The Placer herald., 1868-04-18
TAKING PRE.EMPT1oN CLAIMS.

We find that there are sill some persons
who think that the lands belonging to the
United States, claimed as mining or pre-
emp,ion claims, can be lawfully taxed and sold
and a valid title to the same passed 10y
tax deed. If such persons will answer the
following inquiries we will feel that they
have really given the subject some considers
alton. Under the Act Of Congress admit
ting California into the Union she is pre-
hibited from taxing United States lands
The pre.empiion laws Of the United States,
ax,ended 10 this State, authorize citizens OF
the United States to settle upon the pubic
lands. to file their declaratory statement OF
notice of presumption within ninety days at
ter the survey and fling Of the Township
plat embracing their land, and to prove up
their claim and make final payment before
the land is offered at public sale. These are
in brief the provisions of the United States
preemp,ion laws in force in this State. Now
suppose person settles upon quarter Sec
ton under these United States laws aud
COMPLIES with them strictly, and that between
the time OF his having fled his declaratory
statement and the Sine for proving up
and making final payment some silly Asses
sor assesses his presumption claim, and
il is sold for taxes does this sale invalidate
bis claim for his patent from the United
States government?
Surely not. The party holding the Tax
deed cannot pre-empt because the land de-
partmen.s recognize no claim but first set'
Element. You cannot purchase at private
sale from The actual occupant right 10 pre-
empt public lands, much less do SO under
tax deed under the sanction OF State law.
Will, or does, Register or Receiver Of a
United States Land Office permit tax deed
to be plead against a pre-empt'on : VI
course not. Will the United States permit
the State to nullify her latd laws, violate a
solemn contract between her and her citizens
or rob her Of her right to dispose Of her own
property in her own wayl No sir. You can
sell the pre- emptor out as often as you please
and be will 60 on, perfect bis claim and obtain
the United States title, and upon this title
will 90 TO the Supreme Court and 1t will
nut him 10 possession though you hold a
thousand tax deeds against the land while
the title was 10 the United States. Our Su-
preme Court has never rendered decision
multiplying the presumption laws OF the Gem
eral government nor any other decision that
vii. Justify the taxing of United States lands,
and it uever WILL and those who contend
i. has, have much to learn yet
That possessory claims under the State
law-we mean the mere right OF possession
not the land, can be sold, but these pos
sessory rights and the State law under which
thew are held, both, expire under the terms
Of the Statute itself, as soon as the UNI ed
States Surveyor takes possession in the name
of his Government. From that date the set
tier has nothing to do with the State or the
State with him so far as the land he
claims is concerned, until be has obtained the
final title from the General Government.
Our cotem. who is eminenty sound on law
questions =! is quoting Supreme Cour, decis-
ions on possessory claims instead Of pre-.
emption claims. Why, my old FREUD, there
is no such thing as a possessory claim on
survsved lands. We wonder if our Asses
so,s have their instructions from law off.
GERS who don't know the difference between
a possessory claim under State law and
presumption claim under law OF Congress.
BEAT AGAIN. There is a so.called Dom
ocra,io paper at Sacramento that supports,
protects and defends" all the Tide Land,
Railroad, Gorham swindles, as against the
Democratic masses, especially where the Di'
rectors and principal movers in these swind.
ling bills are double distilled black Republ''
can Mougres. The chief editor, it is under
stood. Of this 'pinto" sheet is an adept at
demonstrating bis principles. especially
when public pap is in smelling distance
This amiable gent tried his hand on the
cba,teriug little Orangeman, U. S. Senator
from California. but it was no 60. johnny
wouldn't trust him as loyal, reliable mon
prel. A very excellent, honest and prom''
peut man in this State was likely to have
some patronage that could be made "fat" to
bsstow. and Immediately up went his name
for President Of the United States. But
Col B. F. Washington, Il. P. Coon and
Greed Raymond were appointed Tide Land
Commissioners
Appo1NTMENT.-Gove Haight has sp-
pointed James NJ. Allen Adjutant General
Of the State, vice Gen. Evans, removed