The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1860-09-29

4 my manu- hhd seal THIS uay and year first above
written tsignedl r. g RRcroH fScall
Il County surveyor.
Unanswered DIR Rector's letter on the day il
was recsiyc,l From that answer, dated April
e, 1851, make the following extract Via.
/ In reply to the hboye Inquiries. / have Il
say that pussess no power ID grant any ~ tI,e
requests, % comply with any of the wishes,
contained IN your letter There has not been
any surveys Of public lands in Carson Counts
i authorized BY the Government IL the United
states: and no deputy surveyors can be ap.
| pontedby the United States Surveyor General.
tostirvey any portion Of this Territory, With.
out that authority. In references TO the com.
mission yoa now claim 70 hold, under an APP
Pelntment OF the probate judge ~ yOtIF county.
and other, matters concerning the legality 81
the surveys You have made or may hereafter
make, under that appointment will briefly
give You my opinion, and refer you To the
laws on which that opinion Is based q
On tile 18th 81 April, 1850. wrotesto the
Commissioner of the General Land Office, en-
dosing aim d copy Of the foregoing cores
pondence, with copies Of all tbs pppcts sent me
by Mr., Rector, soliciting further instructions
in reference 70 such surveys, and settlements
upon public lands. before being surveyed under
authority of the United states. The commits.
sioner responded to my letter under date IL
July p 1860 ] make the following extract
from his letter which / conimend 10 The peru.
sci and Reconsideration II an who may be inter-
estod therein; L I: ,5.5 4. .... s=5 ...
In the FIRST place such SURVEYS are In direct
violation Of law, with forfeiture Of even d color
Of claim by reason OF illegality, as viii be found
upon reference tlstf to an actof Congress ap-
proved March D, lSe1-4U IS Statutes, Vol 2,
pages AS, 4i5-4dcclating that ,iany person
who shall surveyor attempt to survey, or
cause to be surveyed, any such lands. or lcsig-
nate any boundaries thereon BY marking trees
or otherwise, until theTet authorized ny law !,
shall forfeit all bis or their right, title and
claim, If any he hath, or they have. 70 the
lands aforesaid, which lie OF they shall have.
taken possession ef, OF settled:' and the 4th
section OF the same act declares ii aiawfil for
the proper marshal o. officer acting as N arsbal
under such Instructions as may for that purSa
pose be given hrs the rteaislent If il1e United
States, 10 remove from the lands aforesaid any
end every person Of PERSONS, who shall be found
on the same and who shall not have obtained
permission TO remain thereon; provided that
three months previous notice shalt he given to
all such persons who were settled On such leufs
prior to the passing of that act: and every
person who shall, at any time after the expira-
.honat thtee months. after. such notice shall
have been given. be fonnl on any part Of the
Lands aforesaid. shall incur apcnaHy Of Que
hundred deFsafs, to DO recovered in any court
having jurisdiction Of the same. and he more
over latle on conviction to imprisonment at
the discretion Of tile court, not exceeding six
months. . 4 s,.. !. i, =
.f2hd; Any Territorial laws Of Utah. or acts
in regard Ia sulyeys pursuant to such laws,
are in Violation Of the sd clause Of the 4th I
article Of the Constitutions. Which provides
"tllat GOngfeSS shall have power b dispose oil
and make ali needful rules and regulations
respecting. this Territory or other property Of
the United statos,'t the Constitution and laws
being extended over Utah by the 18th section !
Of the Act 81 Congress approved Sept 9th,
1850: U, s, Statutes, vol, O. page Ats, Sc
tAlso. see 9th section Of Organic Act, approved
Sept; 9, 1850 ...-. '..~.'' Ill. -. !
=, You will cause the pnrport Of the foregoing
to bemade known 70 all whom ii may concern. 4
stating that il is the exclusive province OF the !
Department and the Surveyor General Of Utah
acting under our direction, to attend to ali
Surveys in your District, - -.
In replyto my suggestions respecting the
extension of public surveys into localities
where new settlements are being made, and
the opening of land office for the sale Of
lands already surveyed in. this territory, the
honorable Commissioner, i'll the same letter,
says: :.
ave have already recommended TO Congress
the organization OF a Land District in Utah,
nd Ia,
of surveys viii be considered when we are in
possession OF data from You showing the de. ,
mahds for permanent settlements. ~
MISERAb LANDS, Il have also received com
munication from the Commissioned Of the
Land Office, dated Aug 10 Cultimo}, instrncting
me in reference tolhe appropriations Of certain
mineral lands by settlers OH unsurYeyed gov
eminent lands in answer to my letter Of 10Th
January last, enclosing copies Of reports made
to Inc by MessFs, Kimball 4 Spqgue, claiming
coal mines on Chalk Greek. and by Hon. G. W.
WandelI in reference to the discovery and oe.
cnphncy OF lead mines in Beaver County. Upon
the legality of these settlements the Commits
sioner says: -: ~ ..':...-@
| The views OF this ellice, shelving the He
gatity Of thc surveys OF government lands by
other than the U, 5. surveyors, were comma
nicated Ia you in my letter Of the 2nd uldmo,
and they apply to the illegal surveys OF the
half section 81 land embracing the coal mines,
which are the property Of the United States
The foregoing extracts. from law and De-
partment Instructions, are published for the
benefit of all who may have made, or are about
to make. settlements on lands in this Terrific.
Ty which have not been surveyed under autho-
rity of the U. States. When lands are required
for permanent settlements. application should
be made to this office for their survey, under
the: laws of the United states-all other sur
yeys, or settlements under such surveys, are
made in violation Of law. Information upon
every thing connected with the kuEYsK. and