

a, 610 IB

V, — EiHmate of appropriaHim Jar mrvey of jrablio land in Colorado for fhe jUcal ytar aiding June 30, liJ76, for talaritr of wrvtyOT-getteraX anil elerlv in Ai offtot, aid offle and iuddmtal exjieiiietfor tKe lavteperiod.

Forsnrrej of 300 miles of standard lines, at $15 per mile (4, TiOO

For 3,000 luilea of towDship-lineB, at $12permile 36,000

For9,000mUeaofBDbdivMoiialliiies, at (10 90,000

Total 130,500

For salary of Borreyor-KODeral — (3,000

For salary of chief clerk 1,800

Forsaliuy of dranghtsman 1,500

For salary of a88iHlQt drangbtsman 1,500

For salary of oompating clerk 1,500

For salary of tno traoscrlbiDg olerke 3,000

For ofBoe expenses, rent, stationery, incidental expenses, &0 (3,000

126 Eepobt Op The Commi88Ionee Op ,

l.Beport of lAe turreyor-geaeral of Montana.

TIsiTED States Scrvetor-Gbneral's Office,

Seltna, Mont, August 16, 1873.

Sir : I have the honor to tranHinit herewith the nanat bddu&I report of this office, with accoiupanying BtatenieDts, in duplicate, for the fiscal year ttndiDg June 30, ItJTS, to wit:

A. — Showing condition of appropriation for anrveys of pnblio lands in Moutaoft fbt the fiscal year ending June 30, l!3.

B.— Showing amount of special deposits made foi field and otBce work on miniDgclaims in Montana Tairitary for the fiscal voor ending Jane 30, 1673.

C— Showing list of lands anrvoyed in Montana sinc Jnne 30, IHT'2.

D. — Showinjj condition of snrveys contracted for bj the sarveyoreeneral of Montana, tinder appropriation by Coofcress for the fiscal year ending Jane 1873.

E. — Showing condition of appointments for minenil sarvefOTS.

F. — Showing the number of township-plats and descriptive lists of land, soil, timber, and corners, fumisbed the Helena l&ud-office since June 30, 1872.

O. — Shonine condition of appropriation for clerks in surveyor-general's office of Montana for the fiscal year ending Jnne 30, 1S73.

H. — Showing condition of salary of surveyor-general of Montana.

I. — Showing condition of appropriation for the incidental espensea of sorreyvigeneral's office.

J. — Showing anionnt of special deposits made for the survey of pnblio lands in Montana since Jnne 30, 1872.

K.howing the number of plats made in the ofQce of the United States surveyotgenerat during the fiscal year ending June 30, 1H73.

L. — Showing the total amount of land surveyed in Montana np to Jane 30, 1873.

M.— Showing the number of linear miles anrveyed, the rates per mile, and the total cost of the snrveys, during the fiscal year ending June 30, 19T3.

N. — Giving names, nativity, &.i;., of surveyor-ire feral and clerlia in his office.

O. — Estimate fur the surveying service in thodiatriot of Montana for the fiscal year ending Jnne 30, X'b.

The appropriation of {50,000 for the survey of public lands in this Territory daring the lost fiscal year Las been all expended except a balance of $26.66. Two special surveys of agricultural land were made foi individuals under the deposit system for and (550 respectively.

Meridian and standard liiiee have been extended and established aa followa: The Bitter Root gnide-meridian between rangea 20 and 21 west, through township 5, 6, 7, and 6 north ; the Teton gnidemeridian Detneen ranges 6 and T west, throngn township 22, 23, 24, 25, and 3t> north ; the Flathead guide-meridian between ranges 19 and 20 west, with oflsets to range 21 weat, to one tow ship north of the seventh standard

Sarallel north; the base line through range 15 west; the Big Hole gaide-meridian etween ranges 14 and 15 west, through townships 1, 3, 3, and 4 south ; the Deer Lodj guide-meridian between ranges 9 and 10 west, through township 5 sonth ; the third Btandonl parallel north, thFougk range 3 west, three and a half miles ; the fourth standard north, through range 6 west, two niilea ; the fifth atandard north, through range 8 west, one and a half miles; the Black foot guide-meridian between ranges 11 and 12 west, through townships 13 and 14 north; the first standard north, between rangeaSO and 31 west, through townships 5, 6, 7, and 6 north; the sixth standard north, through rangea 3, 3, 4, 5, 6, and 7 west; the sixth standard north, through nnges31, 32, S3,34,35, and part of 26 west; fifth standard north, through range 20 weat ; the seventh atandard north, through ranges 31 and 32 west ; the second standard Bonth, through rangea 10, 11, 13, and 13 west.

In addition to the meridian and standard liae, ninety-four townahipa in the different valleys have been surveyed and proper returns made of the same to the General Land-Office, and the duplicate plate utd the regular descriptive lists of land, aoil, timber, and corner, filed in the Helena lBnd-offloe,as per statement F, herewith inclosed.

During the year there have been drawn in this office 32 diagrama of standard lines, 40 of township-linea, 416 mapa of mineral claima, SO for nee of deputy surveyors ; 73 supplemental mapa of townships made fractional by mineral claims, 332 regular towaahip-maps, one contract and two general plats of the Territory, amounting in all to 865. Outside of these, several diagrants and copies of maps have heeu furnished certain offlceia and citizens, through courtesy.

The Qeneeal Land Office. 127

DnriDf; the year there have mn and Bstabliahed the following nninber of llDsal milea of surveys :

Meridian-liDes, 136 miles 65 cbaiDB 53 looks; baae-line, 6 miles cbaias links j standard-lioes, 124 miles 76 chaiue 32 liDks ; townBhip-liaes, 550 miles 43 chains SO linen,' section-lines, 3,8S3 miles 13 chains 22 links; meaailer-lines. 36 miles 62 chains 11 links, amounting iu the aggregate lo 4,728 lollea 22 cbaluB and 98 Uuks.

The notes of these surveys, as eetablished, received critical examination in this office before approval, and werv found, as far aa is possilile to detennioe froai them, to conform to the laws of the United States and my special instructions ; they were properly transcribed, and tbe copies carefully compared with the original notea and transmitted to the Goneral -Land-Offlce with tbe trijilicafce plats ; the original notes and plats remaining un file iu this offlce for future reference.

Tbe total cost of tbe field-work of tbe above-nailed surveys was $51,731.72, and office-work ,000, makinfj an aggregate amount of (60,731.72. Tbe total acres surveyed, iucludiug niiaomJ claims, during the year, is 1,475, 357 ,05, being an increase over last year of 332,3t% 98 acres, and the cost per acre of this year s surveys is a fraction over 4n cente, being .13 of a cent per Sicre less than last year, and of a cent lesB than in 1871. The public land surveyed iu Montana this fiscal ear will, when sold, brinir in a revenue to the Government of $1,844,193. Tbe projeotiou of the eufveys on the lithograph map will more fully show tbe extent, direction, and location of tbe work above mentioned. Tbe total number of acres surveyed in this Territory siuce the Inception of tbe public surveys in this district foots up 4,731,685.56, i Deluding mineral olniB on unenrveyed land, as shown by statement L.

There have been 104 mineral surveys and deposits made for mineral claims since my last report, and tbe proper returns executed and filed according to law and instructions, being an increase of 56 over last year,

Tbe special deposits foroffice-work nu mineral claims amount toS3,420. There were no special deposits for mineral field-work, as tbe new law of May 10, 1H72, did away with that.

The usual routine of ofQce-work has been gone through with, and the files and records are in as good shape as any one could desire- Applications for surveys of mineral claims started np briskly about Ootober, 18T3, and nave maintained about the same rate ever since, and bave largely increased the work iu this office, requiring tbe employment of two clerks part oi tbe year in that department alone.

The yield of gold bas steadily maintained itself, new plaoer-mines having beer> slipcovered, and tbe old ones bave been worked with good success.

Quartz-mines in some parts of the Territory bave yielded splendid results, the cbielest of which are those at Keatingville, abuat thirty-live miles southeast, and at Vnionville, three mUes southwest of Helena.

There has been more interest manifested in silver-mining this year than ever before, aud some very rich aud extensive deposits of this precious metal have been discovered in dilibrent localities. The Legal Tender, First National, Second National, and Mammoth lodes at Clancy, the Ruml and Australia, near Boulder, tbe Little nima, Knseell, Micawber, Gilmour, Lac La Belle, and Wallace, at Bed Mountain, are named as a feiy of the very many rich leads which bave been discovered during tbe year.

The Legal Tender was bonded lately, I am told, to au English company for 81,000,000. Large quantities of silver ore have been shipped to tbe States and over to Swansea, In Wales, liir reduction, and large returns bave been realized. Tbe silver-smeltlng works at Helena have been in operation the most of the time, but tbe high prices of labor, fiuies, aud other material at present eat up most of the profits.

All we'requitu is railroads to bring in immigration aud capital to this country to develop our mines and resources and to prove beyond all doubt that Montana is the richest mineral cegioa in tbe United States.

JOHN E. BLAINE, Surveyor-General for Montaita.

Hon. Willis DtttrMMOim,

trof Ote Gtntral LanA-Offlct, WatMngton, D. C.

Repobt Of The C0Uui8Si0H£B Of

Due of *o.

ommt.

"—

DaU.

A.g, S,1BT3 Aog. 10,1813

Sept fi,lBTS

Bept 30,1873 Sept. 30. 1872

Sept 30. 1872

Oot 22.1873 Oct 33.1872 Oot 20,1873 Hot. 0,1872 Hoi.lMSra Dm. 12,1873 Deo. 31,1872 Jan. 0,1873

Jan. 15.1873 Apr. 7,isn Apr. 11.18TS A_pr. 13,1ST3

Jan. 8,1873

June 30, 1873

To J. M. Man* and

nd'ulDrydSrhletsagio

i: 403 52 4,300 00

i.7?8ao

sss

ffi.'fS

Mar. 3;iS73

s=ise

5Soo0

M

4S

loJ.'Ml'-ii-ild"

To SeymoDT Nebeker and Wni.H. Baker.

ToJ.H. Tbom A.J. Everlv

ToW.T.andll.KMo-

Id

To Force W. IrvlnB

x."A1S:eiS::

To J.H.Tbmna.aiid

A.J. ETcrlT

To John L. iJorbett,

To balance „..-

30Ss E. Blaotb,

Dcl,z.db,G00gle

The Gemeeal Lakd Office.

; aB?Jn""s

llillirilliill!!!

"i

Bepobt Of The Commissioneb Of

, i i ti lit j

' ii&itiUliliiniiiiiUit

S235SS2-|S232SS552S-122 . . 2£S22222S2S-i23

mMU%u%s.iUsmmnm%nummwiuut

;S2S2Ee8S=:S&#x27;

£$;3a$3$$S3$$S33S93$33$S333t$$S$$S¥S$$3S33

?53SS5S5S3SK3SSKSSSSgSSS8ES2SPSPSSi5PSSSSS

Silli

The General Land Office.

nm

I III illl m llil 11 il.il ilzl S'S-S'S'sfI 1 5 g I i 11 1 1 a 1 1 1

:ilS :i ;a : : ; :g :

Bepobt Of The Comhissioneb Of

J

ti

s

A.

B.

D.

a

a

t

S north:: 3 south..

i:Sorth::

Is;

BUUth.

9 Baath. 39 notch.

SO north.

is St:

19 north. 13 north.

SSt:

Tireet!:

iow-'si

10.314.49 13, S99. 94 . Id. 608. 00 15.633.87

awet..

Bwrat .. Swert ..

4 west.':

j™t ::

vost .. Sweit ..

Owest :' 9 wast.

Swert!:

8 west '.

Sweet: 4 west:

Swesi: 7 west.

8™t:

Sweet.

elms 58

Hi

SK.827.ai

ass

noM.M

Ki

93.0Sa.59 93963.12

Bl,9ii9.88

Sss

ifl.aiii.jD

Ss:S

Ss:Si

968.00 SS.985.18 33, 04a 00 640.00

S,Wd.0O

ioiaoo e8aoo

33, 04a 00 33,038.01

33.031.7S 33,040.00 23,0374 33.705.20 23.040.30 23,058.59 93.963.13 23,038.77 23,095.97

Si

ISi Isi

93io4aoo

946.01 S; 008. 00 33,038.7 33,014.59

Isi

gS:S

The General Land Office. 133

C. — £it of public lands surveyed in Montana Territory, e. — Contmned.

!

A.

B.

D.

,

S

11 north., n north.

sSSrth!- 8 north.

7 north.

8 north.

iSS;.

'tSS::

11 north. . north!!

laweet '.

9 west! SOweat.

31 west: 19 wet .

21 west '. lowest . 19 west.

aowot!

30 west! SOweat!

ftiooloo

islasoiTi u; 004. 00

e.748.

18,385.68 5,308.50 8,274.33 8,5a.68 7, 191, OS 12, H8. 18 11,071.35 11, SMS. 06 13,343.00

rs

gs-s

33,8Ea36 23,040.00

a' 937.10

S'i

D„i„.db,

"11 f

P

The Genebal Land Oppice.

Jirtto,

„

Eepobt Op The Commissioner Op

Ueoree B. FoaCe . John L. CorbetC .

Bfni- F. Uuah ..

JnimM. Muah!! JsmeB M. rajw . .

M.C. Kohledcr!! Grin F. Umod... W. W. DoLaoy ..

Sitent of dMrlot

iitea aUtri Lotlie, U Li- KHiLfc. uii] Beaver lend. of Big Bom, Gsl- iMlB, uid MiuUaon.

UontUB Terrltorr

R*-appointed Iteeember 1 9

I8IS. under actor May 10, 1X72, for tbe whole feni

of May 10,

Towrahlp.

A.

W, when*

Esr-ss:

Sweat Sweat!'!!

12wot"l!!

iivta '.'.'.'.'.

ISweit

ISweat

I?! iiS:::::

4we8t;';!

♦ west

n; 915,* 33 33,975.35

gss

ri;o4i.36

33,033.74 ift553.0S 4,473.43 33,058.53 33,963.13

Ane. 7,1872

Oct 3.IB73 Oct. a, 1872

SiiS s lis

St 5S

Oct 33. 13

Oct Si87a

Oct 33.18 Oct 23,1873

alii

Oct 33.18JS Oct 33,1873 Oct 23,1872

d VSi

The General Land Office. 137

P, — SkoKingadeieHplionofland Jorwhidh township plaU and degeriphve liate,4v. — Cont'd.

Ai™.

Sa";t::

s.r:e

13 west!!!! lowest

10 west ISweat

Sweat

6w™t:!:;

4wMt

Sweat

aoweet

Slweat!!!!!

lowest!!!!!

SOweat

ai west!!!!! 3wt!!!!!

Acra. 93, 097.

SSf,

93.69e!83 33.035.78 16;W4.04 93,009.03

901980.93 098.11 !e:90i.9O 33.069.38

sis

pSi

Nor. 6.1872

K: !:B

Not. 15, 1872

K:!?:S

Not. 1872

Dee. 161873 Deo! 18! 1819

sill

Dec! 18.1873 Deo. 18, 1879

Silii

Jau. It. JSJ3 Jan. 16, isn Jan. 16, 1873

Jan. 16,1873

Jan. 1873 Jan. 16, 1813 Jan. SO, 1873 Jan. 30,1813

Jan. 30, 1813 Jan. 30. 1813 Jan. 90.1873 Apr. 91, 1873

Is

Not! iS 1819

iZ. iS

Dec 18.1873

%

£ S

Jan. 16, im

Jan. 16,1813

Apr. 21,1813

D„i„.db,

Eeport Of The Commissioner Of

Dk.

Cr.

Istl 1

W8 W

11B00

*Mo0

Jnneio

n, 000 at

Sept. 30 Sept-N

ToT. C. BiUej. chief clerk

UiT. 31

Uir.ai

Ulr. 31 Uar. 31

ToT. C. Bailey, chief clerk

ToUarry A. Lambert, aaaiaUnt

To MI?UaBl B. Haj, c!k

TaJohn N. HeldC. clerk

ToT, CBalley.clilof clerk

ToncniyC. Rohlederroerk

ToM. A. A. Mejeredotff.

Balance

Total

Total

tana for the final year aiding June 31

M

tnom

D„i„.db,

The General Land Office.

Sept. 3 Sept 3

To A. L. Baneroft &Co., ata-

To l! pf Li'criiil'Sung To D. W. & A. J. Rgb, print

"as

e 00

aas5 law

Iso 00 Jdooo

a.ooo'oo"

Sept. 30

To /ohn T. W'wittoiWj ToE.aWnlker,rent

To BDBjnmia D. Stooe, meg

Sojt. 30

TT.. Bailey, ineldentaU- To l-homaa A. BaJ. water. . . ToB. H. t!roimw,po.toffloe

Oot 10

To A. L. Baora ic Co.,

Oct 18

£ Is

Nov. 6 Not. 8

safif&as.:-

Dec 31 Doc 31

Dec 31

£ si

Jnno 30

To JamoB Ballard, desk

To Thomaa A. Kay. water. . .

To a G, Walker, TBBt

To T. C, BaileyncidenlaU..

To T. C. Bailey, in cidenuis-- To Thomaa A. Bay, water. ..

Total

Hame of deputy.

as,?

Name of depositor.

Fieldwork.

Offioework.

D L. McFarland

Dec 31

Ss:3I

Dec 31 Dec 31

8J1

K-W.Peok... do

S5 00

Township IS north, range 3 weet.'

S:

Surveyed and retonied.

D„i„.db,

Repobt Of The Commissioner Of

Plat* of auoilard IItw*

Plata of Unrnahtp 1Id

Plata or aabdliiaToD llDea

Plata of mlnaral claims

Plata tor depntT snrvejora

Plata orioiTDBlilps Id which aeatlou ai

Plata of the Tarrltory

Plate howl Dg loootkHi of ooutnotfl . , . ,

made ftacHooal ..

L. — Slaltnieiit iliowig Ike nianber of aerei of Hic land survei/ed in Motdatia Terntarf rte inceplioit af curves* up to June 30, 1973.

Surveyed up to June 30, 1869 682, 226. 2T

Surveyed during fiacol year ending Jnne 30, 10 GOO, 139. 14

Surveyed during fiscal year ending June 30, 1871 S73,716.itG

Surveyed during fiscal year endinft Janu 30,1872 1,095,374.77

Enrveyod miooral clftims from 1869 to 1873 on unsurveyed lands 1,336.81

Surveyed during fiscal year ending Jnne 30, 1B73 1,475,357.05

Surveyed mineral oloims on nnsnrveyed land for 1B73 3,635.36

Total 4,731,685.56

JOHN E. BLAINE, Smregor-General for Montami.

Kateper

Co*

JtM, Ofcoin*. Liut,.

e 00 DO IM IB %

' 30 6a 11

Is 00

laoo

Id 00

1.O08W

Total of

™&quot; V8J.

'

D„i„.db,

The General Land Office.

Helena, Mont., for the fiwfli year ending June 30, 1873, and to data.

Hatlrily.

appofn.

When appointed.

Smlary.

Vermont

Monola'!'! Geimany

Califoniia,

Jnna 1,1873

?5

Soy! si 1878 Ang. 1.1873

U. A. A. Myendorff.

JJohnN.Holdt

ABBlstiujt rtniusiiMmiui . Clork '

l.iiOO 1,500

1,S00

iohnG.Hammer

-7Ss&quot;-&#x27;&quot;

ilsoo

ger

™jab,187J.

5 Digchttrgsd Janmuy 31, 1BT3.

John E. Blaine,

O. — Eilimate for ths f,

Compensati Compenaaitt Compensati CompeDsati Compeiisati

Incideutal expenses.

1 of anrveyor-general $3,000 00

1 of chief clerk 1,800 00

1 of aasiataiit draugbtsmau 1,500 00

clerks, at |l,500 each 3,000 00

reut, ligbta, fuel, &c. . .

Surveying service :

eOOmileameridiaDandstaiidaraimes, at $15 3,000 00

1,500 railea exterior townabip lines, at 812 18,000 00

8,000 mOea Bection lines, at 810 80,000 00

J. — Report of the mrvorgenal of Idaho Territory.

Surveyor-Genbral's Office,

BoiK City, Idalio, August 30, 1873. Sir; In compliance with your Inslmctiona of March 11, 1873, I have the honor to snbiait my annual report, in duplicate, of the field and office work peifonued in this surveying district for the fiscal year ending Jnne 30, 1873, together with the usual tabular et-ateuiuDts relating thereto :

A. — Estimate of espeusea incidental to the survey of public lands in Idaho for the fiscal yearendiug Juno 30, 1875. " itof expenditure of appropriation for oompensatJon of siiTveyor-general, ia office, for the fiscal year ending June 30, 1873.

and clerks ii

142 Beport Of The Commissioneb Of

C. — Btatoment of incidental ajid office expeoaes for the fiscal year eudiQg June 30, ltJ73

D. — Statement of expenditure of the appropriation for sorvefB fbr the fiEcal yesa ending June 30, 1OT3.

E.— Statement of original Diaps and copies transmitted to the Oeneral Land-Office, and to the district offices, since the dat of my lost report.

F. — Statement showing the condition of Gontracta entered into since June 30, 1872.

G.— Statement of descriptive notes sent to local land-offlces since the date of my lost report.

B. — Tabnlor lilt of townships surveyed since the date of my last report, showing the area of the public lands.

I. — Statement of applications of individuals, &c, for the survey of mineral lands.

K. — Names, nativity, &.C., of survtsyor-general, clerks, &.e,, fur the fiscal year ead- iDK JuneSO, 1873.

Thcsarveysfoi the past year have been principally confined to the soatbeat portion of the Turi'itory, incliiiling the extreme eastern portion of Owybee County, aud the most thicltly-settled [tortions of Oneida ; and after eihaaeting nearly the wtiole amount of the appropriation for the year ending Jnne 'iO, 1973, and moat of that for the current year, there are loft iari tracts of country 'welt adapted to farming and nnsnrpassed for grazing purposes, and it m proposed to extend the surveys in these counties as rapidly as the means placed at the disposal of this ofBce will warrant, and at the same time keeping up with the main settlements in other portions of the Territory. A large portion of Owyhee County is rough and mountainous, and cannot be surveyed at the present prices fixed by law. I have therefore submitted an estimate at augmented rates, and would earnestly recommend that you embody the suggestion iu your estimates. The same reason for augmented rates exists in nearly every county iu the Territory to a greater or less extent, and while in some porCious there may be no very large tracts of land suitable for faimius, there are perhaps but few townships iu the miiieral region but will in time prove to be rich in minerals ; and the standard and exterior lines should be steadily pushed forward.

During the last year, it is thought by some, the population of the Territory haa not increatu-'ii. The farming interests and sottlcmenta have greatly increased, and many who only thought to make a short stay are coming to the conclusion that there are .-! gj many advantages ss this, with the si~ -' —

isolation and distance trom railroad communication, and are now making permanent homes, and preparing' to plant orchards and vineyards.

No country can exceed this year's crops in a range of products or bountiful yield. Feats have been entertained that we could not produce fruit to any extent, but this season has demonstrated that all fruits grown in this latitude will do well. The few orchards here are loaded with fruit — apples, pears, plums, and peaches, are yielding enormous crops, while the range of small fruit cannot be excelled in any country. Even some varieties of the foreign Krape-vine are laden with trait, while some of our native grapes, such as Concord, Isabella, &c., are producing enormous crops. All thette things, with ourclear and healthy climate, are making the people more and more contented and the country more self-sustaining, and only a totv years wiU elapse before Idaho will be one of the most delightful States on the PuciOc slope.

The post year has becu nnusiially good for mining in this Territory, owing to the heavy fall ot snow during the winter, and the late spring water for plucer-mining has lasted several months longer than usnaL The placers of Boise Basin have paid well. The placers have been worked in Boise, Owybee, Alturos, Idaho, and Lemhi Counties, and the yield Is exceptionally good.

The quartz-lodes of the difierent sections have been worked with energy, and have given substantial results.

In Owyhee County quartz-mining has been confined to Silver City district, located on and around War Gaglo Mountain, at a distance of from oue to three miles froiu Silver City. On this mountain are located the celebrated Poorman, Golden Chariot, Minnesota, Ida EUmore. Mahogany, Bod Jacket, Illinois Central, Empire, War Eagle, Idlowild, Glenbrook, Belee Peck, and Norfold mines, all iu operation, being worked by corporations or individuals. Since March of the present year this camp has Ijeen enjoying a season of extraordinary results from the working of the above claims. WitUiu a month past new developments have been made on the Poorman vein which promise rich returns iu the future. The Ida Ellmore has demonstrated the probabilities of successful deep mining. On War Eagle Mountain at the tenth level, feet from the mouth of the shaft, they have recently struck a well-defined vein of ore from 4 to feet in width, assaying from |500 to i8V0 per ton. The ores of the "Ellmore" average over JlOO per ton. The "Golden Chariot," working below the evi-nth level, taking out ore considerably above (100 per too, during the last month paid dividend amounting toS30,UUU. The " Minueeota,*' working on the third, fourth, lift, and sixth levels, is taking out ore of surprising richness. The hoisting-works, buildings, &c., of this mine are very complete. The super inteudent feels coutideut ot

The Geneeal Land Office. 143

enongli ore in sight to keep n full force of men employed for a year. This is one of the befit developed minea on tne Pucific coast, Ibe vein varying trom 3 to 5 feet in width This mine has within the month paat paid a dividend of $30,000. The "Mahogaoy," miue but little known till recently, is now developing into lirat-class mine ; also the " Empire." All mines now being worked on War Eagle Mountaitr are payiuz their owners fair compensation. Some rich ledges have recently been pruspected on Florida Mountain to the weat of Silver City. The Cosmos, Ida EUmore, South Chariot, New York Company, aud Aineworth Mills, are employed night and day on the ores of this

Flint district, nine miles from Silver City, is in its nsnal condition. A recent fire destroyed the hoisting-works of the Rising Star Company, and so has retarded work.

Silver City, only about thirty hours from the Central Pacific Bailroad, is now the third mineral-prodncing camp on the Pacific coast. The monthly average is above (145,000. It is distant from Winnemncca, on the Central Pacific Kailro, two hundred miles, and Jrom Boise City sixty miles, and is a fiourisbing and prospeTOUS place. Fairview, a thriving village, two miles and a half from Silver City, is in (he midst of the most important mines on War Eale Monntoin, furnishing quarters for most of the miners. Miners have been scarce during the year, and wages high.

The quartz interest of Alturas Couuty have been looking up during the year past. Kocky Bar, two hundred and forty miles from Eeltou, on the Central Pacific Sailroad. is the center of the mining activity of Alturas County.

At Red Warrior, four mdes from Bar, prospecting has developed the fact of the existence of several rich and e:steneive deposits of gold. The Wide West, a welldeveloped mine, showean average this year of about $90 per ton; the Avalanche, $104 per ton. The Hard-Up, Victor, Golden Eagle, Union, Richmond, and New York, are more or lees developed, giving great promise for the future. In this district are two mills ; the Red Warrior, 10 stamps, Jobn McNally, owner ; and the Victor, 15 stamps, C. Jacobs, owner. At Rocky Bar, the PiCtsbnih and Idaho Mining Company's mine, the Ada Ellmore, is yielding handsomely. The Vishnu, Idaho, Eureka, and Golden Star, are more or less developed, and show an average of about $60 per too. In this district are two mills with twenty stamps; also, Graham's arastrae, worked by waterpower, aided by a Dodge crusher, which very much facilitates the crushing of ore, reducing i[ to the size of wheat-grains before its introdtictioii into the bed of the ara-

The great reduction in the cost of milling ores, and of the price of cnetom-work, to (8 per ton currency, has aided mining materially in this district, thus enabliDe men of small means to work their mines and to realize fair remuneration for their labor, and leading to the development of the mineral resources. At Buonaparte district, seven miles from Rocky Bar, the New York and Ohio Mining Company, on the Buonaparte ledge, have erected new and superior machinery, and will soon be on a basis for dividends. Atlanta and Yuba districts, eighteen miles from Kocky Bar, show some new develupnienta. The Monarch Gold and Silver Mining Company s claim on the Atlanta lode, for which they have recently received a certificate for patent, has not been worked daring the year past. The Gold-Mining Company of Yuba, an English company, owning tile Stanley (silver) and Leonora (gold) mines, are about commencing operations. In Atlanta district are three mHls— the Greenback, 10 stamps; the Monai'ch, 10 stamps; and the Kennebcck, tO stamps — now the property of the English company. Seven miles from Eocky Bar are three ledges owned by the Pfeilfer brothers, the General Grant, General Sherman, add Ccowu Point, which give evidence of great wealth, the ore of the Grant being a red quartz, showing black snlphureta, and assaying trot $500 to 81,000 per ton. During the coming year these mines will be worked extensively, and will add much to the wealth of the couuty.

