Arizona weekly enterprise., 1888-03-24
MARK SMITHS BILL.
A Law Which The Land Grab beFS Don't Want. As it will Protect the Rights 0f tkze
 Settlers of Arizona

States, 1t was the intention of the United | States, as expressed in the treaties of | cession, and as required by the comity | ot nations, to assume such obligations, | and none other, as were incumbent on | the Mexican government at the dates respectively mentioned In the treaties of | cession; and 1t shall not be competent | for any officer or tribunal of the United | States to presume by inference, coniect- ure, or construction, in any case, or in tentIon of CongI ess, by any statute passed In pursuance of treaty stipula- tlons or acts of Congress hereunder, to make grant de novo tosny claimant un- der Spanish or Mexican grant, or to confirm to any such claimant anything not individually possessed under Spanish or Mexican laws, or to confirm any claim for a quantity of land grea ter in any case than the quantity authorized 10 be granted and actually granted in that case under the laws of Spain or Mexico; nor shall any grant be respected or recognized which had not been located, and duly recorded in the archives of Mexico, and reduced to actual posses sion as private property at the date fixed by the respective treaties of cession for the recognition and acknowledgment of legitimate titles, nor shall mineral lands, nor lands occupied or reserved for pub lie purposes or national defense, nor lands in the occupation of native Mex ican or Indian inhabitants at the date of grant be held or deemed to have been included in any grant or concession by the Spanish or Mexican governments, or to be embraced within the general terms of any confirmation by the United States, m this absence of an express grant and confirmation of such particular lands; nor shall grants or concessions confer ring common right of occupancy only be held or deemed to be conveyance of fee simple title, or as vesting any indi- vidual right in or to such common lands
 SEC. 2. That no claim under any alleged Spanish or Mexican land grant within territory ceded by Mexico to the United States shall be entertained or recognized by any surveyor general or other officer of the United States before the original evidences of grant, or duly certified copies thereof from the original records of the government under which the grant is claimed, shall have been filed in the office of the surveyor general, and the authenticity thereof satisfac- torily established; nor shall any segre- gation survey be made, or reservation | created, or hereafter maintained on ac- count of any Spanish or Mexican private land claim until Congress shall have confirmed the same as legitimate title under the laws of Mexico as the same existed at the date fixed by treaty of i cession for the recognition of legitimate 1 titles; nor shall any survey be made or | reservation created or maintained, or | patent issued for a greater quantity of land on account of any confirmed prl- vate land claim than the quantity ex pressly mentioned in the act of con 1 tirmation, nor, in case of confirmation heretofore made without express men tion of quantity, shall any claim be sur veyed or patented or lands reserved therefor for greater quantity of land than the quantity lawfully granted and claimed and actually possessed as private property at the date of the treaty of cession; and all private land claims with in the territory mentioned exceeding in the area claimed the quantity of land which citizens of the United States are authorized to acquire under the home stead and preemption laws, and which have not lawfully presented and prima facie established, and which shall not be presented to the sIrveyor-general auth orzed to receive the same within one year from the date of this act, with authentic evidences of grant, and proofs of actual property possession at the date of the treaty of cession, shall be deemed defnitively abandoned, and the same shall thereafter be forever barred.
 SEC 3. That it shall be the duty of the surveyors-general, charged under ex- isting laws with the investigation of pri- vate land claims to forthwith proceed, under the direction of the President of the United States, to make a thorough examination and investigation of all un- confirmed and unpatented claims which have heretofore been presented, or which may hereafter be presented as provided in this; and the proper and necessary expenses of such examination and inves- tigation shall be pald on the order of the President from any moneys in the treas
 ury not otherwise appropriated.
 SEC. 4. That the surveyor genera shall render a decision on each claim finally examined by hlm as above pro. vided and if his decision be in favor oi tbe United States, an appeal thersfren shall lie to the commissioner of the gen eral land office, and from the commis- sioner of the general land office to the secretary of the interior; and the fina
 decisions of the executive department
 adverse to claimants shall be conclusive
 If the decision of the surveyor genera
 be in favor of the claimant, the same shall be subject to review by the com
 missioner of the general land office anc the secretary of the interior, and al claims approved by the secretary of tho interior upon such examination, investI, gation, and review, shall be reported tC Congress for its action with view tc
 the confirmation of just and bona fd, claims as provided by treaty stipulations
 SEC. 5. That all claims now pendin! before Congress upon reports of the sur | veyor-general recommending their re
 lection, where such recommendation have been concurred in by the commis sioner of the general land office, or tn
 secretary of the interior, or not non concurred in by either of said officers be, and the same are hereby, finally re iected, and the lands embraced therein or heretofore reserved ob account of sucI claims shall be open to homestead entr,
 by actual inhabitants thereon from anC after the passage of this act; and al ether claims now pending before Con grsss are hereby remanded to the secre