An Act to create three additional land districts in the Territory of Dakota. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all that part of the Territory of Dakota bounded as follows, to wit, commencing at the most easterly point where the Missouri River crosses the second standard parallel: thence up and along said river to the most westerly point where said river crosses said parallel; thence west on said parallel to the south fork of the Cheyenne River; thence southwest along said south fork of said Cheyenne River to the twenty-sixth degree of longitude west from Washington; thence south to the south boundary of the Territory of Dakota; thence east along said south boundary of said Territory to the Missouri River: thence northwesterly along said river to the place of beginning, be, and the same is hereby, constituted a new land district, and the office shall be located at such place in said district as shall be designated by the President of the United States. SEC. 2. That all that part of the Territory of Dakota bounded as follows, to wit, commencing at the most westerly point where the Missouri River intersects the second standard parallel; thence northerly along said river to the fifth standard parallel; thence west to the twenty-sixth degree of longitude west from Washington; thence south to the north fork of the Cheyenne River; thence east and south along said river to its mouth; thence up and along the south fork of the Cheyenne River to a point where the second standard parallel produced would intersect said river; thence east to the Missouri River, at the place of beginning, be, and the same is hereby, constituted a new land district, and the office shall be located at such place in said district as shall be designated by the President of the United States. SEC. 3. That all that part of the Territory of Dakota bounded as follows, to wit, commencing at a point on the twelfth standard parallel between ranges sixty-three and sixty-four; thence north to the north boundary of the Territory of Dakota; thence west along said boundary to the eleventh guide meridian: thence south along said meridian to the twelfth standard parallel, thence east to the place of beginning, be, and the same is hereby, constituted a new land district, and the office in said district shall be located at such place as shall be designated by the President of the United States. SEC. 4. That the President, by and with the advice and consent of the Senate, is hereby authorized to appoint a register and a receiver for each of said land districts, who shall discharge like and similar duties and receive the amount of compensation allowed by law to other officers discharging like duties in the land offices of said territory: Provided, That such officers shall not be appointed nor land offices opened in the districts created by the first and second sections of this act until a cession shall have been made by treaty duly ratified by Congress of a portion of the Great Sioux Indian Reservation within the limits of the said districts. Approved, March 3, 1883. [PUBLIC-No. 80.] An Act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, eighteen hundred and eighty-three, and for prior years, and for those certified as due by the accounting officers of the Treasury in accordance with section four of the act of June fourteenth, eighteen hundred and seventy-eight, heretofore paid from permanent appropriations, and for other purposes. Be it enacted, etc. That the following sums be, and the same are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the objects hereinafter stated, namely: To supply deficiencies in the appropriations for the fiscal year eighteen hundred and eighty-three, as follows: For payment of amounts found due by the accounting officers of the Treasury Department on account of surveying the public lands: For the fiscal year eighteen hundred and eighty-one, two thousand five hundred and two dollars and thirty-five cents: for the fiscal year eighteen hundred and eighty-two, one thousand one hundred and three dollars and nineteen cents. To pay Ithamar C. Whipple the amount due him as receiver of public moneys at Cheyenne, Wyoming, the same being to his credit on the