The Original, a ledge discovered in Jline, (quartz gulch, Atlanta,) while placer-mining, shows a rich streak of Ruby silver, extending a considerable distance, and promising a fair ledge.

lu Boise County the mines of the Gold Hill Mining Company, at Gold Hill or Quartzburgh have been yielding a handaoirie revenue. The mill of Uiis company, a S5-stamp mill, IS unsurpassed in mechanism. Several other ledges at this point are being developed.

Banner district, twenty-two miles east of Idaho City, iu Boise County, in which is situated the Wolverine, Banner, and other lodes, is to be opened by a wagon-road, and a lO-stamp mill will be erected this season,

At Waiiens, the Rescue Mining Company ore at work, and other lodes are being developed.

During the year the mineral production of the Territory from ail sources was considerably above $5,000,000, and promises a large increase for the year to come. Never in the history of the Territory has mining been canied on in a more business-like manner and more enterprise shown. I prMict that in the near future the quartz mines of Idaho, now in their infancy, will be one of the chief sources of the supply of the mineral wealth of the nation.

Eepobt Of The Comm18810Neb Of

The Burvey of the lyAliie Indian reservation has been siiapended for the present, oninfj; to annie modification of the treaty. An appropriation should be nia4le to subdivide this nteerTatiou, preparatory to making allotments of claims to individuals of the respective tribes.

The of care has been taken to confine the surveys to that portion of the Territoly occupied buna tide settlers to thee:[teQt of our small appropriation. There are several isolated valleys settled as yet nnsurveyed, but these will be reached as soon OS possible and preserve the uniform syslein of surveys adopted by the Government. As a rule the surveys hovo been confined to the best agricultural lands, oud only some parts of contracts have oiteuded over poor lands, and only the exterior lines have ben

A contract has Just been let to cover some fractional townships that the deputies thonifht uo&t for settleiueut, they having been settled sinoe the surveys were. made. Tbe truth is, there aro thouBaodH of acres that many would call worthless, which will in a few yean* contain Une farms, and when some general system of irrigation shall be all our sage lands will produce abundant crops. This has been proven iu every instance, when sagu lands have been irrigated, by prodigious yields of grain and vegetables.

1 must be allowed to call your attention to that portion of my last year's report referriu)( to the time of commencing the tield-work under the appropriation. It is a serious mistake, for work done In tbe spring months will always be founil more lasting and permanent, and at tbe same time at les expense to tbe deputy. It should lelf with the Commissioner of tbe tieneral Land-Office to order the commncemeat of fieldwork at such time as he in Lis Judgment may think most advisable for the benefit of tbe public service.

1 wonld also recommend tbe modification of the land-taws, so as to allow persons engaged in agriculture to enter, say, eighty acres of timber-land. Tbe timber is mostly in tbe mountains and some miles from tbe agricultural lands, which are being stripped of tbe timber by lutnbernieu, rendering the lauds worthless except where niiuerals are found. If some such course could be adopted tbe lands would be disposed of, and all persons owning lands would be interested in preventing fires in tbe timber regions. 1 am, very respectfully, your obedient servant,

L, F. CARTEE. Surreyor-General of Idaho.

Hon. Willis Drummokd,

CommUnoner General Land-Office.

A. — Eitimate of eiiKes inddmial to Ue surrejfs of (he pnhUe lanAa in Idaho for the Jioal gear ending Jane 30, 13T5.

Office expenses ;

For solar of surveyor-general $3,000 00

For salary of clerks : 4,000 00

For rent of office, messenger, fuel, books, and other expenses 3,500 00

For surveying 200 miles, standard lines, at (18.00 |3,600 00

For surveying 360 miles, exterior lines, at $13.00 4,320 00

For snrvejiug 120 miles, ekteri or lines, at $15.00 J, 800 00

For sarvoying 2,400 mdes, subdivision lines, at $10.00 24,000 00

For surveying 600 miles, subdivision lines, at $13.00 7,200 00

The Geneeal Land Office.

18T2. To amount paid aorveTor-aeneral and

|I,St5 00 3,089 18

To oDionut paid sntvevor-eeneral and

To amount pi Borreyor-seneral and

C. — Slatttmeat of tnoidenfaE at olee expenses for the Jiacal year ending June 30, 1S73.

expended third qnartr 18

D. — Statementof the expenditure of tie appropriation for tbejisixil year enSing June 30, 1873.

tract No. to Allen N. Tbompeon

i,404e

""ilbriSm'sf

elO,181t Depart.

To amount reported for payment on eontraot

No. ai, to Theo. W. Randall

To amount reported for payment on COD.

tract No. 37, to George W; Newman. . .

Stalementof the expendUureqf the appropriatioH for iirvegmg the NezFeroS Indian Beiralioti.

Toamonntreportedfor payment on oontcaet No. 3B, to David P. Thompson. .

By appropriotton of May SO, IST oa adyisea by letter from tne Department of Jnne MO, 1B73

Beport Of The Cohmissioneb Of

Eilarlor IIdm of 13, 14, 13, and

thnnucbniiin'S. -if.Wnal.

Towiialilp H aouth, ronnie W caat

TowiHblp ISaouib, niujir if cut

Townalilp raniii- W eniil

UHlortovDHbigiHB, 10. II.

Townahip 10 10111 b. naiEC sa Fast

TowDiblp 13 loath, ruigeSlI eul

TawDBblpKSaoulb. raufieeut

ElMriOT IlH* of lOKUabiM 13, 14, 19, UHl IB w

thnuEh riDEM 55, 36, and ST east. Eilerior liuea uf lownisbipa T, 8, U, 10. ll,Rnd 13aoiitb,

tanece SO. 31, ami ti eaa.

TouMhlp II siiiHb. nnc;£icut

Townahipiaiunitb, niiiiiiTaeasC

anrtof lAWQBhipalO, 11, and ISaouib, mogea 24,35, nud

Tewnehip 10 Bonth, range iBeaat

Township 10 aoulh,' range Mean

Townabip 13 aoutb, range iWeaat

iDwnabtp 33niirlh, raniieS veat

TownablpMBOulb. ranuvaeeaet

TonnabJp 15 aoutb, range 27 east

I Doe. 10, ism

I Feb. 10, IBTl

1 Feb. 10.1913

I Feb. 10,1813

I Feb. 10, 18T3

I Feb. 10.19J3

I Feb. 10,1873

I Feb. loien

j

Feb. 1,1BT3

Feb. I,in3 Fob. 1,1873 Fob. 1,1873 Feb. 1,1873

Feb. 1,I8J3 Feb. 1,1813

'

D„i„.db,

The Gbheeal Land Office. 147

showing Oie oondiUon of entered, into mmm June 30, 1872.

Allen H. Tliompa

Tbaophilos'W Baudall.

David p. Thompson..

George W. Trewman .

John B. David..

Aog. IS Aiig.S4

Aug. iS

lEm. ApiU 4

Surveya completed and nDta n tDrDd nnu approTflA, and and tranHripU transmitted.

Note.— The exterior Unee of towi

toQlb, raoEe S9 east, siibstitnted tor towBrtiips named in con-

Drveja oompleted and notee returned* and approved, and plaU aod (rasMliipla tnDnoltMd. <yjic, — Tbe eKterioT Unea of

knees and 97 tat,\ ani] tbe ibdlvisionB of townships 13, H, 15, and BOQtb, ransB 37 eaat, lubelituted for towneblps named

locuedand approved, and plat

and ttansoripts transmitted.

Hon.— Tow

3riptB transmit raeips 7, 8. 9,

Ues Perc* ludli

Bilerlor lines of tonnsbips 13, 14, and Ifl sooOi, ranges 36 and 37 eaa aod aabdiviaians of tewashipa 14, and IS south, rongea 30 and 37

snbdlvislona oftewnbhipslO, 11, and Bonth.raiiEesar and as east, SQballtoted for townshipe named in contract. InrvevB of ttnniahipe 32 and 33 uortV raDsea l and S west. com.

approved, and plata and traneeripte tranamltted ; the balance of the vork completed, bnt notee not in office, iorveys completed, and notes retnraed and approved, and plate

KOTE.— The eiterioc and anbdlvisionlineaor township 13 aoalh, range 38 east, and of lownsblpa 13, n, 15, aod IS aonth, range 99 eaat. snbatitated fin tewndiips

Borveja completed, and notea n

D„i„.db,

148 Bepobt Of The Commissionxb Of

6. — StotoMwio/ detoripUva H$l tmt to local

Towkaip.

T™hip.

Buge.

Date when

Jane 97,1873

ioati.;:;::::. 13 SSSth :::::::;

IB ™ui ::;::::.

hepviiie laadt atid Indian reaematiini.

-A.ociglc

Ie Genebal Land Office. 149

tofappUoationt/or the curve of mineral lands.

Nome of mine.

Coontj.

Chaittcler.

Lembl

, J.

ssj'.'

E. — Jfaie*, JUltioity, *o-. of eurveyor-general, elerha, 4'e.,for the fiscal year ending June 3(.

Nativity.

Whenca appoint*d.

Tlneofeet-

a™.

La Fajette Cartee

WmiamF. Thompson

Entire year

New Hampsbire.

ISOdaya...,

BSg!:::::

Entire year.

K. — JRort of the surveyor-general of Utah Territory.

UsiTBD States Surveyor-Gehbral's Office,

Salt Lake Cits, tah, September 15, 1873.

Sir: I have the honor to Bnbmitin daplioat the aonnal report of the Borveyiiig ser- Tice in this district for the £scal jeai eadiog Jane 30, 1873, together with a map owingthe progreBB of the public snrveys, and exhibits from A to E inclnBive.

The area of land surveyed daring tbat time atuounted to 414,055 acres, anA the but- Tey 8 embraced one hundred and thirty-six miles of 8taudard,.two hundred and niuetyeif;ht miles of township, and thirteen hundred and twenty miles of subdiviHiou lines, established at a cost of 418,821,10, of which $15,737.73 were paid out of the appropriation of March 3, 1873, and tlio remaining expenses wercovered by individual depoaiCs made for that purpose.

The work waa olmust entirely confined to lands within the grant to the Central Pacific Kailroad Cunipany, the valleys in the immediate vicinity of the Tintic mines, a portion of San Pelu Valley, and that section adjacent to and embracing some of tlie iron deposits of Iron County.

Another survey under contract, and to be made at the expense of individuals who have apphed therefor, is approaching completion, and will in all probability include some of the coal-deposits of the same county.

In addition hereto ninety mining-claims were surveyed for patent, at a cost to the applicants of $2,137 for office-work. These surveys occupied nearly as much time in the examination of field-notes and tbe preparation of [ilats as the work under the general appropriation.

The following is an estimate of appropriations required for the surveying service in this Territory for the fiscal year ending June 30, 1875 :

For salary of surveyor-general . )3, 000

For salary of chief clerk 1,800

For salary of dranghtsman 1,500

For salary of clerk 1,400

For rent of office, fuel, books, stationery, and other incidental expenses 2,000

For surveying the public lands 30,000

CoDsidering the great extent of country yet unsurveyed, tbe rapid increase of the Territory in population, and its prosperous condition in general, I regard tbe estimate for field-work as reasonable and just.

In coonectioQ with this report, I bej; leave to submit some facts relating to tlie resources of the Territory, coupled with statistics of progress.

.Coogic

150 Eeport Of The Commissionee Of

A0R1Cdi.Turk*

More grain be gathered this harvest than ever before in one seaeoD. This ia OTCiDg to a larger ;itld per acre and the increased area under cultivation.

Tbe land now cultivated aniunntB to 225,000 acres, a gaiu over the are of 1369 of 75,000 ncrea. The total value of furm products the pasCyeaT was not less than $6,000,000. Utah has a system of irrigation uioru extensive Chan that of any other Territory in the Union, while from tbe mountnia streams alone-the area of land susceptible of irrigation is tenfold in ezceae of th.lt uovv used for aKricnltnral purposes.

No effort has yet been To lest the feasibility of irrigaticiz lands b; meaoa of artesian wells, althoaftb it isU'lieved that mauy volleje, almost wholly anprotluctiTe, ma; be reclaimed through this ogeucy and brought under high state of cultivation.

It is not probable that Utah will ever produce more graiu than will be consumed within her borders. The proportion of tillable land is toe small and the expense of irrigation too great to enable her to enter into successful competition with the great gram-produciDg States of tbe West.

Onr manuActnrlng intresti are increasing in every branch. Two of the principal boot and shoe manufactories made 12,000 pairs of boots and shoes the last year. The only paper-uiill in operation produced 64,052 pounds of printing and 8,364 pounds of wrappiu; paper during the same period.

In addition to the numerous flouring, saw, and planing mills, there are in difierent localities, from Brigham City on the uorth to the town of WBshingtD on the south, eight woolen-mills, which are mannfacturing large quantities and superior quolitiee of

Water power is so abundant that it is questionable whether it will ever all turned, to a profitable account.

The mines of coal, iron, and silver, constitute the basis of our wealth.

The great impetus given to all classes of business two years ago was the result of the discovery of vast aud extensive deposit* of silver-bearing ores, and no credit is due to tbe miues of coal and iron for the remarkable advauceroent Utah Lae made during that time. These interests must, however, prove of great benefit in the future.

Tbe most valu able coal-fields yet discovered are situated in San Pete County. The coal is liituniinous, densft and compact, and possesses fit?st-class coking qualities. The seam now being worked averages 3 feet 6 inches in thickness, and is developed b; a level 9O0 feet long, running parallel with the strike of tbe vein.

More extensive deposits, but said to be of inferior quality, are found in Castle Valley aud on the western slope of the Wahsatch range, in Iron County, where one vein baa been opened at intervals a distance of fifteen miles southerly from tbe head of CedarCreekCaflou.

Other deposits in different loctties have been mentioned in previona reports fivm this ofBce.

It is estimated that we consnnie 125 tns of coal and 50 tons of coke per diem, while the demand is steadily on tbe increase.

Bodies of iron-ore are found in the vicinity of the iron springs in Iron County. They occur in the form of ledges, standing nearly vertical, varying fhim five to twenty feet in width ; and, by reason of the more rapid disintegration of the granite walls on either side, staud at some points from 10 to 30 feet above the formation. These outcrops are from 300 to 1,500 feet in length, and their extremes are about tn miles apart.

Tbe mountain slopes are covered for hundreds of feet with fragmente of this ore, varying in weight from a few pounds to many tons. The ore is ohiefly magnetic, and is said to yield per cent, of metal. All necesBary fluxes are near for the proper treatment of the ore.

As the average annual consumption of iron forraUroads alone since 1868 is 5,670 tons, it is fair to presume that the manufture of iron here will prove in time an ' —

The mineral belt of silver-bearing ores traverses the territory in a northeai southwesterly direction, and is probably fifty miles in width by two bundrec miles in length.

It is estimated that the yield of the silver mines last year was (3,055,440.

The network of railrosids projected and now being constructed to the

mining districts, takeuin connection with our agricultural interests, our inexhaustible supply of fuel, and cheap labor, constitutes advantages and facilities unsurpassed ir the west for the rapid and economical development of our mineral ri

The Oenebal Land Office.

KAILROADe,

Utah is bailding railroads in Beveial direction, and witbont aid lirom Qie General Goveromeot or taxation at home. Six wparat linos of road, aggregating three hondred and eiit;-six milea in leDh,

station, Qiid two more linee, one sixteen miles and the other twenty miles ho added the present season. 1*1111 partionlara as to location were given in ray last report, and I have only to state

ionlais as to locatioE

that tle money nsed in their constniction has been profitably invested.

The growth of the Territory is healthy and vigorous. No particular effort is being made to force it into prominence, yet the miner wealth is commanding the attention of capital, a healthy and invigoratiog climate is attracting invalids from abroad, while Earope adds annually from two thousand lo three thonsandfarmeisand artisans to the

The population nnmbers some 110,000, and although fonr-fifths of the people are the proselytes of an obnoxious theocratic system, yet they constitute in the rain the bone and sinew of the land.

But the Mormonism of the present is not the Mormonism of the past, and will not be tbe Mormonism of the future. The tendency is toward libtTalisma higher regsJ for the rights of others — a tendency resnlting from circu Distances over which tbe people have no control.

The exaction of one-tenth of all the earnings of the members of the Mormon Chnroh for its support, is bearing its fits in the general lukewarmuess and frequent apostasy of its members. This titbing is not paia promptly and faithfully as in the past, and to-day the revenge derived from that monroe is not to exceed one-half of tbe revenue of former years.

Other religious donomlDations have gained a foot-hold here, and are building chnrobes and establishing schools in various localities.

Alarge percentage of city property and nine-tenths of all valuable mining property are owned by so-called gentiles, while iiva of the sis railroads were built with their means, and three of those roads are under their absolute control.

It will be seen tram all this that agencies are combining which will exert, an influence that priestly despotism cannot withstand.

Congress could, however, materially aid in the work of regeneration by enacting a wholesome registry law for the protection of the ballot-box, and another law that would insure us juries free to render verdicts according to law and evidence.

We need legislation of this nature, and with it the rights of all would be guaranteed and Utah woald soon become the home of a free and happy people.

All of which is moat respectfully submitted.

C. C. CUIMENTS, United States Siirveyor-Geatrat.

D.,i„.db,

Sss E 893E:

gig S gSgg 8 §1 s §

I sasa

1 m 1!

iiriinliilil

a a

! I

ocoooo . . ;s ; ; : ;oS SS S

jassss ; ; is ; i ; jas sa s

ill Willi

i:

ly

Bepobt Of The C0Mmi8Bi0Nkr Of

Depodtor.

work.

J

WIBI MODKTIIB SmTBin.

S!

Uma COTTONWOOD DIBTBICT.

:|jKs!5r".i!a'.

'i

;j

lab Silver Mining uul SmaltingCom-

C™j™7;

Moo

&#x27;B

i™Cloiid MiiJiigCompii

saver Cloud ondmlll-BiW

t43 00

So

The Geneeal Lasd Office. 155

Statement of ieponUmadelryindMdmli forlhemrvey 0/ minee, 4.— Con tinned-

Depodtor.

Siuneofmine.

S,f

CiMt Fwm DBTBICT-Continued. Bed AmeHotm Hag, Lynn, and Btock-

.TR TiV-™

OFIBB METmCT.

Vie Green Chloride Mining Compuiy "The Green Chloride Mining Compnuy

moo

Henry Siegel

S5 00

Ico Co

D„i„.db,

156 Bepobt Of The Cohhi88Iokeb Of

Statement of dtpotil* laaie bg indtmAMli for q/ mmte, — CoDtinaed.

Fieldwork

.

ssr

Buih Taiut Diitbict.

UTiH DUTUCT.

Un Fbamcuco Hmtuot.

WmiMn Jennings and JobD Eagoe . . ,

i,9M00

x™.

To-

iSI"--

Mod 00 1,400 00

Jw.' 1

a,9WM

Expended daring tbe aecond fiscal qntirter GO

Expended doring tbe third £fical quarter. SSS 30

Expended during the fourth fleoal qoocter 361 15

ToW 1,366 05

The Genebal Land Office. 157

E. — E$timate of tmriatiom required for tlte iurveng ierviee in the TBiritorg of Utah for tie fical year ending June 30, 1875.

For salary of Burveyor-eeneral $3,000

For salary of chief clerk 1,800

Forsalaiy of drauglitsnian 1,500

"jr salary of clerk i 1,400

For ofHee rent, ftael, stationery, incidentals, and messenger 2,000

For contiuoiDg the Bncvey of the baae, meridian, towDship, and anbdivisiou linea 30,000

-Total 39,700

L. — of the aurveyor-general of Nevada.

United Statbb SnnvETOR-GBNERii.'s Ofptcb,

Virginia Cits, Nevada, September 6, 1873.

Sir: In compliance with your instmctionB, I have the honor to submit the following report, in duplicate, of the operations of this office daring the fiscal year oudiug Jnoe 30, 1873, and the accompanying statements relative to tbn surveying dopartmeni.

A.— Statement of aoconnt of appropriation for compensation of the United States enrvey or-general, and the employ in hia office, during the fiscal year 1872-3.

B. — Statement of aoconnt of appropriation for snrvuys of public lands in Nevada, during the fiscal year 18?2-'73.

C. — Statement of account of appropriation for rent of ofSce, fnel, books, stationery, and other incidental expenses, including pay of messenger in the ofBce of the United States surveyor-general of Nevada, during the fiscal year 13T2-'73.

D.— Statement of contracts entered into by the United States surveyor-general for

Nevada, with the number of miles surveyed, during the fiscal year 1872-73.

E.— List of landfl surveyed in the State of Nevada during the fiscal year ISTS-TS.

p, — Statement of special deposits with the sub-treasury of the United States, for survey of mineral claims iu Nevada during the fiscal year 18T2-'73.

G. — List of mineral claims anrveyed in the State of Nevada during the fiscal year

H.— Statement of plats made in the office of the United States surveyor-general for Nevada during the fiscal year 1872-'73.

I. — Statement for the surveying service in the State of Kevada for the flsoal year ending Jnne 30, 1875.

Repoet.

The operations of the surveying service have been confined almost entirely to the survey of agricultural and grazing lands ; 119 townships have been surveyed, embracing 1,250,000 acres of agricultural and grazing lauds, and 15,500 acres of mineral lands.

It is now a well-established fact that the State of Nevada is to become the leading stock-range upon the Pacific coast ; though it presents a dry and arid appearance, yet its fbot-hills and valleys sound in the most nutritious of for cattle. This, vrith the salubrity of the climate, ofiers the greatest inducements to stock-raisers.

The topography of the country shows the entire State broken by a succession of mountain -ranges, the general coarse of which is north and soutli. Though the summits of these ranges are sometimes covered with snow the entire year, yot in the valleys, during the coldest seasons, snow seldom lies, and cattle are allowed to range throughout the year without housing, and even in mid-winter are driven to the markets ready for the slaughter-pens.

„ e years past have been so disastrous to stook-n

that thousands of head of cattle were shipped to this State, which proved, paradozieal as it may seem, an oasis to their parched plains.

The doubts existing as to the capability of our lands to sustain snoh a valuable branch of indnstry are happily dispelled, and to*day our valleys, that irerelookednpon as vast desert wastes, wbere only the bark of the coyote was beard, can oowtioant its herds of cattle, sheep, and horses bv thousands.

As an evidence of the value attached to our lands, the State sntveyoT-general reporta that during the past year applications for purchase were made for 184,w0 acres, comprising; only agticnltural and grazing lands — an increase of 100,000 acres from last year.

A remarkable degree of prosperity baa followed us daring tiie past year in Mie mining

158 BEPORT OF THE C0MHie8I0HEB OF

indDBtiT. Bat fen new miDeral districts have been diacavered, which, no doubt, boe beeo of beaeSciol result to the State in the concontnttion of labor, which otherwise wonld have been migratory.

In the Virgiuia mluiDg district, in which the Comatock lode is embraced, active operation has continaed thionghoat the entire year, and Ukongh no new ezlensive bodies of nre have beeu discurered, yet the prospects of discover; ate such as to ve the eTeatat encouragement for further prospecting.

The bonanza of the Belcher and Crown Point mlnee — dwelt npon in m; last year's reportatill contionee to jitd its wealth in nDprecedentd amonnts, and tbongh thonaands of tons have been extracted during the past jear, still no signs of its exit anti on Jiave been discovered.

From informatioD obtained from the agent of Wells, Fargo &, Co.'s Express, the aggi'egate yield of the Comstoclc mines trom Jnly ], 1872, to September I, was

gi'ega

np the following resiflt of si

The new mineral law of 1972 is found to work admirably in the adjustment of conflicting interests. It has entirely done away with the eystem of black-mailing that ever; mine was subjected to in making application for patent under the old law, and few claims of any note in the entire State can now be found that have not taken advantage of its geoerons provisions.

To facilitate the procurement of patents and to carry oat your instructions of Jane 10, 1H7S, regarding the appointment of Duneral deputies, I have now in the mineralsnrveying service nineteen surveyors, who have returned in the last year 122 surveys, embracing 1,111 acres.

The field of operation for the coming year will be coofiiied to the following districts, as their rapid settlement demands immediate attention :

1st. West of the Bnby Valley guide meridian, and sonth of the fourth standard parallel Bonth.

This district embraces a reson of country not yet explored. The portion in the immediate vicinity of the fourth standard, oompriHes of agricnltoral lands some ten or twelve townships. All of the mopntaiu-land is heavily timbeced with white aad yellow pine, fir, plfion, and juniper. Distinct traces of mineral veins are found in every

2d. East of the Ruby Valley guide meridian, and sonth of tlie fourth standard parallel south.

Of this region of country one-half oompriscB agricultural, mineral, and timber lands. It includes the valleys of Los Vegos, Com Creek, Indian Creek, Colorado, and the southern part of Rio Virgin. Manyof these valleys have Mormon settlementfi in them. The mountains in the western part are heavily timbered with yellow pine, juniper, and cedar, and contain extensive mineral deposits. The mining districts of Eldorado, Ivonpah, Yellow Pine, Los Vegos, and part of Timber Mountain, are embraced in tbis

id. Between the second and fourth standard parallels sonth.

This includes one-half acnltural, timber, and mineral lands. It embraces Maddy and thenorthempart of Bio Virgin Valleys, and the Great Eastern, Palveanagat, Lake, Pennsylvania, and West Point mining districts. The mountains are well timbered with yellow pine, fir, and juniper.

4th. Between the second standard parallel north, and the second standard parallel

Nearly all of the agricnltntal lands in this district have been surveyed ; of the nnsnrveed portion one-half is mineral and timber lands, and one-foarth grazing. In the mineral regions are found the districts of Freyberg, Troy, Grant, Seymour, Cave, Patterson, Fairview, Bristol, Highland, Silver Fork and Ely — the latter containing, with the exception of the Comstock, the richest and most extensive mineral deposits in the State.

5th. Between the second and fourth standard parallels north.

This district comprises -olass agricnltoral, grazing, and mineral lands ; most of the former have been surveyed. It embraces the mining districts of White Fine, BotiinsoQ, San Francisco, Piedmont, Maucy Creek, Nevada, Cooper, Lincoln, and Sacramento.

6th. Between the fourth standard parallel north, and the Central Pciflo Railroad.

Thiaisoneof the finest aericnltnral districts in the State, embracing Steptoe, Spring, Deep Cre and Pilot Valleys. The mountains abound in mineral, and are well tim bered. It oontiuna the nuniug districts of Murphy, Egan, Cherry Creek, Bnby, Green

The Geneeal Lahd Office,

SpriDgs, 8chU Creek, Antelope, Spruce Mountain, Latham and Bald Mountain. The miues thus far developed proinise to be prodaotive.

These districts oompriBe that portion of the State which demands immediate attention. There are still a few isolated tracts within the limits of the Cenlral Pacific Kailroad grant, which will probably be surveyed during the coming year. Teiy leepectfQlly, your obedient servant,

E. 8. Davi8,

SicneyoT-GeneriA. Hon. WiLUS Drummond,

ConHniWHWier General Land-Office, Waehington, D. C.

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AmoODt paid quarter ending December 31, 197S .

Amount paid quarter ending Maroli 31, 1BT3

Amoont paid qnarUn; etidliig June 30, 1B13.

Jnly 1,1873

Total

Amount paid qoaiter eadluic September 30, 1B72. Amount paid gourur ending December 31, ISV3. . Amount paid quarter ending March 31, 1 873 ... . AmoDnt paid qnaiter ending June 30, 1873

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For enrvejIiiK four thoiiuuid miles of subdivision lines, twenty-three hundred

miles of towDsliip lives, and five hundred mites of standard lines $75, 100

For conipensation of surveyor-generftl 3,000

Salary of four clerks and two draugtitsmen 9,300

Bent of oflBce, stationery, and ineiduntal expenses, inclndiog pay of messenger. 4,400

M. — Report of the surveyor-general of Arizana Territory.

UsiTED States Sitrveyor-Gehbral's Office,

tucson, Arizona, August 11, 1873.

Sir : In accordance with your instructions of March 11 last, I have the honor to transmit herewith, in duplicate, a report of the surveyinfi; operations within thia district for the fiscal year ending June 30, 1873. Statistical tables and documents accompany this report ae follows, tiz :

A.— Statement of contracts entered into payable out of appropriation for public surreys in this district for the fiscal year ending June 30, 1873.

