The Arizona champion., 1886-07-17
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THE AZTEC" COMPANy's RIGHTS.
Letter of Seligman, of New York; to C' L Gutterson, of Apache County
 NrU Vopv March oc ISS6

Letter of Seligman, of New York. to c. L.
 Gutterson, of Apache County.
 NEW YORK, March 25, 1886. C. L. GUTTERsoN, ESQ.
 Attorney and Counsellor,
 ST. JOHNS, APACHE Co.,, ARIz. DEAR SIR:
 We have been notified that several sheep-herders are now trespaSsing on the lands of the Aztec Land and Cat tie Co.,, Ltd, and that others are threatening to follow them, and as MT. Henry Warren, W. President and Genl. Manager of that Company, has informed us that you were looking af- ter the Company's interests in Apache County, we request and instruct you to see to it that all proper and nee esSary measures are taken to protect the Company's property and rights, and serd you, at MT. Warren's re- quest, the following notes, in order that you may understand the Com pany's position with regard to its land, by what title it claims and what its policy IS.
 By act of Congress entitled "An Act granting Lands to aid in the con- struction of Railroad and Telegraph Line from the States of Missouri and Arkansas to the Pacific Coast," ap. proved July s7th, 1866, Sec. 5. There were granted to the antic and Pa cifc Railroad Co. all the odd num- bered sections to the amount of twen ty alternate sections per mile on each side of its lne, whenever said line should pass through any of the Terri tories of tie United States, whenever the United States should have full title thereto, not reserved, sold, grant ed or otherwise appropriated and free from pre-emption and other claims or rights, at the time of the designation of the line of said road, by plat thereof filed in the office of the Com- missioner of the General Land Office; {; and when, prior to such time, such lands shall have been sold, granted 7, pre-. empted or otherwise disposed of the Company has right to select odd numbered alternate sections, not in cluding reserved numbers, not more than 10 miles beyond the limits of the regular grant.
 A plat of the line of road was duly filed in the office of the Commissioner of the General Land Office on Maych I2, I672, and the right of the Com pany to all the land within the forty mile limit, i. e. the regular grant, at taches from this date. AH the land granted by the Act of 1860 above re. ferred to, within the forty mile regu- lar limit and the 10 mile indemnity limit was withdrawn from public sale or entry or pre-emptlon by acti0s of the Drbq,lment 0f Me Interior On /unt I6, I672 m accordance with section ( of sad Act which provides for the SWVey of the lands by the Presidenr of the United States and that these Odd nnmbered SerH0as ShaX ROf 6e Ha bIr 10 SaLe or eAf'y or Pye. "mbttoA eith ,er btfOye or affer STy0sy. careful search in the records of the Depart ment of the Interior at Washington showed that no liens of any kind at tached to these odd numbered sec tions before June 18th, 1872.
 Some time during 1881 and IS8. that portion Of the Western Division of the Atlantic and Pacific to which the land claimed by the ztec Com pany attached, was built. H. (. Mutt President Of the X P. K. R. Co. sen; letter dated October I2, 1872 to the President of the United State requesting the appointment of Com missioners to examine 10 sections O 2s miles each oi the said Railroad being SC miles of the Central Division al d POO miles of the Western Division oi the Railroad, the latter portion beginning at a point 200 miles yves .Oi Isl-ta, N. M and running thenc 900 miles in westerly direction.
 In response to this letter, the Pres ident on OftO6ey 25M, I87' appointe' Wllliam Cory smith, Edward W