Arizona weekly citizen., 1890-01-11
U. s. LAND COURT.


 troduced in the U. $. Senate, bill the
 object of which is ito establish United
 States land court and provide for judi cial investigation and settlement of pri-
 vate land claims in the states of Color
 ado and Nevada, and in the territories
 of Arizona, New Mexico, Utah and Wy
 oming" 1t has been twice read, and is
 nOw before the committee on private
 land claims. Under this measure the | proposed court shall consist of a chief 1 justice and two associate justices, com
 patent attorney to represent the govern
 ment, an expert in English and Spanish,
 clerk of court, deputy and stenograph-
 CTS. This court by one or more of its
 members shall be in session at least six months in the year at the capitals of
 the states and territories named Terms
 may also be held in Washington as the convenience of the business may re-
 quire.
 This court shall be divided into three departments, and the chief justice shall assign the judges to preside over these, and the justice of each department shall have power to hear and determine all cases coming before him; and from time to time as may be necessary the three justices shall sit in banc, and when thus sitting, they shall constitute a higher court to which cases from the depart ment courts may be appealed, similar to our present judicial system. In all cases where the value of the property does not exceed 5000 the decision of the court in | banc is made final, but where the | amount of valuation is greater than this | sum appeal may be taken by contesting | parties or by the United States to the | United States supreme court. All pri- | vate land claims must be presented be- fore this court for adjudication within three years from the time the bill be- | comes a law. Evidence taken before | the surveyors general shall be compe- tent; additional testimony may be taken by depositiOns, or oral testimony may be presented. Persons claiming an adverse title or holding under the United States shall have the right to intervene as a party in interest
 In determining causes the court shall be governed by treaty provisions, the nations, the laws of the government from which the claim is derived, the prin- ciples of equity and decisions of the su- preme court of the United States so far is they are applicable. In 10 case shall the court confirm q claim for more than the original grant, and in confirming such grant, in whole or in part, the court shall specify in its decree plainly -he locating, boundaries and probable lrea Of the claim confirmed. No con , irmation "shall confer any right or title % any gold, silver or quicksilver or min 'rals of the same, unless the grant claim d effected the donation or sale of such hines CT minerals, which shall remain he property of the United States, with he right of working the same and the same to be worked" Land of lG0 acres or less not included in my grant occupied and owned by people whose ancestors were of Spanish or Mex can descent shall be confirmed by them lpon proper evidence of their occupancy md possession.
 Grants confirmed by the court shall be ertified up 10 the general land office nd dsuryeyed and platted under direction I the surveyor general. Due publIca- { lon of such survey shall be made and fter ninety days, if there be no objection 0 1t, the papers in the case are sent ack to the land office, examined by the ecretary of the interior, resubmitted to . he land court, and upon final approval [ y the survey and plat again sent back l 9 the general land office, when the com llssloneT Is authorized to issue patent. 1 ( I the survey shall be objected to by any lterested party during the ninety days ' IS open for examination at the survey = r generals office, then the objections T hall be laid first before tine commisslon- r r of the general land office, secretary of le interior and afterward come again efore the land court for final review.
 Ample provision for publication as to S he opening of the terms, regular or spe- a lal, are made. and notices must also be c ublished in English and Spanish, as to ne survey having been made, giving all abundant opportunity to call v nd investigate any case at the survey f generals office before the approval of a ne survey by the higher offlcials-San- r } Fe New Mexican. a