The Placer herald., 1870-08-20
LAND OFFICE POPULATIONS.

Some weeks ago we called attention to the
gross outrages that had been perpetrated in
the United States Land Offices on this coast
upon poor pre-emption and homestead claim
ants bv reason of overcharges, which amount
to nothing more nor less than downright
swndling. We have been under the i'm
preston that these Registers and Receivers
are well paid for the services performed by
the legitimate fees-at least there has been
an eagerness among applicants to obtain
these offices which justified that belief on
our part, and yet, the scramble for the po-
sitions of Registers and Receivers may have
been caused because of the opportunity they
afforded the incumbents to Over-charge
fact to rob the innocent and comparatively
ignorant settlers of much money. Some
time ago, Rufus Shoemaker, of Grass Val
lev, addressed letter to Hon. A. A. Sar-
gent, at Washington, complaining of the
enormous cost of obtaining patents to quartz
mines This letter, Congressman Sargent
referred to the Commissioner of the General
Land Office, who answered it, giving the ex-
act fees allowed to Registers and Receivers,
which were but a mere fraction of those
charged. The Commissioner closes this let
ter in answer to Mr.. Shoemaker with this sig
nificant sentence
"Should a case be reported to the Commission
of an officer of the Land Department exacting
exhorbitant fees, such are referred to by your
correspondent, the matter will be thoroughly in
vestigated and the result reported to the Head of
the Department. to the end that the case may
be properly dealt with by the Executive, should
it appear that illegal or exhorbtant charges have
been made"
Our Presumption and Homestead claim
ants are poor, hard-working men, and some
Of them our neighbors, and we connot per
NIT them to be despoiled of their hard earn
ings without entering our protest and making
the facts known to the public. By the ia
vor of Hon. A. A. Sargent, we were placed
in possession of a late official order of the
OOlllllSSlOlcT Vi lHc pcIcidi l@dIii CliiOC VI
this subject, on last Wednesday, and now
take pleasure in giving it to the public:
DEPARTMENT OF THE INTERIOR, J
GENERAL LAND OEFICE
Jldy 25th 1870.
GENTLEMEN Information has been called fol
as to the fees to which Registers and Receivers
are entitled for services in acting on mining
claims The following is therefore communica
ted for the government Of all concerned:
In the 10Th section of the act of Congress ap
proved July 9th, 1870 ''To amend an act gran
ting the right of way to ditch and canal owners
over the public lands and for other purposes
it is declared That Registers and Receivers shal
receive the same fees for services under this &C
as are provided by law for like services under
other acts of Congress"
Now, the mining act is substantially preemp
ton law as the occupant under the local customs
Of miners, is the only person privileged to pur
| chase, and an application for a patent under thu
| mining statute assimilates to decaratory state
| ment in the case of entries under the genera
| preemption law
| 1t is therefore proper to apply the provisions
! as to the fees in general preempton cases, to tn
| special preemptions under the mining act
| Hence, Registers and Receivers in the States o
| California Oregon and Nevada and in the Ter
| ritories of Washington, Colorado, New Mexico
Arizona, Idaho, and Montana are entitled t.
charge applicants for mining patents, at the dat
of filing the diagram or making the application
the sum of three dolers, being one dollar an,
| fifty cents each to the Register and Receiver.
| For taking testimony, either i'll the form of af
davits or in writing out the answers of witnesses
| they are allowed joint charge of twenty-five ant
| one-half cents per hundred words, these bein
the fees specified III the act of Congress approve
| 2lst March, 1864, "Amendatory of the Home
stead Law, and for other purposes" Gu. S. Stat
utes, vol 10, p. 80 which we assimilate to ser
| vices as to mining claims
Then the claimant has to pay the expense o
| surveying the claim and making plat thereof
| the cost of the publication of the notice in tn
newspaper and five dollars per acre for the sur
! face ground embraced by the survey.
! Such are the items of expense incident to oh
tanning n patent for mining claim, so far tn
United States or its Officers are concerned.
From the foregoing it will be seen that the fee
payable to the Register and Receiver by them tn
applicant are
1st. 81 80 to each for filing diagram and appli
cation.
ID 2219 cents per hundred words for reducin,
testimony to writing under the principals lai,
down in the 4th and 9th sections of the sale
Homestead Act of March 2lst 1864, should tn
applicant desire it taken down by the those off
GERS instead of by themselves or other persons il
the presence of the land officers.
The other payments required of applicants 70
3D. To the Receiver, the sum of So and 81 81
peracre respectively, for lode and placer claims
as shown by the final survey, and
4th deposit, in favor cf the Z. S. Treasure
according to existing instructions, of the amour
| estimated by the Surveyor General to cover til,
actual expenses of survey, plat, and cost of pub
| lcation of notice.
These are the only charges, fees, or emolu
ments which, by law or regulations, the Registe
and Receiver have any right to exact from tn
mining applicant, and none other must be charg
ed or received under circumstances.
You are requested to acknowledge the receip
of this communication, and to be strictly govern
ed by the terms mentioned therein
Very respectfully,
Your obedi.nt serveant.
JOS. S. WILSON,
Commissioner
1t will be observed by the reader that thu
fees set forth in the above circular are thos,
which apply to filing on and proving W
Homestead and Pre-emption claims, as wei