The Arizona champion., 1886-07-03
THE "AzrEc" cOMPANY's RIGHTS.
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THE "AzrRc" COMPANY's RIGHTS. Better of se,igmsn, of New York, to c. l..
 Guttsrson, of Apache County.
 NEW YORK, March as, 1886. C, L. GUrTERsoN, ESQ.
 Attorney and Counsellor,
 ST. JoHSs, APACHE Co.,, ARIz. DEAR SIR:
 We have been notified that several heep.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, V. President and Genl. Manager of that Company, has in,ormed us that you were looking af- ter the Compauy's interests in Apache County, we request and instruct you 10 see to it that all proper and nec- essary measures are taken to protect the Company's property and rights, and serd you, at MT. Warren's re- queit, the following notes, in order that you may understand the Com. pany's position with regard to it's 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 a7th, 1866, Sec. 5. There were granted to the Atlantic and Pa ci6c Railroad Co.,. all the odd nhm- bered sections to tine amount of twen ty alternate sections per mile on each side of its llne, whenever said line should pass through any of the Terri. tories of tte 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 lime of the designation of the line ot said road, by a 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, pre-. empted or otherwise disposed o' the Company has a 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 oI the line of road was duly filed in the office of the Commissioner of the General Land Office on Marfh x7, 1872, and the right of the Com pany to all the land within the forty mile limit, i. C. the regular graat, 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 lar limit and the 10 mile indemnity  limit was withdrawn from public sale or entry or pre-emption by action of the DtpvzmeR ef lie Interior or June J6, I677 ia accordance with section 6 of sad Act which provides for the suyvy of the lands by the President of the United states and that these sdd num6<yed seehioAs ShaH nor 6s Ha. 6ie fo sak or entry or ore >mphioa eiM .06st0rs oy qfty saypey. A 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 IoSI and 1882 that portion of the Western Division of the Atlantic and Pacific 10 which the land claimed by the Aztec Com. pany attached, was built. H. C. Mutt, President of the A. x P. R. R. Co.,, sent letter dated October Ia, I877, to the President of the United States requesting the appointment oi Com. missioners to examine TO. sections of as miles each Of the said Railroad, being So miles of the Central Division and 200 miles of the Western Division of the Railroad, the latter portion beginning at point 200 miles west oi Isleta, N. M., and running thence goo miles in westerly direction.
 In response to this letter, the Pres jdent on Oefo6ey 25M. IS7a, appointed William Cory Smith, Edward ".