B. — Account of appropriation for public surveys.

C— AQoount of appropriations for the salary of the snrveyor-genera], for clerks in his ofBce, and for incidental expenses.

D. — Number and character of plats made.

E. — Statement of the number of milee sorreyed.

F. — Statement of snrveye of mines and nlU-since.

G.— List of lands surveyed the year.

H.— Estimates for the surveying service in this distnct for the year ending June 30,

Slap showing Uie progress of soireys within this district.

These documents show what has been done by this office during the period to which they refer, and also indicate bow and where the present appropriation for public land surveys will be apphed.

Upper Gila Rivers ; and, owing to ample supplies of w

170 Bepoet Of The Commissiokhs Of

as well att nearooss to iMge bodies of Indians, (on reserratioiis,) who must be fed for years by tbe Oovernment, tbeso nee commuDitieB cauaot fail to prosper.

lucreaseil activity in miaing interests is specially noticeable. In every county ia Arizona tbe more stable aad able oitiiens are giving u sbaie of their time and means to open in); up quarto lodes of silver and gold, and ascertaining their actual worth; and if tbe Apacbea remain quiet, as tbey bave been for some months pat, during tbe next year there will bo work inaugurated on a laree and practical scale. A hopeful feature of tbe labor of prospecting and testing of gold, silver, and copper veins, is that in nearly all cases tbe expectations of tbe operators are fully realized. Daring tbe past twelve montLs small lots (in a few instauces some tons) of ore from at least one hundred different ledges have been sent to San Francisco for careful analysis, and so far as reported to me, with cucoaraging results. It is quite expensive to ship oren over one thousand miles, yet many do so to tbe exhaustion of their purses ; but it is only by tbe labors of such men that the value of the country's mineral resources ia first brought to the notice of men of capital, irbo never or rarely lead in pioueer exploration. It is not only sound public policy, but Justice to tbe advance miner, that tbe legislation of tbe nation and the application of it by tbe General Land-Offlce gtadnalljjncressein bis £kvor; and as evidence of this tendency, claimants, in some instances under my observation, find it to their interest to abandon their old locations, claim them anew and intend to proceed to patent uoder tbe latest law and regulations.

Since my report for I3T2 the engineers of the Texas and Pacific Railway Company have run several preliminary lines tbe entire width of the Territory. This grand enterprise is now so cnergeticnJlji underway at both termini that its prospective adrantagti to Arizona is being anticipated in producing a more contented population, and, with tbe student of the tnture, a bigberappreciationof property possessions. Substantial men, who either hod left the Territory or continually contemplated doing so at tbe earliest favorable opportunity, are now content and busy making Uiemselves fixtures here.

PEACE AXP SeCURITY, AXD TO WHOM DVB.

It is due to truth to say that this desirable condition has been produced more especially by tbe inteJbgent, persistent, humane labors of Maj.Gen. George Crook, commanding officer of the military department of irijona. For many years tW Apaches carried on their works of theft and murder almost unresisted in this Territory. Government had spent millions upon millions in useless military operations — certainly operations which did not reduce the number or horrid character of the murders and pillage. Within six months after General Crook was freed from crippling restrictions, with leas than tbe former average number of troops he gave peace and security to Arizona. duration of this peace and security upon, in tbe opinion of our people, the time tbe general is continued in command of this department. He isTnodeat, marvjonsly industrion8,Just, Emd as humane as any man can be, and executes measures which all hiatory shows are necessary to good government. However this paragraph may be viewed by those whose location disqoaliGee tbem&om a proper judgment uf the wants and welfare of Arizona and her people of all races and conditions, I am emphatic in. my belief that I can in no way render tbe Territory a better service than by presenting It in my ofBcial capacity. Individuals now travel and work when and where they

choose without constant apprehension of losing their lives ; five months ago n tbe fool-hardy would have dared do so. The eflfect of this new condition upon settlement and improvement none can misinterpret.

Spanish Ijnd-Claims.

Begarding claims to land under tbe laws of Spain and Mexico, I bave nothing new to present. What appeora in my report for 1872 will aptly apply now. Very respectfully, your obedient servant,

JOHN WAS80N, Surreyor- General, Arizona. Hon. Wuxis Dbummond,

Comtamioiier Qencral Land-Office, WathiBgtow, D. C.

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G. — LUtoJ Umia trnvei/ti in Aritona for tAejSioaZjrear ending June 31

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11. — Ewimafed /or (Ae sntrjinff <Tctpe in the dUlrict of ArUona for the fieiMl vear ending .J*He 30, 1H75.

Unitbd States Scrvktor-General's Office,

Taaon, Ariz., July 8, 18T3.

Sib: In compliance wilh your circalor of date March 11, 1873, 1 have the honor to submit the followinft eetimatea for the Barveying eerrice within thia district for the Qecal year endiDg Jane 30, I8T5 : For oontinninf; the enrvey of meridian, standard, township, and section

lines $30,000 00

For salary of nnrveyor-ffeneral - 3,000 00

For salary of clerks in his office 4,000 00

For rent, fuel, lights, and other incidentals ,'. 2,500 00

Total of estimates 39,600 00

Of the sum estimated for public snTveys at least $20,000 will be required to meet the pressing wants of settlers as tbej will increase witbont the stimulus certain to be given by tbe advancing railways and the gradttol reduction of the savage ludians to a state of peace. At this time I have requests by actual Aettlere for sQieys of public lands on the Little Colorado Biver in the eastern part of the district, in the Upper Gila Valley, in the Verde Eiver Valley, and in some of tbe smaller valleys near the Main Colorado; aud, owing to the limited appropriation now available, 1 cannot compJy with any of them. These localities are distant from any established base or meridian, BO that, if the settlers were disposed to procure these surveys under tbe special deposit act, that oonrse would be a grievous burden to them. Tbe present appropriation will he fully exhausted in extending lines to and over lands about Yumn, (formerly Arizona City,) in San Pedro Valley, and township lines over the Wallapai mining-district in Mohave County.

I renew my former recommendation regarding tbe survey and sale of timber lauds, and that not less than $10,000 onght to he annually expended in surveying that class of land. The best interests of Ooverunient and permanent welfare of the Territory could be promoted by the earliest possible survey and sale of all timber lands. Tbe principles underlying the homestead and pre-emption laws are not practically applicable to the mountain timber lands, and none other of considerable value exist in Arizona. The timber of value, and which it being cut and disposed of at a profit by men who would cheerfully bny the laod if they had the privilege, lies in rocky and precipitous mountaiQS, totiJly unfit for pemiaoent homes for settlers, and never will or can be so occupied by them. In addition to timber they may prove valaahle for mining, but never for agriculture; hence my unreserved recommendation is for early survey and sale to any and all whoearo to purchase. Tbe oidinary interests of Arizona will not be sabaerved by a less appropriation foe

The General Land Office. 175

survey a than bcreiu asked, and the business of this office cannot be cod ducted with less than the several sums estimated for salaries aud incidental eipeDses. Very respectfully, your obedient Bervant,

John Wa880N,

Sa rvegor- General. Hod. Willis DnusiroND.

Commiaaioiter General Land-Office, JVaihlnglon, D. C.

"S. — Annual report of tite surveyor-general of California.

L'siTED States Surveyos-Genbral's Office, San Franeigco, September 96, 1873.

Sir: I have the honor lo submit herewith, in duplicate, my aunaal report coDcemiu the survey ing service in Califoruia during the fiscal year ending 30tb June, A. D. lH7;i.

I also forward tubular statemeDts to accompany the report as follows :

A. — Statement of contracts entered into by the Uoited States surveyor-general for California, wilh deputy surveyors, for survey of public lands during the fiscal ycr Itf72-'73, and payable out of the public appropriation for that fiscal year.

B. — Statement of cDDtracts entered into by United States survey or-getieral for Califoruia, with deputy surveyors, for aarveys of public lands during the fiscal year 1873-73, and payable ont of private deposits, made in conformity with act of Mny 30, 1863, and Marcb 3, 1871.

C. — Statement of surveys of milies in California during the fiscal year 1872-73, made in conformity with tbo acts of Congress approved July 26, 1866, and July 9, 18T0, aud May 10, 1872.

I). — Statement, showing the number of miles surveyed in California from June -10, 1872, to June 30, 1873.

K. — List of lands surveyed in California from June 30, 1872, to June 30, 1873.

F. — Statement of plats made in the office of the United States surveyor-general for California dui-iug the fiscal year 1873-73.

O. — Statement of transcripts of field-uotes of public enrveye sent to tbe Department at Washington from the office of tbe United States surveyor-general for California during tbe year 1872-73,

H.— Statement of descriptive notes, decrees of court, &c., of private land-claims to accompany plats for patent, compiled for transmission to theDepartment at Washington during the fiscal year 1872-73.

I. — Statement of special deposits for the survey of public lands in California during the fiscal year 1872-73.

J. — Statement of special deposits for the survey of mining claims in California during the fiscal year 1872-73.

K Statement of account of appropriation for tbe survey of public lands in California during the fiscal year 1S7S-73.

L. — Statement of account of appropriation for offlce-rent, stationery, pay of messenger, and incidental expenses of the ofQce of tbe United States surveyor-general for California for the fiscal year ending June 30, 1873.

M. — Account of the appropriation for the salary of surveyor-general for California for the fiscal year ending Jane 30, 1873.

N. — Statement of accounts of appropriation for compensation of clerks and draughtsmen in office of the United States surveyor-general for California for tbe fiscal year ending June 30, 1873.

0.~Statement of special individual deposits with the United States Assistant Treasnrer of San Francisco during the fiscal year 1872-73, for compensation of clerks and draughtsmen in office of tbe (United States surveyor-general for California.

P. — Statement of the special deposits account for the fiscal year 1872-73.

Q.— Estimate for tbe surveying service iu tbe district of Califoruia for tbe fiscal year ending June 30, 1874.

This branch of the business of the office progresses slowly, there being many ilifiiculties in the way of a final settlement of the surveys of Spanish grants. A number of coses are in court and cannot be surveyed till they are judicially determined, aud in some cases the surveys are to be modified, but the owners of the ranches are slow in making the necessary deposit — in fact they argue that, having once paid for tbe survey, they should not be called upon to pay for such modification of the same as tbe Government may think proper to make.

Under the present system of requiring tbe owners of Spanish grants to pay for the surveys of the same, it is found to be exceedingly difficult to carry on this branch of the service with anything like prompt dispatch.

Bkport Of The Commissioner Of

The eurvuva of public lantlii have been mostlv confined to the northern portion of tke State, to wit, in the Humboldt anil SnaauvOle tiind-di strict b. This portion of the State until recently has attracted but little attention except for niiniugpurpoees; hence hut little aurviiying haa hereUifora been done in that region, but now it is found to be very desirable fiir purposes cif a);naulturB anil grazing, and is very attractive to imniisrants ; hence I have thought it well to expend the luoet of the appropriation for the laBt fiscal year in that district of the State.

8WAMP aSD OVER FLOWED 1A>"I>.

Several swamp-land cases are set for hearing dnriu); the next two or three months, and perhaps a number more will have to be examined within the next year. The ewaniplund question excites much intent in tliis Stat, as some of these lands when reclaimed are found to be exceedingly valuable. For instance, the land on Sherman and other islands situated near the junction of the Sacramento and San Joaquin Kivers, which has been reclaimed, is found to be wonderfully productive.

The work of surveying min likely to increase iu the fut factorily.

On the Oregon branch of the Central Pacific additional stations have been added as the biisiuew Increased, anil improveinente have been made at Sesma station for the ac< cummodatiou of a large lumber trade which concentrates at that point.

A flume has been constructed some forty miles in length for the floating of lumber from the foot bills of the Sierra Nevada to the railroad.

During the fiscal year ending June 30, 1B73, 21.7 miles hove been constructed on the Southern I'nciflc Railroad in Sun Joaquin Valley, making a total of 43.T miles to date, and 48.d miles of branch line of tho Sonthem Pacilio Railroad from Poro to Soledad.

On the San Joaquin division of the Central Paciflc, now 14B.3 miles in length, several statioDB have been added for the accommodation of increased traffic.

RecoDstruotion of the California Pacific between Davis ville and Sacramento baa been completed, and the whole line with its branches is now in a first-class condition. The tunnel at Clipper Gap 700 feet in length and the large embankment and excavation connected therewith is now completed ; 530 feet of the tunne! is lined with granite, having substantial portals of the same material.

A wagon road is being constructed and will probably be completed during the year from the town of Merced on the line of the railroad to the Yosemite VuJIey. This will make that locality much more accessible than heretofore, aud greatly decrease the labor and expense of travel to said valley.

if-gauge railroad is about beine commenced from Benicii

Sacramento River, aud also a narrow -gauge railroad is iu rapid progress from Saucelilo toward Mendocino.

The present ee.aoii in California baa been ordinary. The wheat crop has scarcely reohed an average standard, but the good pricea commanded have perhaps more than made up for the deficiency in the quantity produced, so that the wheat-grower hiut done well.

The grape crop in some localities has been injured by frosts ; however, the crop is generally good, and the yield of wine will be large.

A large amount of capital has been invested in ditches for mining parposes, especially for placet and hydraulic working, which has generaUy proved to be remunerative, also mach attention has been given to tho construction of ditches For purposes of irrigation, particnlwly in the San Joaquin Valley. Farming experience in California shows that wherever water can seasonably be put upon good soil an abnndaut crop is certain ; hence the subject of irrigation is of much interest aud importance to the agriculturist.

Wool being one of the staple products of California, much attention has been given to the improvement of the breed of sheep, and with eminent success, as shown by the exhibition of fine stock at the late State fair at Sacramento, at which place were exhibited superb specimens of all the domestic animals known to onr country, together with the finest imaginable samples of all the cereals, iruits, vegetables, &c., known to the temperate zone, and also many of the semi-tropical prodncions; all of which show that the climate of California is peculiarly adapted to the raising of fine stock, and that her valleys and plains generously reward the patient labors of the husbandman. Very respectfully, your obedient servant,

J. R. HARDENBERQH, FniteiJ iState* Siirvegor-Generai for California.

Hon. Wiixre Dbummonh,

Heiitral liid-Offce, Ifaikingtoti, D. C.

THE GENfiEAL LAND OFFICE.

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184 Bepoet Op The C0Mmis810Nee Of

C. — Slatement of turreye of minu in California for the sear made in o forBtitji icilk the acta of Congreg* approved July V6, 1866, anil Julf 9, 1670.

nen. a.iSTa.,

Hook Tunn

isGdIiI Placer

s Union Ualcinlyer.

on ii Co. bold Placet.

UIts Gold Quartz Bar Colli fUcer Black LedEO Golil Quarti

ibldriauer ' Placer Coonty.

.'NeTailjiCoonty. . 1 Nana County. . Yabti CoDUtT. .1 Do.

. I Del Norle County.

Dnadeni

Eclipse Gold Quarti- .

Eureka Gold Quarli

Empire Gold quart!

Elk Creek and Kooff-Nothjiig : FiDDk Hofnuaa Gold Plaoet, . .

lilniieKaD Gold Quarto

FetgDKHi A Co. Gold Flaeer . . Owvey Gold PUcer. . .

Hart Gold Placer..

Hobbard ft McAdanu Gold Qnar HomewaTd Bound Gold Quartz. .

Helen QulckaUTer

lUllao Gold Quirts

iDdependeut Gold Quatti

J. H. Englieli Gold Quarts

KajalODe Cop

Eeyat

Minbatl

PolDt Rock Gold Quartz. . ..

Mam Gold Quarti

Middle Eoba Gold Placer

Mahonev aud South Mahoaey QuarU . .

Raw Tork QukkailTer

Qnlikallrar.

Nary Red Gold QuHtc

ir Man Gold Quartz...

Porter Gold Quarts

Sorocco Gold Placer

IStloklo Gold Quarts

San Bernardino Gold Quarti...

SaniaMadaSilTer and Lead

United StatB Gold Placer

Union Copper

Valley Qolbkailver

Vermont Gold Placer

Woodhovse Gold Quarti

WolTerino Gold Quartz

Watra Gold QnuU and MillSlte . .

Woodniar Gold Pboer..:

Wheeler Gold QuarU

Tule and Willey Gold PUcer

Yellow Jacket Gold Quartz

Tuolumne County Placer County. Amador County.

El Dorado County.

Del Norte County. Calaveraa Const;.

El Dorado County. Loe Angelea County. CalaverHB Conuty. Amador County. El Dorado County. Amador County. Xevada County. Amador County. Lake County.

Amador County. yuba County. Xevada County. Placer County.

Placer County. Tuba County.

San Bernardino Couiity- Tfnba County. Amador Conuly. Calaveras County. Kapa County.

Butte County. Amador County.

Swj Bemardiiio County £1 Dorado ConntT. Nevada County. Calaveraa County. Napa County. El Dorado County. Inyo County. Placet County. Calaver

e County.

rapa County.

Loa Aogelee County. Amador County. Placer County. El Dorado County.

The General Land Office.

Anderson Golch Gold Placer. AneelBGoldOtiaFti Atlaatlc Golil Quai AlamedA Gotd Qnar Butcher-Boy Gold Qiurti

Baker Gold Qniirts

Brown & Mnrrav Gold Placi BiR-SprlDS GoldFlaoer . .

Bovee Gold Quarti Uineiuid HillSite . Bomniu CbSod Gold Plur-

Bed-Bock Tnnnel Qtii Placet Bael Gold Pliicai

Bii-BlnV&dd indSiver Quai

Bowen Gold Placer

Brown BrotbeiB Gold Flncer

Badger- Gold Qnirti

Ba<£e;e Bar Gold Placer

Banker-Hill Gold Flacai

Bonney Placer

Cliaparral Hill Gold Quarts Mine and

CayoM Hin Gold Quart!

Coromnes Copper

Church and Golden-Gale Gold Placet

CrteaoB Gold Quarts

Cataract Gold Grayel

Centrml Gold Hacer

Chile Golch Fhtmine Compani Gold Placer

Clear Cicek Gold Placer

Clara Louisa Silver Quarti

Clary A McCarthy Gold Placer

Champion Copper

Cement Hill Gold Placsr

Coat*GoldPUoer

Cmmptun & Co. Gold Placer

CloarCreek Gold Placer

Campo ScDo Copper

Carson Gold QoBTtz

Cederbers IstSonthem EzteDaion Quarti Mine and HUl-Site.

Clydersdeile Gold Placer

CaBon Creek Gold Quarts

Cnmbeny Gold Quarta

Chetokee-FlntBlne-Grayel Placer

Dlion 4; Cooper Gold Placer

Uaonenbrink Gold Plaoer

Diamond Honniain OoW Gravel

Duncan Gold Quartz

Democrat Gold Quarti

El Dorado Gold Quarts

Edd;GDldQuarl<-

Enterpriee Gold Placet

Empin Gold Quarts

Emlgraiit Sola Placer

Fort Ynma Gold Quarts Ulne and Hill-Site

Ford Gold Placer

Franklin Gold Placer

Fr*monl Gold Quarts

Green Spring QoldPlaeec

Greenwood Gold Quarti

German Gold Quarts

Green Walter Sold Qoai'ts

Gdiw'a Banch Gold Qoatti.

GridSr Co. Gold Quarti

Guadalupe Gold Quarts

Garland Ull Slope Gold Quarts

Garden Gulch Gold Placer

Gold Quarts

Gray Eagle Gold quarts Mine and UUI-Site

Gall Gold Placer

Griffith & aot Gold Quarts

GoodaleAiVllllams Gold Quarts

Hall & Co. Gidd Placer

Hudaon MUl.

Siskiyou County. Calaieras County. Placer County.

Do. Nevada County. Los Angeles County. £1 DortSo Coonty.

Siskiyou County. Nevada County. Calaveras County

Eeru County.

Trinity County.' Nevada County. Placer County.

Do. Del Norle County.

Do. Calaveras Coonty.

£1 Dorado County, Placer ConntT. Nevada County. MaripWA County.

Nevada County.

Do- Placer County. Nevada Coontr. Siskiyou Counly-

Lm Anieelet County-

El Dondo County, Placer County. Bl Dorado Coonty. Del Norte County. El Dorado County. Placer County. Trinity Ooontj- Calaveras County. El Dsdo County. Nevada County. El Dorado Coantr. fflaklyon County. Amador County.

Report Op The Commi88Iosee Of

of nmeyi of minf in California, 4-e. — Continued.

Not. 3T, lEm., IMir. 19,1gT3.. April IS, IB <3.. . 3,1873.. Oct. SRIBM.

Dea wisra..

Feb. CltnS.. iittr 9,1873. JmwllLiaTS.

Sept x,itm..

OCC U.lBIil..

Aug. as, 1878.. F*6. 7,1813. Mar. M, 1873. Apr. IS, 1873.. Ub; 30, 173. Julie 38.1873.. .rone 11, 11973. Snit. 31,1879.. ()cL 21.187S..

Sot! lailSTs!!

Apr. 53,1873.

bet" 31, i8:

Dec. 13,1873. Jtui. 18,1873. Feb. 11,1873.

Ju. 10, 173.. Feb. 90,1813.. Mar. 7,1873. May SI. 1873., jDDe 30. 1873. .

Spt 18,1879.. Sept 28, 1878. Sept. 90 1B73.

. BiUGnlchGolil Placer

. UaDcock aod 'WBtHO Qold Qnuti

. HaisaTd Gold PIkoer

. Uappj Camp Gold Placer

. HBEerftHaaa Gold Placer

. Hard Scrabble Gold Plaoer

. Herriek Gold Plaoer

. Indtapa HIU Hydraulic Said Placer

. Iilih and BTme Gold Plaoer

. Jonrdau GnlchGnld FUeer

. JohDKiD BlU Gnid Placer

. JddoUod Bar Gold Placer

. JoDea Gold Flaoer

. KUluun iHoracelGold Placer

.

. KevRtODe CoDWililBCed Quarts

. Lady Franklin Gold and Silver Quarti

. Lej3noGoidPber...

. Laat Chance Gold Placer

. Lat Chauoe Gold Quarti

. Marytanil

. lllneralUoiintaIn Gold Quarti and MlU.Sito

. Mammoth Gold Quarti

. MartetM Gold aod Silrei QnartE

. Montreal Gold Gravel

. Uarfleld & Co. Gold Placer

. Mammoth Gold Quarti

. MlHonrl Gold Placer

. Mlcblgan Bat Gold Placer

. Meant MorenalB Gold Plaoer

. Morning Star Gold Plaoer

. Morgan Gold aud Silver Qnaris

. Malone CoDKdldaMd Gold Placer

. Mack Gold Qnarta

. North Confldence Gold Quarti

. Naahvllle Gold Quarti

. North Lincoln Gold Quarti

. Sorth Saint Lawrence Gold Quartz

. Norerto Gold Placer

. New Albany Gold Quartz

. Kortb Star Bold Quartz

. Oro and DardaDellea Gold Placer

. Ophir Gold <iartz Mine and Mill Site

. Oak* Gold Quartz

. Oregon Gulch Mountain Gold Placer

. OldFioneer Gold Quartz

. Oio Gold Flaoer

. Oregon Gulch Gold FUcer

. Pellet & Fruitl

, FiciHo Gold Quarti

. Plymouth Sock Gold Quarti and MUl-Slte

. Patterson Gold Quartz

. Phoenix Mill-Site

. Pruaiian Gold Placer

. Fine-Nnt Gold Qaaiti

. Pullman Quarti

, Pennaylvanla Gold QnarU

. Ptoneet Gold Placet

, Portngnoee Flat Placer

. Kailroad.EIU Gold Quarti

. ned.Doji Gold Placer

. Red-Hill Gold Qnsni -.

. Batherford Gold QuHrtz Mine and Ulll.lte

. Uaw-Bid* No. 3 Gold Quarti Mine and Mill-Site

.. Secret <ianoD Gold Quarti

,. Salelg ETteDBfoD No. 1 Gold Quarti

Swanaea Gold Quarti

Placer County! Del Norte County. Calaveras County. Butte County.

El Dorado County. Trinity County. Placer County Bl Dorado County. Plaoer County, Sizkiyon County. SlakiyoD County. SlzUyon County. Trinity County. Nevada Coonty. Plumaa County. Laaaen County. Bl Dorado County. Alpine County. Siakiyou County. Sterra County. Plaoer County. £1 Domdo County.

Tuolnmne County. Nevada County. Nevada County. Sun BerDaidlno County. Placer County. Siakiyou County. TrtuTty County. Placet County. Calaverse County. Nevada County. Taolomne County.

Amador County. Trinity County. Amador County. Placer County. Trinity County. Shaata Conuty. Siakiyou County. £1 Dorado County. Calaveraa County.

Trinity County. Sierra County. Tuolumne County. Nevada County. Tuba County.

Placet County. Maklyou County. Placet County. Siskiyou County. £1 Dorado County. Siekiym County.

i-eb. la.ie

Feb. 85,18 Feb. 36,19

Apr. i Way 1

Jan. 34,18 Fob. 37.18 Msj SB. IS

The General Land Oppice. 187

C— Statement ofgitrveye ofminea in California, 4'C- — Continued.

Scn River Gold Placer

SommiC surer Qnrti

Sidney Smith Gold Placer

SlnrfiTBDt Gold PUcer

Slnktam Gold Placer

San Fnuiciaco Copper

Summit Gold and Bilver Quartz

SuoooM Gold Qoatta

Star United Gold Placer

Saint Lawrence Ko. 3 Gold Qoaiti

San Felipe SilTer and Lead

Sweene; Gold QoHU

Sookby Oolil QuarUs

Shanebal Qnarta

Tnltle Golch Gold Placer

Tom Bell Gold Placer

TrinlCT Gold Placer

Tempflto Silver Quarti

TIppentiT Odd Placer

Ttaomaa Gold Placer

Unole Bam Gold Quartz and Ulll.Slt

Union Bill Gold Qart

Van Dooier Gulcft Gold Placer

Talparso Gold Quartz and Mill-Bite

Wrfghti & Co. Gold Placet

Wet Quartz and Placer Uine and HUl-Site. .

Wide West Gold PUoer

Wiaconain Gold and Silver Quart!

Wide Weet Gold Placer

Wllley Gold Placer

Wvomlnit Gold QnaRi Mine and MillSlte

Whale and Padie Joan Gold Quarts (coDBolldated) Site.

Window Elll Grid Qnaitx

Wllloo Bat Gold QnaRz

Yon Bet Gold Placer

Yellow Jacket Gold Quarts

Slaklyon Coouty. Trinfly County. £.1 Dorado County. Kern County. Trinity County. ijiskiyua County. Tnolnmne County. Kevada County. Siakiyon Coontr. Tuohunne County. Siakiyon County. Calaventa Coonly. Do.

vyiJaveraa County. Trinity Connly.

f.1 Dorado County. Nevada County. Del Norte County. Kevafla County. Slskiyon County.

Diglizedbv

Report Of The C0Mmi8810Nee Of

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Acres public Iftnd Burveyed 2,195,726.24

Acres, as per colanm A 176,011.24

Acres, aa per column B 10.43

Acres, as per colnmn D 230,362.82

Acres, as percolnmn E 130,586.27

Acres, as per oolanin F 104, 142.28

Acres, as per oolnnm Bemarks 379,659.39

3,216.699.67 Deduct minns difference in column C 18,867.97

Aggregate 3,197,830.70

J. H. WILDES, Chilf Draaghlsman,

a daring the Jiaeal year

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G. — Statement of tranaoripl of field-notes of pablio larveif* eent to the Department at Waehingtonfrom the o£ice of the tliiited States mrvegor-general for California during the fiscal year 1872-73.

Isttac K. Cbnpmaa

WilUam Mageo

T.J.Dewoody'

j.M.'AndsrBmi""r.''."."".'.'.ir.v.*.'.'.i;ii**i;";r.;*'.'.i

John r. Partridge

Jobn PientiM

WiHiftmH-NOTTfuy

Wilfred F, IninOls

William Minlo

GtmrRS Tucker .,

Wilfred F. Infcalls

LF. EiplBT

CF-Henley''

T.J.Dewoody*

Eiecnted onder eg

SEPOBT OF THE COMMIBSIONEB OF G. — SlattmtHtiif trttMeript 0/ Jteid-mttet <ff puWc tHrvei/a, — ContinnecL

Date of coo. met

it

When Bent

Jnly 8,1873 Jan. 31, 1872

July 1,1873

a. -lis

Mu. li 1864 Dec 17, 1B7S

Jnly IS, 1873 Sept 80, 1873 Mayai,187S

£i tii a as

MoY. 1.1878 Feb. 27, 1873

Feb;30:i8TJ

M"y 271 1872 Jnly 10, 186a

Mar. 2411873

Aug. 94, 1813 Sept 4,1879

Msr. 15. 1873

A r. 1411873 Apr. 15,18

A T. n',ieT3

May 16,1873

Eieonted under apBCiol

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Ij.—3talemeiil of aceoant of approprialioa /or offlct-rent, itatwaery, pay ofvtessenger, and i- ndenlat expataes of the ojBce <tf tte United States tuTreyor-general /or California for the fiscal year ending June 30, 1873.