books of the Treasury Department, one hundred and fifty-two dollars and twenty-two cents. For compensation of registers and receivers of local land offices, twenty thousand dollars. For surveying private land-claims in California, eighteen hundred and eighty and prior years, twentyfive dollars and two cents. For surveying the public lands, eighteen hundred and eighty and prior years, one thousand three hundred and thirty dollars and fifty-one cents. For surveying the northern boundary of Wyoming, one thousand dollars. For adjusting claims for indemnity for swamp lands, sixty-five dollars and fifty cents. Approved March 3, 1883. [PRIVATE-No. 25.] An Act authorizing the trustees of the Isherwood estate to amend a certain plan of subdivision of said estate, recorded in the land-records of the District of Columbia. Be it enacted, etc., That the trustees of the IsherWood estate are hereby authorized to withdraw or annul so much of the plat or subdivision of said estate which has been approved and placed on file in the office of the surveyor of the District of Columbia as relates to squares thereon numbered seven and thirteen, and the street between said squares, and are permitted to resubdivide the said squares, and lines of street running through and between the same, and to place the new subdivision of the squares above named on file in the office of the surveyor of the District of Columbia; and upon filing said new subdivision the present street between said squares seven and thirteen is hereby vacated; Provided, That if the vested rights of any person or persons who have purchased land in said Isherwood estate from the trustees or their beneficiaries shall be injuriously affected by the change as herein provided, the said trustees shall be liable in damages therefor; And provided further, That any action for damages hereunder shall be brought within one year from the date of the passage of this act. Approved, March 2, 1883. [PRIVATE-No. 26.] Isaac W. Kitchen, Carleton Placer Mine. John Stokes, Placer. El Dorado County. Geo. E. Williams, Tong Qtz. Mine. Stone Lagoon G. Mg. Co., Placer. P. Molter et al., Mammoth Placer Mine. G. W. Meylert et al., Nigger Gulch Placer N. Goldtree, El Salto Mine. S. C. Farnham, Farnham G. Qtz. M. Wm. H. Ginon, Bonita Qtz. Mine and M. S. COLORADO. Clear Creek County. Cascade Mg.and Development Co., Comanche, Magna and Prussian Lode. Geo. W. Cox et al., Bismarck and Cataract Lode. Dennis Faivre et al,, Calvin Lode. S. E. Gordon, Keystone Lode. M. J. McKinley et al., Litle Mac Lode. An Act for the relief of Daniel Breed. Robt. J. Coleman, Rarus and Warrior Lodes. Consolidated Co. of Seven Mines, Black Approved, March 2, 1883. [PRIVATE-No. 62.] An Act for the relief of Marzel Altmann. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized to allow Marzel Altmann to enter one hundred and sixty acres of public lands, or less, in a body, in any of the landdistricts in the State of Minnesota, as a homestead, after a bona fide residence of six months thereon, act except as to limit of time of residence thereon; and subject to all the provisions of the homestead and the provisions of said act in relation to time of residence are hereby suspended, but only so far, however, as they affect this entry. Approved, March 3, 1883. [PRIVATE-No. 71.] An Act for the relief of Stephen P. Yeomans and Andrew Leech. Be it enacted, etc., That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay to Stephen P. Yeomans, late register of the United States land office at Sioux City, Iowa, out of any money in the Treasury not otherwise appropri ated, the sum of seven thousand five hundred dollars, in full for all extraordinary services or expenses rendered or incurred by him during his term of office as such register. SEC. 2. That the Secretary of the Treasury be, and drew Leech, late receiver of the United States land he is hereby, authorized and directed to pay to Anoffice at Sioux City, Iowa, out of any money in the Treasury not otherwise appropriated, the sum of four thousand and fifty dollars, in full as indemnity for all extraordinary expenses incurred by him during his term of office as such receiver. Approved, March 3, 1883. MINERAL PATENTS ISSUED. Since