Daily Los Angeles herald., 1881-03-26

department OF the UnlLoO 6tAGol
declared not subject to selection
and said selection was cancelled
and thereup0n said land became
open and subject to pre.emptior
under the general laws O
the United States, and tha,
thereupon Charles Hazard en-.
tered upon said land in tht
month Of January, 1871, claiming
the same under the presumption
laws Of the United States, and the
said Charles Hazard proved his
claim as required by law and there.
upon paid the purchase price for
said lands to the officers of the
Omitted States Land Office of the
said Department., and the said De.
partment issued to him a duplicate
certificate, dated July Is, 1873,
which certificate was in full force
and effect at the time the officers OF
the Land Department purported to
list said lands to the State of Cali
fornia, and the action of the OH.
GERS OF the Land Department in
listing said lands was the result OF
mistake of law Rs we'll a. of facts
based upon the false and fra udu.
lent evidence aforesaid and the
said listment was void and the
claim of title made by the plain
tiffs to said land is based upon said
listment and in no other way, and
the same is void and is cloud
upon the title Of defendants as they
are informed and believe; defend.
ants pray that the title OF plaintiffs
may be determined by decree OF
this Court, and that 1t be adjudged
that the defendants are the owners
Of the land herein described, that
the plaintiffs have no estate or in.
terest therein, that plaintiffs be
debnrred from asserting any claim
against defendants and for general
relief; the evidence failed to prove
prior1possessio in the plaintiffs
grantors its weight, rather, went to
prove prior possession 10 the grant.
Ors of the defendants. There ia no
controversy that Charles Hazard
remained in possession up to the
time and after he proved up his
possession and obtained his patent
certificate.
The action of the Land Office
was 40 follows:
On June "a, 1873, the Commits :.
sioner cancelled the State selection
because the lieu used was in place
and the property of tho State.
On the 18th of July, 1873, the
Land Commissionsr rejected
Charles Hazards pre.emption
claim for mistake made az to the
date of filing township plat. On
Nov. l, 1873. the Commissioner
approved Charles Hazards cash
entry; August Is, 1874. the Com.
missioner held the entry of Charles
Hazard for cancellation, referred
the contest to the Register and Re-
ceiver Of Los Angeles with dirsc.
tions to give all parties notice. The
letter rscites that the Department
was in receipt of q certified dia-
gram Of the survey of the ranch of
San Jacinto Nuevo, embracing
Sec. Is, Township 4 South range, 8
West, s.. B. M. Stating that the
survey of said ranch had been
made In accordance with the Act
Of July %. 1865.
On December 23, 1874, the Com
missioner says: lam In receipt OF
your letter of December. Bird, ad-
dressing me, that due notice had
been served on the parties, and
that no appeal had been filed from
the decision of the Comm missio oners
of August l3, 1874, and, according
ly, I have this day made said de-
cisiOn final and closed the case.
State Selection 1885 is reinstated, 4,
and cash entry No. l31, by Charles
Hazard of south half Of southeast
quarter of Sec. II, Township 2 8.
II. 13 w, is this day cancelled
on the files and records Of
this office.
AS to the State patent, and the
State selection on which it was
based, 1t is not claimed that the
State selection In this case was ap-
proved by the Secretary Of the In.
terror prior to January, 1875.
It appears by the decision of the
United States Survey or-General Of
the State Of California, April 9th,
1875. that the survey Of San ia.
cinto Nuevo was not approved and
was not final, and 1t is admitted
that 1t Is not yet completed and
made final.
This paper has been on file in
the Office Of the General Land OF.
dce ever since. By letter of the
Com m issioner of the General Land
Office of June 24tb, 1873, 1t appears
that Section 16, for which indem.
nifty is claimed. being surveyed
public lands as shown by official
plat of survey on file In this office,
the land having been granted in
place the State is not entitled to In
demnity for said section. II the
General Land Office at Washing
ton acted on the hypothesis thai
there was q plat on file in the Of
fice which showed a final survey oI
the rancho San JacintO NusvO II
was clearly a mistake to which
Mr.. Hughes and his counsel con-
tributed, at least, under a misap.
prehension as 1t appears they for
warded what purported to be q GER
titled copy Of 1t to Washington. Il
Is sufficient for the defendants tt
show mistake without actua
fraud.
Ever since the ordinance of 1877
1t has been the policy Of the gov
M % dth hs nEtsd Il tbts1 tbs 1pab
lands for school purpo ses in til,
States.
The State title attaches as soor
az the section ls surveyed by q sur
yey In the field.
u. s. 173.-When this sector
was embraced in a valid Mexican
grant the United States had no it'll
to the section under the treaty
with Mexico and by the act Of 1858
1t was for the State to select an
other section in lieu Of it. In th'
nature of things this could not b.
determined until after the tina
survey Of the Mexican grant. I