Sept 30

To amount paid in Jnly, Auoost, and Beplember,

To amount paid in October,

second qnacler.

tl,eiHe3 1,098 38

By apprmria

on hy act of

June 30

To amoonl paid In JaDoary, February, and Uarch. third qnartr.

HMOi! 631 DO

per iDcidenlal aoconntof of appropriation.

'i.omm

June 30

0Bs8I

To account ofJ.R Harden-

To amount of J. k Hardenbergh for second quarter.

By anpropriat CaliftS™!.

on for salary r-general for ct Slay 8,1972

June 30

bergh for fourth quarter.

J. K EABDE7TBERGE. VniUd Statti Surwyor-Gatemt/oT California.

Sept '30 Dec. 31

To amount paid clerks and

H8M78

e,at7i

July 'l

ia,ooooo

Juno 30

For third quarter, ending

March si.era.

For fourth quarter, ending

Boeofapptoprlrtlonnot

ii,ooau

2lG BEPOBT OF THE COMMISSIONER OF

O No. 1. — StattmeHl o/tpeeial inditridiHiI dtpoaiU witA the United Stata aisiatant treasurer at San FraniAteo, Cat., during the fiscal gear l&72-'72, for compentatUm ofelerka and draughls- Mm IB ike oficeo/the Uiled Slatee tumejfor-generai for California.

""'Ult.* Napie of depositor.

Locotion of mrvey.

Uerldlan.

.

P

Jllly 3, 1879 July 3,1S7-J JulJ n.I81i

Francisco ShiJuiJo

S.W.Qsrtner

To-Tiehip 18 . ranee ... ToniiHhlpa lOBud 11 north, rouge It

Diablo.

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Townriip Snonh.ruge Sweet... Towneh p 99 ooolh, range 10 eaat . . . Tuwiishp 9ioalh,raDKe 8eBt...

Hnii."::::.

Ban Bem'ardD Mount DiaMo..

Is

Jamee F. Stewut

do

L. A. Tmemlale

M.BoBnue

SJ?gS

Townthin 7 north, ranse 4 weal... LaiKlalleled to CeDtnJ Pneiflc Rail

do

ai

St 85.1872 S 111

Townohlp 7 Dortfa, range 1 eoot

Hiin.b.ddt

Towniihjp

So 00

Oct. afl.1873 Oct a,l874

Oct 99.1873

octL a.

St ss

George Wffods

TowDKhlp 99 south, range 14 out . . .

S5 00

Township S3 oontb. range 14 .. .

do

Oct 99, IS72

Oct 30.1873

Fredlirick W hi taker .

Frederick Iteef

A.Hamnion

William UuCliDlock..

Is

Nov

Township 95 south, range 17 eaat ...

do

£

Township H nortli. range 3 eaat Township IS mirth, rani 19 west . . .

S jiS

9, 1873 Dec 5. lew Dot 0,1878 Deo. 5.1873 Dec 14.1679 Dot 14,1878

&#x27;As$&#x27;

Township 14 north, mnga 19 vest. .

Si-Is.""

Dec 14.1873

Dm. 1S,1BT9

JaraoB Gorman

Township 8 north, range 18 west

TowDsfalp B north, range 13 west Township 8 north, range 11 west Township SO south, range 19 eaat . . . .

Dec SO, 19

f IS;

Township 6 north, ranges 33 i: 34 west Township IS north, range 19 west. . .

n;i873

SIS sii

Township 9 Bonth. ran |!e 7 west

Townahip S north, range 31 west. .. .

SanBeraaraino. do

J,u.

Toiisfiip 'i 'Booth;™; 8 weft'.'. '. '. 1

Msi

Township 19 north, range 1 1 ... . Township 14 sonth, range 34 east, . . . do

Mount DiaWo-

Feb.

iU 00.

THE GENERAL LAND OFFICE. O No. 1. — Stalementof special individual dcpoails, 4'c. — CoDtiDned.

Feb. 13,

Feb. IS,

Feb. 13,:

Feb. 34,

Feb. 9S,

April 10,

April IS. April 31.

April !B, April 23,

April 33,

Lemuel LytteD

FrBuk Gresbrouu —

H,aTriplet

F.E.WickB

Martin A. Britten

Svnnel Pollen

Gflorfie PlBTce

Blebard Eammond . .

CharleB Brooks

John's. Foulke';;!!" Henry Pieree

A, O. Brawn

Moseby White

. Tomiship 10 uottb, luagfi 11 weet. .

vuHhJp 11 north, range 18 weal . .

rnBhlp 7nerth. TODge 7 veat

flnehip 14 north, range 4 vest... nubip 11 anoth, ranRe l vest..- rDBbip 16 north, ruige 17 west..

TovDBblp 6 north, raoEe 31 wee

and 5 north, ranee 33 went Townahip II north, range 3 west. .

Township 33 north, ranges 9 lOveet Townghlp 9 north, range 8 vtat.

nehip 30 north, Toge 2

San Bemardint

MoDUt Diablo. do

San Bernardino,

Uonnl Diablo.

D Bemardiui iimt Diablo

San Bernardino,

No. 2.— Statement of special indii-idiial deposits tcith the United States assistant treasurer at San Francisco, Cul., daritig the fiscal year 1872-T3, for compensation of tleris and draugJUtmea in the ojPce of tKe United States sarTegor-generalfor Califomia.

Date of de. port.

Name of depoaitor.

Name of mine.

County.

Amount.

Jn y 9 1872

K.Bnmell

s:

J S-Slanwn

do

do

cSgaG Kanobarf beorgeH Mooie

ItoiaelPererrea A Breoce deorgeA Nonree

51Sr?:-.:

Sierra

dlno.

Chal HilfGold Qnarte MJne - Mineral Monotaln Quarts Mine. . .

July 18 1873 July 19 1812 Jnly 19 1872 Jnly 30 1B72

jBli ja 1B7J

Jnly S2 1872 Jnly 34 1873

jSl? U 1m2

Placer

a-S.asrKS;.'?.

Tnolnmne..

REPORT OP THE COMMISSIONER OP O No. 2. — Slaletneat ofepeeial iitdicidaal depotilt, — Contiuaed.

joir M 19-3 July 30 July Jl. 18TS

Kej-done QuaitiMiabg Co

Joseph TTenl

G.G. WetaUr

,,Jett&Tnielt David P. ManhaU . . Cbalcb A, Blaochud

L-M-Foolk*

Ceoreo Conadon

'"--mi. Cooper

LDueB Copper Miu . .

..injigor QduIe Mine

PdleK ft TnieU Placer Uliw. . .

Secret Calion Quarti Mine

Kl Dorado QnartE nine

Angela ifarli nine

IHioD Copper 7racer Ume

Auk UIBTa .

Auk UlSTS :

Aug. 14 Ifi-'

Aug;. 13, If

Ang. 13, ISia '

Aug. 15, liT''

Aug, 1.1,18

Aog. '"

a

f. Woodmui

Hugba. J. sioUb. tl'ai

a, lin3

Henry HBgat

HBgat saUlni

Timothy Coconm —

„.E.'ScWatkB!";!! Uodworth. WoodeD,

Aug, gli

Aag. m! 1 Aug. 31, 1 Aqb. 31, 1

Sept 3,1873 Bept. e.189

Sept n, U Sept 11. If

Sept IB, lera

Sept IB, 1813 Sept 16.1873 Bept IB, ie

Sept i!i,ien BBpt uisn Bept iietn geptU,18n

Smt so,isn

Sept 80,1?—

ao, IE Sept a4. If

CbiirlflBF.Webn... Edward F. Tavlor. . Thomaa CaippWl . -

Henry Gutierea

S.O.Btomi

D.E.Buel

Uoer Mining Compau;

James Morgan

Xevada Mining Company Oiunyii HorkneBa

aabinRtnu Mining Co .

Br Gulcb Placer Mine..

Coyote iTill QnartiJdine.

EdII GDlch Flaoer Mine .

rhnoii Qoarta Mine

German 5aaxU Mine ... . 1 Quarti Mine. .

TnUle Onloh Placer Mine

Jonrdan Gulob Placer Mine

Green Walter Qnarta Mine

Brown & Murray Placer Mine Oold Qnaiti Mine, fint

moth QaartiMine

and Mm Slope Plaeer Mine

laret Gold and SllTer Quarti

Gulch Mountain Placet

"ar.

Gopher Quarti Mine

Peniuylvaula Placer MlDt

Pennsylvania QuHtz Mine

Crcenu Quarti Mine

Hqrdenberah Qiwrtz Mine

Nevada Mining Co. 'a Placer Mine and Golden Qata Placer Mine.

a Lode quartz Mine .. .

HydranJie Placer Mint

Gray Eagle Chiarts

omBeU Placer Mine

tuinenbrlnk Placer Mint

Lady FrankDn Gold and Silver

El Dorado .. Slaklyoa

ElDonido .. Siskiyou

Lofl Angeles,

Calavenw. . . XlDoiado...

Bhlyou,

Bl Dorado... Netada"!'.'

Stakljou. Tuolumne

M Aogelea.

Amador..

rnba

THE OEMEEAL LAKD OFFICE. O No. 2.Statemeal of special individual deposila, c— Contiuued.

Same of depositor.

jb Hsgarelol

l.HopkinB

J. H.iJritlendeii

Frank Foucbet

M.M.StaOlto

Opblr ODlJ an d SilTBF Hinmg ind Mil] Company.

do

John S, Doe

JoAupb U. Cavifl

Charlea W. Smith

harles H. Dewey

V. H. BoTse

f.MBfleld & J.B. lUadeey. WTGoodaloai

Charles & Co

J. A. StndBTSDt

Wolakey White

H.C.WlIt

O.L. Slack

'Dey Smith

irlea H.Carr

J.B,Lednc

C.N.FeltonrtoJ

C.M.Bailay . i; "!'.!'.! "

W,D. Fletcher

LK.Ihom

UoKeene &: Welly

CDowni

Robert akinuer

r.H.Cootea

George D. DorDlo

Biobwrd Doncaater

L.B.Ayor

George O, Wobeter

James HIU

John G. Irwin

Benjamin Wood

G.S. Brown

":obert Lewie

J. M-Bufflngton

Jamea Moroan

do

do

Chariei Fetere

" Bishop.

M.Hazlelt

P.T.Noiiges

William j;Unnn

HagarA. Hub Placer Mine

Garden Gulch Placer Mine

Grigga'aRanch Placer Mine

PlymoDth Book Oold QoBita MiD< Laat Chance Mine

Clara LonisaOaartE Mine

WhsleaDdPadreJaDU Quarts Milt

Doctor Hill Quartz Mine

Soott River Placer Mine

Baiopus CaSon Placer Mine

Clary iL McCarthy Placer Mine. . Champion Gold. Klrer. and C.

Trinity

Slakiyon.. Placer Trinity... Nevada...

North Palemi

ma On in&Ci

'meet Plaoer Mine

ts Mine Bud .

liU-Bii

Goodie &WilliamB Place

JohDBon HiU Placer Mine

Micbisan Bar Placer Mine

Hendrtcka &Co.'b Placer Mine.

Railroad Hill Plaoor Mine

Window Hill Quarts Mine

Prosslan Placet Mine

H. C. Wilt Placer Mine

Bed.Rock Tonuel Plaoer Mine .

Sidney Smith Placet Mine

Vennont Placer Mine

Lednc Plaoer Mine..

Wbeoler Quarti Mine ,..

Portngnese Flat Placer Ue .'!

Willow Bar Placer Mine

PemuvlvaniaQnarta Mine

Cataract Gravet Mlue

Wide West Plaoer Mine.

Dully Varden Placer Mine

as Gold QnutE Mine .. .

San rrauclBOo Company Copper

Siaklyou . Amador.. ..

te Planer Mini

Grarel Mine .

Hill QuarU Mine

jn ft. Co. Placer Mine

nt Hill Placer Mine

uoDDt juorensia Placer Mine.

Caledonia Quart! Mine

Brown Bnthere Placer Mine .

Bob Lewis Placer Mine

PboSBU Mill Site

Orider & Co. Plaoer Mine

Chalk MounUda Blue Gmrol M MaboneT Quarts Mine

fi

Gmplre unarti Sally Jonea Qn;

220 Repoet Op The Commi88Iokee Of

O No.

Date or de. poait.

Kameo/depoaitor.

Name ermine.

Coantj.

—

Sor. !I.I8M

M.DanielPUeerMlne

Jamea H. ThotDpaon

Plamae

ov. 97, IBTa

Ist--

Sbppard Qnam Mine

Weed- Point Placer Mine

George D, McLean

Dec 3,18Til

Placer Mine. BuenaVislaOnartaMioe

Dw. 6,187-2

Oydewlslo Placer Mine.

Malone CouaoUdaled Placer Mine

Norte. - Nevada

Del None.;'

Placer

rto

Iabtcd

Defrw.:; IfStd-::

Kern

Del Norte.-

oXTeras.'.'.' ...do

ISSm:-;;;;::

Dec aaliFca

Vre. 9B,187-i

Sis

T.j.&H,ajoDe

Nellie B. Dent Gold Qaarta Mine.

NBshviUe tjaarti Mining

Sumner Gold and Sliver Qoarta

BiK Bloe Lead. Rold, and Silver Qaam Mine.

Jau. 8.1873

00

Hnbbaid MnAdamn Quartz Mine

Jan. H1S73

gimnnd SUenharl

IZ-aaTT::::::::

Jan. IS. 187a

Jan. 18.1813 Jan. ao.1873

" Anpio-Saiion MftinE Com-'

Nevada

Morning Stir Placer Mine

G vlu Quarti Mine (reaurrcT) . . . . Chnreh and Golden Gate Placer

s=nazs?:ss'"':::

Placer

Nevada

Slerro

Ibb::-.

ElD..™do.. Shasta

Jan. 34.1813

E.J.Colemnn

Jan. 34.1873

Bella nylon QaickaiivM

Jan. 35.19ia Jan. SS.1873

Jan. 89.1813

ComQuarta Mine

J&#x27;. 30,1813

Kern

Mariposa...

Mariposa."

Sonoma

Kntherford Quarti Mine and mill- Moont Vernon QolokailvBT Mine. .

The Qeneeal Land Office. 221

O No. 2. — Statement of special ivdlxMual depoaits, 4'0- — Couttnued.

Feb. 19.1873 Feb. 2t,lB73

Feb. HiejJ

taydeu Hill MiiiiDg Co 'Tovi'once Gold Riid Si \ec Mining Compsn j.

JohnaiFwiu.. JaiDM McClaco. B. E. Symeods . .

Hayden nill MtBinir GompaDy

Uld ProYideoce Gold and <A&yet

Mining ComMny. Elt Creek and£noK Nothing Su

Placer Mine.

Clakaic Hill Placer Mine

Tipperbry PIncer Uine

Dnion Company's PUcer Mine. Holmmb Valley Placer Mine . .

Evuns Mine

H.P.McNevin

D.Bewlle

Eton Fillpe Silver Minini

Andrew Jkckeon

LonlEi VMS

Job. Zeigler £ Co

W.B.Lowden

J. A. Euan

Win,B.Bee & Co. J.W.TuttlB&Co...

H.Ciifibrd

J. M. Case

ArChnr W.Keddie.. Pioneer Gnid anil fli

Uinii WiUian

P. McGratb and K

B.I-3ejoy

J.F.Van&TBT F. P. F, Temple...

S.BooBhey..

CtarletiaaVelsel.. Dibble i Bymo... MW.BelBhBir

John Walter

J.MHaven

E.G. Sncer

Jesee D. Carr .

Uilton Little Thomaa Flint Dniyea & Bote ..

A.P.HBskine Peter Faean — RM. Haydock.. J. W.GoBUnler..

Sorth Saint LanrenceQnartz Mil

rabcrtn & Co.'s Flaoer Mine

San illlpe and Silver Mine,

Bnckeje Bar Placer Mine

Mount Oro Placer Mine

Atluitic Quarts Mine

Valparaiso Quarts Mine

Oregon Gnloh Placer Mine

North Lincoln Quarla Mine

Tuttle II Co. Placer Mine. . . WhefttonPlacerl"

Bouahey Silver Mine...

ing 'Garden Placer Mine

Crystal Quarti Mine

Giaitb &, Bryant Quartz Mine. . . Cederbergh First Southerly Exten

eioD Quarta Mine. Wiltlama Ji Hughea Placer Mine.

Dnion HIU QuaHi Mine

Horriclt Piaoer Mine

Sheridan Placer Mine

Sumpter Placer Uine

Temple Quartz Mine and mill-aile. Gem of the JDeert Silver Mine...

Last Chasoe Qnajtz Mine

North Star Quartz Mine

Calaveraa.. NeTada... Trinity

San Felipe Gold and Silver Mine.

BuDker Hill Placer Mine

Kobla Field Placer Mine

Tong Gold Quartz Mine

Montb of Humbug Placer Mine. . Helen QuicksUrer Mine . . Soulaby Quartz Mine and ] Eeconstroclion Placer "' TuttJe & Hughea Plac Alameda Quartz Midi

El Dorado.

Mine... Mine .

Mine and mill-Bi

Cerro Bouito No. 1 QnicksUve Mine and -slte. erio Bonito No. 8 Qulcksilve

Caraon Gold Quartz Hlne,...

Ambroae Placer Mine

MuD4-mno Placer Mine.

Hatchet Creek Placer Mine . .

Mechauice' Quartz Mine

Rawhide Placet Mine

Shaiighsi Quartz Mine

HEPOET OF THE C0MMI8SI0NEB OF O No. 2. — SlatemeNt ipedal inAitiHaaX depotltt, c. — Coutiaaed.

Date of de-

Same of mine.

County.

Amount.

Apr. 11,1813

Apt. H,iei3 Apr. 14,1813 Apt. 15,1873

Apt. is,iftn

Apr. 15,1813 Apt. 18,1813 A: is; 1873

IE glS IK: !!:!S

J W G tinier

Bawblde No. 3 Quartz Mine and

Belmont Silver Quarti Mine

Wiltekint Silver Quarts Mine. . . .

Placer

Biliijoa.:!:

IlWPy Camp Hydraulio Placer

Woo

Lasam

Tuolumue"!

Nevada

I*. Angelee

Piaoer

Amador

Del Norte... Sler™ and

Del Norte.. Shasta

Sierra

Butte

Del Norte...

Lalce

Amador

Placer

Plumae

Trinity

ElDorado.. Butte

Apr. 19, IBIS Apt. 19,1833

aC wliii

is: SIS

Morgan Qegrti Mine and . SLawmut Quarts Mine audmiU.

Mine and miUslte. Bnkar A Austin placer Mine

Apr. S9, 1873

sl tiss

ss vs

Ma, b:i873 May IS. 1873

George Wood Placer Mine

L.P,&.J,R8milh

May 13! 1873

uniwd'sLVQMrtsM''i™":;::

tb m

Tha BalhgeC Quartz Mln-

May 19,1873

Pilot Company So. 1 Placer Mine.

May ae, 1873 May ai,lS7S

May SI, 1973 June S,l8n

Alto California Copper Mine

Churcli fruion Quarti Mine!.".".".'

George CPerfcina

Green Monnlnin Quartz Mine and -Bile.

June 9;iB73

I WB. Stoddard

Lihettj Hill Placer Mine .

Charles H. WTtnau

Golden ban Mining Com-

J.p"kircb,ld

?Z Sis

do

Chicken Point Piaoer Mtoe

Del Norte... Tuolumne..

'

The General Land Office.

wi for ufflfie-wmt on public-laml snrveys 14, OH 30

itit deposited the jeBT ., ,„, 19, 7fi2 05

J. E. HARDENBERGH, TTfiiUd States Surveyor General far Catifomia.

Mar. 31 Jmie 30

To amount depoalt of A. "W. McPheisoD, withdrBnii, (see ComiDissloner's letMi Aug. H, 18131

To amomit deposit by Benja-

CommiKslonet'e letter Ang.

To auionnt dra-na by miDingclerbBanddranghtemen, first

To amoDUt (bwn by ainingclerkBaiiddia£htBmeD,Bec- ODd quarter

To amount drawn by tniuingclerbs sod draughtainen,

ToamODiit bymlningelerks and draugbtamen, fourth quarter,,..' .-

Bttlanee an hand

Q. — Ettimate for the guireyin/f service im this district of for (Ae fitcat year ending Jam 30, 1875.

For surveying extonaiona of mendiaQS, standard parallels, township exteriors, and subdivision lines $100,000 00

For rent of office, stationery, fuel, wages of messenger, draughting instruments, and other incidentals 8, 000 00

For compensation of Burveyor-general 3,000 00

For compensation of clerks and draughtsmen in the office of the surveyorgeneral 26,000 00

Total 137,000 00

J. E. Haedenbergh,

United States Sarveyor-Generat for California.

O. — Report of the surveyor-general of Oregon.

UsTTBD States Sukvbyor-General's Office,

Eugene City, Oreg., July 15, 1S73.

Sir : I herewith transmit the following tabular statements in duplicate, showing the

bueineBB of this office for the fiscal year ending June 30, 1873. together with a diagram

map of this serving district, also three diagram maps of the mining districts iu

which mineral claims nave been surveyed, not within the pablic surveys.

A. — Shows surveying conttactii acted upon during the fiscal year ending Jnne 30,

B.— Shows statement of original plats of public surveys and copies transmitted since June 30, 1872. C. — Townships surveyed since Jnne 30, 1972, with area of public lands. D.— Salaries paid surveyor-general and clerks for the fiscal year ending Jnne 30,

.Cookie

224 Repoet Of The Commissioker Of

F. — Estimale for snrvjiiig aod oSce e:<peties for tliefiicol year ending Jnne 30, 1875.

G.— Whole Dumber of Diioiiig-claiius surveyed and approved id Oregon np to Juue 30,1373.

H. — Statement of incidental expenaea for the llscal year endiof Jnne 30, 1873.

Upon B coDipnrative exam inat ion of the diagram map for the fiscal ;ear ending 30, 1ST3, irish the map for the year ending June '30, lt% it will be seen that the work in the tield bus been carefully distributed over the Slate bo as to meet the wants of aettlera upon uuaurveyed lands to the extent of the means placed at my disposal j very much, however, remains to be done.

The estimate for surveying anil o£Bce cspense tor the fiscal year ending Jane 30, 175, marked F, herewith transmitted, is baaed a careful examination of the wants of the settlers already upon nnsnrveyed lands and the demands of the companies holding lands under the grants made by Cougresa for rail and wagon road purposes. These companies are very L-lamoroua for the extension of tbe public snrVeya within the limits of tbeirreepectiye grants. These companies claim that, in consideration of Uie vested rights passed bylheact of Congress, tbey have expended a large amount of money and accomplished the objects for which the grants were made, and that justice now requires The survey of these lands so as to make them available. Delay in the extension of these surveys works a double injury, first, in withholding the posscseiou of acquired rig;hts, while the interest on money expended is fast accumulating and will soon exceed in amount tbe returns to be realized from the sale of the lauds ; second, in retarding settlements. Settlers are unwilling to go upon lauds within the supposed limits of these grants on account of the unsettled Question of rights. A greattDujority of the pioneers of the country are men of very limited means, who desire to avail themselves of the beuetit of the homestead law. 1'his cannot be done until the lands are suFveyod. It is true that many persons desirous of taking homeeteads go upon unsnrvcyed laniis expectiugto receive the benefit of the homestead law whenever tbe surveys are extended. Thia they can do with safety where the laud does not fall within tbe limit of nuy of these grants, but when the land does fall within the grant, the chances are even that their home will full ujiou an odd-numbcFcd section, making it necessary for them to abauden their home and all their improvements to the company holding the grant-, or pay such a price as the company may fix, thus working a great hardship to the settlers.

Settlements have been made for years in some isolated places in advance of the surveys. This is especially true of that portion of Oregon west of the Cascade Mountains. Along tbo margin of most of the streams, &r up in the mountains, are found valuable lands, valuable for timber aud agriculture; while the adjoining hill-sides and mountains are densely covered with tbe finest of timber. These lauds, though rugged and formerly thought to be wholly unfit for settlement, are now being settled, and will in time prove to be very valuable. I deem it advisable, in view of these facts, to muke as few fractional townships as praeticable in the survey of these timbered lauds. To carry out this policy, (which 1 deem important,) it becomes necessary to stuvey considerable territory to accommodate at present comparatively few settlers.

In the matter of the items for clerk-hire the estimates are placed at the lowest amount possible to provide for keeping up the work in the office. Without instituting a comparative showing between this and other offices of the amount of work necessary to be done, I have to say that in order that the work of the ufBce may keep up wiui the field-work and that the work may receive that care and finish necessary in the preparation of such important records, this estimate I deem not unreasonable. In thisoonuection I would respectfully ask that an appropriation of the following amounts . be made to meet deficiencies in the appropriation for clerk-hire in this ofBce :

To M. Wilkius, transcribinK clerk, at the rate of $1,300 per annum $500 00

To A. 8. McChire, transcribing clerk, at the rate of $1,200 per annum 100 00

To W. R. L. Walker, transcribing clerk, at the rate of |l,aX) per annum 150 00

To W.J. Shipley, transcribing clerk, at the rate of $1,200 per annum 200 00

In each of the above-named items the services have been rendered, aud the amonitts are justly due. The services for the amount of $500 due M. Wilkins and the $100 due A. S. McClure were performed during the fiscal year ending June 30, 1673, and the services for the amounts $150 due W. K. L. Walker aud $200 due W. J. Shipley were performed during the fiscal year ending June 30, 1S73. Vouchers can be made out showing tbe dates and services rendered at the proper time in each case.

I would further recommend that some provision be made for the better preservation of the records of this office. The original field-notes on file in this ofllce should be either carefully copied into substantial record-books, or else securely bound in snbstanttal binding. This is especially true of the ficld-notee of the survey of donation claims. These arc written upon loose leaves, often without uniformity in size, generally with poor ink. These records are the most important to the people of Oregon. It is very oftea necessary to refer to them in contested cases, and for the use of claimants who wish to have their hues retraced aud more fully marked. As tbe lands become more valuable the necessity for retracing lines will increase and the call for copis of original field-notes will be more frequent, and the necessity for a ready reference

The General Land Office. 225

and oorrect preservation will bo more apparent. I would therefore recommend an appropriation of (1,200 for this purpose. In my judgment the Ivetter plan would to copy the notes into Bubatantial record-liooke, and thun Sie away tbe originale, after oarefolly comparing tbem with the transcript, iu a manner best calculated topreBcrve tbem. The mining interests of the Stat are comparatively undeveloped. While it is true that the excitement con upon the discovery of new minee has become almost a thing of the past, and the proapectors' reports of fabulous deposits uo longer disturb the quietofonrpeople, yet the cold and silver mines are yielding liberal rotums to the indastrious miner. Tabular statement marked G shows tiie progreas made up to tbe close of the fiscal year toward secariDg titles to mining-claims. Under tbe liberal construction now given to the laws relative to mineral lands, as set forth in your circular letter beariuD; date July 15, 1873, a new impetus will be to bnsinees in this department. No work has been done within the last fiscal year in the way of bnildiug railroads in this State. The Oregon and California Railroad and tbe Oregon Central Bailroad are both in good condition, and doing a fair husineee ; tbe former extending from PortJand to Roseburg, in Douglas County, and the latter from Portland to Saint Joe, in Yamhill County. Subatantiat locks for the passage of boats around the falls of the Wiilaniette have been completed during the last year, thus greatly facilitating the navigation of that riier. The nocesary steps have been taken and the work commenced' toward building a State-house and State university, the former at Salem, the capital of the State, tbe latter at Eugene City, in Lane County, both to be sobstanlial bnildings, quite creditable to the State.

