Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-02-13
LAND MATTERS.
Important Information to Government
Land Purchasers.

is in receipt of the following letter from
William A. ]. Sparks, Land Commissioner,
which contains much useful information
TO those who wish to perfect titles to Gov
eminent lands. The letter is self-explana-
tory:
DEPARTMENT OF THE lSTERIoR,)
GENERAL LAND OFFICE,
WASHINGTON, February 4, 1886
Register aud Receiver, Sacramento, Cal
GENTLEMEN: am in receipt of your let
tiers OF November %, 1888, transmitting the
applications of the following named par
ties 10 enter the lands hereinafter described
| under the provisions of the second section
of the Act OF Congress approved March i,
1877, entitled An Act relating to indemni-
ty school selections in California and re-
ferring to letter 90 from this office OF Au-
| gust 20, 1888, to the State Surveyor General
OF California, as your authority for so do
| ing, viz:
| Application of John Whitman, to enter
| the north half of section 20, township
| north, range east. Mount Diablo n eridian.
| selected April 20, 1867, per r. and r.,
| Nos. 9l3 and 9l5, and approved July
| a. 1869, in list No 8. in lieu of southeast
quarter section SO, township north, range
&c west, and part of the south half section
| l6 township l north, range II west, San
H.
| Application of Charles W. Brown, to en-
| ter the southwest quarter section 10, town
ship 3 north range east, Mount Dablo
meridian, selected as above per X. and
r., No. 9l6 and approved July IA,
| 1869, in list No. 8, in lieu of part of the
north half section Is, township / north,
range Il west, San Bernardino meridian.
Application of J. B. Brown, TO enter the
southwest quarter section 20 and north half
OF southeast quarter and north half Of south
west quarter section 30 township north,
range east, Mount Diablo meridian, Sc
| lected June l, 1863, and April 20, 1867
per r. and R, Nos. 81 and 913, and
| approved July IA, 1863, and March I, 1870
in lists No 8 and y, in lieu of the south
west quarter section Sc. township % south
range east, Mount Diablo meridian, and
part of the south half section Is, township
north, range Il west, San Bernardino
meridian.
| Application of Orville NJ Brown, to en-
ter the north half OF section 10, township 3
north, range 2 east, Mount Diablo meri-
dian, selected April 20, 1867, per r.
and r., No. 912, and approved July
II, 1863, in list No. O. in lieu of the north
half Of section SO, township north, range
II west.
Application of Wolf Cerkel, TO enter the
| south half of section Is, township north,
range east, Mount Diablo meridian, Sc
lected April 20, 1867. per H. and
! r., No. 81, and approved as per last
above, in lieu of the south half section SO.
township north, range Il west, San Ber-
| nardno meridian
BY letter G from this Office of August
20. 1888. above referred to, in reply to a
letter from the State Surveyor-G General OF
| California OF August /. 1888, making in
quiry as 10 whether the above selections
were confirmed by the Act OF March h.
1877, that officer was advised that the said
| selections, with the exception of that based
upon the northwest quarter section IS,
| township / north, range II west, San Ber-
| nardino meridian, covered by the Rancho
SINH, which was patented June %, 1865,
| We're void for the reason that the lands
| designated Us basis of the selections, which
were alleged TO be within private grants,
were shown to DE public lands unsurveyed
and hence were not confirmed by the Act
| referred to-
The above letter was evidently written
without knowledge Of the construction OF
the Act OF March !, 1877, adopted by The
Department, as set forth in the circular of
! the State ourveyor-General, entitled In
demnity school locations. Construction
/ given by the Hon. Secretary of the Interior
to the Act of Congre approved March
1871 entitled, etc, wherein, on page s, the
Hon. Secretary says:
Hence, without recapitulating OF furth-
er particulariZing the classes OF selections
! confirmed by said Act according to the
| construction thereof adopted by the De-
! partment, as shown above, it may be stated
| as q rule for future guidance in adjusting
the grant that in all cases of defective or
invalid indemnity school selections made
and certified prior to the passage of the
Act, wherein, by approved public SURVEYS,
| or by the final surveys Of Mexican grants,
! 1t has been, or may hereafter be ascertained
| that the deficiencies or losses in lieu of
which the selections were made, actually
| exist; and in all cases wherein il shall
appear that the selections were made in
anticipation of the surveys of Mexican
! grants in lieu OF sixteenth and thirty sixth
! sections supposed or alleged by the State 10
be lost in such grants, but where, upon
final surveys OF such grants, or by approved
| public surveys, made or approved after the
passage Of said Act, such school sections
shall be found in place, and not included
IN any grant, the selections will be treated
as confirmed; provided the selected lands
were subject to Congressional disposition at
the date of the Act
The same views were held by the Attor-
ney-General in his opinion of the construc-
| ton Of the Act, wherein he says (see page
| OF the circular referred tor II is
not questioned that the effect of this sec
! ton (2) is to confirm to the State of Califor-
| MIA the selections of lands made by it as
indemnity for those sections which have
been since found not to have been included
within the final survey OF a Mexican grant,
aud to reinvest the United States with the
| title thereto, TO be disposed of as other pub
| lie lands of the United States"
Furthermore, the Hon. Secretary said
! (see page IL of circular): In conclusion,
| viii say that selections are confirmed by
the Act OF 1877 only to the extent of the
Sctual losses or deficiencies designated as
bases therefor, except where the tracts
named as bases revert to the United States,
! under the provisions thereof, for disposal
as other public lands; that all lands, the
| selections whereof are not confirmed fall
| within the proyisos aforesaid for DISPOSE
| ton, for the reason that in such cases
| there are no 10th or Seth sections. the title
| to which the Government can resume
and that the words such 10th and Seth sec
| tons, found in the first provso Of the Act,
are construed to embrace and mean such
| school sections, designated as the bases of
final surveys of grants, or found in place
| by public surveys after the passage Of the
Act"
The bases of the selections being public
lands unsurveyed, am clearly of the opin-
ion that under the construction OF
| the Act of March l. 1877, adopted
! by the Department, as shown above, the
| foregoing selections, with the excep-
ton OF the portion of K. and r., No.
GIG, based upon the Rancho SINH (which
needs no confirmation. said grant having
been finally surveyed and patented at the
| date of the selection), and K. and R.,
No. 81, the basis of which as APP
proved, viz; Southwest quarter section SO,
township twenty south, range eight
east, Mount Diablo meridian, was at the
date thereof shown TO be partly public land
| in place, are confirmed by the second sec
ton Of said Act; and that the lands desig-
mated as bases thereof will, upon survey,
become public lands Of the United States
subject to disposal as such.