Daily Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1876-1884, 1881-06-05


which IL herewith inclesed.
Very respectfully.
J. A. WILLIAMSON,
Com missioner
DECISION.
DEPARTMENT OF THE INTERIOR, I
WASHINGTON, May 81, 'Sl.
SIR:-I have considered the APP
3 plicAtion Of Henry Dalton to pur-
chase, under the 18th section Of the
Act OF July %, 1866, certain tracts
In Township N, r. 8 W., l N. 10
W., 8. 10 W., ! N. w. and l s.
W., 8. B. M, Los Angeles, Cali
fornia, on appeal by Dalton, by the
Southern Pacific Railroad Com
pany, and by John w. Haines ct
a., settlers, from your decision
OF April 14th, 1880. allowing Dial.
ton to purchase certain of said
tracts and denying his right to pur-
chase others Of said tracts.
1t appears that the Mexican
Governor Alvsrado granted to
YgnaCio Palomares and Ricardo
Vejar on April 18th, 1887, q tract
Of land known as San Jose. within
certain named boundaries, and
that, subsequently,, one Luis Are
mas became an equal owner with
PAlomares and Vejar by purchase,
In San Joee. The three thereafter
petitioned for o grant of the same
"San JOSE" with an addition
thereto Of one square league of land
ON the west of "San jose" This
petition was granted by Alvarado
on March 18th, 1910, and the latter
tract was known as San Jose Addi-
ton. On August 7th, 1910, Are
mas Individuality petitioned for a
further grant of one square league
Of land known as "Azusa," situate
on the west of "San jose Addition"
which petition was granted by the
acting Governor or Nov. o.h. 1871.
Arenas thus became grantee OF
an undivided one-third Of the two
former grants and of the whole of
the latter.
Juridicial possession of San Jose
was given on August Sd, 1887, of
the addition, on May Z, 1910, and of
Azusa in April %, 1912. On De-
cember q, 1874, Dalton purchased
OF Arenas the latter's interest in
the three grants, paying $1,000 and
receiving deed therefor. In Feb
ruary, 1916, partition Of Sut 80 c
and San Jose addition between the
three owners was made under a
survey of one Jasper OFarre!l, in
accordance with lines pointed out
to him by the parties, and map
was made by him showing the sep
arate portions of each owner. Com
tirmation of the interests of each
was made by the Board of Califor-
MIA Land Commissioners, under
the Act of March 8, 1851, and the
decree In Dalton's case in the U. S.
District Court mo. l2U was enter
ed in March, 1855, and became fiual
by dismissal of the appeal April 4,
1857. Surveys of the three
claims were made by Henry
Hancock, U. s. Deputy Surveyor,
In 1858, and approved by the Sur.
veyor-General IN January, 1860.
Exceptions were taken to the cor
rectness of his survey of Azusa.
but were 0verruled by the U. >. Dis
trict Court on December 8, 1864. A
subsequent survey was made in
1865 by U. s. Deputy Surveyor
Thompson, which was approved by
the Surveyor. General in April,
1869. But after prolonged contro-
versy, the Acting Secretary of this
Department sustained the survey
Of Hancock on September 20, 1872,
and the plat thereof was approved
by your Office on May 20, 1875, and
on that date, patent issued to
Dalton for Azusa containing ,4S1 A
acres. Patents also issued on July
20, 1875, to Palomares, Vejar and
Dalton for "Sau jose" containing
22,340.4 Al acres, aud on December
4, 1875, to the same parties for San
jose addition, containing %, 340.4l
acres, and on December T.
1875, to the same parties, fol
San jose Addition, containing
4,430 GA acres. Dalton has filed
two applications to purcase under
the 7th section of the Act Of July
23d, 1865, both dated August 10th,
1873, one for lands alleged to have
been within the interior limits Of
but excluded from the final survey
of Gan Jose and addition, and the
other for lands alleged to have CON
stituted q portion OF the original
grant of Azusa.
Your decision states that, at the
trial, the attorney of Dalton with,
drew his claim for all lands within
the exterior limits Of San Jose ant
San Jose Addition, situate il
township N, 8 W., but l find nc
such withdrawal in the record OF
among the files.
The contestants represent abouI
$50 families of "settlers" on the
lands involved, having Il popula
ton of from 800 to 1000, with inn
provements valued at from $780,.
600 to $500, 900 and the Southern
Pacific Railroad Company.
The 7th section of the Act of Ju.
ly %, 1856, provides, "That when
persons in good faith and for q val.
liable consideration, have purchas.
ed lands of Mexican grantees or as.
signs, which grants have subse.
quently been rejected, or where the
lands so purchased have been ex-
cluded from the final survey of any
Mexican grant, and have used, inn .
proved and continued in the actual
possession of the same, as Accord
ing to the lines of their origin and
purchase, y y such purchas-
ers may purchase the same, 3 y
upon first making proof of the
facts as required in this section.n
n Il
Something more than mere own.
ership of the lands is thus required,
In order to this right Of purchase
There must be proof of their use,
jN0DrOVenenk and c0nfinuel ocfuoy