Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1866-07-27
LnnaTi,re ouie,inK.


When the bill TO quiet land titles in
California was before the United States
House Of Representatives. Nj. Ashley,
Of this State, moved the following amend.
ment : y
Add to section seven the following:
And provided further, That whenever
any just and valid claim to land in the
State Of California, by virtue ofor through
any grant or title derived from the Mexi-
can or Spanish Government, the genuine
expediente or evidence relative TO which
grant or title is contained in the Spanish
archives in the custody Of the United
States Surveyor General for Californis,
shall not have been presented to, examin-
ed, and decided upon BY the commission
created BY the act Of Congress, approved
March 3, 1851, the grantee or his assigns
may, at any time within six months AFTER
this act shall have become q law, present
q petition to the District Court Of the dis
trict in which the land claimed 10 situated,
praying said court to decide upon the
validity Of said claim ; and thereppon the
same proceedings shall be had IN SAID
District Court in relation to the hearing
and decision Of said claim, in all respects,
as though said claim had been presented
to and decided by the commission createo
by said act adversely to said claim, except
that no transcript Of the report OF said
commission shall be presented to the DIS
trict Court, and the same appeal may DO
brought from the decision therein, and the
same proceedings had for the hearing and
decision thereof as is provided by said act:
Provided, hotoeper, That nothing IN TINS
act nor any proceedings under 1t, shall
impair or affect the right or title OF any
person or persons, their representatives OF
assigns, who have acquired any just right
or title in said lands under the pre.emp.
ton or homestead laws Of the United
States.
Mr.. Ashley, OF Nevada-1 have but
little to say upon my amendment 1t con
firms nothing in the way Of land titles II
says simply that they may be taken before
the Courts, so that the final decision o.
the United States Supreme Court can o'
had upon it. And II their title Is held e
be good. it Is good against the unitec
States, saving the rights Of settlers upor
the land. And I hold that this is q pro
per amendment.
Mr.. Garfield desire to inquir'
whether this amendment, If it be adopted
will decide. one way or the other, case
of contested land titles now pending II
Courts.
Mr.. Ashley, Of Nevada-It will not.
Mr.. Higby-It will revive cases growinI
out oil the old Mexican grants which ar
now outlawed. It will carry those case
again into Court.
Mr.. GarReld-What I desire to ascer
tain is, whether this amendment will affec
titles now In litigation.
Mr.. Ashley, Of ,Neyada-It will no
affect cases now pending /; but it will re
open for adjudication eight or ten caset
the records Of which exist in the old ar
chives. ,
Mr.. Wilson, of Iowa-Will this amend
ment reopen the Miranda casei
Mr.. Ashley, Of Nevada 1T will; but
say to the gentleman w
MI. Wilson, of1owa-I had occasion
as q member Of the Judiciary COMMITTEES
to examine the case, and 1 think it ougt
not to be re.opened.
Mr.. Ashley, Of Nevada-As to that cas-
I will say that the lands on that ranch
have been settled as public lands, and tn
rights Of the parties, so far as they haS
been acquired under the United State
are protected by this proviso.
) Mr.. Wilson, Of Iowa-From my eS
/, animation Of that case, I am satisfied thl
this Congress should take no action whic
will reopen that controversy. I do ne
know anything about the merits Of tn
bill ; but / am satisfied that that cas
should never be re-opened.