our last report, patents have been issued for the following mining claims: ARIZONA. Cochise County. Marshall Blinn, Extacy and Shorty Lodes. CALIFORNIA. Butte County. Wm. Hooper, Sand Bluff Gravel Placer. Geo. P. Gould, et al., Elematah Lode. West Mountain Mg. Co., N. of the Sierra C. H. Byfield, et al., Franklin Lode. W. Linsley, Next President Lode. S. H. Pease et al., Little Earl and What Is It Jno. L. Kinsey et al., Mountain View Lode. Jas. F. Steinbeck et al., Fannie Lode. Lake County. Dyer Mg. Co., Dyer and Hawthorne Lodes. Chas. B. Farwell (Trustee), Mineral Farm Lode. Chas. Limberg et al., Mystic Lode. S. W. Miller, Victory Lode. Silver Cord Combination Mg. Co., Eagle and Silver Cord Lodes. Park County. C. W. Baker, Flume Lode. E. C. Gilman et al., New York Lode. F. F. Riggs, Snow Bank Lode. Geo. U. Ingersoll et al., Dives Lode. Summit County. Balarat Mining Company, Balarat and Tiptop Lodes. Colorado Cons. Mining Co., Oriental and Rattler Lodes. Liverpool G. and S. Mining Co., Centennial Lode. G. W. Packer, Pacific Lode. MONTANA. Lewis and Clark County. Wm. Chumasero et al., Hamlet Lode. Silver Bow County. A. H. Hedley et al., Adirondack Lode. NEVADA. Eureka County. A. L. Fitzgerald, Don Ricardo Lode and M. S. Lincoln County. A. McMahon et al., Magnolia Lode. OREGON. Baker County. James P. Faull, Jas. P. Faull Qtz. Mine. UTAH. Juab County. Wm. H. Meneray et al., Brooklin Lode. Summit County. Apex M'g Co., Brave Columbia, Constitution, Cumberland, Hanna and Monroe Doctrine Lodes. John J. Daly, Minooka Lode. F. Auerbach, Sentinel Lode. CASH PATENTS ISSUED. COPP'S LAND OWNER for this month reports the issuance of patents on the Cash Entries numbered below, which patents have been sent to the below-named land-offices. ALABAMA. MONTGOMERY. Nos. 15964, 16130, 16566, 16621, 16632, 16638, 16723, 16876, 16882, 17298, 17317; 17319, 17320, 17326, 17347, 17357, 17358, 17559, 17360, 17363, 17364, 17365, 17366, 17367. ARKANSAS. LITTLE ROCK. Hot Spring Series, Nos. 635 to 694 inclusive. CALIFORNIA. LOS ANGELES. Nos. 419, 456, 478, 745, 961, 962, 963, 965, 966, 967, 968, 970, 1003, 1005, 1011. COLORADO. Supreme Court Scrip, R. and R. 13. Nos. 2912, 3018, 3156, 3374, 3375, 3376, 3378, 3380, 3382, 3383, 3386, 3387, 3390, 3391, 3393, 3396, 3408, 3410, 3491, 3522, 3525, 3539, 3544, 3548, 3550, 3555, 3562, 3564, 3574. DAKOTA. ABERDEEN. Watertown Series, Nos. 772, 2360, 2369, 2373. FARGO. Supreme Court Scrip, R. 645, R. 681, R. 682, U. 5, R. 519, K. 33, and R. 585. R. and R. 1,3,3%, 4%1⁄2, 24, 60 and 149. GRAND FORKS. Supreme Court Scrip, Nos. L. 104, E. 26 and E. 27. R. and R. Nos. 3, 160 and 161, respectively located at Fargo and at Grand Forks. Nos. 1512, 1717, 1718, 1719, 1722, 1725, 1728, 1729, 1730, 1741, 1743, 1747, 1754, 1756, 1762, 1764, 1769, 1820, 1830, 1898, 1899, 1902, 1903, 1904, 1905, 1913, 1914, 1819, 1926, 1928, 1931, 1932, 1939, 1943, 1945, 1946, 1951, 1952, 1956, 1959, 1964, 1965, 1966, 1967, 1969, 1970, 1974, 1975, 1976, 1977, 1980, 1981, 1986, 1987, 1989, 1995, 2008, 2009, 2010, 2011, 2012, 2014, 2016, 2018, 2019, 2020, 2021, 2022, 2025, 2026, 2027, 2030, 2031, 2032, 2033, 2035, 2036, 2038, 3039, 2041, 2043, 2044, 2046, 2047, 2050, 2052, 2054, 2058, 2061, 2063, 2069, 2072, 2940. HURON. Watertown Series, Nos. 1397, 2343, 2357, 2361, 2371. Supreme Court Scrip, V. 56 and V. 61, R. and R. WATERTOWN. Nos. 18134, 18191, 18212, 18213 to 18222 inclusive, 18240 to 18245 inclusive, 18253, 18254, 18255, 18259, 18261, 18268, 18277, 18279, 48280, 18283, 18284, 18288, 18289, 18290, 18294, 18299, 18300, 18301, 18302, 18303, 18305, 18306, 18307, 18309, 18310, 18311, 18312, 18314, 18315, 18316, 18318, 18320, 18321, 18322, 18325, 18326, 18327, 18328, 18340, 18344, 18348, 18350, 18351, 18355, 18357. Sauk Rapids and Saint Cloud Series (Minnesota), Nos. 382, 5608, 8311, 8326, 8638, 8715, 8716, 8718 to 8727 inclusive, 8729 to 8747 inclusive, 8753 to 8778 inclusive, 8779 to 8797 inclusive, 8799, 8800, 8802 to 8821 inclusive, 8823 to 8826 inclusive, 8829, 8831 to 8835 inclusive, 8837 to 8842 inclusive, 8844 to 8847 inclusive, 8865 to 8876 into 8917 inclusive, 8920 to 8928 inclusive, 8933 to 8958 inclusive, 8882 to 8893 inclusive, 8896, 8901, 8902, 8903, 8905 