The Arizona champion., 1886-07-03
Kinsley and Dwight K. Tripp, Con-

Commissioners made their report 10 the Secretary of the Interior recom- mending the acceptance of the sec tions examined by them, which was filed in the Department of the Inte- rior December nth, 1882 and sub mitted by the Secretary of the Inte- rior to the President December I3th, 1882, with recommendation that the said ten sections be accepted and that patents for lands earned by the construction thereof issue to the A. x P. K. R. Co.,, on their compliance with the law and regulations in such cases made and provided. This re- ceived the Presidents approval De- cember I4th, 1882, and copies of the documents together with maps and profiles were sent by the Secretary of the Interior to the Commissioner of the General Land Office on Decem- Der 10th, 1882, with a direction to take appropriate action thereon.
 The Atlantic and Pacific Railroad Go. has duly applied for patents for all the surve, ed land within its forty mile limit which is included and de- scribed in the contract of sale be- tween it and the Aztec Co. dated Feb. 3rd, 1886, and has paid all the fees of the various land offices as wei! as it's share of the cost Of survey, thus complying with all :he requirements of the law and the regulations of the Department of the Interior. How. ever, we must refer you to General Sedgwick, the R. R. Co. s attorney a, Albuquerque for prooi of the various applications for patents and of the various payments above mentioned.
 By Act of Congress, entitled "An Act to enable the Atlantic & Pacific Railroad Company to Mortgage its Road" approved April aoth, 1871 the Railroad was authorized to issue bonds and secure them by mortgage of its lands and other property and franchises, and in pursuance of said Act, the R R, Co, did, on July Ist, 1880, mortgage to the United States Trust Co.,, of New York, as Trustee, all its lands and other property and franchises, reserving the power to sell the lands subject to certain conditions contained in the mortgage, which is filed and recorded in the office of the Secretary of the Interior, as required by said Act of IS7t.
 By contract of sale dated Decem- Der a7th, 1884, the land claimed by the Aztec Co. and upon which the trespasses are being committed, was sold by ihe A. & P. R. K Co. to E. w. Kinsley, as Trustee, for the sub scribers of the capital stock of the Aztec Co. for $500, 900 cash, and was on Dec. goth, 1884, released by the United States Trust Co. from the operation of the above mentioned mortgage in pursuance of the terms thereof and immediately upon the purchase was ratified and accepted by it's stockholders.
 This contract has been cancelled by the making of new contract on Feb. 3rd, 1886, between the R. R. Co. and the Aztec Co. which em- braces nearly the same land as in the former contract but defines It more accurately. Neither contract has yet been recorded.
 Having thus given you the chain of title by which the Aztec Co. lays claims to its land, We refer you to the following facts and documents. copies of which are enclosed, to prove the validity of the Railroad Company's clam to the land sold by it to the Aztec Co.,;
 Ist: The Act of 1866 granting lands to aid the construction of the A. & P. R. R.
 and. Copy of the Commissioners reports concerning the acceptance ot 10 sections Of the road and of the action ot the Secretary of the Interior thereupon.
 3rd; Copy of opinion of Attorney General Devens to Carl Schurz, Sec retary of the Interior, dlted Oct. 26th. 1886.
 4th: Copy Patents of the United States to the A. x P. R. R. Co. to Township 8, Range 4, and Township 8, Range 5, N. of base line and w. of New Mexico. Principal meridian Territory of New Mexico.
 5th: Copy Act of 1871, authoriz- ing the A. & P. R. R. Co. to mort