The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-07

land lying on the bay Of Ban Francisco opposite 70 this
After Abiding to snlm.aversop mon their course In
the matter the Commissioners that In the hurry of
preparing to leave for Los Angeles they only time
TO that the claimants in their petition TO the Board
ernor Sofa made the sixteenth of August 1890 and
ferred to the royal regulations for the government Of
Governor TO make It, [Ialeck's Reports Appendix No
81 That the land called San Antonio described In
the petition as containing unknown quantity, and as
bounded on the north by the rancho OF Castro on
the east by the mountain range the south BY the
creek Of San Leandro and the west by the coast OF the
bay OF Ssn Francisco that NO evidence was produced
that the land had been surveyed that the counsel
for the caimsnts and tbeaw agent stipulated in writing
for the purpose of hearing that the tract claimed
from twenty five TO thirty miles In length along the bay
and ten miles in width making from $50 to 500 square
miles, being more than three times the quantity that
could have been granted to any one party ander the
Mexican colonization law of 1924 That In of the
papers connected with the grant is the land spoken Of
containing than five leagues and in Of them,
scrpon Of the land Is indefinite and obscure other
than the northern and southern boundaries being men,
toned In Of them that 1t appeared fom the papers
that the order of Gov Sola Of August 16 1920 under
which the petitioners claimed revoked in part with
in few weeks after 1t De- and the partys posses
sion curtsiled by removing the northern boundary
league and half further south; and that for this
strcttd boundary Governor Soa issued certifying doc
ument Of title, October ls 1922 being the only title
given by him that the claimants now produce (but
the existence Of which the public archives furnish
evidenced paper purporng to be decree Of Governor
Arguello made June 90 1928 by which the league and
half Of land taken away from Perata by Soa ordered
to be restored to him. that In 1874 the claimants petit
toned Governor Mcheltorena without mentioning the
Arguela title for confirmation Of the land given him
by Sofa that the petition considered and acted
upon by the Governor and acondrmsory grant issued
to the claimant limiting the quantity Of land to five
square leagues that this title paper which Is doubtless
in the hands of the claimants not producsdn that
the majority Of the Commissioners ''wsrs satisfied,
upon the evidence thus produced and in the
the title to such extensive tract Of land,
but desired survey and further proof for which one Of
81 Soo
titles for the year 1884, showing that the conrmaory
grant to Perala issued by Micheltorens to the
department by the Commissioners in ustihc of the
important cause
ia the civil aud diplomatic appropriation act OF the
31st August last Congress have conferred authority
the Surveyor General and made appropriation for the
survey Of private claims In California which have been
presented TO the Land Commissioners In good faith with
Limitation that he shall apply the appropriation only
to such unconrmed in the gradual extension OF
the lines Of the public surveys ne shall ma within the
fled ought to be respected and actually surveyed in al
vance of combinations This provision of law, 1t is
pected viii be the OF relieving the country from
much embarrassment, by preventing conflicts which
hight arife by the survey ss public property OF lands
that should properly be held in reservation until the final
adjudication shall have been had and hereafter in sach
claims may be ultimately held to be invalid 1t will be
quito easy oexend the lines Of the public surveys over
them and connect the with the contiguous surveys
In the law Congress has further provided for
associate law agent for California learned In the law and
skilled In the Spanish and English languages; and with
this additional aid it hoped the Commissioners will be
able to the business to them ami bring
their abors to q close as speedily as possible.
beg leave to invite the attention Of Congress to the
scertaDrg and settling any private rights which may
be duty to recognise in Oregon In view OF the spu
laons in tbs treaty Of 18th August ls4e at Washington
between the United States and Great Britain.
In prosecuting the public In that territory this
office under the Of prescribing general rule
for the Of the Surveyor in order that
he might avoid far practicable, any interference
with valid rights. The act on Of that officer, how
ever in the matter in the Absence Of legislation must
fore must again advert the subject in the hope that
proper legislation may be had at the present session. in
should not avail itself Of the right Of
purchase recognized in the treaty.
