The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1860-09-22


authorised by the Government Of the United /
States: aud no deputy surveyors can be as. /
pointed hy the United States Snrseyor General I
Is survey any portion III this Territory. With.
out that authority. In reference 10 the CON Il
mission you now claim 10 hold, under an Az. /
pointmentof The probate Judge Of your county |
and other matters concerning the legality oft
the surveys you have made. or may hereafter
make under that appointment, i will briefly |
give you nv opinion and refer you 10 the |
laws on which that opinion Is based 't
On The s5lh Of April, 1s6O wrote TO the
Commissioner u the GenerAl Land Office. en-.
closing him copy Of the foregoing eesres
pondenee, with copies q all tile PAPERS sent me
Eby Mr. Rector. soliciting further Instructions
in reference TO such surveys; and settlements.
upon public lands, before being surveyed under
authority Of the United States. The Commits.
aioner responded 10 my letter under date ef3
July 2. 1869. ] make the following extract
from his letter, which commend 20 the peru.
sal and considerations 81 all who may be intsr-
Essted therein: .s5.. .l.s
I'm the first place snch surveys are in direct
Violation Of law, with forfeiture Of even acoior
Of claim BY reason Of ilegnlity, as will be found
| upon reEerenae( 1st1 ~ an act II Congress APP.
1 Dr0Sed March 81. IS97 ~ u. y. Statutes Vol 2.
/ pages 4l5. 4l6 declaring that .,any person
who shall survey, or attempt 10 survey, or
cause 10 be surveyed, any such lands or desig-
4 fiato any boundaries thereon by marking trees
Tor otherwise until thereto authorized hY law
shall forfeit all his or their right title and
claim iTnny he hath, or they hays, 10 the
Hands aforesaid, which he or they shall have,
taken possession Of, or settled; and the 4tlI
stctfon OF the same act declares Ii lawful for
i the proper marshal or officer actinS as marshal
Il pfdar.suelI INSTRUCTIONS as may feg that pur.
II pose liz given by the President 81 the United
4 States to remove from The lands af0resafd ANY
4 and syery person on persons, who shall be;
found on the same and who Shall not have
I5ohtained permission % remain thefeoni pre-.
II yided that three months preyious notice shall
lie given to all such persons who were settled
on such lands prior 70 the passing Of that act,
d and everv person who shall, AZ any time alter
the EXPIRATION Of three nIsnths after such no
Il tica shall have been given, be found on any
part 0f the funds aforesaid, shall iuclsr u pen-
Il atty Of one hundred dollars. 10 be recovered IN
fany court having jurisdiction of the same, md
be moreover liable on conviction 10 hnprisuIi'
ment AT the diScTetioiof tllecoutt, not eAceed-
4 ing six months. : f.i.= b .
s,2nd. Any Territorial laws OF Utah or acts
q in regard 70 surveys pursuant 10 such laws,
are in violation OF the 30 clause of the 9Th
article q thf fsYss and a.e,Ges
n respecting the TeTritory or other ntonerty
of the United States, Tho Constitution and
i LAWS being extended over Utah by the l7fh
section ot the Act Of Congress approved Sent
sth, 1850: Y. ), Statutes, vol 0; page 45S, sc.
/ I'd Sept. 8 1860 s: .. =@ss- F.:
j - You will cause the purFort OF The foregoing
to be made known 10 all whom II may concern,
i stating that lis the exclusive province OF the
Department. ind the Surveyor General II Utah
acting under our direction, 10 attend 10 ali
tsurYeysin Jour District''' !. T. !.
In reply to my suggestions respecting the
EeStensidn of public surveys into. localities
i where new settlements ale being made, and
the opening of u land Office for the sale Of
lands already surveyed in this territory. the
HONORABLE Gommtssiouet, in the same letter.
Says; 4 n, ..;S i ::
I'VE have already recommended 10 Con.
gteSs the organization OF Land District in
Utah. and your suggestions respecting the
extension OF surveys will be considered when
we are IN possession Of data from YOU showing
the demands iorpernanent settlements. -. :
! MINERAL LANps@--I have also received ii com.
mnnieation fram the Commissioner of the
| Land Office da'ed Aug 10 (uItimo) instructing
me in reference to the appropriations of certain
mineral lands by settlers on unsuryeycd 60,
vernmemt lands, in answer to my letter Of
10Th January last, enclosing copies Of reports
made to me by Messrs Kinblil & Spfaeut.
/ claiming coal mines on Chalk Creek, and by
Hon, G. w Wandell in reference to the disco.
very and occupancy Of lead mines In Beaver
County. Upon the legality of these. settle
ments the Commissioner says: .- -, i. -.
/ The Views Of this Office, shelving the lille.
| gnlty of the surveys of government lands by
t'other than the u. =; surveyors, were culnmn, !
nicated to you In my letter Of the 2nd ultmo.
and they apply to the Illegal surveys Of the
half section Of land embracing the coal mines.
which are the property Of the United States,
The foregoing extracts, from Law and De.
lpartment Instructions, are Published for the
beneft OF alt who may have made, or are
about to make, settlements on lands in this
territory which have not been surveyed under
anthority of the U, States When lands are
required for permanent settlements, applica.
ton should be made 10 this Office for their sur
vey. under the laws of the United States all
other surveys, or settlements under such sur.
/ veys, are made in violation Of law IufarIna
ton upon every thing oonnscted with the sur
/ Fey, and settlement upon government lands,
will be promptly and satisfactorily given to all
interested, who may apply at this office
! FL. g. s, SrANHAraH, ~
t.. - - Survs yor C5Sn1U. +:
] &C; T-=- - -