The Placer herald., 1870-05-07

LANDS IN THE FOOTHILLS.

We have received the following letter
from Senator Eugene Cassery, and the ac-
companying answer from the Comm ssioner
Of the General Land Office. This corlespon
dence bears directly upon one Of the most i'm
por tant questions affecting the interests Of The
people residing in the foothills Of ,bs Sier-
ras. the correspondence explains itself but
we will refer to the matter ediiorially iu fu-
lurs numbers Of the HEnALD:
WAsHISoroN, April 10th. 1870.
JosEpu WALKuP, ESQ. Dear Sir:-l
send you letter Of the Commissioner Of
the General Land Office 10 reply to one
from the in which made the inquiries men
toned by him 10 regard to a certain class
Of lands in the foothills OF our State. As
you will see the Comm issioner decides tha,
the lands in question may be taken up un-
der any Of the general laws for the dispo-
siiion OF the public lands. as homeste ads, by
pre.emp,ion or otherwise. enclose also
the circular OF instructions upon the Subject
issued from the General Land Olfirs here
to the Registers and Receivers 10 California
Letters received by me make me believe
4his information ~ilI l.s acceptable 70 many
in our Stale Very truly, etc,
EC0xNx CAssERLy.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE.
HON. EUGENE CASsER,Y. u s. Senate Sir -
have the honor TO acknowledge the receipt OF
your communication OF the 10th instant, ia ref
erence TO the opening TO settlement 0tcertan pub
lie lands in the foothills in California, peculiarly
adapted TO the culture OF the vine and other
branches Of agriculture, bIt which you say have
always been withdrawn as mineral lands. and
still are, though they have become exhausted and
are no longer vol ked aud as to the necessity OF
further legislation TO that end. In reply l have
the honor /" state as follows:
he nerdict to settlements or locations on
mineral lands, under the provision OF the 9th
and 1th sections OF An act TO provide for the
survey ot the public lands in California. &C."
approved March 3rd, 1853, volume 10, pages 246
aud 247, was modified by the 10th and lth sec
tions OF the Mineral Act. approved July 26tb,
1866. United States Laws, volume IL, page
253.
Under the latter statute, instructions were is
sued 10 the Land Officers on the l4,b oil January
1867, to the following effect:
"SEcTIoN TO- Homcsteads made prior to the
passage Of this act by the citizens of the United
States, or persons who have declared their in
tention to become citizens. but on which lands
no valuable mines OF gold, silver. cinnabar or
copper have been discovered, are protected so
that settlers or owners of such h0mesteads shall
have right ofpre emption thereto. in quantity
not 10 exceed one hundred and sixty acres, at
SIPS per acre. or 10 avail themselves of the
homestead act and acts amendatory thereof"
SECTION IL s,pulates 'that, upon the survey
OF the lands in question, the Secretary OF the
Interior may set apart such portions are clear.
ly agricultural" and thereafter subjects "such
agricultural tracts to pre- emptiou and sale as
other public lands"
In further explanation Of the foregoing pro-
visions OF the Mineral Act, instructions were is
sued TO The Surveyor General, May 18th, 1868,
and the District Land Officers were furnished
with the same for their guidance.
From the foregoing. it will he Observed that
80 far as the foothills in California are cOn-
cerned which had been considered. prior to the
passage OF the Mining Act OF 1866. as mineral
lands. but which had since become exhausted,
rs no longer TO be valuable as mines, there is,
in the opinion OF this Office, no necessity OF fur
thcr legislation. in order to authorize the extern
sion OF the lines o: public surveys over sue h
lands, as under existing law and Instructions
from this Office 10 the Surveyor General, the
foot hills, which ceased 10 be more valuable for
mineral and became agricultural lands, may be
surveyed and filed upon under the pre- emption
or entered under the homestead law, or disposed
OF as any other public lands, conform .bIy TO laws
governing the disposal OF the public domain.
Very respectfully,
J. 5. WILSON, Comm issioner.