The duties Of the private land claim branch Of the SER
vice extremely intricate and By reason
of the enhanced value Of property generally throughout
the country conflicting interests arise and perplexiDg
questions OF law and OF fact constantly coming before
the department for examination and decision often in
yolying interests to immense amount and when such
progress shall have been made by the tribunals const
tued Tor the dudcson of private land titles In Cali
forIa will bling them before the General Land office
for its examination and dentive action in the way OF
isung United States patents for the same our labors and
responsibilities Will be seriously increased in this branch
of the The attention Of Congress Ia called to the
recommendations heretofore made for such legislation as
will authorize this flee under the direction 81 the Pre-
sden 10 survey and dispose Of lands reserved for null
originally set apart has bsen accomplished hume
reservations exist and Ia tances present
OF large bodies OF land BY the act of 1910 the Secretary
of War II authorized to sell abandoned military
yaons but there is no authority any where TO dispose OF
land reserved for naval timber The expedency Of hav
ing uniform system 10 the whole matter has baen SO
fully Explained heretofore and Is evident that further
remark If deemed unnecessary.
The surveys OF the public lands In several OF the States
have been closed and the archives of the Offices Of the
Surveyors General have been turned over to the officers
tho
Of the act of 18th June 184o similar will soon
have to be adopted with references to Of the other
States and in all such cases the power to sur
vey, re.survey, subdiyide lands, ceases when
the Office of the Surveyor General Is thus abol-
ished In fact, it is right and proper that this
pense the public lands should be sbsted speedily
as 1t properly be done Daily experience hoSever
evnces tie Decesst. for the continuance Of this
the public lands until they all disposed OF and
the only proper and economical that seems
cxpedient and practicable is to place 1t In this office
This would obviate all inconvenience that arise
abobng theoces Of the Surveyors General under the
act Of $780, and secure 1T nominal expense all the ad
vanags that could accrue from their continuance under
such Gil cumstances
beg leave to call your attention to the interesting
ports Of the several Surveyors General herewith sub
mittcd showing succinty the extent of the operations
Of tibet branch OF the service during the past yearthe
pres condition Of their districts and the surveys pro-
Toted for the ensuing Their office labois, IL will
be perceived have been rendered extremely by
the selection Of the swamp and overlooked lands aud
amraons In relation TO erroneous and defective surveys
The work. however, il progressing satisfactorily, and
strenuous efforts have been made to bring 1t 70 close as
speedy IL be done with due regard to the pub ic
in crest
As the sales of the public land progress in different
Offices the necessity arises or consolidating districts
provided for by the act Of 18th june 1S40 and for
moving the Land offices to be convenient to
the untold portions Of the district Some Of the recent
laws contain provisions authorizing the President to
the Land Offices from time time, the necess
ties and convenience Of the public may require and
there Is The same necessity all like cases for the exer-
else Of this power recommend that general provision
OF law be made TO that effect.
III. adjustment of the grant II swamp and overlooked
lands made by the acts Of "a March s49 and 2sh Sep
tsmber 1860, has progressed slowly, notwithstanding
great diligence and activity in the force engaged It.
The rejection Of the lands embraced by these grants
entrusted to the Surveyors General Of the several States
where those Offices existed and TO the registers and
ceivers Of the land districts in those States where the
Office of Surveyor General had been abolished The rea
son for this course was hat the Surveyors General had
to all the field notes aud the land officers to all the
descriptive notes whereas except Of few Of the States
there not complete sets Of either the files OF this
Office 1t well understood that many Of the lands
had been surveyed in very dry seasons, when the
ground frozen aud hence the field or descriptive
Loss would not indicate all that were of the character
embraced by the grant In cases OF this kind the OFF,
authorized to receive and act such RESPONSE
bic Gnd reliable testimony should be produced by the
rf tha No haya