Arizona citizen., 1878-03-29
Register POstOn's Land Business.

hO aooCAAo NONCA hPpNA Ootl- ta Cruz valley in Pima county, and in- inmates that his entire connection with them is that caused by the savage virtue of hospitality" In the light of this statement the following may not be uninteresting:
 On February 26 of this year, the Probate Judge of Pima county, at the request of Charles D. Poston and two Mexicans unknown to us, filed upon $40 acres of land in Township 21 South Range IS East, within ;he limits of the alleged grants, as the town-site of Tubac, and Register Charles D. Poston at once and without question received the application.
 In this connection we desire to call the attention of our readers to these circumstances:
 First: Early in February Mir Lowe made application to enter his ranch in Sections 29 and 30 of Township 21 South Range 13 East and the applica- tion was rejected because the Register was of opinion that the land was with in the limits of the Torreon ranch. During the same month Mir. Poston received hls own application for a town-site embracing Sections ', 8, r and IS of the same township and but one mile from Lowe's house. Now, if the TorreOn ranch includes either place, those best acquainted with the land say that that place is not Lowe's, which is south of the Torreon, but is the town-site of Tubac and that the Register was unjust and partial in rejecting settlers honest claim and in receiving his own.
 Second: Under the laws regulating the reservation and sale of town-sit s on the Public Lands It IS expressly provided that in the case where title is desired to an unincOrporated town, such as Tubac, the county judge of the county court of the county in which the town is situated, which in this case would be the Probate Judge of Pima county, is enabled to make entry for the benefit of the occupants of the town according to the respective interests. Now il is well-known that MT. PostOn has not been nearer than fifty miles to Tubac for ten or twelve years and never was an occupant of it. Under these provisions of law, which are the only ones applicable, We in common with the land claimants along the Santa Cruz. are somewhat curious to know what interest Register Poston has in Tubac that thus enables him to apply for its entry and what benefit he expects to derive therefrom.
 Third: It IS a well-knOwn regula- ton that no Register or Receiver is allowed to speculate in public lands or even make preempuOn clam let alone apply for town-site. We are credibly informed that when Receiver Leunt, of the Prescott Land District, desired to obtain Govern ment title to his home some years ago he was compelled to resign his of fee to get patent. He was afterwards resppointed however. This matter is perfectly clear as the following, from an opinion of the Attorney General of the United States on the subject, will show:
 By the general law all preemption "claims must be adjudicaled, in the first instance, by the Register and Receiver. See Act of September 4, "IS41, sectian 12; 5 Statute al Large, "page 546, (No 4s) There is no stat ute which provides q substitute for "either of them in case of purchase made by himself It is clear, by the rules of law and right, neither of them can be a judge in his own case. "Michand V. Girod, Howard, 503, "559
 "Of course he cannot make proof of preemption. If he possess any right "of preemption, 1t must remain in 70, eysnce until means of adjudicc- ton be provided by Congress"
 The justice of this decision is well Illustrated in the present instance where the Register refused to accept 8 settlers application but received one in which he himself was interested, as shown before, when the two were open to precisely the same objection.
 Fourth: Over his signature MT. POston has for some time given notice to sll settlers, miners, and others on the Arivaca ranch, to vacate the premises within sixty days and that the re moval of personal property from said ranch will be deemed larceny, as he claims 10 hold title to the estate. By what right he gives this notice We do not know for there is nct a single land grant in Arizona which has had its | title confirmed, and those best qualified judge say there are grave doubts if
 re ever will be one.
 'fhe settlers seem to understand this for we have heard of no one near the I