Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-07-19

statement should be corroborated by the affi-
| dayi.s of credible witnesses, and you will
| thereupon forward the papers in special let.
ter to this Office, allowing no entry until so
directed by me. Under Section 9, duly quail
| fed persons who, prior to June Is, 1880, en-
| tered under any of the homestead laws land
properly subject to such entry, are permitted
to obtain title by paying the Government
price, less the fee and commissions paid at
the date of the original entry. When home
| stead entries, made prior to June 10, 1880,
| have been attempted to be transferred by
bona fide instrument in writing, the persons
to whom such transfer was made are likewise
authorized to obtain title by like payments
and with like
DEDUCTIONS OF FEES
| And commissions La allowing the entries of
the first named class you will require proof
that the party was 81 years of age had de-
clared his intention to become a citizen of
| the United States, and was in other respects
entitled to make the entry. In permitting
| entries by transferees you will require the iu-
strument in writing by which it was sought
to transfer such homestead right to be fled
| together with the best evidence attainable of
the bona fide character Of the transfer, in
Guiding the affidavit of the party who seeks
to purchase. You will exercise all possible
| care in this matter, as it is not impossible
that fraudulent entries will be attempted,
and the proper execution of the law will
largely depend upon your vigilance and dis
cretion. In cases wherein you entertain a
doubt of the propriety of allowing the appli-
cation to purchase, you should refer all the
papers to this Office, with full statement of
the facts and your opinion. Under the pro-
viso to this section you are specially instructed
to allow no entry which interferes with an
entry of the lands under the homestead laws,
, made subsequent to the original entry on
which application is made to enter under
Section . : and If the land was embraced in
prior entry at the date of such homestead,
the section is imperative, inasmuch as in
that case the land was not properly subject
to entry. The application to purchase must
likewise be rejected if at date of the
ORIGINAL HOMESTEAD ENTRY
A prior claim, which has not been abandoned
or forfeited, existed under any law. l do
not construe this section as intending to per-
nit the parties named as conditional pur-
chasers to make entry of tracts to which adj
verse legal rights have attached, prior to the
date of the Act. The third section reduces
20 81 % per acre the price of any lands
which were subject to ordinary private entry
at 81 30 peracre, at the date of the approval of
the Act or those that were doubled in price
by reason of the grant of alternate sections
for railroad purposes and which were put in
market at that price prior to the 1st of jan
uary, 1861. Lands which have not been put
in market for sale at ordinary private entry
at 81 % per acre. or which were so put in
market subsequent to the 1st of January, 1861 |
are not changed in price by this section
You will carefully observe the rule as to
price thus introduced. By reference to your
official record, it will be in your power to as
certain the facts with regard to any lauds
fiom which to decide as to the applicability
to them. In case of doubt you may correct
your records to exhibit the facts by corre-
spondence with this office. You will further
observe that under Section 4, none of the pro-
visions of this Act apply to mineral lands
and that no person is entitled to the benefit |
of any provision of the Act who falls within
the inhibition named in this section"
Oakland Harbor improvements.
WASHINGTON, July 17th.-Soon after the
adjournment of Congress, Representative
Page waited on the Secretary of War and re-
quested him to obtain from the Attorney
General an opinion in the Oakland harbor
improvement matter, as to the right of the |
United States 90 use the bed of the estuary
for the purpose of continuing the harbor i'm
provements. The Attorney General has
since prepared an opinion, completely sus-
tinue the improvements according to the |
original plan. This opinion was submitted
to the Secretary of War, who yesterday in |
formed General Wright, Chief Engineer OFF, |
Ger, who is in charge of the works, of this
opinion, and directed him to proceed with |
the approved plans and estimates previously |
submitted.
westward-Bound Passengers.
OMAHA, July 18th. - The following |
passengers were on to-day's train, leaving at |
l2:15 P. NJ, to arrive in Sacramento July |
2st: Miss Frisconi Santa Cruz; Mrs Z. B. |
Perrin and child, Mrs. 3. B. Miner. George |
Storey, Isaac NJ. Merrill, Saml Levy, Chas.
Mayer. Hon. VIM. NJ. Gwin, i. j. Coleman,
San Francisco; NJ. Graham. Idaho; Mrs.
+. A. Helm and son, Oregon X. S. Oakley, |
Portland, Or.
Seventy-four through emigrants left on
last nights emigrant train, to arrive in
Sacramento July 24th
A wild LeadYilIe Miner.
DENVER, July 17th.-The Nesrs' Leadville
dispatch says This afternoon miner named |
Baker entered Manville's hardware store to
collect some mining assessments. He de-
manded of the clerk a revolver out of show
case, and when he refused, Baker pulled a
revolver out of his pocket, threatening every
body in the store. Policeman John Corbell
attempted to arrest him. Baker told him to
stand back. Corbell rushed at Baker and
Baker fired, woundiDg him mortally. He |
then rushed up the street, several policemen !
following. Policeman Stewart closed with
Baker. who fired. fatally wounding Stewart
and slightly wounding another policeman. |
Baker was then overpowered and jailed. The
policemen are gathering a large crowd, and
probably Baker will be lynched before morn.
ing.
Agent Eeckers Body.
CHEYENNE ivy. Tt July 1.-THE. r.
Dresser, friend of the late NJ. G. Meeker, /
Agent of the Utes, has just returned from
the scene of the September massacre, on
White river. He reinterred the remains of
Meeker and eight employees, including his
two sons, which had been hastily buried by
Merritt's command Dresser found a chain
about four feet long around the neck of
Meeker's remains, proving the story only too
true that the Utes had dragged the body |
about the agency after the massacre. The |
remains were much decomposed Colorow,
with other head men, and Douglas daughter, |
came into the agency last week, inquiring |
persistently after Douglas. They said they |
had lived on ponies last winter, and are very |
hunsIy and peaceable now. Corolow said he |
and other chiefs were going Immediately to |
the Uncompahgre Agency to have big talk |
with the Ute Commissioners. He knew moth |
ing of the whereabouts of Persune and John |
son.
A Tsfoetithirsty DueIist.
CHARLESTON Is. Co. July 17th.-Colenel
Cash, surviving principal of the recent duel, |
was before Judge McIvar, of the State Su-
preme Court, at Cheraw last evening, on a
writ of habeas corpus, and was admitted to /,
bail in So 600. Considerable excitement was
occasioned in Cheraw previous to the hearing |
of the applicants, by an attack made by ason
of Colonel Cash upon Mr.. Pegues, editor of
the Cheraw Sun, who had denounced the duel |
in his paper Young Cash and his father had
both drawn their pistols. the latter avowing
his intention of seeing fair fight, and Pegues
was only saved by being thrust by his friends
into an open doorway. where he was locked
up. No arrests.
The Indian Territory Invaders.
WASHINGTON, July 17th.-General Pope
telegraphed the War Department this morn
ing concerning the arrest of Payne and
twenty-five of his followers, and asked
whether the gang shall be turned over to the
United States Marshal at Fort Worth, Kan
sas. for trial The Secretary of War will
order che delivery of Payne and his men to
the civil authorities for safe custody, and in
the meantime. as some new questions are in
volved, the matter will be referred to the At
torney General for an opinion as to the mode
of civil prosecution.
Useful Life Ended.