clusive, 8961 to 8971 inclusive, 8873 to 8986 inclusive, 8988 to 8997 inclusive, 8999 to 9002 inclusive, 9007 to 9033 inclusive, 9042 to 9061 inclusive, 9064 to 9098 inclusive, 9100 to 9103 inclusive, 9105. Nos. 8897 to 8900 inclusive, 8929 to 8932 inclusive, 9099. WORTHINGTON. HOMESTEAD PATENTS ISSUED. COPP'S LAND OWNER for this month reports the following final numbers of Homestead Patents issued and sent to the below-named land-offices: ARKANSAS. CAMDEN. Nos. 2490, 2682, 2756, 2758 to 2765 inclusive, 2767 to 2772 inclusive, 2774 to 2778 inclusive, 2780 to 2788 inclusive, 2790, 2792, 2793, 2794, 2796, 2798, 2799 to 2806 inclusive, 2808 to 2812 inclusive, 2814 to 2823 inclusive, 2825 to 2843 inclusive. DARDANELLE. Nos. 1755, 1888, 2493, 2940, 2968, 2971, 2975, 2979, 3000, 3001, 3002, 3021, 3026, 3043 to 3072 inclusive, 3074, 3075. HARRISON, Nos. 104, 151, 3113, 3126, 3424, 3446, 3556, 3579, 3580 to 3605 inclusive, 3608, 3610, 3611, 3614 to 3653 inclusive. LITTLE ROCK, Nos. 242, 1155, 1174, 1683, 1773, 1858, 1887, 1991, 1992, 2005, 2018, 2019, 2062, 2078, 3025, 3064, 3079, 3328, 3329, 3331, 3332, 3334, 3336 to 3339 inclusive, 3341 to 3348 inclusive, 3351 to 3354 inclusive, 3356, 3357, 3359 to 3362 inclusive, 3364 to 3368 inclusive, 3372, 3373, 3374, 3376 to 3387 inclusive, 3389, 3393, 3394, 3396 to 3404 inclusive, 3406 to 3409 inclusive, 3411, 3412, 3413, 3417, 3418, 3420, 3423, 3424, 3426, 3427, 3428, 3429, 3431, 3434 to 3440 inclusive. Nos. 6180. 6181, 6183, 6184, 6185, 6187, 6188, 6190, 6191, 6192, Nos. 1860, 3667, 3668, 4456, 4589, 4621, 4899, 4923, 4929, 4930, 4932, 4934, 4936, 4938, 4939, 4941, 4947, 4951, 4957, 4958, 4960, 4968, 4971, 4975, 4977, 4979, 4980, 4081, 4982, 4985, 4987, 4988, 4989, 4992, 4993, 4999, 5000, 5004, 5005, 5006, 5007, 5008, 5013, 5014, 5015, 5017, 5018, 5020, 5024, 5027, 5030, 5032, 5034, 5035, 5037, 5038, 5042, 5043, 5044, 5045, 5046, 5048, 5050, 5052, 5053, 5055, 5056, 5057, 5062, 5064, 5070, 5073, 5081, 5082, 5084, 5086, 5089, 5994, 5095, 5096, 5098, 5106, 5107, 5117, 5124. UTAH. SALT LAKE. Nos. 936 2380, 2450, 2451, 2453, 2556, 2457, 2462, 2465, 2467, 2469, 2471, 2473, 2493, 2496, 2497, 2503, 2505, 2510, 2512, also Desert Lands Nos. 19, 30, 31, 32, 33, 38 to 41 inclusive, 43, 44, 45, 54, 55, 56. WASHINGTON TY. Nos. 5977, 6122, 6149, 6150, 6171, 6212, 6235, 6338, 6387, 6456, Nos. 1069, 1138, 1143, 1360, 1377, 1422, 2342, 2348, 2351, 2367. 6587, 6588, 6589, 6590, 6591, 6592, 6593. YANKTON. Supreme Court Scrip, Nos. M. 513, M. 515, R. 173, and M. 232. R. and R. Nos. 49, 50, 127, 187, located at Sioux Falls and Springfield. Watertown Series. Nos. 541, 550, 583. Nos. 798, 819, 848, 861, 901, 910, 922, 935, 936, 1029, 1064, 1128, 1138, 1161, 1193, 1210, 1375, 1474, 1556, 1575, 1580, 1584, WISCONSIN. EAU CLAIRE. Nos. 5576 to 5581 inclusive, 5583 to 5597 inclusive, 5600, 5601, 5602, 5604 to 5614 inclusive, 5616, 5617, 5618, 5621, 5623, 5624, 5625, 5627, 5629 to 5647 inclusive, 5650, 5651, 5652, 5653 to 5691 inclusive, 5693 to 5734 inclusive, 5736 to 5746 inclusive, 5748 to 5765 inclusive, 5768 to 5774 inclusive. WICHITA. Nos. 2402, 2836, 2989, 3265, 3831, 3927, 3978, 4025, 4038, 4040, 4041, 4042, 4043, 4046, 4047, 4048, 4049, 4050, 4052, 4054, 4055, 4056, 4057, 4058. MICHIGAN. Nos. 4780, 4784, 4788, 4790 to 4796 inclusive, 4799, 4805 to 4811 inclusive, 4813, 4815, 4816, 4317, 4820 to 4824 inclusive, 4827, 4828, 4829, 4833, 4835, 4837, 4841 to 4845 inclusive, 4847, 4849 to 4852 inclusive, 4855, 4856, 4857, 4860, 4862, 4866, 4867, 4868, 4872, 4873, 4875, 4876, 4878, 4880 to 4883 inclusive, 4886, 4888, 4889, 4890, 4891, 4892, 4895, 4896, 4903, 4907, 4916, 4917, 4921, 4924 to 4928 inclusive, 4935 to 4940 inclusive, 4944, 4945, 4948, 4951, 4952, 4953, 4958, 4959, 4960, 4963, 4965,4967, 4968,4970, 4971, 4975, 4977, 4979, 4981, 4983, 4985, 4986, 4988,4989, 4991 to 4998 inclusive. MINNESOTA. FERGUS FALLS. Nos. 1605, 2172, 2707, 2869, 3021, 3048, 3078, 3089, 3131, 3210, 3260, 3282, 3318, 3322, 3430, 3460, 3465, 3466, 3491. ΜΟΝΤΑΝΑ. 