During the early part of the last fiscal year there waa filed in this office, under different dat, by tbe State authorities, lists of lands amounting'to 262,141 acres, claimed by the State as swamp and overfiowed lands, under tbe act of Cangreas approved March 12, 1*60, entitled "An act to extend the provisions of 'An act to enable the State of Arkansas and other States to reclaim the swamp-lands within their limits ' to Minnesota and Oregon, and for other purposes." These lists, after first giving the State a hearing in behalf of the claim, I carefully oouipared with the original field-notes and approved township-plats on tile in (bis ofiice. The result and conclusions of my findings were sent to your OfGce under date of March 15, 1B73. In this examination I found, according to my best Judgment, the State entitled underthe law to 11,08.6J acres. The governor of the State, under date of April 2, 1873, sent to this ofBce notice of an appeal from the decision rendered in this office, " or so much thereof as is in conflict with the rights of the State of Oregon in the matter of the claim of said State of Oregon to all the swamp and overflowed lands within the limits of said State, to the honorable Commissioner of the General Laud-OEBce." Under date of April 11 there was transmitted to this ofBee by the governor of the State " a list of swamp and overflowed land selected in Jackson County, Oregob, embracing an area of 15,.79 acres, approved by the proper Stat authorities as inuring to the State of Oregon under the' provisions of Congress approved March IS, 1860."

Under date of May 10 this office was notified by the governor of tbe State that the board of school laud commiasiouera will at the earliest date procure and file in this office and satisfactory evidence that the lands claimed as swamp and overflowed under act of March 12, 1H60( as specified in list filed in this office April 5, 1S73, are of the cbaiacter therein set forth. No further action has been taken iu the matter.

I have but little to add to former reports relative to tbe resources of the State. The trade iu coal, lumber, and fish, is grttdoally increasing. Our salmon-fisheries are not excelled in any part of the United States. Canned and pickled salmon are now being shipped to every part of the civilized world.

Iron-ore is found here in many different localities. At Oswego, six milm above Portland, on the left bank of the Willamette, smelting-works have been erected at considerable expense, and sufficient progress made to establish the fact that the ore Is of a very superior quality, and will pay well to work. This interest, I think, gives

Cmiae of great value at no very distant day. Extensive limestone quarries nave n opened within the last year in Douglas County, within a few miles of the Oregon and California Railroad, which will save many thonsaud dollars to our State.

The wool product of this State is fast growing in importance. Tbe extensive grass plains of Eastern Oregon are rapidly being settled upon by sheep-raisers ; the quality and quantity of wool grown npou sheep of tbe same grade la not surpassed iu any part of the United States. Tbe present harvest gives promise of being the best ever gathered in tbe State. With an increased yield and a greater acreage, we will have a much larger surplus for shipment than ever before, which, at a fair price, will relieve the pressure of hard times heretofore so generly complained of. All these, with peace and tbe enjoyment of general good health, are sufficient causes for tbankfulueea and geu-

Bon. WiLUS DRmoioKD,

Cojwniwwnw General Land-Offiae,

1

B i 1 8

.

Js 5 a s

!!i8

S S 9

it i 1 i

1 if

j

t 1 i i

§ i i i

as i s

, Coogic

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tt S S B S S

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i S 8

i S ,2

Ml

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s

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g g 1

t 1 1 3 ! !

s s s

Ess

t

i " S

is :

if 3

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1

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Ml i ! If

J 1 t 1 1 II ! E S SI S S

1 e e

a a

D„i„.db,

230 Eepobt Of The Commi88Ionee Of

B. — Statement of original plaU itf public nrveg and oapie troMMitted nnoe June 30, 1872.

Eiterloni T. 40 Ki. 11 u

H Ts. 30llDd31,S.,R.7W.; T.

Nonbcrn boundary Warm Springs IndiMi

>:.tfriorT.'e.7,nd9a,R,llE.; T.88..

H.10E.1 SubdiYialoDS 'i'e. C 7, and 3.. R. 11 E. ; Ta. A 1 o.>,dHls.,R.ia&

)S., RI3E.!T,(IS.,R.10E parallel DOrtb, beCweeo Tn. Ba. 4. i, e, 7, and of 8

Eileriors T. 4 K., Ra. 3 and 4 W. i T. 3 S., R.4 W.

Sulxliviaiona 4 N.. Its. 3 sod 4 W. i X. 3 H.,

K.4 W. EiWrioTB T. M S.. E. la W.{ T. 97S., R laV

r8T..33aud34S.,R7E :

T.33a,R7E

J5aiid30S., R7E

Subdivisiona Tn 34, :& and 38 R. 1 E. . . . NorUierb boaodory Coaab Indiaii reaorra-

aUodard parallel aonth, between Ta.

5aBclliS.,tbT0DEb Rs.S,9,10.and 11 W. Eitertora I'a. 3, 4, and 7 3., R 11 W. ; X.

5 S., R 10 W, SubdiviniaiMT8.3,fi,aDdTS..I{.Il W.( T.

Subdlvisloni

T

T

Subdivialona Ts. 7. B, and 9 S., R. 18

10 S., Ra. IR ana 30 E. ; T. 11 S.. R

EitenniH aod sabdivialona T. 37 K

S.,R7K! Ta.33.34,aiid35S..B.dE. MbdlTiaioiiaT.3SS.,BB.7t ondflB

Walker & PerklnB. io

T.B. Haodley

Flint at. VilUama . Oeorfie Heruer —

John W. Meldnun . do

Georoe WllUami.

Jamea H. Evaiis

R J. Stevenaon..

do

Fnllertmi & Banso

Joly 13,lBn

do

do

do

JoJy 34,1BJ1 do

Sept 7,1871

do

do

do

Maril4,lB71

do

do

May 33,1871

MiyiiViV 'sipt viierV Jm loii™ do

do

do

Joly30.187a Jiiy it; 1872'

a

"3

a

&4

do

Joly 10,1813 July 30, IBK

do

Ai* 7JB7J

jiiii aoiVm do

S

S

The Geiteral Land Oppioe. 231

of original plat ofpuilui mrvey, 4*. — Continaed.

No.

Dnteofcontnot.

FUlamade.

"3

BobdivisioDB Ts. la 19, and 20 S., K. 8 W. . . . Eiteriora and. subJiviaions Ta. 1, a, and 3 &.B.12E., T.4S.,B,11E.

18,l9,3D,Sl,aiS23,and24E7 EltflrioM and solidiviBionfl Tb. andTS.,

Ertariors' and aubdlvielona T. 5 S., Ra. HO,

ai, andME. Eiteriors T, 40 S., Eb, 4, 15, and 18 E., and

R i Tb. 3ft, 40, and 41 8., B. S K : Ta. 38, 39, 40,and41S.,R.9E. Interior Bubdiviaions of T. 8„ K. 10, 11,

m in

18

July 20, 18ft juij IIBTS' Jnly 17,1872

do

Jnlja7,lflT2 do

Jnne 15, 1872 Ang.lO,lff!S

MaBon tL Campbell . George K Thurston do

George Meroor

T.B.Baiidley

a

C. — Touinhip$ iwvfed since June 30, 1872, unfit a

By wbom aorreyed, .

Bange.

is,aoe.ai

23,032.89 S476.rj 02, 171. 35 19, £60.

aii lis

imoo

ISi

n, ae.'i. 38

ss, 947:8a

Seaat

SOaoath

Do.

FnUen&Haium.

Qeoree Meroor.

Tamer & Howarf. W. H. Byars.

T.B.H,dW.

9eonth

Do

Do.

dS:

Do.

a

Swath

Do.

- Cooglc

REPOHT OF THE COMMISSIONER OF — Tomuhlpt tarreyed tinoe June 30, 1872, leith area ofpaUie lands— Contmaed.

Bf whom inrveyed.

s.

3:lBfl.oa

B. 960.00 S3. 035. 63

as. 098 81

B3.0I1.4S

lis

liai

to. 058. 55

Jal.oW.M.d™„u

SOOMt

Gorge H. Tharabm.

Georne WUltanut

"'%000 4.820!00 l.SKO.OO

!ii

iaoeo.18

Jaeper WUiins,

W. H. Bjm.

Joliu n. McCInng.

T. B. HBDdtey.

Amount of eurveye of public lands in the State of OreiOD i Miainir,clAlma eti unaurteyed Unda

Tatsl aerea enrrejed In Ocegon op lo Jose 30, l%73.

The General Lakd Office.

D. — iSoZartft paid surveycrr-general and clerks for the fiscal year ending June 3(

Nativity.

lemofomoe.

Amount paid.

W.H. Odoll

July 1, leji, to June 30, 18T3

Jnlyl,lsr!g,toMar31,ie7S

July 1,187a. to June 30, ISW

JiilyI,t§73,toHarEli3l.lB73

June 1, 1873, to Jano 30. 1813

July 1, IBM, to FebroiTi' 1813 . .

June t,lS73, to June IS 1S73

July 1. ItTT-i, to Feliruttiy 15, 1873, . ,

*?ii

ifiinoii"!;;

, of depositor.

Amount deposited.

'r

'rs-

Total.

Rt

Ss

s:

Dtoofooiitrct.

Wameofdapnly.

Cost of field-work.

Cost of

AngnstlD.iera

March IS, 1S73

tsoo

F. — Estimate for turvesing and office eapenee for the fittal year ending June 3i

Office Kxpen8B,

Salary or BUTTeoT-eeneial

Salar; of chief clerk

Salary of three traoscribing clerks, at $1;SOO each.. Incidental expenses, messenger, office reut, &c

Sarveying 40 mUes of standard parallel, at $1S per mile . .

Surveying SHO miles of exteriors, at QIG per mile

Snrveying 3,000 mileaof Babdivi8ionB,at (14 per mile

Snrveying 60 miles of standard parallel, at (15 per mile .-

Surveying 1,500 milesof exteriors, at (14 per mile 31,000

SnrreyiQg 3,000 miles of snbdivisiODS, at |I2per mile 36,000

if

it

SE6E6EEE666EEB5ISeb66EESbcBc

— u £ £ " ? S S — S Si s i: — - — - M £:£: - n S a

The General Land Office. 235

H. — Stalemmt nf inctdenlal for theJUcal year ending June 30, 1873.

I3H17

Deoembecai.lSTS

Si 07

J4 00

4sno

Sb 00

Second qoartBr, 1873:

ISO 00 nas

To 00 Sim

June 30, 1873

SSaiS.Tt"™s:dVi.i.

JimB30.l8:3

Jnnesoiisn Juae30,ISn

P. — Report of -the surveyor-general of Washington Territory.

Sopveyob.Gbmeral'8 Office, OlyjHja, (TojA., Auguil 15, 1873.

Sm : EeferriDg again to yoai letter of inBtractioDS of March 11, 1BT3, 1 have the hoDor herewith to tranBDiit, in duplicate, a report of the Bnrveyiag operatiooB in this district for the year eodiog June 30, 1673.

Accompanying and forming a part of this report are the following tabular statement ts, lii :

A.— Showing the amount, character, and condition of pnlilio sorveyB in Washington Territory, contracted for under appropriations for public sarveje in tliia district for the fiscal year ending June 30, Itn'S.

B. — Showing the numlier of plats made, and the number of copies transmitted to the General Land-OfBce and the district Jand-ofBcB, einoe the date of the last annual

C.- Eihibita 1, 2, and 3, sho-wing the number of linear miles run, the rate per mile, and the total cost of surveys in the district of Washington Territory for the past fiscal

D. — Showing the number and designation of the townships and the number of acres

amount paid on contractB for the fiscal year ending June 30, 173.

F.— Showing the account of appropriations for salary of snrveyor-general of Washington Territory for the fiscal year ending June 30, 1873.

G. — Showing the account of the appropriation for salaries of clerks and dranghtsmen in tlie office of the surveyor-goueral of Washington Territwy for the fiscal year ending Jane 30, 1673.

Ccl,;.db,G00glC

236 Bepobt Of The Commibbioneb Of

L — Shoning estimated amount required for the proaecutioa of the BnrTe.ving service in tbe (listrict nf Wasbington Turritory fui the fiscal year ending June 30, 1875.

CoDceruiu; thin report, I em able to sa; but little lu regard to what vras done by my preducexBor, as it embraces a period prior to my administration of the afiairs of this office.

Tbe approval of work performed by deputies, who, ia many inBtancea, were strangers to me, so far at least as their capacity as surveyors is concerned, has been one of the many unpleasant duties for which our present law knows no remedy. '

A delay on my part would in many instances work aharilship on the settlers, many of whom were in the habit of visiting their local land-offices weekly for the purpose of secnriiig a title to their homes.

In fonninft an opinion concemiuKthe qaaliflcations of deputy sorveyon of this Tralitory, I aui indebted te Thomas M. Reed, esq., the efHcient chief clerk of this ofiice, vho is himself a competent practical surveyor, and whose long connection with the office has brought him in contact with nearly every deputy surveyor in the Territory.

Since the approval of some of the returns of the deputies embodied in this report, I

have been iuturmed tliat in some instances the work has been imperfectly performed, i

bat in each of these doubtful cases special examinations will be made to the extent of the amount awarded by you to this district for that parpose.

Asi understand tbe law, neither the deputy surveyor nor bis sureties to the contract re released from liability when the requirenienta of tbe law have been diaregftrded in .

the execution of his work, even though bis returns may have been previously approved !

by the surveyor-general.

The demand for public sorveya in this Territory ia constantly increasing, and aettlera are applying, by the most urgent petitions, for iba survey of their particular locality, that Ihey may be enabled tnerehy to secure a title to their homes under either tbe hotneatead or pre-etDPtion laws. Many of these petitions allege that tboir township has been settled for Irom ten to fifteen years, and yet they have been unable to scare a survey of their lands. This difficulty is frequently unavoidable on the part of tbe surveyor-general, while in some Inatancea the natural deaire of the deputy surveyor to I

secure, if possible, a favorable contract, regardless of the wants of the settler, bas often overruledthe Judgment of the surveyor-general in designating the proper locality to be surveyed. .

A more thorough knowledge of this Territory has developed tbe (act that townships heretofore but partially surveyed, and large portions of which were returned by the depDt; as " monntalnous and unfit for cultivation orsettlement' are now known to contaia some of the most desirable lands west of tbe Cascade Range. These lands are '

generally found to be plateaux or tables, situated a few hundred leet above the lower valley of some stream which was flrat sought by the settlers, and will be more fully onderetood by an examination of the map between the third and fifth standard parallels north, along the valley of tbe Chebalis River. Tbe settlers are now petitioning i for tbe survey of these fractional townships, some of which Ue occupied and being j improved.

That portion of the Territory now only known as tbe " Coast or Olympic Range of Mountains," and extending north from the fifth standard parallel to tbe Straits of Juan de FncB, embracing an area of over 3,500,000 acres, is as yet almost entirely unexplored. A lure open or prairie country is, however, known to be situated north of the , Quiuaiulte River, to which tbe attention of settlers has been directed for some time ' past, and which ia now unsettled only because unsnrvcyod.

Reasoning from the fact that the amount of drainage from this extent of country j

on tbs eastern and western slopes is quite limited, tbe streams being small, while tbe I

snow &om the highest peaks almost entirely disappears during the summer months, leads all whose attention has been called in this direction, to tbe conclusion that ft j

large valley, sufficient to absorb the moisture from the melting snow, must be located somewhere within the limits of this vast area of country.

For the purpose of extending the public survey over the most available portions of this region, and to relieve the present settlers along the south side of tbe Straits of Jnan de Fuca, I desire to extend the coast guide-median north from its present ter- I

mination to the straits, and also to extend the standard parallels therefrom suSciently '

to perform the necessary work. I have already included the above-mentioned linea in my estimates contained in scbednle 1, to which allusion has already been made.

NOBTHEBN PACIFIC RAIUtOAB. j

The early completion of that portion of the Northern Facifio Railroad from the Columbia River to Commencement Bay on Puget Sound, which will aoon establiBh an easy and reliable line of commuDication, is already attracting the attention of settlers

The General Lahd Office. 237

to all Tooant laod north of the Columbia River, and along the lipe of road west of the' Cascade Mountains. Tbat justice may he done both to the settler and company, I wonld again respectfully call your attention to the estimates made by me for the coming year as being barely adequate to deira; the necessary expenses incident to the BurveyiDg service in this Territory.

The rapidity with which this portion of the Territory is being settled, and the desire to secure the most available agricultural lands, has led the enterprising emigrants far beyond thepresent limitsof the public surveys, and they are now petitioning by every mail to have the surveys so estonded as to embrace all the available lauds in the Palonse and Spokane countries. A large portion of the lands already surveyed, east of the Cascade Rauge of Mountains, along tbe Yokama, and north and west of the Columbia River, is not considered as desirable for agricultural pursuits as tbe lands further north, timber being at a touch greater distance, and only procured at great labor and cost to the farmer. In this connection I beg leave to suggest tbat if CoDgress could so amend tbe homestead law as to allow the claimant who locates on prairie lands to select one of the smallest legal subdivisions of timbered lands, although segregated ftom his homestead proper, an act would meet the united approval of all settlers throughout the entire northwest, and wonid, at the satoe time, remove all cause for trespassing on Government timbered lands. The timber in this portion of the Territory is generally found along the mountainous or broken lands unfit for agricultural purposes, while the lower or valley lands are susceptible of the highest state of cultivation, and produce in the greatest perfection and abundance all the fruit, cereals, aud grasses known. to tbe agriculturists of tbe northwest. As a stock-growing country this portion of tbe Territory cannot be excelled by any other on the continent. With a mild and healthy climate, and tbe purest water flowing from the snow-capped muuu tains during the summer months, and the prospect of early facilities for reaching a good market, which will soon be supplied by the completion of the Northern Pacific Railroad from the east to some point on the navigable waters of the Columbia River, this country is destined soon to become one of the most desirable locations for tbe immigrant seeking a permanent home.

The survey of a portion of the Indian reservations in this Terrilflry, so recently directed by the Department of the Interior, is generally considered as a step in the proper direction toward eatahlishing good taith between the Indian and the Government. The anxiety of each individual to be allowed to occupy a small tract of laud in his own right is the best evidence of approaching civilization, and if carried out in good faith by tbe Government, will ultimately remove all cause for diBBeusions between tiiem aud the white settlers, which so often lead to open boetilitiee.

Coal Lands.

Bituminous coal Is found In apparently inexhaustible quantities and of excellent quality throughout the entire Fnget Bound basin. Ttro mines have been successfully worked, one at Lake Waehiugton, near Seattle, and tbe other at Bellingham Bay.

Gold, silver, copper, galena, and iron arefonudin this Territory, both east and west of the Cascade Mountains, but prospecting for rich mines of the more precious metals has been so limited tbat tbe attention of the public has not as yet been directed to any particular locality. I have been requested by parties east of the Cascade Mountains, and also by the local land-ofBcers at Walla- Walla, to appoint a surveyor of miningclaims, which 1 have done for the land-district of Walla- Walla.

I herewith also submit the usual annual map, showing the progress of surveys in this Territory.

I have the honor to be, very lespeotfully, your obedient servant,

W. McMICKEK,

Commiaaoner General 'Offlee, Waikington, D. C.

3 s ss s

& 4

8SSSSSS is

t i iliiSii ii

jiiiil i!

niniini

s s sassass sa

D.,i„.db,

Beport Op The Comuissioneb Of

aSnoTlh.. north . . SSnonh..

The General Land Office.

—Statement aftowing original plate made, 4-e. — Cocbiniied.

Eanue.

Oj

P

g

Uuobahb.

?

?

May 1, 18TJ

Sand

Iw

Im

Si

EXHIBIT TJo. 1,

Dworiptimofwotk.

Distance.

Rate.

Cost.

Jfi. cAf. Ijbt.

lis to eis

6S.ai3 OB

EXHIBTT So. %.

Sonroes fWo. whence paj.ble.

Milei

Co8t.

&#x27;I

M

3J

KsBia OB

EXHIBIT No. 3.

Total cost of BDireyB |65,213 96

Dednct aiuouDt disallowed on contracts, lfSI2->lZ (1,441 45

Special deposit accoant 680 51

Militaiy reservation appropriation 156 00

Bepokt Of The Commissioneb Of

No.

Ueildiu.

Eenwrk*.

7 north

sam.BO sira.30

a!i;i3:4o

an

33,930.93 W9S1.M Sa,fl96.3t £3, 638. 38 9,759.33 SS,918.99

io,0ST.ea

Sl,95fl.l& 83.331.51 23,033.90

8S:!1

aeoo.™

asji

S3, 080.38

s3.ioe.sg a3,s8S.a

S3,59<.36 S3. CM. 65 33, 586. a S3,5J0.6

Is!

1!

ea,4ii.sfl

Complete.

W north.

Ccleu..

3 east

Coot..

a weM

Coyote.

8 weM

do

a™'

do

ToUl nmaber

Office, OlyBla,Wath., Saitut 15, 18

'. HfuTTffjfor-Mmeral, WMhinglon TbttUotj/,

The Qemebal Land Office.

7ittra< far $m7Ki/i 9tad/or m

si

AmouDt on

Bciurki.

1,500 00 fl,480 00 3,648 00 7,813 00 5, ON 00 1790 00 TOW 00 BHOO

lis

a. 034

S.H8 00

ti.esoss .3asi8

a. SOS 03

i,60B8a

aiaeo 11

Wsbo 1,043 34

U anlBhed.

Comp's't'

Completed.

Ks

In Ilcn of tbrao lownalilp* re-up

to oloH oT npoH.

ea,34B9

AmouDt paid i

BoUnce applicable to Bnrreys under im:

W. McMICKEN, BttrvegmGeniral, WMhinglon Territorf.

30

To iHwannt or L. P. for flrat quArtar'B aalorr. lo ueoonC of L, F. Beuh, for econd qoirtet't wUry.

lo acomDt of L. F. Beacli, for third quarter's lBry.

Id wxwDDt of L. F. Beub. '— iMjrj froiD April 1 lo

April tB,

yof auryoor-gener&li Wuhlngton Tarrltorv for tbe aaealjfmr ending Jnii a

.,Sagtutvi, li

Otipnpia, 1813.

Bepobt Of The Comhissioneb Of

ElT MDonnt of apprnKJaUan liyBcto'CoDgrusfor peuutlon for clBricBl iiervfaw in the office of Hnr- Teor-ceDenl of Wnahing-

H. — Slalemait Atneiiig aamni o/ offlte-rent, laKonery,fMl,pag nf ntateuger, and iii' cidenlal expenm of Ike luncsar-generaPa off ce for Wathtngion Territory for the fiscal year ending June 3U, 1873.

IBTl

Sept SO

July 1

Ifw. 31

To monnt paid dnilnfl 3d qnnrUr, per Toncbcra

5Wt80

Jane W

To amount paid durluR

and ucimntH rendered.

U4 79

B. 000 00

L — Slalement thoming estimated ameuttl required for ike lurrtsing eerviee in Ike dietriet of frtwAlntoH rciritorj/orlfeool ywr ndiRir June 30, 1S7&.

TOR riEUVWORK.

For aorvejin;; extouBion of standard and uetidiab lines, 340 miles (6,120 00

Sarreying exterior township lines, 1,060 miles iri,6O0 DO

Soirejing section and meander lines, 6,300 miles 81,000 00

The Geneeal Lakd Office. 245

-Poh Oppicb-Tohk,

Salary of anrvoyor-general $3,000 00

Salary of chief clerk 2,000 00

Salary of draaghtamaD 1,600 00

Salarieaof three office clerlu 3,600 00

Bent of office, stationery, fuel, lights, nage of messenger, and

other incidentiU expenfles 9,000 00

Total estimate 117,720 00

W. McMICKEN,

Syreegor-Genttral WaahingUm Terniory. Subveyor-General's Office t

WiahingUm Territory, Olgmpia, August la, 1873.

Q. — Report of the surveyor-general of Wyoming Trttory.

SDRVEYOR.GENERAt'a OFFICE,

Cheyenne, Tyo., September 25, 1S73.

Sir: Iu compliance with your instractione of March 11,1873,1 have the honor to submit herewith, in dn plicate, the annual report of the surveying operations of this district for the fiscal year cudine JuDe 30, 1S73.

The surveys have been paehed forward as rapidly ae possible, to the foil extent of the means provided by Congress, and in such localities as presented the most inmiediate necessity for anrvey.

The great extent of the railroad land-grant through the Territory renders npceBsaty a more extended Bystcm of surveys, for a year or two at least, than has been possible under the limited appropriations heretofore made, and I have therefoi'e thought it my duty to or a larger appropriation, until time as the most pressing demand for surveys have been met.

My temporary absence from the office during the first part of the present season, and Hie little time afforded me in connection with other duties, since I again took chaige, to prepare my report, will, 1 trust, excuse me from making it more comprehensive and thorough.

CLIMATE AT CBErENE, WYOMING.

I continue herewith the monthly meteorological record, compiled from thereotods

of the United States signal-station at this point. It shows the mean temperature to have been nearly the same as for the preceding twelve months, with some less rainfall, which results from the less amount of snow last winter, than during the preceding winter, which, as stated in my last report, was remarkable for its unusual amount of

The past winter was a, ery pleasant one, and, as compared with the rigorous saaaon that visited the States east of us, eitrcmely mild.

The trains of the Union Pacific ran regularly, all winter, with scarcely a delay.

As oUbrding an index of the climate of the Territory, the observations at this point are not a fair indication ; the exposed and bleak situation, and high altitude of Cheyenne, giving it necessarily more severe weather than is found in the sheltered, low valleys iu the central and northern portions of the Territory. Nevertheless, the climate, even here, is much more agreeable than in places of the same latitude east of here, anywhere from the Missouri to the Atlantic Ocean.

COHBOaaiONER OP

Modtb.

PrerfctUng winds-fton. wht

Si

aass

a5=.o

fl9".a

S,S4B

;

a!

Bll

Sjf7iop*i$ for chen TRontJw.

Wtator.

r

Ij

S

In the wintercolamDAboTe are given all tbedajB in which the temperature went IkIow zero. This occurred ooly on aeveu days during the entire winter, which Beeme almost eitraordioary, the fact is so contrary to the accepted eastern idea of winter on the plains.

The Bummer oolantn shows all the days on which the temperature went to 85° or over, and I will add that it has been the wannest snnimer for some pears, so far as the xerardq show.

The Gen£Ral Land Office. 247

TheMeeeme tobobnt little doabt tbat a teTolntion In tbe climate is beat; fadually developed, and tliat in the oonrso of years, aud an settlement, and tillage, and irrigation bring tbelr several tadonciea to work un the elements, the climate will become radically changed. This baa been already obaerveil in Utah, where for the paat ten years a eradaal and legnlar increase of eoine 3 inches animally bae taken place in the rain- Mi ; and witb tbe same cansee to produce the result, it is not nolikely that that belt of the "Great American Desert" which stretches thro nch Wyoming ou the line of tbe Uniou Pacifio may much of it be redeemed from barrotinesa, under the action of the increasing molstare. There are millions of acres now lying waat,the soil of which is excellent, if it could only get water.

For the meteorological data from which to compile tbe foregoing tables I am under obligations to Mr, Asa C. Dobbins, the efficient officer in charge of the War Department signal-BtBtion at Cheyenne.

Sbeep-Raibino.

This indnstry is increuing within this Tenitoryin a moat gratifying ratio. Its success and profitableness are already well establianed. Last winter woa far more mild and even in temperatnie in Wyoming than in the Stat-es of tbe Valley of the Mississippi north of the latitude of Saint Louis. Far lesenow also fell here than there. It is necessary to provide low sheds for the protection of tbe sleep against anow-storms, and to secure them within corrals at night ; when snow-storms occur,, it is necessary to retain them under their sheds within tbe corral for twenty-fuur hour?, perbapa, anil rarely longer, during which time they will require to be fed some hay only.

Wo are informed by Measrs. Thomas and Hay, whose ranch is on Lone Tree Creek, nine miles sonthwest of Cheyenne, that they were obliged to feed hay to their flock of 1,500 but three days last winter, or durius three snow-storm. One occurred the firat week in Febrnary, one the VMh of April, and tlie third on the ttb or 9t1i of May, which gave the deepest snow, and was the moat harmful to sheep, because Che seusoii for lanilis bad commenced, aud the sheep are lower iu fleah at this time of the year nhen the new grass begins to appear.

Tbe bucks should be let to the ewea about the 15th to the 20th of December, and tbe lambs will appear about the same dates in May. The increase of a well-selccterl fiock of sheep is very rapid. The lambs are healthy, and but few die. Mr. Clark, on Laramie Biver, raised l,riOO lambs this season fVom a flock of 3,000 sheep. The valleys along tbe eastern base of the mountains are the most suitable for sheep in wiuter.

We know of no bnaineas more inviting to iuduNtrioos and persevering young men than this, in regard to certain profits aud eventual wealth.

Stock-ranches, with large herds, are now to be found along every stream and valley reaching down from the eastern bane of the mountains, from the Colorado line north to the North Platte at Fort Laramie, beginning st Lone Tree Creek, south, and iodnding, on the way northward, Crow, Lodge Pole, Boar, and Horse Creeks, and the Chugwater and Laramie Rivers, and Syby/le Creek.

