Arizona weekly citizen., 1890-05-10
THE WICKHAM LAND BILL.


 reported favorably in both houses. The
 bill as it will pass the house is known d:
 the Wickham bill, and as this measure
 will in all likelihood become law with
 in short time, the New Mexican here
 with presents to the people short, but
 correct and comprehensive synopsis Ci
 this to them most important measure.
 The bill establishes land court, to consist of one chief justice and two as sociate justices. These are to hold office during good behavior and are to receNe a salary of S5,000 per year. There shall be a chief clerk of the court at Washington and deputy at the capitals of the states and territories where the court is to be held. A steno- grapher for the court shall also be ap- pointed. The U. $. marshals of the sever al districts shall attend the court, and serve its processes.
 The court shall hold one term annual ly in Colorado, New Mexico and Arizona, and such extra and special terms as may be found necessary. Within sixty days after the appointment of its members, the court shall meet in Washington and organize. Thirty days notice of the holding of the term shall be given prior to each term.
 The bill provides for the appointment of an attorney to represent the United States before the court and for an official interpreter.
 All testimony which has been hereto fore lawfully and regularly received by the several surveyors general or the commissioner of the general land office, upon all claims presented io them, shall be admitted as evidence in all trials un- der thls act, when the person testify ing Is dead, and the court shall give it such weight as in its judgment it ought to have.
 Persons interested in land claims de- rived from the Spanish and Mexican government shall present petitions set ting forth the nature of the claims to the lands, stating the date and form of the grant, concession, warrant, survey or order, under which they claim, by whom made, the quaa tity of land claimed ID whose possession, where situate, with a 1 map showing the boundaries, also if 1 already considered and passed upon. i whether favorable CT otherwise, ana pray in such petition that the validity of | such title or claim be inquired into and i decided. General rules of procedure 1 are prescribed, and the court Is to adopt | set of rules. Questions O. fact may b, l submitted to Jurles ii the court so sees lit; all subsequent proceedings shall be 1 conducted as Iii courts of equity of the l United States. The right of appeal to 1 the supreme court of the United States Is given either party in interest.
 Whenever there is final decree af hrming the validity of any claim given, the clerk of the court shall sa certify To the commissioner Of the general land office, who shall cause the tract so con firmed to be surveyed without delay at the cost of the United States. and when any such survey shall have been finally approved the United States shall issue Q patent for the claim.
 The provision Of the act shall extend to all town grants, colony grants. community grants, etc.
 All claims of any and all descriptions must be presented within three years from the taking effect of the act.
 The following provisions are establish ed: No claim shall be allowed that shall not appear to be upon title lawfully and regularly derived from the govern! ment of Spain and Mexico, and that the United States are bound by the orin- ciples of public law or by the provisions of the treaty of cession to respect and to become complete and perfect. Noclain shall be allowed that wlll interfere with or overthrow any just Indian title CT right to any land.
 All mines and minerals shall remain the property of the United States. but nothing shall authorize the working of any mines On the grant by any person except the confirmee or his assiguees, un- tli congress shall provide by law there for. Nothing shall affect the right of any private person to any of the lands in question, and decrees of combinations shall only operate as a release of title, and of the United States to the land confirmed. In case it should happen that any lands decreed to any claimants shall have already been disposed of bv the United States, land scrip in the proper amount in lieu of such confirmed claims. for lands within the proper state or ter ritory wherein the original grant is locat- { ed, IS to be issued to the claimant by the comm:s sioner of the general land office under prescribed rules and regula- E tions In township surveys hereafter to be . made, if it shall appear to the satisfac- ton of the deputy surveyor making the surveys, that any person has through hlmself, hls ancestors or grantors. been ln actual bona fide possession of any l tract Of land not exceeding lG0 acres for twenty years preceding the time of making the survey. the deputy surveyor shall recognize and establish the lines of such possessions and make the subdivis- Ion or the adjoining lands m accordance
  Teyor shall return with his sur- ! vey the name or names of all persons found in possession, with proper de- scription of the lands. and the proofs of such possession furnished him by claim ants. Upon receipt of such survey and proofs the commissioner of the general land office shall cause patents to be issue dior the tracts of land accordingly. ln all townships heretofore surveyed m Colorado, New Mexico, Arizona, Wy oming, Nevada and Utah, all persons who, or whose ancestors or rrantors be- came citizens of the United States by reason of the treaty of Guadalupe Hi dalgo, and who have been m actual DOS session of tracts of not exceeding l60 acres each for twenty years preceding the survey of the townships wherein shall be entitled, upon making