483, 488, 490. NEBRASKA. GRAND ISLAND. Nos. 410, 828, 1600, 2425, 3941, 3986, 4042, 4047, 4054, 4055, 4079, 4082, 4104, 4126, 4134, 4167, 4171, 4270, 4276, 4325, 4331, 4338, 4341, 4350, 4357, 4366, 4415, 4419, 4427, 4430, 4433, 4435, 4436, 4437, 4450, 4451, 4459, 4461, 4462, 4465, 4468, 4477, 4489, 4391, 4493, 4494, 4497, 4509, 4513, 4514, 4528, 4531, 4540, 4542, 4543, 4544, 4546, 4550, 4562, 4568, 4573, 4578, 4584. NEW MEXICO. SANTA FE. Nos. 456, 477, 478, 483 to 488 inclusive, 490 to 497 inclusive, 499, 500, 511, 519, 546 to 551 inclusive, 567, 586. WASHINGTON TY. VANCOUVER. Nos. 682, 712, 762, 859, 895 to 908 inclusive, 910, 911, 912, 913, WISCONSIN. Nos. 2219, 2501, 2528, 2558, 2573, 2582, 2616, 2644 to 2647 inclusive, 2649 to 2665 inclusive." M. W. Bremen TIMBER DEPREDATIONS. PRIVATE LAND CLAIMS. Anton Chico....... WASHINGTON, D. C., MAY 1, 1883. THIS paper furnishes more valuable law informa tion for less money, and is read by more land attorneys and real estate dealers, by more homestead, pre-emption, and other land claimants, and by more mine owners, engineers, and superintendents, than any other publication in the United States. No. 3. J. W. Garden vice Register Hopping, Shasta. F. G. Ward vice Receiver Mylert, Susanville. W. C. Willits vice Receiver Thomson, ALL Registers and Receivers of the U. Denver, Colorado. S. land offices are authorized to receive E.L. Salisbury vice Receiver Burchinell, Leadville. C. D. Peck vice Receiver Hickman, Lake City. New office at Gunnison, Register, J. J. Thomas, Receiver, F. J. Leonard. A SOAP mine has been discovered in 34 34 36 LANDS OPENED TO SETTLEMENT.-The 34 Commissioner of the General Land Office 35 has issued an order, opening to settlement and entry under the homestead laws, lands withdrawn for, but not needed in the final adjustment of the grant made to the State of Arkansas in aid of the Little Rock and Fort Smith Railway. 37 40 41 LAND PERSONALS. THE address of James F. Stuart, who, by 41 twenty years' practice of land law, has earned the title of "Settlers' Friend," is P. O. Box 1532, San Francisco. 42 41 ATTENTION is called to the cards in the Land Directory of Thomas & Brown, 42 Huron, Dakota; Thomas & Thomas, Gunnison, Colorado; Clark S. Rowe, Spring43 field, Dakota, and A. L. Voorhis, Russell, Kansas. They will gladly furnish inforRestoration of Lost and Obliterated Corners....... 43 mation to investors and settlers. Write Evans, Padgett & Emmons, Washington, D. C... IV A. W. DeLong vice Receiver Lunt, J. P. Luse vice Register Webb, Dead E. C. Geary vice Receiver Pugh, Fargo. C. G. Williams vice Register Mellette, Watertown. J. G. Chandler vice Receiver Hughes, Yankton. M. H. Smith vice Receiver Monroe, Lewiston, Idaho. New oflice at Hailey, Register, H. L. Pound, Receiver, J. S. Waters. S. H. Dodge vice Register McEckron, Concordia, Kansas. John Bissell vice Register Helm, Kirwin. A. L. Patchin vice Register Cavanaugh, Oberlin. H. S. Cunningham vice Receiver Hanback, Salina. J. Q. A. Peyton tice Receiver Watson, Topeka. A. E. Lemee vice Receiver Lecompte, Natchitoches, La. C. B. Darrall and Morris Marks vice Baldey and Burwell, New Orleans. A. E. Bloom vice Register Bloss, Detroit, Michigan. V. B. Cochran vice Register Stafford, Marquette. J. T. Hull vice Receiver Kimball, Jackson, Miss. F. Atkinson vice Register Friedley, Helena, Mont. C. Hostetter vice Register Hoxie, Grand Island, Neb Sanford Parker vice Receiver Lovejoy, Niobrara. New offices at Valentine and McCook, Registers, Jas. Morris, G. L. Laws; Receivers, J. W. Tucker, C. F. Babcock. J. G. Pilsbury vice Receiver Watts, Oregon City, Oregon. E. L. Smith vice Reg'r Coffin, The Dalles. A. O. Marsh vice Receiver Brown, Vancouver, Washington Ty. J. Jorgensen and T. H. Rooney, vice Morrison and Reed, Walla Walla. A. K. Osborn vice Register Knight, Bayfield, Wis. E. B. Saunders, vice Receiver Callon, Wausau. PRACTICE. ERGLER VS. WALKER. Appeal-Lost Rights.