The herds of Mr. J. W. lUff, of this city, uow number 15,000 head, 3,000 of which are calves. His beef-cattle, to the number of this increase, or even more, will be shipped eastward for the Chicago market, and for being corn-fed in Illinois and other places this winter. Mr. niff'a practice haa been to keep the number of his herds np to about 13,000 ; and when hia fall azalea decreaae his number much below that ligure, he replenishes by tbe purchase of more Texas cattle which are annually brought Aere for sale, in large droves. This Texas stock ie here crossed with tbe Durham and Devon , aud tbe calves, when six months old, are not excelled by any similar stock in any of the States for size and fin; appearance. Tbe owners generally live here in the city, while tbe herders occupy the ranches aud watch over the stock.

The native grass along tbe streama is mowii for winter nae, tbongh acarcely toncheil for feed during an open winter like the laat. Even in more severe winter it is not fed to the herds, except after a anow-storm of more than asaal severity. No sheds or bama are uaed for cattle. But in severe weather tbe herds are kept in the most abeltered places along tbe 's and high ridges.

Tbe plains, which skirt the eastern base of the mountains for a hundred or more miles ill width east and west, afford the most desirable ranges for stock. Tliey am not only 1,300 to, 1,500 feet lees in altitude than the Laramie plains, bat aflbnl more grass over a given space, and the winter is less severe npon them.

This is a safe and most proQtable business, but requires the use of capital in proportion to the extent to which it is carried.

218 Bepobt Of The Coumissioneb Of

After a herd of from GOO to 1,000 or 2,000 has been obtained rad paid for. Mid tbe ranch qaHrters provided, there is vory little expense except for a tew trusty bedsmen. No \itTg traits of land to be purchased and fenced ; no large amoont of food to be provid for winter, noi extensive bams and gheda; nor beavy taxes oq large amounts of real estate. Bnt for the yonng man of amall nieaoa, tbe dairy ranch, or the raising of sheep, is the most profitable, and affords tbe speediest return to the owner. A flock of Hbeep, well aclected and cured far, will neatly double yeiuly by increase of umober.

These can he raised along the streams and valleys of Enstern and Northern Wyoming if sown early mid receive irrition.

We have seen good oats raised this season in tbe valley of Lone-Tree Creek, upon tbe ranch of Mr. Alfred M. Rogers, without irriKBtion ; also fine roiiBting-cani of greeocorn without irri|;ation. KoaBtiug-enrs have been raised in the gardens of Cheyenne, with very little irrigation, this season.

Wheat, barley, and oats will be raised in onr valleys when tbe smalt farmers ebal] be able to fence off li elds against tbe inroads of stock, aud it will pay them better than to pay transportation over the railmad from Nebraska. Our soils are the sameaa those of Colorado, and the pnblio already know that the floor from Colorado wheat is the

The valleys of tbe North Platte and Laramie Kivers, east of tbe mountains, will become as famous for fine wheat, barley, and oats, as tboee of tbe South Platte, in Oolo-

The wheat raised in Wind River Valley, in Northwestern Wyoming, ie already proven to bo equal in yield and qoolity to that of Utah or Colorado. That valley will eventoiilly produce ull tbe cereids and vegetables needed for the anpport of the fld-miuiiig populatioQ of Sweetwater, even when those mines t'Ske that rank in tbe mining vrorld which tbey are destined to do, at no distant day.

Oar inhabitants remain strangely inattentlTe to the raising of vegetables and small fruits. There is no good reason why our market shoidd not be fully supplied with these products, raised here at home. Instead of relying npon tbe farmers of Nebraska, or even of the valley of the Cache la Poudre, only fifty miles south of hero, and uuly GOO feet less altitnde thao Cheyenne.

It is now the 33d of September, and no frost sufficient to do moch barm has yet appeared. One light frost, a few days since, wilted the corn-blades and the 'of the IKitato-vanes ; but the seasoti has been reinarkobly favorable for tbe growth of vegetables, on accoDUt of frequent light sbuwers and the late apiiearaoce of frost.

We clip tbe following pt-rlitieiit remarks on this subject Irom tbe Cheyenne Daily Leader of tbe 29d of September, (yesterday ;)

"We have been presented with a basket-full of sweet-potatoes, grown in tbe garden of M. V. Boughton, nioyor of Cheyenne. These potatoes were uice, large, bealtby-looking esculents.

" We were informed by Mayor Bongbton that he baa raised in bia garden iu this city all manner of vegetables usnollr produced in this latitude, and that they were as fine as be ever saw produced elsewhere. He also was successful in the raising of straw-

On tbe 7tb of August, 1S70, a frost occurred here that killed the potato-vines and injured the specimen -patches of oats and barley then growing ; but that was an anomidouB season, and has not occurred since. Even in th:(t year tbe oats, wheat, and barley would not have suflered material harm if tbey had been sown upon deeply-plowed ground, end before tbe close of April.

Mayor Boughton informs me that ho bad new pot.stops upon his table on tbe 4th of July lost of nearly full-grown size, which goes to prove that early planting will insure a crop of potatoes, even if froet in August abuuld sometimes appear.

We ate at Mr. A. M. Bogers'a ranch, on the 91st of September, green-com, cucumbera, squash, beets, potatoes, &o., grown alongside of Duck Creek — a spring branch — without irrigation, and on an elevation of 6,000 feet aliove seo-level. '

With irrigation large crops of potatoes, cabbage, onions, and beta can be grown in these valleys every year.

There is no reason why small fruita should not be grown here, for tbe wild cborry, currant, and gooseberry are found in conaiderable abnudauoe in sheltered places along the creeks amJ aliont the caHons.

The hardy varieties of the gooseberry, currant, blackberry, and raspberry con be toivu here by laying down or mulching the stalks in winter. So witll tbe strawberry ; it would need mulching both in fall and winter, and it could bo made to yield bounti-

'v with a little extra

The Geneeal Land Office. 249

Mayor Bongbton tested this point this summer, baling lAJsed fine strsiwbeiTiefl india garden in Cheyenne, nitb oocRBioaal light initution.

Now tliat wu bave a fine lake of water a mile and a balf north of Cbejenne, that, with a BinaU cost, can be made to flow into the gardens of onr city, there is no leaeon wby every housekeeper should not have a garden with beds of atrawberiies and patches of raspberrieB that would furnish abundant fruit for the table every summer.

Those who might fear an inconstant supply of water from the lake coald at very small cost have erected in their gardous a small wind-mill that would pump abundance of water from the well to irrigate a large garden. This plaa is largely practised in the city of Stockton, Cal., and many other towns in that State.

Dr. Corey and Mr. M. A. Arnold bave lately set thp eiample here, and if followed np every person coald h.ive a garUon every season filled with vegetables and small fruits and flowers, bluseomiug not only like the rose, but with the rose itself, as we see in ijalt Lake .

I shall oever forget what acres of beautiful flowers, interspersed with wild clover and strawberry -vines, 1 saw amid the snow-peaks of the Medicine Bow Mountains, west of Laramie City, on the 14Ch of last August, nearly 11,000 feet above sea-level. The same could be imitated in tiie gardens in Cheyenne, at only 6,040 feet above the

The silver mines of Wyoming are increasing in number and improvingin the quality of ore.

Some discoveries have been made this season near Granite CaSon Station, hut fbe top of the lodes furnish only a low grade of ore, say not over $50 per too.

The metamorphio rocks on the eastern side of the Laramie Moantam are favorable for the presence of silver lodes, but the surface is so covered with di!bria as to discourage general prospecting. Ko doubt good lodes will be discovered along that belt of the mountain between Granite Canon and Buford, about seven miles in width, extendingnorth and south.

Farther north, along Sy by lie Creek, and round about Laramie Peak, the gneissoid rocks are largely developed, and constitute the chief formation. But their proximity to the small prowling squads of Indians that infest the borders of the Sioux reservation Dorth of the Flatto deters miners from attempting exploitation fur mineral veins in that section. Now that the Red Cloud agency is moved north of the Platte, seventyfive or more miles, it will be mcasnrably safe next season for miners. Numerous gold and silver mines will be found in that quarter when fairly explored. The formation is quite similar to the Seminoe MunotaiDB, eighty milrs farther west.

The gold and silver lodes of the Semiuoe Mouutains, including the Ernst and Ferris mining districts, have improved materially in richness, showing higher grades of ore since my last annual report. The Vulcan Mining Company sent in some ore for aasay a week since, which the assayer informs me will yield SiM of silver to the ton of ore, and about 70 per cent, of galena. The specimens were from tlie Maria and Matilda Jane lodes. If the moss of ore averaged that rich per cent, it would very nearly, if not quite, equal the famous Emma mine of Utah. But no doubt these were selected specimens, yet they indicate a most favorable improvement in the grade of those ores.

Good lodes of silver ore no doubt exist around the base of the Wind River Mountain, at the head of Sweetwater Bivor, and nest of the gold-hearing gneissoid slates at South Pass and Atlantic cities. We noticed indications of good silver lodes there twu years ago, when visiting that locality.

1 have omitted to stale that I discovered a small silver vein iu the red sicnite,Dear Buford, on the Urion Pacific Eailroad, last fall. It is no doobt a mere branch to a main lode, such us Mr. Woodman tbilowed 90 feet before reaching the main deposit of the great Emma mine. We examined that wonderful pbenomenou three years ago last June, after Mr. Woodman and bis partner had reached the mother lude % lullowine tbe balf-incb scam of ore.

In my last report I referred to tbo remarkable formation of the Medieiue-Bow Mountain, its whole central portion being a vast mass of quortzite.

Last montli, in company with Judge Kiugioan and Edward Ivinson, esq., I made a trip to tbe snow-crest of that mountain, from its eastern base due west to its crest, passing across all the formations of the eastern slope.

Travelers on the Union Pacific Railroad, when halting at Sherman, can plainly see the snow-crests of Medicine-Bow Mountain, eighty miles due westward, across tbe south end of the Laramie Plains. Those snows cover tbe central portion of this vast development of quartzites. The richest silver lodes are found in the quaitzites. It is so at Piocbc, at Parley's Park, aod various places in Utah.

I found the formatiou frequently intersected with north and south bells or dikes of ay gneiss, black gneiss, and red sieuite, but that whole eastern face of the mountain

. 11,. ,i.t. ,i„i...;= „p vertical vein fiBsnres have yet been foun<'

t in couneetion with the dikes of luutamorp'-

250 Bepobt Of The Couiussioneb Of

rook, and we fimiid two very peneTering mlnera st vork there, whose proHpects showed tbe preseucB of silver ore, but no aaauyB had been made then to test the grada or qDAlity.

iir. C D. Wolff, who has been prospectinc apim that moantain for a year or more. Mid who waa then nt w'ork on the weetein slope, in tbe quartzite, and whom we would hftve visited but for a severe rain and thunder which we euooiintered four mllee oDt from tbe other miners' camp, aaauree me since that he haa discovered an immense "contact vein" od the western slope near French Creek, which I ascended last fall from the west. The apecimens of ore showu to nje indiQate gold rather thao silver. It remains yet to he proTsn how far this immense formation ol quartzite will yield argentiferons lodes. While it appears too white and sacheroidol in texture to contain vertical fissure lodes of chloride ores of silver, the dikes of metamorphic rock may have brought up valuable deposits of ore.

The metamorphic rocks which flank the north end and southeast part of this mountain present veins reeembling gold-bearing quartz, and placer gold is fraud in Bock and Donglass Creeks which cat these fonnations.

The Silurian line-rock formation, which is over a mile in thickness on the Waaatch Honotain, where the Emma and other rich argentiferous i;alena mines are fuund, is not much developed in southern Wyoming;, and cannot therefore contaio much ore.

Dr. Hayden says there is half a mile in thickuess of this rick iiurth of I.aramie Peak, and it, is confidently hoped that rich veins of argentiferous galena will be found there wIibd caiefolly aonght for.

We have not been able to obtain the gold product of this Territory for the past year. It is known, however, that tbe best class of gold lodes iu the Sweetwater district are constantly improving in yield as they increase in depth, and that the product this year has been quite satisfactory.

The owners of tbe Einst gold mine, in the Semluoo Mountains, have erected a etaapmill this year for the crushing of KOld cuartz and tbu eliiiiinatiou of the gold, aud we learn from tbeminere there that the lode has much improved iu yield ainoe laat year.

The placer gold-diggings known as the " Last Chance mines," situated at the bead of Douglass Creek, in tbe sontbeasteru part of Uedicine-Bow Mountain, have been worked this snininer with favornMe results. The claimants have taken up three miles of the bed of tbe creek, under tbe late placer-claim law of the United States, and have orgnnied a company thereon with a capital stock of t50U,(W0. We look upon this as a scheme fur speculation, that will result in no good to the small stockholders, nor to e of operations. These mines, worked judicioualy.

a reasonable capital which a few practical men could have provided,

pKibably pa; a good profit on the investment. Bat fancy stock-Jobbing compaaiea are a curse to new roiDing-districts, and we fear will prove a failure iu this instco.

has been organized on Clark's Fork of Ibe Yellowstone, in Nortlfwestem Wyoming, the

present year. Tbe existence of rich gold-deposits in this neighborhood has been known for years, and many rich specimens have been obtained front there by lodiaDt) and hunters, but tbe danger from Indian hostilities has prevented any systematic prospecting from being done there heretofore. A camp of miners have gone in there Irom Montana this eeasoD, and organized tbe New World Mining district," and hope to be able to make some rich discoveries. A mineral deputy surveyor has been appointed by this olBce for tbe district, and the governor of the Tenitory has appointed a notary public there at tbe request of the miners. There is great confidence felt iu the enterprise, and it is not nnukely that another season will see a rich and prosperous catnp as tbe result of the present undertaking.

LTirrED STATES ABTESrAN WGIX.

This well is being sunk at Fort D. A. Knssell, three miles from Cbeyonne, at the expense of the Government. It is now down 750 feet deep, as we are lofornied. It was commenced lost year, but having caved in for want of tubing at proper depths, the sinking has been intennpted. It is now tubed the whole length, hut its caliber is so smalt at top that it will not be practicable to sink and tube it much below its present depth. We are iufunned that some small pieces of coal have been found near its CBCDt depth, in clay or shaly matter, that denotes neameea to coal strata. The well cone to this depth through loose ruck and clay beds, indicating that it has nut yet reached the bottom of tbe tertiary formation, where the ligujte coal-beds of Wyoming are usually found.

Lfnoji.Coogle

The General Lahb Office.

orado. Tbe upheaval of the mountain occurred principally eubBeqneiit to the coaldeposit, and rnptnred tlie great coal-basin which once extended from Cheyenne or vicinity to the Wasatch Mountain, in Utah. The conglomerate stiatnm, nbich is cenrally fonndjast above the coal-beds, is seen on the borders of Crow Creek, -well Dp towardathemonntnin, eighteen miles west of Cbeyeone; and we nmed General Sickles, superintendent of tbe Union Pacific Railroad, to bore there last tall for coal, in the belief tbat at about SOO feet in depth coal wonld be reached. The present depth of the well shows more dip of the strata in the tn'enty miles between Cheyenne and the mountain than we bad supposed to exist. If coal-beds exist, they will be pierced before entering the harder strata of the cretaceous formation, which may furnish a flow of good water. None bnt surface-water has yet been found. It is greatly to be hoped that the well will be extended down into the sandy strata of the ctetaceoug aeries, now not far below its present depth.

The citizens ofWyoming have been anxiously striving for the past three yeara to obtain tbe right of way and other franchises from Congress for a railroad along the eastern base of the mountains, northward from Choyeniie to the Yellowstone and Bozeman iu Montana. Bat for some reaaou our delegate in Congress failed to do hisdnty towards ua at the National Capital — and the measure was not carried.

The great Iron Mountain by the aide of this route, and the precious mioerals that will soon be produced in the vicinity of Laramie Peak, and further on, from tbe Big Bom Mountains, to aay nothing of the immenae deposits of coal and valuable timber along this line, will very soon demand the building of thia road. There is no reason why it should not be as practical and profitable to build a narrow-gauge railroad &om here to Fort Fetterman, one hundred and thirty miles, as from Denver south to Pueblo; and tbe capital could be procured for the enterprise, if handled by men of integrity and practical energy. And by the time it bad reached Fetterman on the North Platte, there is no doubt but the Indians would consent to its extension to the Yellowstone. Montana and Wyoming should unite with great zeal and earneatneas for tbe InanguratioQ and prosecution of this enterprise, as the Northern Pacific may now be delayed in reaching Montana for many years, and this is far the most direct and practical outlet for Montana to the great centres of finance and trade.

Another route toward Montana, perhaps equally important and practicable, ia irom Fort Steele or Rawlins, on the Union Pacific Railroad, to the Whisky Gap in the Seminoe Mountains— thence up the Sweetwater River to the Sweetwater goldmines — thence north into the Wind River Valley— and thence through the most practicable pass into tbe Yellowstone National Park, and hence to Bozeman in the Gallatin Val-

This route is known to be highly practicable as fiir as the Wind River Valley — and Captain Jones of the United States Araiy has just returned from a summer reoonnoissance of the mountains betweeuWind River and Big Horn Valleys on the east, end the 'Yellowatone Park basin on the west. He also proceeded over to the waters of Clark's Fork iu northweatern Wyoming, where there are valuable gold discoveries, and a now mining diatrict formed tuia year, with all the requisite otScials and prospectors.

A railroad on thia route wonld accommodate the mines of tbe Seminoe Mountaina, the Eold mines of Sweetwater, the mines tbat esist in the Wind Biver range, the mines of Clark's Fork and the gold mountains east of Yellowstone Lake- It would also convey the sight-seeing and health-seeking summer travel of the whole continent to the already far-tamed Yellowstone National Park, and immediately )irovo a paying investment. We expect to be favored this wiuter with a full and interesting report of the monntaina and valleys and practicable passes of northwest Wyoming, from Captain Jonea.

atage-roud built from some point on the Union Paciiic Railroad, near Bryan, up through the country, and along tbe east side of the Wind River Mountains to the Yellowstone Lake, and thence on to Bozemau, in Montana. The feasibility of such a road has been demonstrated beyond a doubt, audit will bo of the utmost importance to tbe people of Montana. The Yellowstone region is full of curiosities, so much so that a poTtion of it lias beeu set aside by Cougresa as a national park. This park is of magnificent proportions, and years hence will be considered ouo of our greatest national treasures. In this region, too, excellent gold mines have been discovered, and it has always been the belief of old and experienced mountain men and miners that the country about the headwaters of the Yellowstone contains more and better gold mines than any other part of tbeUuioD. A fort will be eetablisbed up in themountain country for the protection of the road ; and then tourists, aettlera, and summer visitors will oommunce flocking-

252 Bepobt Of The C0Hmi8Si0Neb Of

to this mmlBccDt ition. Saoh rood hat, antil lately, been considered entirely ont of the qiieetion, but CsptauD Jones, of thu Engiueera, iaa fonud it can be built with comparatirely tittle labor and coat."

Accomtasviso Ooccmbnt8.

A.— Statement of smrroyBCODtrncted far under the appropriation of (40,000 made by act of CoDnBB approved Jaue 10, 1872, for iirveyiti){ the public lands in Wyomint: Territory, showiDg tbe condition of aitid surveys at the close of the Ilacol year ending Jane 30, 1873.

B. — Statement of townshipB surveyed in Wyoming Territory, of which the fieldnotes have been retained, examined, aud approved during the fiscal year ending June 30, lt3.

C. — Statement of amount paid surveyor-general and clerks in his office for the fiscal year ending Jane 30, 1873, anil incidentiil e:£penseB for the same period.

D.— Statement of coal-lands surveyed in Wyuoiing Territory mim Jnoe 30, 1872, to Jnne 30, 1873, aa shovrn by tbe ofQcial stats.

£. — Estimate of appropriationB required foi of Wyoming fur the fiscal year ending June 30, 1875. Tery respectfully, your obedient aervont,

SILAS REED, Suntgor-GtMenl of Wytmimg. Hon. Wn-t-is DnuMMOsn,

T General Land-OJUet, D. C.

A. — Statement o/urreju mntracltdfor Knder the appropriation a/ 140,000 madt bgaclof ComgrtM approved June 10, 167'J,/ifr iirryiR$ Us publio XanHtin Wsonung Territmy, timing the antdition of taid tarns* 'if tli'fi''al ytar ending Jane 1873.

Alfred I£ Bogen. . Edwin IsiDea

Mortlmfr N. Grai

The eiterim- Iloes of towiUhlpii 17.

18, IS. wdSOnorth.ormiEeaes, ee. tbe Uuea of frsctloonl (attnship IS

ridiHnH ; t) Jon, betwc BtaudArd parAllola;

earth and

Tbe BDrveyB under this conhave been completed Dd piid for, unonnilns

Bad IS north, of

Completed nnd paid for,

Under antboi il.Tof tbe Com-

Land-Office, tbe deputies

1B.1U, andao'DOrth, Si. 85, W, 87, and bdlTleianal line* o noch, or raage T

line* at townabipa SI, 33. a3, and 31 north, at range CA ireBt, and of townBhlp m DOtth, of range Bl

rbo exterior lines of lOHOBbipa SI . iO. SJ. and Hi Dorlb, of rugea 6I> niHl veM; tbo aubdivielonnl linm of lunnsbipii 31. 33, 33, lUld S4

tiimi Helps as Olid 31 north, of once

THE OENEBAL LAfiD OFFICE. 253

A. — Statement of luntytoontraeted for under appropriation of 140,000, — Contioned.

'

N.m6 of deputy.

Work emhraeed In eontisot

IRT!. Jolr 89

Henry T.Albrisht..

Completed and paid for.

11. 18, IB, and north, of renee 65 weaE" Uld of township SO orfi>. of

M

Abe-"

The Sdbdivialonal llnea of tovnehlp £0 north, of nmce wet, and of townships 17, 18. 19, SO, Uld 21

Completod and paid for,

amounting lo 13, 5B9.7S.

"

Aog. n

Alfred M-Eogem...,

n, 18. Uld 19 north, of ranges and (il west

Completed and paid for, amonntini! to (3,587.35.

Ang-Sl

13 and 14 north, of range 10 weat.

Completed and paid for.

Oct 1

Stephen 'W. Downey.

Eighteen niUes of tho thirteenth guide mwidlu north of the fourth

Unea of township 17, 18, and 19 north, of range 105 west the anb-north

, of range 105 weat.

Completed and paid for, amounting to ei,Ml,la.

KoT. S6

line, of townahlp. 13 and 14 north, of range 68 weet, through the

Coraploted and pud for.

April SI

15 and IB north, of range TO weat : townabip 13 north. of range Tl

weat: and townships 13 and 14

north, orange 71 weat.

May 30

wmiuu 0. Dowiiey .

The aflb aUndord paraUel, between

Snrrey In progreea,

D„i„.db,

Bepobt Of The Couhissioneb Of

Towuahlp.

Banaik*.

33,180.99 a9S3 99 33.121. 90 99; 111. 31 93,051.10 C3,lM.tO 91,93119 17,900.35 S3; 179. 99 93,11131 99;S73.a3

93,117.90 93,051.08 &),3U9a 99,951.68 93,039.51 S9, 987.30 93,ttrAM 9907.09

ggs

93,061. 9X, 902. 119 93.159.98 99,955.93 29,901.59 £1,318.07

23,0SL51 9il05.79

93,01ttB7 SS,97S.5fl 93,056.30

grs

23,3n!o9 33.072.29

as,70iM

gftmoi

1S.73

1 Ihue HDCaaU are adaitiouii to tlie ton-

f ilOD or the QbdlvldaD liuea Ihnmgh

Total Biinreyed to Jane 30, 1673. .

m 3,170,888.82

Silas Beed,

Sarvegor-OaieTal oj IFjwmJn;.

THE GENEEAL land OFFICE.

Date.

To vJtoia paid.

Amount

i™..t

Silas Reed, Barveyor-aencral... Charles J. Eeed, ehief eteck. , . . LoTorott C, Sterena, clerk

A dylan" J.' Pursh'BJl,' "aiaiaVant

3T5U0

3Ts0O

Ko 00

H8S5

Amount drawn for ftind created byindlvidnal depoaita

Dec. 31

Silas Seed, saTTeTor-irenerai. . . Cbatles J. Eeed. cUef clerk . . . Lsverett C. Btereae, clerk

AdiSi' 'JV Pi'aii; " 'Miii

Uarch31

Charles J. Reed. chie™erk. . .. Leverett C. Slevone. clerk

Adrian J-, Petahall, asaintant

June 30

8Ua Seed. aarTeyor-geaenl

Charlefl J. rIb "cE"ik . ! ! , LeverBtt C Stevens, chief clerk. Richard Blacl<.tone, -

Adrian J. Pargii''l. BBeiaUnt

ThomaaM. Haher.clerk.. .

i™.

M.S-„

For second quarter

Forfonrlh fiscal quarter

R500 00

D.,i„.db,

256 &amp;Epobt Of The Couuissioneb Of

D.—Statemait of aoal-laada nmeytdin WgomiHg 1873, at shown by tkt official plaU.

TowDililp Id which oanUlsad. No. of une.

TowDBbip 'Jl noFlb, range 79 west 330.00

TowDsbip Ut Durtli,rauRe 80 west '. 320.00

TowDsbip 19 ourtli, range 105 neat S2,964.li2

Total Sa. 984.42

Amount in pnsvjooa report 44.016.90

Aggregate to date 74,001.32

8ILA8 BEED, Surteyor-GtBeral of IFyontnf . Dnitbd States SuavBYon-GByERAi-'a Office,

for thejiecal year ending June 30, 1875.

For extending tho atandardand meridian lines to cover tfae limit! of the landgrant of tbe Union Pacific Kaitrood, and Tot surveying townabip and enbdivisiiinal lines of agricultntol, grazing, coaI, iron, and timber landa within

and adjoining tbeaame $70,000

For BHlary of survoTor-general ! 3,00U

Forealuries of clerks 7,600

For rent, fuel, atationecy, messenger, wid incidental expensea 2,500

Total 83,100

SILAS BEED, Sitrveiior-Otneral of Wj/oming. United States Suiivktob-Gkneiul's Office, Cluyeiu, Wso., Augiut &. 1873.

The General Land Office. 257

No. 1. — nebular gfatemtnt iiluHvinif the number of aere$ of public iandu suiTegeHiH the following land State$ and Territorice up to Jane 30, 18T'2, the fiteal year, and th total of the pvbUc lavd sun'eged ap to June 30, 18T3 ; also, the total area of the public domain remaining uamtrvened within the same.

Areas of pnWio land in States and Tor-

k

as"

Land RMt$ and Tarritoriei.

£

Si.75,3W

Ess

30.n9,S40 36,401.440 33 40730 37.931.520 35,576,960

lis

1?

Bi;3ie

iia.090

If

65,350 47;i5t 52; 198

Is

J3!403ia30

so; m 840

lis si

Is

ffirr"-

i;!B4,r31,59 dl, 319.140.68 1,369,451.00 2:398:401.13 545, ,193. 83 303,90aiS 391, 341. 33 e3, 395, 390. 29

Wuhiu'n Ter

48,937,977 70,111,735 72,7as,33S 96.778,581

N6wMi™tir

Dakota Tor

Idaho Tor

40,093.32 B0;397.6 35.826.30 22.480.95 3133. 11

W.73Ei.51

SEffi--:::::::;

ft4,996,243.H7

4,73 acres of the Fond do Lnc Indinn reservation were Babdl-

(b) Of the SDi'TeyB in Eansu 4.863.64 acres ore of the Sac and Fox Indian reserrc. under treaty of March 6, 1861.

<C) Of the aurreye in Nebraska 9.548.34 seres are of the Sao and For Indian reserve, under treaty of March 6, 1801, and 46,430.06 acres of Uie Pawnee Indian reserve, nuiler treaty of September 34. <.S57.

m at the anrvojB in Onon 89,032.21 are of iho Klamatii Indian reserve, treaty October 14. 1864; 3r,,205.77 acres of the 'Warm SBrlnn Indian reserve! 9,00J.44acresof the Coast Range Indian renervo. Of the Bar\'ejs In Dakota Territory 53,330 acres are TankloD SioDi ladian Uods. subdivided into

'(/' Of°ttie snrvevB in Idahn Territorv ,536 44 'acres are Nez Perce Indian lands, surveyed into 99-acre tracts, Fids Art. 3, treaty Jonc 9, 1863, TT, S. Stat,, vol, 11, p. 64S.

