The new daily appeal. [volume] (Carson City, Nev.) 1872-1873, 1873-02-20
OH 9ew 9ailp appeal,
IMPORTANT LAND OFFICE DE-
CISION.

W. "so AAucO6cu W y utlSc w allA,
United States Register of the Carson
City Land District, for the following
Important and elaborate department
decision, relative to the late mill and
timber reserve on the Truckee river,
embracing 2O,531 $1,000 acres, in
which the Central Pacific Railroad
claimed all the odd sections, the land
being within the twenty miles limit
of said road. The honorable Com
missioners decided in substance that
the lands were reserved at the date
the railroad grant became effective,
and although relinquished at sub
selhent date, they do not inure to
the benefit Of the railroad. but re-
vert to the United States Govern
ment; are public lands and open to
disposal as such.
AS this reservation contains many
acres of valuable land, their decision
will be of immense benefit to those
settlers, who desire to locate upon
the same. Herewith is presented
the decision. entire:
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
WASHINGTON, D. c., January15, 1879
Register and Receiver, Carson city, Necdda:
GENTLEMEN: The State of Nevada Sc
lected the following lands in your district
under Acts Sept. 4. 1911, and July 4,
1866, and June 5, 1868, falling within the
limits Of the grant to the G. Z. Il. Il. Co.,
and also within the boundaries of the
late Mill and Timber Reserve on the
Truckee river, set apart for Indian pur-
poses by Presidents order of April %,
1864: Lot 2 NV. 10, S. u Lot 3SW. II,
NE. "A -, N. "A Lot 3 SW. 10, S. q Lot
3NW. 10, N. "a Lot ) NV. 81, and So
Sc. 81, I. - N, Il. Is E.
On the 10th August last, Henry Beard,
ESQ, attorney for the C. z. Il. X. Co.,
was allowed to present such object
tons as the +. Il. Co. might have
to the appro val of the tracts mentioned
above. No objection having been filed
within that time. this office under date
of Nov 25, 1872, submitted 4 list en-
bracing these, and other lands to the
Hon. Secretary of the Interior. and re-
commended that the same be approved
to the State of Nevada.
This action was based upon the propG-
sition that the lands in the odd sections
falling within the Reserve We're excepted
from the operation of the r. Il. grant.
On the 30th November last, Mr.. Beard
advised this Office that he would, at an
early date, present his objections to the
approval Of said selections and under
date of 4th December last filed an argyll
ment in support of the right of the Il.
r. Co. to the odd sections within the
late reserve which falls in Townships Is
and - n, Il. IS East.
These townships were withdrawn for
railroad purposes Oct. A, 1861. The
railroad was constructed opposite said
lands as early as Oct. 25, 1867, as ap-
pears from O map filed by said company.
By tho Act of July l, 1862, granting
lands in aid of the construction of this
road there is excepted from the grant
lands sold, reserved or otherwise disposed
of by the United States or to which a
preemption or homestead claim may
have attached at the time the line of the
road was definitely fixed. The Act OF
July 2, 1864, making an additional grant
to said road provides, i'll the 4th section
among other things, that said grant shall
not defeat or impair any presumption
homestead, swamp land or other lawful
claim nor include any Government re-
servation.
The circumstances which led to the set
ting apart of this reserve are shown by Il
letter from the Hon. Commissioner of
Indian Affairs to the Department, dated
June 80, 1868, q copy of which is found
with the argument of Mr.. Beard, to be
as follows:
s'In letter dated February 2G, 1864,
Hon. James w. Nye, then Governor and
er-ohicio Superintendent Of Indian At
fairs of Nevada, enclosed to Hon. j. p.
Usher. Secretary of the Interior, the
field notes and plat of survey of the ex-
terror boundaries of this reservation. On
the 18th of April, 1864, the papers were
referred to this office Undian otfice.) On
the 10Th of same month they were re-
turned to the Department with the re-
commentator that the President of the
United States be requested to direct that
the area embraced in the field notes and
plat be excepted from the public surveys
for the purpose of a mill and timber re-
servation for the use and benefit of the
Indians of the Territory"
..On the 28th of April, 1864, the pa
pers were submitted by the Hon. Secre-
tary of the Interior to the President with
the recommendation that said mill and
timber reservation be excepted from pub
lie survey; and on the same date the
papers were Endorsed by the President as
follows: Let the reservation be excepted
from public survey"
The reservation so set apart embraced
2O.531 5000 acres. 1t is insisted by
the r. r. Company that the object aimed
at by the reservation of these lands was
t. set apart the timber on the tract part
" for the use of the Indians and at the
same time to preserve such timber for
the use and benefit of the r. r. Co. in
constructing their road. I find nothing
in the papers relating to the case tending
to show that there was anything before
the President ON the 28th April, 1864,
when he gave the order for the reserva-
ton indicating that the land was to be
reserved for any other use than as mill
and timber reservation for Indian pur-
.,,,,,. +l,ot tho r Il CO or their infer