Daily Los Angeles herald., 1878-07-07
Latest Eastern News.
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WASHINGTON, July 5th. - The
Secretary of the Interior to-day
rendered an interesting decision in
the case of the State Of California
ex rel T. c. Tuttle against Elisha
Toney and Abram Snyder, involv-
ing section of township 10 north,
range IA west, Monte Diablo Me-
ridian. Tuttle purchased the land
Of the State as swamp and over
flowed land under the segregation
survey made in 1867. A number
of settlers, including Toney and
Snyder, in February, 1877, deposit
ed money for the completion OF the
United States survey of the town.
ship, and the tract in controversy
was returned by Deputy Surveyor
J. E. Woods as swamp and over
flowed. The settlers, before the
plot was approved, wrote to
Surveyor General Rollins offering
to prove that the land was not
swamp, but dry land; they also
wrote to the missioner of the
General Land Office, who immedi-
ately carried their letter to the Cal.
ifornia Surveyor General, but Rol.
Inns nevertheless approved the
plat and forwarded it to Washing
tor. Here 1t was suspended and
orders were given to the California
Surveyor General to receive and
consider the letters and proofs.
Ames having, meanwhile, been
suspended, Rollins thereupon Wis.
tied the lands in person and after
considering the proofs decided,
November 6, 1877, that none of the
land in section seven was swamp
and overfiowed in 1850, except forty
acres. This decision was trans
mitted without waiting for an ap-
peal and was Immediately referred
to Commissioner Williamson.
Tuttle thereupon appealed to Sec
retary Schurz who, after discussing
the various legal points involved,
now says: SIT appears that the
United States Surveyor General
with full knowledge that the
character of the land was in dis
pute, took no steps to inform him.
self of its true character, but ap-
proved the plat in the face
of protests on file in his office.
1t appears that the Dep
uty Surveyor got fee of
$50 from each settler for filing
their declaratory statements for
some OF the tracts which he re-
turned as swampy and did present
them at the local office in July,
1877, whence they where issued, be-
cause the lands had been returned
as swampy. These facts, when
considered in connection with the
report of Surveyor General Ames,
made Immediately afterwards upon
careful examination of the land
and with the testimony before him,
leave no room for doubt that the
plat was improperly approved un.
der.circumstances which cast gray
suspicion upon Ames's acts, the
Deputy and the Surveyor General,
The Secretary further says, In cases
of this kind it is not only the right
bat the duty of the Com missioner
of the General Land Office to sus-
pend plats of survey and investi-
gate the facts in relation to the
character of land, that justice may
be done to all parties in interest.
He finds in conclusion that the ex.
parte affidavits filed by the oppos-
ing parties are so Numerically in
conflict that each party should
have an opportunity to confront and |
cross-examine the witnesses and
he, therefore, orders a hearing be.
fore the Surveyor General to take
place as soon as proper notice can
be given.
Mail Robbery in Texas.
NEW ORLEANS, July Gth.-A
special says that a mail
wagon between McKavath and |
Mason was stopped by gang of
men last night and the mail bags |
robbed Of the registered packages.
The balance of the mail was not |
From the tenor of ques-
tions asked the mail driver the
are suppoeed to have been |
for the Paymaster, who
was to have taken the regular
stage, but did not.
Profit On siivcr Coinage.
CHICAGO, July 6Lh.-The Jour-
naps Washington special says: 1t
Is estimated at the Treasury De-
partment that the profit by the
coinage of silver bullion into |
standard silver dollars IL upwards |
of six hundred Thousand dollars. |
Strong protests have been made |
against the government buying
any bullion not known to have |
come from American mines, but
no notice has been taken of them,
it being impossible for the govern.
ment to ascertain where the par
tlcular bullion purchased comes
from.
TIM Esaax C.nena