The weekly Arizona miner., 1872-11-16
WEEKLY ARIZONA MINER: PRESCOTT, NOVEMBER e 1872 |
Interesting to Post Traders.

WAR DEPARTMENT,
 ApJuTANT GENERALS OFFICE,
 WAsHrscros, October l2, 1872. GENERAL ORDERS No, S9.
 The orinion of the Acting Attorney Gen. eral upon the following questions IS pub lishcd for the information and guidance of all concerned:
 DEPARTMENT OF JUSTICE,
 WASHINGTON, October 3, 1872.
 SIR: have duly considered the questions which you ask the Attorney General in your letter of the 1lth instant, and which are as follows:
 "Where persons, such as post traders, con- tractors, and others have been allowed by proper authority to erect buildings to facii- tate their business upon a military reserve, with no restriction as to the term during which they shall be allowed to remain
 'l. Are such buildings, after the removal of the trader, contractor, or other person from the reserve, still his personal estate, and as such. has he the right to dispose Of them by rent, lease, or sale to other persons
 "2 Does not property become part of the realty after the appointment of trader IS revoked or contractor has fulfilled his con- tract, or any event happens which dissolves their business connection with the reserve"
 By the order of the Secretary of War of June 17, 1872, Ca copy of which you inclose to me, ] it is provided that "post traders ap- pointed under the authority given by the act of July 15, 1870, will be furnished with letter of appointment from the Secretary of War, indicating the post to which they are appointed.
 "They will be permitted to erect buildings for the purpose of carrying on their business upon such part of the military reservation or post to which they may be assigned as the commanding officer may direct. Such build ings to be within convenient reach of the garrison.
 "They will be allowed the exclusive privi- lege of trade upon the military reserve to which they are appointed, and no other per son will be allowed to trade, peddle, or sell goods by sample or otherwise within the linn its of the reserve.
 "They are under military protection and control as camp followers"
 Buildings erected by post traders on mil itary reserve, in conformity with this order, are erected for the mutual benefit of the Gov ernment and the trader, and are not to be regarded as buildings would be erected by trespassers or even by tenants under leases in which no provision is made therefor; but they are erected under license from the Government and for the mutual benefit of both parties. Under these circumstances am of the opinion that by the proper con- struction of the license, these buildings were not intended to become part of the realty after their erection; but were to continue the property of the traders; and therefore when a trader is removed from his post, have no doubt that he has a right to remove the building from the place where 1t was erected and that when removed, he can dis pose of the materials as his own property. But it is very clear that the license to erect such buildings is purely personal one and is granted for one purpose only. Therefore under such licenses the person so erecting the building would have no right to rent or lease tue same or even to sell it to another post trader without permission of the military authorities, but bis rights are confined solely to that of removing the building from tue reserve. Undoubtedly the property in such building might, with the approval of the commanding officer, be transferred to another post trader, and such permission would have the same force as license to a new post trader to erect such building at that spot. I return you the papers enclosed.
 l have the honor 10 be, sir, your very obedi- ent servant, CLEMENT HUGH HILL,
 Acting Attorney General.
 HoN. WM. w. BELKNAP, Sec'y of War. By order of the Secretary of War:
 WM. D. WHIPPLE, As't Adj't Gen.