-Four exceptions stated to the general rule that failure to appeal from the decision of the local officers will be con sidered final. Rights lost by failure to appeal from the local tion 13, 24 N., 7 E., on appeal from your decision of June 26, 1882, rejecting the application, and your letter of July 5, 1882, to E. C. Ford, Esq., declining to review said decision. the Grecian Bend Gravel Mine, entry No. 247, in the Stockton, California, land district, from your decision of May 17, 1882, rejecting their claim for ten acres of land embraced in their application for patent. It appears that the S. of the S. E. Before passing to the matter in hand, I of the S. E. of Sec. 31, Tp. 1 N., R. 13 desire to ask your attention to the wellE., was among the tracts named in this established rule, requiring all official letapplication and in the final certificate of ters of this kind to be properly addressed entry, but, as published, the tract was de- to the officers having charge of the I have considered the case of Louis scribed as the E. of S. E. of S. E. records and disposal of the lands, and not Ergler vs. Lettie A. Walker, involving Publication of notice of mineral land to individuals or attorneys presenting apIt is tracts in sections 28 and 33, Tp. 7, R. I applied for is imperatively required by plications and briefs in the case. E., Deadwood Dakota. Secs. 2325 and 2329 of the Revised Stat- evident from repeated instances of appeal Both parties filed pre-emption declara-utes: the object being to notify persons recently coming up from matters contory statements, and after hearing, the having interests which might be adversely tained in letters to such parties, that many local officers found that Ergler had no affected by the issuance of patents, of of your subordinates have thoughtlessly valid claim to the land, and recommended their opportunity and right to file adverse drifted from the correct practice in this that Mrs. Walker be permitted to enter claims. Patents cannot properly, there- regard, and I deem it proper to direct a it. There was no appeal from this deci- fore, issue unless the land applied for is more careful attention to the rule in the sion, and it became final. (Weber vs. W. specifically described in the publication, future. P. R. R. Co., COPP, May, 1879.) Rule of or with such certainty that persons in in- The entry of Neubert was made several Practice 47 provides that a failure to ap- terest cannot be misled thereby. Publi- months prior to the survey of the townpeal from the decision of the local officers cation as to the E. of the tract in ques-ship embracing the forty acres now sought will be considered final as to the facts in tion was not publication as to the S., to be included, and at a time when settlethe case, and will be disturbed by the Com- and persons interested in the S. were ment upon unsurveyed land for the purmissioner only; (1st) where fraud or gross not required to take notice thereof. It is pose of making a future homestead entry irregularity is suggested on the face of the immaterial that, as claimed by appellants, thereon was not recognized by law. It is papers; (2d) where the decision is contrary this was a typographical error merely, be- shown that he knew such township to be to existing laws or regulations; (3d) in cause it was not, legally or in fact, publi- unsurveyed, and that he himself pointed event of disagreeing decisions by the local cation of notice of the ten acres of land out the four forty-acre tracts taken by officers; and (4th) where it is not shown applied for. Your decision was not, there- him at the date of his application, upon a that the party against whom the decision fore, erroneous. But in view of the prob- plat presented to the Receiver, the land was rendered was duly notified of the de- able fact that it may have been a mere being specifically described and marked cision and of his right of appeal. Except, typographical error, I modify your de- thereon with reference to and adjoining therefore, a case is found to be within one cision and direct that, if appellants shall his pre-emption claim of one hundred and of these provisions, I do not understand so elect, they may, within sixty days sixty acres, upon which he had just made that you are authorized to disturb, or in from notice to them hereof, under direc- final proof. any way interfere with an unappealed de- tion of the Register, publish a supple- It is further shown by his own testimony mental notice of their application for pat- and that of his witnesses, including his ent for said S., with the same rights attorney, who was a surveyor, and surthereunder, and the same rights to other veyed the claim, that he made no mistake parties, as