(p) Of the sniByH in Montana Torritorj 215,907 acres are (he riatbcad, Kootenay, and Upper Pond dOreiLles Indian reservation, treaty July 16, 1855, opened for settlement by act of CcocreBS approved Jone 5, 1873, U. B. Stat., vol. 17. p. 326,

Of the surveys In Indian Territory 573,945.16 acres are Pottawatomie lands, per Art.1. treaty FebrnBrv37, 1867, Stats., vol. IS, p. 531, surveyed into 40.ncro tracts, and 4,422.298.81 acrea of tlie CberetBO, Croet, and Stmlaole lands, per treaties of JbIv 19, June 14, and March 31. 1806, respectively.

WILLIS DRUMilOND,

il Lard-Offif 1873,

,db,

Hepoet Of The Commissionek Of

mlM tieriof, and

of tnddeiitol ezpmtet thvrwa, in the firit of the figeal

3UUa and Teni-

Land-offl™.

QoaotitTHldtOrCiaaband bounty-land scrip at and aboTe tlie minimum prioe of 11.85 per acre, and

llio iaoal joat ending Jnnaao, \(n3.

Amount paid in cash and in bounii-laDd scrip, respectivefj. for the flrat hair Df the flsi-Al year ending Jnne 30, 187£

Acres.

Cash.

S,96aB3

TIU i

mB3

5,451 M 3.9e5l

m

la, 604 48

Iiss

T

7,naM

ViZ'i

Bs3, 31171

lSi31

6Jj00

.Jssi

H.len.

Arlzfflia Territory.

&lt;0B4.33

00

The General Land Office. 259

ber of aorei entered unStr tM hotaegtead Jaie of May SO, 1863, of commiaaiimt received wider mechanic act of Jaty 2, 1B62, and camnttsnans received by regUiera and receivers on the year cotntnencinii Jaly I, lfi72, and enditig June 30. 1873.

acts of MsyaO, 18C3, and Joneai, ISM, with

b.v section a of the aols, sud agpgaie of regletets' and receirera' coniniieaioas under ection 6 of said act, sort of aft approved Uarcb 31. 1864, amendatorr tbereoi:

land acr

acts amen-ter

? and rec

on TBlue of land located.

Acres,

Pees.

Raeiatars' anf receivers' commisaions.

A_.

Acres.

Amount

An...

aa.vi9.si

i:545M 1,560 00

Jii:

lis

S, 985 47

ssow

S,St5 00

sis

,e20.w

T/ffJftTl

&#x27;S53 39

Hoo

M, 990. 34

s.ssooo

gffi

li

Wif,

ia;947:tti

lis

4t 17

,T36.B3

S. 080 00

, Coogic

so BEPOBT OF THK COMMISSIONEE OF

Ko. 3. — BMtmenl of pthUe lauU lold, of aari bounfif-ltiiid *cHp reoaxai thenfor,

State* and Tcrri.

Liind4tBcc9.

Quantity sold tot caab and

of (l.as per acre, and amount received for the inie.rorthBflntbalfof the fecal year endlni June 30.1811

ending jMe 30, I87r"

Acres.

Amount.

Caah.

Banntv.Uad

as

.ass

ia.MTM

Si

rii

Bos 93

40Tom

Belmont

l! 183! 09

sBiaoiao 9, 971. as

9;B7I 46 15, 764 46

Si

11,487 S4 'si 774 W

Le Grande

it£.a9.38

The General Land Office.

nuiH&er of arcs entered under the homeahad law of May SO, 1863, 4'"- — CoDtinned.

ay )ia, 1868, uid June 21. 1B66, with a a of Uio acts, and oggnKaUi at

Bjroash and taionts.. b.oa,tJk' acT of

ot BBid act, an J of act approved

Feca.

andreceiv. era' com-

Ami-int.

l! Big 00

i;ii

ws

8a; 614. 97

ai,74i.a

' 5200 1,357 39

3,B08:;9

64a 00

Sr,06*.49

4,Su.S7

60S 98

'7900

3,moo

5S,im.23

iitss

3M01

8oaoo

lira 90

B48 0, 10,506.08 1 7,7 77

s,9M.sa

2v,ow.ra

37,048.06 8499.0a 91.58&1S 19,040.83

i,SSSS

til; lis

M98 91I 0,911.98 3,185 16 70,938.05 3,638 OS 1 31,l0aii8

3.S3I 63 88818! 98 4,013 96 8,0I9,37 1,089 74 31,801.88

dm 60

Iks

lis

i9,e8aw

o;24o:oo

iSS

fl,193 49| 65,10131

9,071 OS i; 060 45

soaoo

VZf,

41B,744, J3O.0eO00| 15,550 19

262 Report Of The Comm168Ioner Of

N'o.S. — Statanent of publio laiidi lold, of oath and county-laiid lerip reodTeA ilurvr.

Amoont iid

in cashiuid

of ll.tB per aon, and unooDt THTed for Ihe uiie,(<>tUieambslfaC

the flKiJ year ending

bSif of ale flBcal vr BndllieJQn30,lJS

Acre*.

Amoont.

WwhlnftoB Ter...

S6.B3&lt;.Bt

Ml. 083 71

M, til. 93

Si0.18

rOM73

,8M.50

4,as3.flo

T, 959 84

Colonda TcrrilOTT

iI;9ot™

Si

,5e3 44

l,4S9 4fl

Tot. 78

yenno

ere. 54

f THE UITBUUH.

oi iaitd-tyiM, Jf otwmier 1. 1873.

,

The General Land Office. 263

numbAT of acrtt entered under llie homestead law 0/ Hag 20, 1862, -c, — Continued.

Quantity nf Isitd fu

tired under , and June 3

,lB66.witb wreqalred Kragttte of

locatrf with agon

YBluB of land located.

S".in,s*!i,a.'!:i."L"

approved

Jorw.

Fees.

ws'com-

Acrea.

Amount.

Acres,

a

H 139 Bs

a; 112:78

Mm

OT,T43,e3

a,4l94

Boo

1S.Sm

S,135P0 5,860 00

4Ts8 60 7,470 31

3.Ss0 53

ojraeo

19,aM31 ,'955 K S,5BS65

soaoo 7,000.00

Si

3T5,Is.63

to, 185 00

4.O.

BTSe

3.eis.ao

38M76 1,447 00

i.iasTO

„&#x27;:Ss

ii;ati5

6S,ie3.BS

43S00

Iso 00

Moo &#x27; 3000

vao.00

fl:3BM

1S3 00

So 00

4S 00

!

1,Ct7 49

a3soo

D„i„.db,

I Bepobt Op The Commissionee Of

No. 2. — Statement of pKhlic iandt old, of eah and bounty-land trip received ,

Eecapit

Quantity sold for oaab and beuntj-lajd aorip at and above the - muBprlMoftl-SSper

iietved for theaame, for theflntbalfoftbeflg-

Amount paid in caab and boimtj-land scrip, t-

hsIfoftfiofiMatTear, ending June 30, 1873. mentioned in the fint column.

Acrea.

Amount.

Cash.

uS-S?,.'

loas a,eeaS3

ms

SS3,3ia71

so.*

m3B3.'0

av; wi.ee

7m. 76

34B.a34 03

H.771 le

9;i7T5.

siissei

niw 13

Hi

tisesi

9,eei 86

34i;4e9% 14,771 It

m" 113 07 M; 741 97 lia,H4 02

4B;5B3 41

SEPASTUsyr oi

D„i„.db,

THE GENEBAL LAHD eFFICE. 2

mrnher of acres entered under liomeetead law of May 30, 1862, c— Contiuaed. ULATION.

Qnuitity of iRud enured under act of May 20. lEUil, and Jo amount of IS and IIOpaymeatH

le 21. isae,

reqairedbj r reglsleri'

'nbai.

laud , and nnof May 20, 1883, aad

Quantity located

reideterB' and reoerreW comniiB. along OD value of land located.

Acres.

m

Amount.

twoo

sesioeaa

136. 453. 6S aS 838.51 IS. 534. 5.

lis Hi

'is

8,W5 47

lis

Im

ia,672.Sf

4Ib.114.R3

in, 72183 315,3M.BB

m

"'is

2t,768 60

Sii

sj,ns.si

M. 730.6&#x27;

B78 00

ai079 77

l,G95,3fti.41

na,s94

'sas

266 Hepoet Of The Commissioneb Of

No. 3. — Statenmt of public tanit told, of ca*haiiclbotintg laad xrip received therefor, amber MctiOR of mid aet; alto of land located irttA *cnp (iadr tke agriciiUiiral college and ralue ihavif, and ataieaent of inciiUntal eiptne thereon in the second Ike Jiecal

SUM TetTl-

Quutlt; Hdd br caab and IwontT-lud at ud

une. for tbt WMmd half

KmonnX paid in CMh and

tTtdy, tat the secood half of tie atc>] yueudiDg Jane 30, 1873.

a™

Cash.

'

IflO.OD

&a34.so

j

e,IW7.30

li'wi 50 5,603 06

00

H, 151.57

a0.504

iM,4B4 06

Ilss

ms8

S15 4S

l! 982. IS S03,34ai 19.807. M

3J9, 447 41

M.Sfi

Is8.3B

a,5i8 36

s; 518 36

4M1.00

ia913 98

THE GENERAL LAND OFFICE. 2ti7

entered under the hovieilead lam of May 30, 1862, ofeommismnii received under alrlh ) act of July 8, 166a, and committiiyne receiited In/ regietera and receivers on the year oomaieitcing July I, 1872, and ending June 30, 1873.

, and of *ot appraTsd March 3i, 1864, flMal jeat ending Jiuie 30, isn.

act of 1862 and acts

fiscal year vlUi aglaudlooatod.

An* of entries.

Fees.

Aoree.

Amount.

Acres.

Amonn.

eo.oo

—

ts;i

imw

a.-s50oo

S, 415 00

a, 359 00

4.Bs0O0

Vs

fl.ios.7i

I.Imoo

it 415 00

'Isi

ia;40tL39

8M 17

35S6 4S

S,9S8 15

9,oai 00

J

t.435l

&739 00

aioo ISO 00

80

S.I7 00

Wo. 00

3,Bw*7

8M,00

I3S00

t EEPOET OF THE COMMI8SIOKER OF

No. 3.— Statement of public landi told, ofcatk and bounty-land mtiji revived therefor,

AmoaDt paid in cali and

balf of Sw Baoal yoor eudlDj! Jane 30. 1873.

Eouuty-land scrip.

Preocolt

l,sflS.

Is. 700 47

la, 476 37

Tim 18

loleas siswoo

i';ra35

k: 789 33

aa,573uo

Muntcrii..:::..

3tt,1.45

38,S3S!£5 a! 55*. OB

Hi

Total

iss

S,038BJ l,385l

Total

Si

a: 315 59

5a! 379 69 . 19, 505 81

Total

Total

1I,08D.10

Si

nlau 54

Isi

Total

THE OENEBAL LAND OFFICE. number of acre' mtei'trl vner the tiomtttead law of May ftO,lB02, c— Con tinned.

Icrnd under homealeBd aots of Usy jid Jnue 31, 1666. with

scUi and alw azregale of

digpowd bonnlj-laod icrip, lead act of tory.

Quantity located io iwcond half of said

laad located.

of Mid acta, and of act approved r of tbe flsoal jeur eodlngune 30,

entries.

Fom.

Acre*.

Aroount.

Acret

Amount.

' 160.00

t3,716 47

3i;is3.9i

Ss66 %00

5B00

aslflssifio

S,9M.S3

a! 63188

&#x27;873 W

'14100

a.nw 51

B4 00

Hi

lliTlT.M

i005.3S

so* 50

s;;

9,Bm.9

l,0MO0

ll,6eai4

i,seooo i,aisii6

'844 98

lis

:li

i6o!oo

i..,JU0 60

e63B7

&#x27;S41 00

3,S6e.g4 1.974,19

00

i&BM.ai

a, 310 60

8,SeT.ll

it. 471 96

io3,83&es

4,m6s

i,4M60

270 Bepobt Of The C0Mmi8S10Neh Of

No. i. — Slalemet of public Inndi aoU, of coah ami hoantf-land acrtp received theror,

QnaDlttTMIdforcaaband lonDtyland scrip at and above thn minlmiun price of ll.as per aor. ujd

of the Betial eodlni

Cagh.

Bonnty-luid *ciip.

3.m.n

e,33131

t,33131

ai,5,77

hnaka

4,mM

J,936 79

3D,Si53

Total

Bu.Uf6

m.80

.sss

a*, 359 74

B:944.9e

li;033 35

4B, 910 91

5,e'J9 85 £5,807 69 11,033 35

'!S ;:SgS

tt,a08 19 fi03Se

Total

ey

D„i„.db,

The General Land Office. 271

enta'ed under the homeeUad lam of May 30, 1S63, 4. — Contioned.

Qnaotityeniereitndde SO IBM and JnnB i of'tS and tiu pajm a of the acta: "id

Uarcliai, 18a4, amen eooadlulfoftlieasi 18T3.

Ajtgregato disposed

bounty-land k%. also nndarthe homelid acu amendatory.

scrip, act Jaly 2, 1869, and register'

toad located.

:bI yeac ending Jane 30,

Area of eatriea.

Feci

Amount.

Acres,

Amcont,

r

Is, 700, 48

lis

16a 00

lis

6,B45 0U

93

BTSoais

s; 678." 10

loaimw

3M,9M.S9

Si, 325 37

50W

-S!

ll

Mw.M

loeoo

S,86S0O

M.W9.45

t,i!w,oa

'is

57, 95a 10 5,802.80

9;i5a.64

Woo

4i,aaiia

S;B33 00

aoi 00

iSS

m..

6S.2.

D„i„.db,

EEPOBT OF THE COMMI88IONEE OF tot4,o/cath aind bountsand taip received there/or,

Recapit

Statea and Tcirlloriea.

QnanUty iold for cash and bounty-land aerip at and above ibemlnf.

aore, and amount receiTedforumefbTthe HoudhiilfortbetlnMl

Amount paid In cash

reapectiTeh, for the eooad mdfor (he QBoal

first ac4atniL

Acrea. Amount.

31i 61 391 55

1-H.ae 1,580 89

55

1,913 Si 18,913 91

Is!

'Si

30,691 IB 73,309 98 l! 099 50 M,359 7.

im 3i

193. 68 1, 943 S3 346,55a 75 379,117 1

&#x27;Sj! &#x27;S

IH 196. 48 337, 69a 16

i:boo.is !3oera

"'11 Mil

a. 189 ad

Towhich'addnmWof

786,405.94 1,153,373 93 notes located with agricnlt

1, 446, 430 IB oral and

D„i„.db,

The Genebal Land Office. 273

iiiimber of acre* entered under the homtgtead law' of May 20, c— Cantinnod.

i:lation.

nets May 3D, IBM. ami Jane 31. 1866. agarpinile of tJ onrt (10 pBymenW required by settiou a of tlieocta,ttmouotof renwtors'

of eaid Bor. .n.l of aot approved Marcb Kl,

lor cash andbmnryaloiy.

ond hatf of aald fiscal year wlUi

college scrip, ace rotiblen'andre-si

"1

Amonnl.

Acres.

ainonnt

eo.M

tiooc

fo! OIL K 3Ll.S47.Ti

las

&quot;Iii

lis

'iSS

58,930 y 13,186 31

i 058 00 e:

a.-*0 00, 4:Cll 66

Is?;

iS'iifS

m:En

jffi;

S:is

140, 7S6. t: 41,365.11

*S:3

'.Si IX

Us

Isiomk

a4 0o

a! aao' 0;

aoeoo

lis

lis

Si819ir.

I. soft 050. 11

H3, Ms. 49

Willib Dbumuoks,

274 Beport Of The Couhibbioneb Of

No. 4. — Summary for tke fimial year ending Jtt*e 30, 1873, sfcwBinj the number of aera 1862, ifarch iX, 1864, and June 91, 1866, iritfc opntgaK o/$6 and 10 .tmrnteai vanutnU <Kei!/Ji>(#a,1662.

Qnutlt; Hid for cuh and

oT'lI.aS per acre, ud ending June 30, ISrf

ly. for the fiscal year

Aores.

Amount.

eea.M

3,Se4.4T a; MS. 43

5M73

i,eoso8

4Si

yTeiss a;M4*

t339 9I

4.B90 96

gsi

lis

ti3T4*

9;

e,onso

ie,7S.34 87,3M.5B 3,306.79 1,*M,B7

The Genreal Land Office.

Qoantlof landmtend under the homoitead acta or ltt,j 30, 1963. and Jnne 31,

of nglatflra and ncvera under aectlon

ISeS. and acts amendreoeiywa

' oom-rated

.

h

m

Hi

Aioonnt-

An.oan.

Amount.

raeo

Miosi

4.rao9g

Jia,a33

4i:a34.*io

Tot, 3*7- 31

SST.OBI Of

a,iM,S7

lao.

so, 141 Tl

4T3,398ia

36i3S5 15

J,0ra,3M-9B

J, e, 515 50

WILLIS DBmtUOITD,

KEPOBT OF THE COHHISSIOIfER OF 8WAUF LASDS.

State*.

r

h f

It in

it

r

Aem.

a™.

Aera.

S.0;o,fl4,VS9

l,S73,-nM.7S

f?'??IJf

m. 385. 81

a3.iK!8.11

l,M8,3ai-SS

5B.50iBl

No. 6. — 8ltmet tsAitiiting Ihe quantity of land opproced to tke eereral Statet under the ad* of afpiwfa March 2, 1S49, Sqitentber 1850, and March IS, 1860, to September 30, 1873.

Bum.

s

2s

Aeret.

A.

A 640. 71

moo

Bo. 00

T,8B.J9

R83.!!0

*Si

flsi'so

is,ase.ii

so, 513. 4a

lT9,S7L8e

'

D„i„.db,

THE GENEBAL LAND OPFipE. 277

Statement eihUiitivg the guantitg of land patented to ffte seteral Stales under the acta eg> approved Septttnier 28, IBnO, and March 13, 1860 ; and the qiumtity oerS- iKitiano under act approved March 9, 1849.

lera.

Stateg.

FonrHi qnuter.

FiT*

Third

grant

Aerei.

Atra.

j™.

Aera. as, 040. 71

ta'i77,T6i!so

Iso. 00

eaoo

Looialaii* j <Aoto/lS40t..

T,Cai39

Bsiso

so. 00

e-oo&oe

S4,0M9

iai,547.sa

1B,1.44

Mtned In Indemnity patents under set of March If, 1855. linen Id iDdemnltj' patent luuler act of Marob S. 16 tnined in indemDitj pataU under act of Uaroh S, 1855. lAlned in Indemnity patents ander act of Msroh 9, 1835. lajned Id lademnit; paUiDto Dnder aot of Uarab 9, 1855. tailed in Indemnit}- pateata under Mt of If arch 9, 1855.

Tillis Dbttuhond.

States.

5oo;ooo:.oo

499, H90. 00 500,000.00 600,000.00 500,000.00 500 000. DO 500,000.00 500.000,00 500,000.00 .W. 000. 00

Hi

4M;Mftro

5oo,ooaoo

3971906. OS 49.% 55a, 30 488.628.00 431. 570. ti a68.050.Si

The Stalea of nilnoii and Alaliama reoelTed gr iven, make up the quantity ot 500,000 ac

- Jf Thb Intbuob,

Mmeral Zand-Ogite, 1873.

a Beta which, with the qnanlltiea bei WTLLI8 DBtTUUOIID,

278 Eepobt Of The Commis8Ioneb Of

No. 9.—CotUUtlo qf bounty-lond wiMM under act* of 1847, 1850, 1852, and 1B5S, ehoniKg Oia itmM and IcmUom fivm f qf operatUtM under said aet to June 30,

leri.

!

jl

If

Aorfl84Ti

Bo,&amp;M

7.ses

&#x27;Ss

ssiisao

I 1,888

§e.3J7

8S.B10

wini

Sis

4,S69,800 4,u03i880

Isis

Ibm, 711

13;s840 3ffitS0

ax

ii,9es

M,iieo

8n,44fl

3M

ai,560

ifi.9n,ow

Is

a,fli3

13.0T.9e0 33,189.310

Etm

mOM

M9,9M

Willib

n>, Onnn

intonfl-.

D„i„.dt,

The Geneeal Land Office.

lip

Land-dlatTlDK.

leaoo

3i.ian.ii

S, 110.08

32a 00 5,iaaoo 5. Ma 00

i; Sis! 40

Jsm,

Jem.

Kabbab.

Hontaha Txbkitcbt.

IS, moo

S.800.00

g;o48:s4

'860.00

aeaoo a, 86a 38

83,154.36 i 676. 30 7,200.00

Litchfield

Eepoet Of The Commissioner Of

Dauoflawa.

Name of canal.

Uar. llSn

1 do

xa.m

;s'Jxr;";,,™i;f-iheitiii,ii,

Blver with tlimie of Lake UiclKsau. Breakwater ami harbovBDi) abip-caoal...

aiK. mem

JqDl8.ie38

MaJ. 3.1865 Jul; 3, less

PortaSe aSdlie 8np.rior aMp-

Ship-oral to coDoect the onlerii of Lake Saperior with tlie lake knoiin as Lac Stilt-.

Hecapitulation.

Total qiUDtlt;aI 00

Willis Drcmuond.

Repokt Of The I

mM.

S3 Ss88

mi

tt

ss S8;;s SSSSSS : 3

Si imi tumi i s

n mi mtm : s

3 is 83

Jx 1

II 111! milii 1

2S2

Sis S32Ss 2 323223=233 Ek 325 2 2 22

ill iiiii i m m 1 1 ii III m il 3 uiiaiiii ij ijii III

Is

mt

it n

a i it s

5 ss

i Si"

mi

m i m s

3 S S

i t I mu Si i ttm

S;;2 ;3SS3 2 ESiS== 2E: S3 33 23 2 S 'Sa

mill i!

iiSiniiiiiiiiii innM I mill j

Hi iiil s iiliiii liiiili.i

jJliii i

n M

a £

D„i„.db, '

ErM.

i s -'

u

E&quot; !

I i liS I

i s Hi i

m

t i t

s"

§ i i i t i

S&quot; 5

i m i t m t

iSS5.

i pi s

11 11 1 1 111 &quot;S &quot;2 2 2*2

It 1 111 1

mmi s a ttm k' Esgjgg

Jl

=Ses2S 2 233= Csss Szsse 22

iiiiil i II mi

-rrm

i: ii: ii ii;i

Bill Si iilis II g.-jig „-g

iiiiit malt

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Sss S 8 S Sss

III 1 is III 11= s i 1 i 1 s-

iii 1 j 1 Hi m i 8 t 1 1" s

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m

i' m $ 55Sll§ ti

I B!5i Ss g

Z 22=2 22 3 2 S 222 23 22

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f lat It II smsu I itiiii It I

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1;

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as 3s= a 22 2

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tl III 1 li 1

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p iia' i ,1 1

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ii ss si

;eal land office.

; S ; a SS

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s ; 8 s

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i!|!i!ti! .

3Ssss2Eh23 23 Ss S2

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, Coogic

Report Of The Commissioner Op

No. 13. — Statanenl txhUnting lowl anuxtaioni, — Continued. EECAPITOLATION.

State*.

Batlmated quantity embraced iutbellmlUof

tity which the

ontednnderlhe grant*.

Saw in. 00

l,578,TaO,00 *985: 160 91

a.595.0S3,M 1, 137, 13a 00 a, 708, 135. oo 1, 780, 4fiT. 00 600,411.70

a, 753, ni. 00

?:S:Siss

a. 595. 053. 00

S4, 007, 041. 87 lU, 364, TOO. 00

38, B78, 594. OS l.-,381,76e.00

814,031,807.97 309.B%9e 331,013-97 1,6881800.00

Dedoct lor landa reverted and lapaed. and for

Sob, 904, 807. Os

WILLIS DBUMMOND. Oonmiti'o,

BighU of vas granUd to railroad companim oarbtiw Statei and TCrrilorieg.

Nameofralfaoad.

lo

Jane 4.IBK Jane 4,1B7S

Jane 7,1873

Jane 8.1873

Dec. 15,1870 May 37, 1873

Jnne 1,1873

Jane 1,1879

June 8,1879

JnnelO,18TS

Mar. 3,1869

Mar. 3,1813

33S

Act gran ting right of way to the DaveDport and Saint

Paal Company. Act graatiog tight of way to the Great Soatlmm

Railway for iOO feet In width on each

aide of aaid road and branch.

Saint Augnaiine Company for 100 feet in width on each aide of load and any of ite branehee.

Act graotiDg rigiit of way to the Peosacolaaad LonleUe Company for IOO feet in width on each aide of road, &o.

Act granting right of way to the Portland, Dalles auf Salt Lake Company for 100 ftot on each aide of c™wr line of road Qranoh.

Act granting right of way to the Utah Central Company for 300 feet in width on each aide of road, dc-

Act declaring the Dakota Soathem Company a legal corporation apd B™f( the right of way for

Act granting the right of way to the Dakota Grand TrDl< Company fir 100 ftel in width on each side of central ifoe and bnmcbea.

Act granting right of way lo the Utah, Idaho and

aide of center line of road- Act granUng right of way to tlie Denrsr and Bio

Grando Railway Company for 100 feet in width on

each tile ot road, Ac- Act granting right of way to the New Moiioo and

Gair Railway Company ftor 100 feet in width on

eachsideof road, &0, Act granting right of way to the Eaalem Nevada

BaSroad Company for iMl feet in width on each

rideofroftd, &c. Act granUng Ht of way to tlie Walia-WaUa and

Columbia Biver Railroad Company for 100 feet In

width on each aide of road, &c.

Oregon and Utah Ter- j

Utfli Territory

Utah. Idaho, and Hoi.

WaaMngton Territory

The Gekeeal Land Office.

Detailed oyeota of eipenditn

ifil

CommiMionn Geneisl Land-Office, act of Jaly 4, 183. tat: L.. Tol. 5, p. HI, sec 10 ;) act of Uarcli 3, 1813, (Stat. L., voL IT. p. 50tj,

Chief clerk, act of March 3, li3, (Stat. L.. vol. 11 Keconler,actofJnly, 1836, (SUt. L., loL S, p. Ill, see 4;)auto

UsTOh a, 183T, (Stat L., voL S, p. 164, leo. 1.) Tbree principal clerks, of pnbo lands, of private landlaim

and sacveys. at 11,800 each, act of Joly 4, ISae, (Stat L., toI :

£.10,9eo.ST) (Stat-L., vaL5,pp 109,lU.eec'eaaud 3.) me clerk of olasa 4. act of Uarcb 3, Ili53, (Stat. L., voL 10, i

TwentT-three clerks of clau 3, act of March 3, 1?53. (Stat L., yn] act of April 33, ISM, (Stab L:. yoL 10. p. Z7t

Branghlsman. at |:,60a, and assistant draoghtsninn, at tl,400, ac

of Jaly 4, 1836, (Stat. L., vol. 5, p. US, see 10 ;) act of April m

16S4, (SUt. L., vol. 10, p. 876, sec. I.)

r'Keach, actor Jiily,4, lR36.(.L..voL5,p.llS.SE

of AngDBt 18.1856, (SUt. L..voLll,p.l49,8eo.l;) act

3, 1689, {SWt L., voL 15. p. 387, ee. 1 J et of Jnly 13, 1870, (Stat. L,. VOL Id. p. 343, seel.)

Tno packers, at each, act of Jaly 4. 1836, (Stat; L., voL S, p. liafsM-lO,) actor March 3, 1869, (gtaLL.,Td.l5.piW7,eo:ir.

Seven laborers, at tT30 each, act of Aufust 18, ISSS, (Stat. L.. vol. 11, p. 14a, eec I;) act of Jnly 13. 1870, (Stal;L.,TaL Ifi, p. aSO,

Addilional derek on account of jnHitaTy baantg Umdl.

One principal clerk aa director, act of March 3, 18U, (Stat. L., vol.

Thlrty-five clerke of class 1. act of Match 3, 1B5S, (Stat. L., voL 10,

p 664, sec 1 i) act of July 13, 1870. (Stat L, voL 16, p. 343. sec. 1.) Two laborers, at tT30 each, act of Angoat 18.1836, (vol. 11, p 14S,

sec.l:) act of March 3. 1860, (StatX..voL13,p.38T,seo. 1:) act

of July 13, 1870, (Stat L., voL Ifi, p 3S0, sec. 3.) Compensation of President's secretary to sign patents for public

lands, act of -- °

Stationary, diagrams, parchment paper fbr [and-paten la, fnmitnre and repairs OT the same, mlsoellaiieotia items, incladinjtwoof the city newspapers, to be filed, bonnd, and preserved for the uBe of the office. adverUalng and telegraphing.

