The Council Bluffs nonpareil. [volume] (Council Bluffs [Iowa]) 1857-1867, 1857-05-30
0n1ERRAI LAKD OFFICE,
JANUARY 7th. 1857,

| GENTLENEN A letter was received o
! this Office from the Hon. John Allison, il
which he states that in the month of Janua
ry, 1856, he located ut your Office Militar,
Bounty Land Warrant, No, 2,730 for 81
acres. hare been sincc advised that som'
difficulty may arise ii tho issue of paten
FROM the fact that the location was made a
two cents per acre over the minimum Of 81.
Is which excess was paid by him in cash
find on examination Of the returns of War.
rants under Act of 1855, located at your
Office in the month Of January, 1856, that
the above described warrant was located on
the 2lst day of that month, in the name of
John Allison, on the w. 10 of the N. E.
|. IL of Sec. % 7. "a, N. r. % w. and that
an excess Of two cents per acre amounting
l to 81 20, was paid per Receivers receipt
, 8,64l. 1t thus appears from your official
returns that at the time Mr.. Allison made
application to locate the warrant, some
. other person had also made application to
enter or locate the tract upon which Mr..
Allison desired his location should be made,
and that said tract was consequently offered
by you to the highest bidder under the 9th
Section of the Act Of April oath, 1920, Stat
ute at Large, Vol. 8, page 527. (
This being the case it would appear that
the difficulty alluded to by Mr.. Allison grows
out OF an error committed by you in receive
ing warrant issued under the act of 1855.
in satisfaction for a tract of land disposed
OF at public sale between two bidders. and
at price exceeding the minimum of 81 rs
per acre, in violation of the 9Th Section of
the Bounty Land Act Of March 5th, which
provides sthat no warrant issued under the
provisions Of this Act shall be located on
any public land, except such as shall at the
time be subject to sale at the minimum or
lower graduated prices" The fact that
the tract in question was disposed of at ST.
q per acre, shows that YOU must have Of
fered it at public sale between contesting
applicants; in doing which, you at once With
draw it from the class of lands subject to
entry at private sale at 81 rs per acre, On
the lower graduated prices, on which lands
alone can warrants under the Act of 1855 be
located.
Under these circumstances and in view of
the fact that your Office is now closed
against the entry or location of lands under
the instructions of this Office of the 18th of
May, 1856, Mr.. Allison asks what relief can
be afforded him by this Office in the case.
After full and careful consideration of
the whole subject. have decided that in all
caess where such locations have been made.
and an exesss in price paid prior to the with
draWal of tho lands from tf1s,s market the
tr..ces so located were not within the con-
temptation of the instructions for the with
drawal of the lands then vdnQnt from mar
ket, and that the persons who made such
locations in good faith and without notice
from the officers, thus warrants ISSUED under
the Act of 1855 could only be located on
lands subject to sale at $l.25 or less per
acre, should be permitted to pefect the en-
try made by them by withdrawing the war
rant and paying in cash for the tract or
tracts so entered at the price per acre agreed
upon at the date of the location.
The location made with warrant No r.
I3O has therefore been cancelled on the
books OF the office, and the warrant is here
with enclosed in order that you may advise
MIR. Allison that he will be permitted within
sixty days from the date Of such notice to
surrender the outstanding certificate of To-
cation, withdraw the warrant, and pay for
the tracts at 81 81 per acre, deducting the
81 go already paid by him.
. When the proper amount shall have been
paid to the Receiver, and the transactions
thus closed, the Receiver will credit the
United States in his account for the month
and quarter with the amount then received.
and issue his duplicate accordingly, which
will be attached to the receipt for $l,6o
already issued. The Register will enter the
sale on his abstract of sales for the proper
month as sale made on the 2lst of 3anua-
ry 1856, but perfected under instructions
from this Office, and refer to this letterhy its
date. Very Respectfully, your Obe6ient
servant.
THOS. A. HENDRICKS.
-.g.....s.. ... 49, il Commissioner.
Register and Receiver. Fort Des Moines