if it were an original publica- in description; that he had at that time tion, provided the tract shall not then be no settlement on the lands; that the tract otherwise appropriated, or valid adverse in the unsurveyed township, besides being rights shall not have attached thereto; not yet subject to disposal, was in the and if such right shall not have attached, open and notorious possession of another you will withhold the tract from other person, who had cultivated a considerable disposition pending the time allowed ap- portion of it, having fences, and raising pellants for said selection. crops thereon. cision of the local officers. It appears that Ergler failed to appeal after due notification by these officers of their decision, and the case is not within either of the other three provisions of the rule. You concur with the local officers in their conclusion upon the facts, but the case should have rested upon their decision, without action by your office. The case is transmitted to this department under Ergler's appeal from your decision, but as held in Clark vs. Carter, (COPP, December, 1880,) such appeal can not restore rights lost by failure to appeal from a decision of the local officers which had become final, and is without legal effect. I think the case was erroneously considered by you, and erroneously submitted to this department, and is therefore dismissed. MINES AND MINERALS. ALVIN B. PRESTON et al. Publication Notice.-Patent cannot issue where published notice incorrectly describes the tracts embraced in a placer claim. In case of typographical errors, a supplemental notice may be published for sixty days-provided adverse rights have not attached. SECRETARY TELLER to Commissioner McFarland, April 5, 1883. I have considered the appeal of Alvin B. Preston et al., mineral claimants upon HOMESTEADS. NEUBERT VS. MIDDENDORF. Practice. All official letters relative to reviews and kindred subjects, should be addressed to department in cases of error or misdescription I have considered the case of John Neubert vs. Mary Middendorf, involving Afterward, on the 20th of December, 1880, one John C. Hammond, who in 1878 had filed a pre-emption claim, which inN. E. of section 18, alleging settlement cluded among other tracts the S. W. of February 15, 1878, made homestead entry No. 1519, for the same land, thus covering and conflicting with Neubert's entry as to this subdivision. This was five days after the expiration of the thirty-three months within which he should have proved up his pre-emption claim, and under the usual practice would not have been allowed to defeat Neubert's right. But, on being advised of the conflict, Neubert conceived the idea of floating his homestead, by dropping this tract and taking the forty acres in 13, 24, 7 E., the plat of which had not yet been filed in the district office. He accordingly on the 28th of December, 1880, filed his application to amend his homestead entry, alleging as a reason that Hammond had a prior legal claim to a portion of the land. This being returned to him for a more specific statement, he filed a second application some time in April, 1881. On the 19th of July, 1881, the township plat was filed, when the Register and Receiver took up his application and recommended its allowance; but before finishing their letter to your office, a preemption claim to Hammond has relinquished his entire the land was filed by Mary Middendorf, claim, so that there remains no conflict upon the land (S. E. ) and improved it declaratory statement 4250, alleging set- with Neubert's homestead entry as orig-ever since April 28, 1871, but is applicatlement February 15, 1881, accompanied inally made. tion was finally rejected by the Secretary by affidavits alleging still earlier settleof the Interior on December 15, 1876. It ment and improvement by herself and appears from the evidence submitted with one W. S. Stocking, her uncle, from SECRETARY TELLER to Commissioner Mc Far-your letter, that Muske, Sr., died on April whom she obtained the possession in land, April 16, 1883. 