Arizona weekly journal-miner., 1890-07-09

aggrandisemes.f, can have no weigh
with fairness, Intelligence, impartislit
and Justice. The motive of the ~
SCISSOR in attempting by the delivery Q
that letter 10 anticipate the decision o
your board upon questions that might
subse9 gently be raised before is, with
ont regard TO Its legal status.
evidenced by the Eindietive. malicious
and nwarranted fslsity OF the mAterie
statements whereby he endesvors 10 ex
plain. and does disclose the motive anC
object Tor making the vicious yalua
ton. The letter was illegally presented
before the controversy in question wa
raised before your board, and even be
fore your board came into existence
IL carries upon its lace an unde rtskinl
60 not only attack the legal tights o
this company. but by an attempt TO sp
| peal 10 public sentiment, seeks 20 CO
cree you from the path Of Justice and
| sworn duty. Under these circumstan
res il Is proper that your attention be
called To some OF the false material
| statements contained in the document
The charge that the average value OF
the lands in the county is $50 per
acre, does not tavorsbly compare with
the sworn return Of assessments made
by the assessor. A careful examination
OF the roll shows that there Is not q
tract OF agricultural land, after deduct
ing improvements, that is valued above
50 per acre, or only one-sixth of the
value stated in his published letter.
Consistency is jewel" i, is not con-
tended Tor moment that the values of
lands in the valleys. should be fixed at
$50 per acre, or any greater sum than
has been fixed, but il ia charged that
the tone Of this letter shows that the
grant lands have been assessed. for =
persona reason, At value many times
greater than their true value. As an
argument for making this cinehing, er-
cessive sud coniscstipg assessment Of
the grant lands. the letter states, that
the company refuses 10 apply for title
to the lands, and that only one tenth Of
the grant Is taxable because il is not
surveyed and theoretically charges th
company with preventing its survey. II
has already been shown how aud why
the government refuses to deliver the
evidence Of title TO the company, yet
selection after selection has been made
at the various land offices, which have
never been confirmed, through some
official action OF the land department
of the government, denying the COM
pany's right. We assert that this COM
pany is anxious 10 get patents TO all OF
its grant and has used every available
means at its command 10 procure the
same. Your attention is also called to
the decision on the appeal OF this COM
pany. (Vol. q, Land Dec. page So
wherein this company has not only
offered to pay the costs Of surveying the
grant lands, but also the government
lands-it sum amounting 10 hundreds
OF thousands OF dollars--and leave the
money Tor future adjustment. Secretary
Lamar in returning the papers 70 Com
missioner Sparks, declining the Offer,
said
ain relation 10 this offer 20 deposit
the costs Of survey, have TO say that l
know Of no law that authorizes the Off
GERS OF the land department to accept or
use such deposit of money for the pur-
pose named. There are laws which
authorize special deposits for the pur-
pose OF making surveys at the instance
of settlers, and also laws relating to the
surveys OF private grants. But there is
DO law which have found which an
;horizes such deposits for the purpose
of surveying lands within railroad
limits.
"The law, which il is claimed, author
ICES the acceptance of the company's
offer. is the act of July 81, 1876, Q9
states l2ll. reisting TO surveys of public
lands. This act says:
'erhat before any land granted to any
railroad by the United States shall be
conveyed 10 such company, there shall
he first paid into the treasury of the
United States the costs OF surveying, 1
selecting and conveying the same, by
said company or persons in interest"
''Under this law the proper officers oil
the government have authority 70 re-
ceive from the company such sums "a
would cover the expenses spoken of, but
| donot construe il SO as 10 authorize a
deposit in advance, OF an estim ,ted sum
for the purpose OF making survey OF
the railroad lands and which deposit
instead of being paid into the treasury,
as the law says, il to be retained by the
and used as he thinks
best. IL is clear that the payment re-
auired by the act is only the reimburse
ment to the government of the expense
of surveying, etc, of such lands rs the
may b entitled TO. The COM
pany is only entitled TO the alternate
odd numbered sections within the linn
its liked, and, If it were 10 get all these,
it woald get but one-hali of the lands
which must necessarily be surveyed
along it's line; and for this half only
does he law exact payment and author
ize the receipt of money by its officers.
Ii the officers Of the land department
were TO accept deposit from the com.
pany IN advance, and devote it TO sur
veying railro ID lands, money would still
be necessary TO pay for the survey OF
the other half OF the lands. for it is
utterly impossible ~ survey the odd
sections without surveying those bear
ing even numbers.
"The proposal OF the company to
furnish enough money to cover the
whole expense of survey, and let it
stand On deposit for future ADJUST
ment. in other words, 30 lend the COM
missioner of the general land Office .
sum of money which the law did not
authorize him TO borrow, in order to do
IL. L..