The Arizona champion., 1886-07-17
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THE AZTEC" CoMPANY's RIGHTS.

ThE "AkIFC' to"fANh'S htu"as' Letter of seIigman, of New York, to c. L..
 Gstteron, Ot Apache County.
 NEW YORK, March 25, 1886. C. l.. GUTTERsoN, ESQ.
 Attorney and Counsellor,
 ST. JOINS, 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 Mr. Henry Warren, V. 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 nec- essary measures are taken to protect the Company's property and rights, and send you, at MT. Warren's re- quest, the following notes, in order that you may understand the Con- 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 structicn 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 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 hne, whenever said llne should pass through any of the Terri tories of the 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, 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 fled in the office of the Commissioner of the General Land Office on March 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by the Act of 1860 above re- ferred to, within the forty mile regu- lar limit and the 10 mile indemnity limit was withdrawn from public sale or entry or pre-emption by aeti0A of the Drba,1menf Qf hie L4ter1Or or /nne I6, I672 in accordance with sectIon c of said Act which provides for the Snrvey of the lands by the President of the United States and that these odd num6rred SsehOnS shall n0f 6e Ha. bkr to sale or Snt,y or ore rmph0H eih- 0 betore 0r afer sqr0ey. careful search in the records of the Depart ment of the Interior al 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 1882 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. C. Mutt, President of the X P. R. R. Co.,, sent letter dated October Is, 1872, to the President of the United States requesting the appointment of Com. missioners to examine 10 sections of 2s miles each of the said Railroad, being 50 miles of the Central Division ard POO miles of the Western Division pt the Railroad, the latter portion beginning at point 200 miles west Ii lsl4ta, N. M and running thence 200 miles in westerly direction.
 In response to this letter, the Pres, ident on Oeto6er 25th, 1872. appointed Wpliam Cory Smlth, Edward w..