5, 1878, leaving infant children, and that 1880. Middendorf has not shown beyond benefit of the infant children of said F. question her right to take the land as a Muske, Sr., the S. of S. E. 4, N. W. 4 of pre-emptor; but as she will be required S. E., and S. E. of S. W. of Sec. 3 to do so when making final proof, and her -128-31. It appears from the record of claim not being necessarily considered in this office that Muske, Sr., applied at your rejecting Neubert's, the same will stand as office, Jan. 11, 1875, to enter the S. E. recommended by the Register and Re- of said Sec. 3, under the act of June 22, ceiver. 1874. He also submitted proof at the same time, showing that he had resided CALL VS. SWAIN. * * I have considered the case of Wilkinson Fred Muske, Jr., was duly appointed adminUpon these claims you ordered a hear- Call vs. Robert Swain, involving lot 1 of istrator of his father's estate, and now asks ing, and from the testimony the Register Sec. 15. Tp., 10, R. 23, Gainesville, Florida, to be allowed to make an entry in that caand Receiver reported in favor of Midden-on appeal by Call from your decision ofpacity for the benefit of said infant childorf. You affirmed their decision on the March 31, 1882, holding his homestead dren. Proof is submitted, showing that sole ground that the application of Neu- entry, as respects said lot, for cancella- the house built by Muske, Sr., was upon bert to amend his homestead entry was a tion, and awarding it to Swain. the S. E. of S. W. of Sec. 3-128-31, nullity because filed. before the plat of the I aflirm your decision, except that in-and therefore that tract is included in the township was filed in the district office; stead of cancellation, Call's entry, as re- present claim instead of the N. E. of S. citing Lansdale vs. Daniels (10 Otto, 113). spects the lot in question, should be held E. of said Sec. 3. The land now in I do not think that case has any neces- subject to Swain's showing compliance question is within the 15 mile indemnity sary application to an attempt to procure with the law when he offers proof and limits of the Western Railroad. Under an amendment to a homestead entry. payment. the provisions of the act (of Minn. Such amendment is recognized by the Leg.) of March 1, 1877, the Governor of practice of the Department to obtain the Minnesota, on November 21, 1878, and the correction of a misdescription in the origWestern Railroad Company, December inal papers growing out of accident or 6, 1878, relinquished the S. of S. E. †, mistake, clerical or otherwise, when the N. W. of S. E., and S. E. of S. W. settlement of the party is bona fide upon a particular tract, and he is in danger of losing his actual home and improvements. This is fully considered in Newcomb vs. Block, (2 Copp, 162), where the reasons are elab orated. Technical objections should not be invoked to defeat such right. HOMESTEAD COMMUTATION. Notice of Intention.-How a homestead entry- of Sec. 3-128-31, in favor of Fred Muske, Sr. COMMISSIONER MCFARLAND to Reg. and Rec., This case is not of that kind. Neubert was not mistaken in his first application. His entry covered the land actually claimed. He alleges that he afterward discovered that Hammond claimed the tract, and he then determined to avoid conflict with him, by relinquishment of forty acres, and setting up for the first time a claim to what he assumes was a vacant tract. But Hammond's declaratory statement was on file from 1878, and he should have known that he was claiming land covered by it. And it is clearly shown that he knew the land now sought to be substituted was not open to entry by survey at that time, and was in cultivation by others, both of which facts preclude the hypothesis of a mistake in his original entry. It was confessedly pure afterthought. If such amendment might be allowed by you as a matter of equity to relieve a conflict of Administrator-Entry for Infant Childrenclaims by taking a clearly vacant tract, it would be manifestly an act of executive discretion done in aid of the law which allows each claimant one hundred and sixty acres if taken without prejudice to another. But when the tract sought is improved and in possession of another who also claims it, there can be no justice in recognizing the claim for amendment, and your conclusion against the right to amend must stand. FRED MUSKE. |