The morning call., 1893-07-22
LINES.
Absence of Monuments on
Surveyed Lands.
Surveyor General Pratt Asks the
General Land Office Not to
Grant ReSurveyS.

Commissioner to something which threat
ems to cause no end Of trouble to the Land
Department, besides prospect Of a re-
survey of nearly ali OF the land in this
State.
The absence OF corner monuments from
the boundary lines is the cause of much
controversy between land-o wners, and in
many instances resurveys have been asked
for and old surveys have been restored.
The granting of such TeSurveys and res
torations, Mr.. Pratt thinks. establishes
precedents that will result in consequences
of most disturbing character to the land
status IN California. AS his suggestions
are of the utmost interest TO landowners
they are given in bis own words:
Il beg 10 call your attention to a matter
which from small beginnings IS rapidly
growing to a degree of Importance that
threatens an entire departure from the
usageS ana laws governing the surveys of
public lands. l allude to the resurveying
or restoration by the Govern ment of sur
veys made and accepted many years ago,
wherein the right, title and interest of the
United States to lands so surveyed have
passed into private ownership.
1T is an undisputed fact that no monu-
ments or other evidences of corners OF
many nf the older surveys are to be found;
also that in many instances corners are
now found which show surveys to have
been incorrectly made, and the matter is
further complicated BIZ doubt as 20
whether such corners were so placed by
the deputy surveyor or BY parties in in
terest. This state of affairs is due to the
lapse Of time, the action of the elements,
imperfect or incorrect work and to IL sys-
tematic destruction of corner monuments
by which interested parties are enabled to
control, Illegally, larger areas of land.
LAS the grazing ami Agricultural lan0a
in this State are rapidly increasing in
value and large holdings are being sub
divided to accommodate the increasing
population the i'm portance OF accurate and
authentic boundary lines increases in pro-
portion. Were the title 10 the lands still
IN the possession of the Government
proper settlement of the difficulty would
encounter no intrlcacleS, but the right,
title and interest tn this land having been
parted with by the Government, legal
questions at once arise in any attempt TO
adjust the difficulties The General Land
Office having performed the Office of sur
veying the lands and dispOslng of the
Governments title to the same, the
assumption is that this department
has no further jurisdiction. and
that all disputes relative 10 the boundaries
and titles must be settled in a court of
competent lurisd dictioD. This view has
been generally entertained by The General
Land Office. and regulations based upon
such construction have been framed in a
circular entitled Restoration OF Lost and
Obliterated Corners
During the past year the departure has
been made by the General Land Office
with reference to certain cases in this
State, and from this precedent l fear will
follow demands for surveys correcting and
restoring old surveys that will not cease
until almost the entire State shall have
been resurveyed, and will impose upon the
surveying, in addition TO its proper work,
duties OF quasf-ludicla nature.
LAS an Illustration | will take the last
case now pending of township south,
range 2 east, S. B. NJ, the survey Of which
is purported TO have been made by II. S.
Wash burn, a deputy surveyor, in 1857.
and accepted and approved the same wear.
Owing to the disappearance Of the original
corners. charged by the settlers TO various
causes, the proper boundaries of the pat
ented lands is a matter Of bitter disputes
and expensive litigation. Now, after
lapse of thirty-sx years the settlers ask
for a restoration Of the old Washburn sur.
vey, Involving almost the entire township.
To deny this assistance TO the settlers is to
work them hardship, while TO accede TO
their petition is 10 establish a precedent
which will reopen the survey of almost
every township in this district and finally
involve the Office with suits brought in the
various courts.
Il might refer to other cases that have
arisen during the year of more serious
character. but as this one is now pending
refer to it and respectfully ask that it be
considered with view to outlining care
lul policy in tie future.
10 adjust new surveys to incorrect or
imperfect former surveys is somewhat of
TASK, but to correct them and restore
surveys OF years standing and to adjust
them 10 existing vested rights is serious
mater and one that. in my opinion, can
hoG De undertaken by this department"
mere were thirty-nine cases on the
docHet 10 be tried. covering about $500
acres, when Mr. Pratt submitted his last
report! Slnce then there have been ter
auuitlonal suspensions made by the re-
quest OF the State Surveyor General, in
voivlhg 55'4oo acres. making a total of
iorty,hlhe cases, OF which nine have been
heard ana disposed OF, embracing 44S0
acres. At the request of the Federal
office, the State Surveyor-General directed
seventeen cases, covering $500 acres, to be
dismissed 1or a iack Of prosecution. Alto
gether. TWENTY-FIVE cases are on the record
to be tried. involving 40. $50 acres ''
during tne year contracts aud special
instructions Tor the surveying of mali
lands have incurred an aggregate liahiIitv |
of S29, 498 A.
There has been received in special de-
posit3 on account of mineral SURVEYS
S4260. the same amount that was received
during the previous fiscal year. while
the deposits for surveys Of public lands bv
railroad companies and private land
claimants have amour ted to only S7a96 90
against S25, $50 50 for the year previous.
The lands surveyed during the year have
aggregated 79S miles. In the Indian work
the office has been enabled to turn over a
survey amounting TO 109, 726 acres OF the
Round Valley reservation to the Indian
Department
Said Mr.. Pratt to THE CALL reporter:
"The appropriation for the office Is not
so large this year as last. and just as
work is increasing in its demands and we
need larger clerical force the funds are
cut down. Our work is delayed by an in
sufficient appropriation.
Applications for mineral surveys have
decreased, owing to the compl'ca tions
thrown around them at Washington.
Miners now prefer to exhaust the ore
rather than to patent their claims, for
mere Is much trouble In complying with
the requirements OF the Interior Depart
meht In relation to patents. If it were an
easy matter to obtain patents miners would
not 90 without them. for they are protec-
.ioIi' anu the owners of patented claims
can 60 on and leave them al pleasure and
Without any risk"