DBUMMOND, Comminio-ner.

Beport Op The Commissionee Of

stii

Mi

IHi

(ActoIMaj-S, iin'a,o.3.)' tailed Htlmate berewlth. SesnoleKo. 1.)

'

DiPAKIUEMT Ol

T7ILLI3 DRUMMffNIJ, dmrnvtsion

SUtea and Tsirltories.

Luid-ofHcoa.

Inofdentol

ToW.

Hunt-rlllB

IS l:Z

E

!:S S

Ie

Is

fioo

9O0

ooo

Bw

i0

aoo soo

m 100

fm

The General Land Office.

[( for salaries and commissiOiu, c. — Continued.

SIMM and lerrltoriea.

Lana-Qffioes.

InddentiJ eipenees.

Is IS

iS

la

elm

Ie

Ie Ie

mi

a

Mo

i0

oo

eoo

00

M4,040

WILLIS DRTnmOND,

Dspabthent Of The Interior.

D„i„.db,

Eepoet Of The Commissionee Of

ftt 111!

SorvcjorpMleral, per ntt 3, 1§31, Stat., p. 4!B, apt. 5) . . . ClerkaiuElaofflcs. peracCMa;9. IHJ6. (3 Stat.,pli6,aeo. 1)

Usoo

ta,ooo

Rsoo

Saat of office for anrrfTor-ceDrral. fuel, booha, alatlonerv. aod othw ioridental eipsiincs, pr act March 3, 1831, (4SIt.. p. 493. 0*0. 4.)

Sntvoj-or-KPneral, per act March 3. lSit3, f3 Slat-, p. T3S. eer. 1) . . . eictka iD bit office, per act Mj- B. 16, Slat., p. 26, c. IJ.. .-

ContlDgeoteipeuatt; Bent of office fer aurveTOTeenfral, tael, booka, atntlonfry, and other incidental eipeuaeTper ict May B. 1S36, (SStat,

and Vafih 3, IBsr (11 SUt., p. ail. fl. 1.) Cletka in hia office, per act May 9. 1836. (3 SUt.. p. SO, sec 1.) and

Mab 3, lear, (li'siat., p. afa, aec. '

Contingent eipenaea; Sent of office for anrvcvor-ecnerat, fael, Iwoka, stationery, and otter incldenua eipcDaes, pet act May 1830, (3 Slat., p. M, TOL 1.)

a.soo

a, 000

Ca li'§offlcr*t Mh 2, leei, (10 s'taifp! 309,".' 10) '. '-

Conttngent eipeneeB: Kent or office for aiureyor. general, fnel. booka, aUtdooery, and other Incidental eipenaes, per act March 8, laci, (10 SUt.,

a. 400

Survej-OT-eeneral, per act Joly tK, 1854, {10 Stot., p. 309. Bee. 10) . . ClerkainEisofflce, Slat,, p 309, BBC. 10) ,

T,Soo

a, 000

a, 000

Contingent eipenaeB :

other Incidental eipenaes, pec act July 23, tB54, (10 SUt., p. 309,

SaUHes: Clerks in his office, per act Febroar; SS, 1861, (IS SUt., p. 116, mc.

7,S00

Salaries: Snrveyoc-irene™l, per act Joly SS. 1854, ao SUt., p. 309, aec. 10).. Clerks in his office, per act Jut; 33, 1854, (10 SUt.,p.309, sec. 10).

The General Land Office.

Ho, 15.—Egtimaftt oj flgjiropriattons required 6j the General Land-

Office, 4-c — Continued.

D*tailed objects of eipcn.lHure, and fiplanatioue.

pi

pi

Jl

m

m

Benl of offlte for s'lirTfjor-general, fnel, books. Btttioiiery, and other incidental eipeuaa, per act Jnb-2 IcJI, (10 Stal., p. 309,

t3,000

Oja of euneyor-gmeral of CaiifarniaM

Surveyorflencral, per act May 30. 1669. (12 Slot., p. 410, sec. . Clerks in Els offiee,Vr act Ifarcb 3, 1S53, (10 Blat., p. sec. a)

23, j 28, 000 7, 000 ; 7, 000

Benl of ntliee for surveyor-Reneral, fail, books. stalioDerr, and otlier incidental espoBBCB, per act March 1C153, (10 Stat., p.

Office of mneyor-girurai of Idaho.;;

Snrveyor-aeneral. per act Jnno a, 1366. , p. 71. sm. 1)

Clerk in Sie office, (per act June SO, ISOO. ( W Stat., p. 77, sec. 1) . .

a,5oo; 3,000

Contingent expenses: Bent of office for Borvpyor-general, fnel. books, stationery, and other incidenUl expenses, per act Jnne 29, IMS, (H Stat., p. 17,

Clerks in Els office, per act July 4, 1806, (H Stat., p. 86, sec

4,D00

other Incidental oipenaes, per act July 4, IBfi6. (1* Slat., p. 86,

Salaries:

Snrreyor-general. per act May 30, 18. {IS Stat. p. 410, sec. 9)

Clerks'iaTlS offlper act 37,1850" (9 Stat..p.4!W,

ss

a,5M

Rentof office for snrvcyor-general. fOel, books, Btotioneiy, and other incldcDtal eipenaes, per act September SI, 1860, (0 Slat., p. we. sec ii.}

a, 000

a, 000

Salaries:

Surveyor general, per acta July 17, 1654, (10 Stat, p. 308, sec. 7,)

aaTlfa?30, 1868, (la Slat., p. 410. aoc O.IJ Cluka in Us office, per act March 3, 1855, (10 SUt, p. 674, sec 36) ,

a, 000

Kent of office for surveTor-eeneral, foe), booka. stationery, and

.

294 Report Op The Commissioker Op

So. 15. — EtlimaUa nf appropriation* required ly the General Land-Office, 4'e- — Coatinned.

OSICt of tuTttyoT gentrai 0/ Vtah. ;

itiiienul eipeuseB, per act July 16, lijG*, (la S Offee tf mmeyar-geyieral of TTuamiag. J};

CnntingeDt ripagei

OJf of wrteiw-jr™ral AriionaMW

Survsvor-genecttl, per oet Jnly II. 170, (16 StBt.,p. SSO, set 1). ...

Clerks la Ele office, per act Jul)' U, ISIO. (16 Slat , p. 230, sec. IJ . . .

Coatlneent eipenses:

Bentofofflcefonnrvevor-iieiieralof Ariumiv rnel.boakB.ntiitionerj

. and oUior incidental eipeneee, per act Jolj 11, 1810, (16

Offet of ncorder of land tiOti in JfiMourt.

iz

e!™

a, 500

a, 500

The organic act

qolred for tJte acrri ttaneoriptiun of fle destroyed during tl

anrreylni! district proTides IE,. :b being inadequate, Ihe preaeni 'olvlng Ibe proiHustion of Hpnaia eg for the Lrenerat Laod-

IT clerk-hire, and f 1,0

ice, and the Tcatoral

for the Bervloe.

iTheoManlca. bein IT inadequate,

IITbeotKMiieai pensca. These ai

let of this auTTerine diatrict provider |fl,30 i amoaata being inaquate, the present eatin

16 organic at I. TGeaeau

the'i,

tt The organic act 01

Chis anrveying district proTidest 6,300 for cler£-hJ ba belDg Inadequsle, the present estimates are sa

this BUTTejiag district provides til, 00

This General Land Office. 295

ileatal eipens not exceeding 110,000. The iatricata bntiuesB midst nnmetonB lans of Conreu re-

8 Hires a much iBraer sppropmUon for clerk In the BaTTcyar-geneml's office tbBn the maxlmaia of [I.OOO allowed by ue organic act; hence the esUmBle of |W,000 la enbmitted u abeolntely required for tlie transaction of the onirent work of the offloe, and the brlngliig np of ureaiB In the preparation of deepUTe note* of aurven for the local land-offices.

The oiganio act of this nrreyinK dlitriot provides 11,000 far conUnsent orpcnses. Theamannt tHtngiDadeanate, the present eeOraste Is sabmittd as absolntsly [eqaired for the service.

The OTKanlo act thla survejins district provides fl.OOOfbr clerk-hlre and 11,000 for conHngent eipenses. These amonnts tielD][ Inadequate, the present eslimstes ore snbmitted as absolutely Teqntred fbr tiie serrice.

the snrreying distrlot provides t*,000 for clerk-hire andtUOOOfor contingent eiponsea. These amonnts being insdeqaate, the pteseut estimates are snbmitted as absolutely lequired (or (he serve—

qoind fiff the service.

The OMamlo act of Hiis surveying district provldee HMO for clerk-hire and (1,000 (br conUneent cTpenses. Thelatteramoant being iideqnate, the present estimate is submitted as abeolatelyreqimd

m The orBjUiic act of tbia antvejing district provides 14,000 (or clerk-hire and (1,000 tot contlogeDt These unannts having proved Inadequate, the present esUmates are snbmitted as absoIoUl;

reoniied for the sorvloe.

ii Tbe arganlc act of tl expenses. Xheee amonnts

'Iwiug Inadequate, tt

D„i„.db,

Bepokt Of The Commissiosee Of

DC per lineiil mlli' fnr ion UnfrincladiDC (3,000 for lof.sarN-ejorlo local* prii iald, ie7:t-'rj, p.SlS, se

I DDt eTCi1in|; (13 pr linml mile ror atni for towDfifatn.BultlDInr section lines, (app Lava l&Vi-'l3, p. 515, BM. I.)

ard. (13 for towDebin. bdcI (ID lot KCIioD 111 propriated, Law 1873-'73, p.SlS,aec. 1.) 1 DaVu: At ralea not ciCMding (IS pr lineal mile fo

plated, Lawa 1873-'T3, p-!15, aec I->

AtTSteanot eiieedlnglisper lim anl,(13far tonusLip. and (10 for

AtriLlriinnt eicBclllni town.l,ip.

lineal mile for stand.

s-iJ,p.616,ecl.

ea not exceeding (13 per lineal i I tor lownsliip. and $8 for swition 1, Lawi lBK!-', p. 518, sec 1.)

oxceedinj |I5 per lineal r

rates not eiceAdlnsfiS per lineal mile for atutdard, 3 for townsblp, and (10 for section lines, (appropritovnshlp

, a

in lands at saemenuid -' '-- -andard, (16 tor (appropilaled,

Laws im-a, p. 51S, a OreiEDD:

At rates not eTCeedin 1 15 per lineal mile for standard, tit for townehip, and 113 tor section liues ; and for iieavily timbered lands Ijing west of ihe Cascade Mountains at angmenled rates not exceeding (IS pei lineal mile for standard. (16 for biwnaiim, tuil (lloi section lines, (apprupiiatcil, Laws iefi-"13, p. 516,

(14 for township, and |13 for seoUon Ui beavil; timbered lands lying west of tJie Cascade Monntains at augmented rotea not eiceedine |1S per lineal mile for standard, (16 for township, and (14 for section lines, (appropriated, Laws ltJ73-'73, p. 516,

I. At rates not eiceedingtlSperllDeal mile for standard,

Btd, Laws ISVi-'TJ, p. 516, sec In Nevada: )5. Atlales not exceeding 115 peril 113 for townsbip, and flO for si

The General Land Office. 297

). IG.— Estimates of appropriations required by Ihe General Land-Office, .(c — Continued.

Detailed olijecta of cspendltncc, and erplanationB.

St if

AtrateaDoteToeedlnatlSpertinciiliDilefoTstaniltui], 113 for township, and for section lines, (approprialed, laws ia7li-7S, p. 516, sec. 1.) XaAriEona:

lis for townehto, for section lines, (appropriated, I*W8 lT3,p. Sl. sec. 1.)

mow

is,oco

?5o,ooo

the Berenl BiDTeyins diatricta in order to lest tbe (WonraOT of the worE In the £eld, (act of March 3, 18S3. 10 Btat. p. MT, eec 10 ; act of March 3, 1873.) (o) For Bnrrey the hoondary between the TerrLtoriea of ntab and ArUona, beine bo moch of tbe 31tb par.

on tJiat parallel and tbe 3Tlh meridian of west Ion-

(6) For the boondary between Xew Mexico and AriK lidng moch of the 33d meridian west

3LaOand3Jtlkpanaiele™nh''LtMDde,''™™ratl sot exoMdlDBTO per lineal mile, ostimatod distance

office Bxnensea Incident to the service, (submitted.)

orado TerritoiT, at the rata not exceeding |13 per lineal mile, (Bnbmltled.i

Meiioo, at the rata not exceeding (15 per lineal mile,

EXFLAHATIOS OF THE FOEECrOISG ESTIMATES.

1. (33,000 is estimsMd for the survey of pnblio landain the southwestern, south, eastern, and north- Testem districta, ludadlnj; eompoDsatiou of ll,BIXi per annum and eipeoses of surveyor to locate and survey oonArmed private Cmd-claiou, and to eiaraine and correct old erroneous locations, to complete detached and nnflnlshed surveys, and to prepare the necessary office-work and search for infornutiou legDlsite to properly locale tbe elalms, and work on the exhibit of private tand-claims.

9. (1S.000 IB estimated for surveying township ondseetioQ lines In the soulhem peninanla of Tloiida and closing tbe lines of survey on the (Georgia and Florida boimdary line. In order to carry ont the provlshnu of an act of Congress to settle and quiet tbe Utles Co lauds along the boundary -Hue between the States of Georgia and FDirida. (17SUt.,p.53.)

3. fW.OOO Is estimated fbr aorveys ol' goide meridians, standard parallels, township, and ssctlan lines leqnlred by actual Bettlors.

i. KO.OOO is estimated for the extension of the 'ioM of harvey along the JTorthem Faclflc Sallroad te-

— 1 — 1 i ui dona the route, and foranrvcys within the iwondsof the late Sssiton andWahpelon

vatican, and in the valleys of the Ked Bivor of the North and Missouri Kivers.

3V

" porUons of the Territory where act

9. 180,000 is eekmated for the extension of standard, township, and settlers.

7. |BB,700 Is ectimaid to complete the surveys In the £eld in order in that State may be closed up at an early date.

8. fSO.OOO is estimated for surveys alon tbe ti

Elve;

' n Paclflo Kailroftd through the Tot-the

railroad; aisulo

r of Ihe conatrsction of the Sonthon

oal aettlera along rh<

turkeys to agiicnltor and m

meet tbe ffSata of porgeaeral'j otBce le Fhilte

jenon of

it claims ipeoificigh

the Ter.

. Coogic

J J Kepoet Op The Commissionee Op &#x27;

190,000 eatimHted fat Uie eitDalim of ttie Ilua of public mrvej to rcoDnnodKte aettleis; fbr cloalDg the lines of nitv*; npon tin baoDdar; line between California and Nevada, receatljr itiahed b; u act of Coagrt—.

170,000 MtlDiated tm iiTTe tbs Umita of yarlmu reil and vaKon roads, grants vouch loDg slDee becD made, and Id localitie* whero land* are needed for Mttlement. rra.DOO Ib eatinuted tat the anrTn of Uoda almiE the iiao of the Northern Facific Bailnnd and id Pniet Boond and Admlial Inkn, and to oomriMO the surveys east of the Cascods If oimtauiB, " located line of the NortbemPacUloBallnad.

aioni the

U.mfl

and Caolnl Paelfis

lifd mbdlviakHi, and for the anrvey of valtej-s repaired portion of

tbe district oonseqnait Dpon the TaiSur increasing settlamsla on agricnlCaral lands and the devolopmcM of new mining rKlona, and to cloae the lines of snrve; npon the Califoniis and Nevada booDdary, cstabllahed bj a recent act of Canneaa.

Ifc 100,000 la eitlmated br exteiiaiDK Uw atandard and meridli gratit of the tJnioB Fadflo lUlroad, and for anrveytDE lownshlp Eimifu, ooaL and Umber landa within and afoinlng the same.

IT. liO.OOO ia eatlmaled toeontlnne the p we t nt llnee of snrrey e and to extend standard and towDsUp Unea to distant valleys whiuH HSLLwmuuuiBiiH; along tba Una of tke Atlintlo and Fadflo Ballroad note.

IS. titJOO (allmatad to eorar aipenaes of axamlners to be designated by the Coni GcouffU Ijmdnoe or inrTcyangeiKial, to test the fidelity of tbe eiec--' ' --

toaatlafr IhsmaelTeaof the oomctnemof the returns made of thefleldwbaodonbtaeiMaalotheblthfaleieeatiaiof the work, befonapproialof tbeaama. b) Tlieae two satlmatea are neuesBarv to Benanle several larisdictions of Territories so tliat the

if citixenabip belong; the

bonndailM IM needed to oloae tba llnei of pnblia surveys theieon.based on dIArent bases and menuiousi alao to enable the land oSIeen to know that public lands disposed of by them are witbln their rapsetlTS dlitileta. and albid OidUtiM to setUers on surveyed and nnsoTTe; ed lands to apply to the proper land cen to Hie deolaratlona to enter lands.

(c,d,sj Thsaa three anna are eatlmated for the mason tfaat the act of Congresa entitled "An act tm the nrrer of gnnta or olalnii of land," approved Jtuie 9, 18SS, U. 8. Etats. at Large, toL 19, p. .,11 i.i.>. i_s — 1. to be made at the cost of the claimants, toi repealed Febmary IH,

E4I1.) Under the oiicnmstanosa. no contracts ibr tbe snrrey of to tbe respective suTveyors-aeneial. unless nuUea Intereated deposit the necessary foods fbi the service. Tbia they are. in aome Instancea, nnwflUng or unable to do, for the lesson that It is not required of them by the eilsUnK laws upon the auMeot. Tbe segregation of the private landclolma from the mass i.f public landa ia called fnr to secure the beat interests of ' " — "lowelfiu* of settlers lociled often on public lands but claimed by gianlfleB

WILLIS DROMMmro.

THE GENEEAIj land OFFICE.

. UobUs and Ohio Riter

Tloliabaivh aod Meridian, for- .rly lie SouUwni.

. ila and Ohio BITOT

Alabuna and Florida

Selm Bmne and Dalbin. formerly Alabvna and TeDncwee.

Coew and Tenneww

Coon aud ChatUnoaga

Mobile and Oirard

Alabama and CbatUnooga, formerlv the Nortbeasteni and Sooltwfliteni, and WiUe Valley. South and North. Alabama, formerly the TeuDesBee and Alabama Central.

. Horida Kailroad

Florida and Alabama

Florida, AllflnticandGulfCenIra;

- /icksbnrgliialirevp.portland Test New Orleans, Opeluuaai. and Grea Western.

. Little Kock and Fort Smith

Cidto and Fulton

Memphis and Little Sock

oibal and Saint Joaepb

Padflc and Soatbwesteni Brancli b Lonla and Iron Mountain

CbicajTOi Bock laland'and Pacific.

Cedar Eapids and MLsaonri EiToi

and Slooi City

regoi and Missonri Rirer . . .

' Jackson, LaDaiaa and Sacinav Flint and I'erc Uarijuette. . . . Grand ItapidaanU Endiana---

lerlj

Bay de Coquet and Marqui Bongblna and Ontonagon, fi

Chicago and North we etem, forinerTv CblCBga, Saint Faol and Fond dn Lac.

WlsconBin Central, formerl; Portaga, WiDnebtun and Superior.

Weat WiaconaTn, formerly La CroBse and Milwaukee and loaiAh and Saint Cnjii Boada.

Seplembei 30, 18, grant fully adjusted.

Spring of ISSI, grant fully adjusted.

Seplember 30, IfSO, grant fully adjusted. 'AuguBlW, IsML Ua; I8iT.

'December 9T, 1S56. July 3, leas. May 13, IS5S.

mahlp 3!

Elailroi

d May 31

'From Buney in the field, which wsa between

May 17, 1859. and January 10, 1S51. *From lUT 17 to 31, 1B56. Marcb3,ie&T,between TaUabassne and AlllRalor,

in townablp 13 aonth, range 17 east, and

Septemberl to October Hi. ies7, between Tallabaesea

and Feoaacola. 'February 17, 1857, in the granted, and September

7, ISbl, bi Iho indemnity limits. Janoarj 37,1837. tOctober g,lB5fl, between >New Orleana and Ope-lou

Baa, and December 19, IS56, between Opelouaas

and the Toim boundary. AnsuBt 13, 1S55, and, under the relying act. May

January 17, 1855, and, under Ihe reiiringacfi Joly

Angnat IS, 1855, and, under the reriTinii act. May

ij IKOl, Marob 8, 1853, In thegrauted, and June 16, 1S53, In

Survey in the field, which was from August 8 to

Survey in the field, which waa from October 31,

185toMBroh3.1857. Surver in the field, which waa &om September

1, 18iS, to Joly 13, 1857. Survey in the field, which waa irom Hay 30 to

'August 19, IB61, horn McGregor to Mdjou 13, township 95 norf"-

Norember 30 and S, 1868, and from

and £ani City load, between June xa ano 1S69, the datea of snrrey Id tlie field. Sarreyin tbe field, whlob waa between SeptemT 3T and Ootober 4, 1866.

November 17, 18n,b

en Grand Baplda and tbe

From Fond da Lao to tbe north boundary SUle. Sorveyin thefleld,ffliiGh waab May 1, 1856, and October It 1857.

September 1, 1869.

Marob 33. 1865, to additional giant under act Hay

L.l,;.db,G00glC

Bepoet Of The Commissioser Of

So.l7.—TabUAoicinri the time ichea Ike n

aitroad right atlaeli, 'c. — Coutiaued.

It PKulund Pacific..

SOTeiDber a. 1M7, oiHre latin lioo, except be- PnscDIt and tbe Buath lino of lownehip 34 Dortb, which nu from Movember 21 to XXtcember S. iteT. eurver in Ihe field.

Jraoch bue from lure j In the field, irMcb traa

April Stl

additional grand ondet act of 9, leST, main lino and branch to Saint

turner imhe field, wbi and olySS, 1837, and BT act of March 3, 13

tth. ran™ W wet. anrvey Id the field . from June H to Ootohr 8, 1857. From that point to election 90, foif nehlp 10

Sontbern Ulnneaote. - .

. From the MiseisBippi Rive

Miuniui Kirer, Fart Scott and

GnlC LesTonoortli, Lan-tesro and Gal-

Atchlum, topeka and Sania F

omJnlyBLtoAog.a, 1857. la tio, townihlp IM ,

irnahip 103 nortli,

'nehlplM north,

.t, October 31, IBGO.

it to tlie western booDdarj of the

arvey lu the field, which vaa be-

I City to Coonoll GtOTe, enr-

From that

rom Conncll Grove to Emporia. Aufnat 10, 1846. rom Emporia to the Oaaae lands, trom anrvey in the field, which was betveeu Septemlwir and 28. 18aa, ' -lorthhonndaiToftheOaagelaDdBtoHis

ta, October IS, 18G7.

Febmaty

November 15. 1866, fVom Lawrence to the oortli ouodaty of the Oaajfe lands. rember' 3S, 18G7, to the Bouthem booudar; of

im Atchieon to Emporia, anrvey In the Add. -hich was trom November 26, I8C5, to January

From Emporia to Wichita, anrvey tn the field, which was from May 16 to J0I7 13, 18SS.

From the alf 1h principal meridian near Xewtan to aeotlon 37, townamp !J3 aouth, rauxe 5 waat, September 33, 1871.

From that point -west to section 33. iowiuhip tj

Framuiat point vest 10 the rn'ooth of Pawnee Croek, In townahlp 23 aontfa. range IBweabanr- \ey in the Beli. which waa imm Jane 31 to

_at point to the weet line of ranjnfi7wtt

March £3. 1ia. From that point to Ihe western boundary of the-

Slate. May 30. 1S72.

The Oeseeal Land Office. 301

No. U.—TahU aluncing lAe time ii-heii the various railroad rights attack, -c— Continued.

Stateiu

Names of roads.

Dates.

lower 19, 1861. Second one hundred miles, June 30, 1666;

From the seth mile-post to Brown's Sommit, (nearly to the 700th mile-post,) sarvey In the field, ibich waa from April 1 to Koyember 15,

From Brown's Snmmit to Ogden, snrrey in the field, which was iom May 1 to inly 30, 1888,

ship 13 north, range S east, wltbiD ten miles of

the road, Jane 1, 1863, and within twenty miles,

July 3,1984, date of not, -From that point to the east line of towDBlilp 17

north, range 13 east, September 14, 1986. From that point to the Bie Bend of the Tmckee

Ei>-er, in township 20 north, range 34 east. Ke-

Tada, October 35, 1H67. From that point to Hnmboldl Wells. December

Froio that point to Monoment Point, (bead of From that point to Ogden, July 18, 1868.

."fleW,wbiJb'"was''bm™'jau"a?ySBMd

Kansas to section 17. township 11 south, range 13 east, Kansas, February 13, IBBJ.

Fr'>m that point to Fort Kfley. from anrvey In the field, which was between Febmary 13, 1664, and February 18, 1865,

From Fort Riley to the 4DSth mlla-nost, (Sheridan, K.s.,) 3. IfW, date of t. ' '

From that pplnlto DenverCity, IVom sorrey in the field; beglnninn Jnne S9. I36, and end-

Kansaa

Kebraska

Central Branch Union Pacific. . . . Sloi''atyVd Pacific

January, 1864, within (be ten. mile limits, and JuTj 3, 1844, date of act, within the twenty-mik. Umita.

sorrey In the Meld, which was between Hmem-

Kiyerin Dakota Territory, May 36, 1373. From SalamaWash. Ter., north &ctj--five miles,,

Inlerlor, dated March is, 1873, the first withdrawal of lands takes effect from the accept ance ol the map of general conte by the De.

clnded from the granted sections, and the allernale reserved aectioni are raised to tI-SO per

From SpHngfleld. Ho„ to tbe western boundary

of the%tate,Decemberl7, 1886. Prom point to the month of Kingfisher

Creek, in Indian Tettltoiy, December 3, 1371.

From San Francis to San Miguel, Cal., March Through tbe county of Los Angelea and part of

D„i„.db,

302 Bepoet Ok The Commissioser Of

No. 17. — Table towing the Hate icAen (he rorioiu railroad rigkli attach, -c. — Coutiaaed.

OregDD Bruce or the Centr ri- oTuc, foiueil; Ualifornla Hid

Southrrn PaciSr, of Calirornla. .

Koad not yft deflnllel; located. Lande wlllidrawn upon pilimiiiary line, UkinK tSevt fhmi dale nf iecipt of tlie order (ha district lud-oOcea. which was as follows; New Ueiicv Teiritory. December 1, 1811; Ariionn TeirltorT. Decembec 26, 18T1;

drai

I deflnltely loealed. Laitds witlirllniTiiarr line, taking effect nnauBLeui nweiptof the ordsT at tiw dlatrlct ifflcs. wbinb was aa fonowni Lt'tlec of Soreoiber W, lOTl, reciTed at NowOrioaas Db- iDber II, I87i letter of Naiemlwr IS71, "' " Deoember a>. 1871 ;

r of Mari I April 3, teii.

rreoeipt of letliTB of within

ieired a

ville. Nov

illowr

t&, September 6, 1S7I. (which la jliidea laiide tiom towuBhip uc Une towpahlp north.) ral withdnwal became eSbctive KOalpt of IhS lotUni ordinii flu trict land-offices, Fraadsoo, Hay 8,

VKalii, May la. U

Uarch 3, ItiTI, became offer-

l,1S67 Stockton, May 7,

live Apnl 3. I8T1, Biiibtiif roadattacheafnim

the dates of fllhiithf ' --

the mspa of definiM Is

From PoHJaDd, CeK-, wrath to IDaonth, TSDge S west, Febnutiy IS, IStO.

From that poLnt to the sonLh line of townalilp 13 witii. April £8, leTO.

From that point to the Booth line of tawnahip 31 Bouth, April 95, 1870.

From that point to near the sonth line of towu- Bhip 30 Bontfa, April 30, 18TI.

From Portland, Oreg., to the Taoiblll River, near MoMinyllle. and fnuu a JunctioD near Forest Grove toward Astoria, twenty miles. Uay

Time Iskeo aa definite locatlno from data on receipt of evidence the contrary.

i By the act of Jaly 14, 1870, the lands Erantei GoTerauient and havs since been restored to hoi of iheerantuf Marcha, lB71,to theKi '

Ue in this office, ho? t of Brssbeac City

line those 'ickabarg

D„i„.db,

,db,

University Of Michiqan 3 9015 06731 6789

D„i„.db,