, 1870-07-30

Tue following letteE from the Hon. !. s.
Wilson, Commissioner Of the General Land
Ctfice. is forwarded to IL hy Hon. L. +. Asker.
l.tgi.ter Of the Alexandra Laud Office. for
publication. ltre!aten 10 tue provision Of law
~ interpreted ty the Secretary Of tho Interior
requiring eettfers upon unsuryeyed lands to
tile within Elk mouths after the survey Of tho
land, and 10 pay for the same wi,hin twelve
months after such filing, or forfeit their
clsims. Mr. Wilson's letter shows that this
vas =, provision Of special act,
doas"e, and Vas 50 o. construed true ps II the Gsnersl %
Laid Oticc. For period Of eight years it
was thus held to be special law. applicable
to Colorado alone. when all of sudden, in
Mafct, Last. the Secretary Of the Interior took
it into bin head to give i general application.
nleg1ug judicial decisions as the basis of his
ruling. lie seeus then to have discovered
that Lis ruling would intsict great hardshtps
on our lrtntier settlers, ami Immediately after
the promu)gation Of his circu1ar, had bin
drawn TO obviase tic diff ,llty, which,
howcses. it seems, fai'el to pass;
| tied for eight years on tho construction
Of tue provisions wl,icl, confined it 10 Colora-
ta.', il - difficult to What sreria1 nccessi:y
there was fer the Secretary for insisting all 1t
| oEee on giving it new anil oneTons cor@tr,lc-
sioa, the Asrdst1lie Of which lie admitted to !,e
| 20 crest as to require special act OF Congress
to relieve the settlers OF the burden. ,ml,sed.
/ 1t il not easy 10 see why. in face Of uniform
! ,,retc,ient. he should i1,$ist giving imaiedi-
ate en ct 10 AT injurious chanSt il the atcapt-
cd construction OF the Law, svilen, by waiting 4
| few mouths longer, he could probably have
| njtanta frum tougrees snth Legislation "a
! would render il unnecessary.
The following IL Nr. Wilson'S Letters:
/ DsrAR1AEST or TUE tNTERroR.l
! GE*E,:a. ls,n p OFFICE, July Is, is''-
htI5F m
letter flt'! by Eou this morning, ffnM l. Il. .Aakef
Es. ttts'tr of the h,.sEtc1 iau.l Dllce. 1t Alex.
an"rs, y tnn.so:@, .!ahsl 1st instant, and urg1nu
uInI1 attention The h1I.lshtp1 Ut Ult ciFcul4s
| OF MarCh - 1870 Copy cncsostt.
IunplS have ta stale that the provision 0l
which s:I. Aakcr complains are MI - rulings" q
thts t!cc, ta stated ?y him. hut positive rroy
suns Il! law, Set foTsh specifically III the '' ATT o.
anHc =, 1852. copied tn said circular.
In ctn*cqrenct II this harishtr tsa'.trtns se:
outh- after SURVEY IN tho uc artl to ;tay for tht
iaths within twelve months after sHch ding o
tortc' iE,lr Claims a.:l IN consideration Ut th
| Territory VI Calarltio, more general act harlH:
pas:e,! tn the 31,h at May pEev!oEs, this ust1e'
III, rtsd ercstfHetinn which nell this provision
| ii 11x aS r>lnHt4i i0 that 7eFriterN
But fhr question WAS frequently pressed as 10 IL
nerHt application, AMI tts force WA reiea.e'i
te1a:t.l III The courts without limitation: a,l, Il
last, hv DECISION Of the Honorable Secretary o
fs fatt1ur, the acr declared to tc OF gr.le.a
anrt.tatt1h, y set fnrth In said rtfrular. Whicl
was lstIA:r'! IN Hrch7lance with sHch acctslan.
| You Will thus observe that W1aterer Of haysl
| ships ntAy ee eMi.raced tn these requirements /
the 1is,ct result uf tar. and not 4 consequence 0
| 1Af.l.e* h.. The department.
.Astn!t:lI- this hardship. anil with vicw ID oh
stasc Il. s!ll, easefu!!s ans! tas,esately t..awi
mas immediately prepared after the prouluigAtol
nf It'll. circular, a:l was y nur lester If May l.
1T. tnzwanltt! TO HIM. :. L. pnnerny. Cha'rma
vi thc Scllart Cor m!tte on thu Public Latlis. AIT
lis passage earnestly recommended. .
MS hill cayrrrt1 the entire subject OF ''pr
J enpttuus, AMI was, In my }nigment. well ca!rr
lated to secl;Tr the interests, both Of the GoEttn
! sntnt asa.l the settlers.
| It fstlt4', however, to plss. Another measure q
relief as introduced, but this office Is not gel a
ytset whether II became law. .''....
| We arr. therefore. unable 10 aynta the haEi
th,rs a!'ai!sf 10 by Nj. AaEes, tetng anly the eS
tcutors If I. laws which, Congress in Its wtAio1
| las seen ns to provide. At smother session 1t
torth the tstl mas he reIc'!itd- AM sery II
sptctfulfE. Jos 5. WILSON,
| Comtnisst 5ne1,