Arizona weekly enterprise., 1890-05-10
The Wiekham Land Bill.

Dlll aS II W1li pass the house IS known as the Wickham bill, and as this meas ure will in all likelihood become law within short time, the New Mexican herewith presents to the people a short, but correct and comprehensive synop- sis Of this 10 them most important measure.
 The bill establishes land court, 10 consist of one chief justice and two ae sociate justices. These are to hold of flee during good behavior and are 10 receive a salary of $j,000 per year. There shall be chief clerk Of the court at Washington and deputy at the capitals Of the states and territor- ies where the court is to be held. A stenographer for the court shall also be appointed. The U. S marshals of the several districts shall attend the court and serve it's processes.
 The court shall hold one term an nually in Colorado, New Mexico and Arizona, and such extra and special terms as may be found necessary. Within sixty days after the appoint ment of it's members the court shall meet in Washington and organize Thirty days notice of the holding of the term shall be given prior 10 each l term.
 The bill provides for the appoint ment of an attorney to represent the United States before the court and for an official interpreter.
 All testimony which has been here | fnFOra h and h rI ,or1:,,,.l by the surveyor generals or the com missioner of the general land office, upon all claims represented to them, shall be admitted as evidence ill all trials under this act, when the person testifying Is dead, and the court shall give it such weight as in its judgment it ought to have.
 Persons interested in land claims derived from the Spanish and MeXi- can government shall present petitions | setting forth the nature of the claims. to the lands, stating the date and form 1 Of the grant, concession, warrant, sur vey or order under which they claim, by whom made, the quantity of land claimed, in whose possession, where situate, with map showing the boun- daries, also ii already considered and passed upon, whether favorable or otherwise, and pray in such petition that the validity of such title or claim be inquired into and decided. Gener- al rules of procedure are prescribed, and the court is 10 adopt a set of rules. 1 Questions of fact may be submitted to 1 ! ha If an h sequent proceedings shall be conduct ed as in courts of equity of the United States. The right of appeal to the supreme court of the United States is given either party in interest.
 Wherever there is 8 final decree af- firming the validity of any claim giv- en, the clerk of the court shall so cer- ] tify to the commissioner of the gen nral land office, who shall cause the tract so confirmed to be surveyed with out delay at the cost of the United States, and when any such survey shall have been finally approved by the Unitesh States shall issue patent for the claim.
 The provision of the act shall extend
 
 munlty grants, etc.
 All claims of any and all dese1ip, tions must he presented within three years from the taking effect of the act
 The following provisions are estab- lished: No claim shall be allowed that shall not appear to be upon ti- tie lawfully and regularly derived from the government of Spain and Mexico and that the United States are bound by the principles of public law or by the provisions of the treaty of cessior to respect and to become complete and perfect. No claim shall be allowed that will interfere with or overthrow any just Indian title or right to any
 land.
 All mines and minerals shall re
 main the property of the United States
 but nothing shall authorize the work } ing of any mines on the grant by any
 person except the confirmee or his as signees, until congress shall provide
 by law therefor. Nothing shall a6ec the right of any private person to an. l of the lands in question, and deeree 7 Of combinations shall only operate al
 a release of title, and of the Unite, l States to the land confirmed. Tn case it should happen that an, lands decreed to any claimants sinai have already been disposed of by th United States, land script in the prop } CT amount in lieu of such confirmed , claim, for lands within the prope | fntn l,n ,O ? grant is located, is to be issued to tn, : claimant by the commissioner of tn 5 general land office under prescribet l rules and regulations.
 r In township surveys hereafter to b. , made, if it shall appear 10 the satis l faction of the deputy surveyor mak t ing the surveys, that any person hai , through himself, his ancestors or grant !, ors, been in actual bona-fide posses S sion of any tract of land not exceedin! l 16O acres for twenty years preceding t the time of making the survey, th'
 deputy surveyor shall recognize. an, 2 establish the lines of such possession | and make the subdivision of the ad , joining lands in accordance herewith AhO uCput1 chiNVSOi Siioi iNtulli Nltl , his survey the name or names of al i persons found in possession, with + proper description of the lands, an e the proofs of such possession furnish e ed him by claimants, Upon receip t of such survey and proofs the con 5 missioner of the general land ofiic 0 shall cause patents to be issued fO e the tracts of land accordingly. | In all townships heretofore survey n ed in Colorado, New Mexico, Arizon. T. Wyoming, Nevada and Utah, all pel
 sons who, or whose ancestors or gran
 ors became citizens of the Unite 2 States by reason of the treaty of Gu: :. dalupe Hidalgo, and who have bee Q in actual possession of tracts not eS = ceeding 160 acres each for twent I years preceding the survey of tn = townships wherein situated, shall b entitled, upon making proof of sue
 fact to the satisfaction of the registe v and receiver of the proper land di: < trict, to enter. without payment { :, purchase money, fees or commission , such legal subdivision, not exceedin . 160 acres. as shall include their sai