The record-union., 1895-06-28
LOCAL DECISIONS IN LAND CASES.
Several Rendered by the Government
Land Office,
Ono In Favor Of the Central Pacific
Company and One Against It
a Placer Case.

a Placer Case.
Register Thomas Fraser and Receiver
Charles (. Gardner of the United States
Land Office have rendered decisions in
the following cases:
In the case of the heirs and legal repre-
sentatVes OF Thomas Murray, deceased,
aAd Emna l.. Jones, homestead claim
ants, against the Central Pacific Railroad
Company, Involving the south hall or
the northeast quarter and the northwest
quarter OF The southeast quarter OF sec
lion IL, township 10 north, range east,
Nj. ID. NJ, they decide that the land lnures
to the company, under It's land grant, ana
that the entries OF the homestead cIalIn-
ants should be Cancelled.
This conclusion is based upon the find
ings OF fact that The land IN question lies
within the primary limits of the grant
made by Act OF Congress OF July l, IoO2,
as enlarged by the ACT Of July = 1864, 10
aid in the construction of the Central Pa
ciho Railroad. and opposite the section
thereof, that was definitely located March
20, 1864.
That in the year 1859 one Thomas Bolton
was residing upon, cultlvatlng and i'm
proving the south half OF the northeast
quarter, and the west half OF the southeast
quarter OF section l3, township 10 north,
to do up TO and including the 10Th day OF
March, 1864 and for some time thereafter;
that his improvements consisted OF
house, some fencing, water ditch, some
fruit trees, vines and small garden
wherein he raised vegetables for market;
that the said Bolton died some eight years
ago; that he continued TO reside upon the
land IN question, with the exception OF a
small portion which he sold subsequent
10 March 70, 1864, until a short time prior
to his death; that the said Bolton was OF
African descent and was born IN the state
of Virginia, u. 5. A.; that he had been
slave.
las to other matters brought out in
the testimony" say the Land Office offi-
cials, 1--WE do not deem 1t necessary 10
find, as this case turns upon the point as
to whether the said Bolton on the SAID
10th day of March, 1864, the date Of the
attachment of the land grant of the
said Central Pacific Railroad Company TO
the odd-numbered sections in the locality
OF the lands in question, was qualified
claimant under either the homestead or
pr6-emptiOn laws of the United States.
The homestead and pre-emption laws
provide that every person being the head
of family, or widow, or single person
over the age OF Il years and a citizen of
the United States, or having filed a decIa
ration of intention to become such, as re-
Quired by the naturalization law, may
take up land under the same, the COndi-
tiOns as to residence, cultivation and I'M
provement OF the land so sought TO be
snIered being complied with.
The evidence shows that Bolton was,
on the 10Th day of March, 1864, over u
years of age. Was he a citizen of the
United States at that time? Neither the
Constitution nor any Act of Congress de-
fines citizenship. andrews Manual of
the Constitution, p. So " c therefore
turn L0 the decisions OF the courts Tor q
definition of this term. With the deCs
ions OF Judge fancy IN che bred Scott
case and Justice Field N re Look Tin
Sing y Fed. Kep., 800 before Us, we
must find that on the 10Th day OF March,
1864, the said Thomas Bolton was nos a
citizen Of the nited States and was not
at that time qualified to make q pre-emp-
ton or homestead entry.
The land is IN the vicinity Of Green
Valley, FL Dorado County, ana has been
occupied by settlers adversely 10 the
railroad company Tor many years. The
late Irving W. Mills appeared for the
company at the hearing.
IN FAVOR OF TIE APPLICANT.
Ia the case of Joseph Reinhart vs. The
Central Pacific railroad Company, in
TOlYiug the status Of forty acres OF land
10 Nevada County, described as the north
west quarter OF The southwest quarter
of section >, township - north, range
L.
land was excepted from the operation Of
the land giant to the Central Pacific Rail
road Company by reason OF the residence
upon, cultivation and improvement
thereof by one James +. Jatunn, Quali-
fed pr6-emptOr. on July =, 1862, the date
OF SAID land grant to said company, and
OF the definite location OF its roadbed
September IA, 1866. Charles W. Kits OF
Grass alley appeared for the applicant,
and Ed. K. Taylor for the company.
NOT MINERAL LAND.
In re the State Of California application
TO select. under the lieu" land grant, lot
of section 3, lotB l, and OF section 26,
township north. range IL east, NJ. d.
NJ, IN Calaveras County, returned as
mineral in character OF the Official plat of
survey, the decision Is that the tracts in
question possess no value for mining
purposes, or the mineral therein con-
tained, and the mineral return thereon by
the Survey or General has been over
thrown and is set aside and vacated that
said tracts, as a present fact, do possess
some value for grazing or agricultural
purposes, and are eligible 10 be selected as
indemnity; that the states application to
select should be filed, and the mineral re-
turn rescinded, and that, upon accept
ance by the Hon. Commissioner, and
payment of the legal fees, the same be
filed.
L. A. Roberts appeared for the State OF
California at the hearing.
AN IMPORTANT PLACER CASE.
There Is on trial an important case
from Placer County. The land in dis
pute is the southwest quarter OF section
s. township II north, range east, NJ. ID.
NJ, involving 100 acres near the town OF
Lincoln and worth about $50 per acre.
The parties are Peter Ahart, applicant,
and Hiram c. Stone, respondent.
The questions at issue are whether
Ahart should be allowed TO purchase the
land in question from the nited States
under the provisions of Section .. Act OF
Congress Of March 3, 1887, he being
purchaser from the railroad company or
whether the land should finally be
awarded to the respondent under the
homestead law, the same having been ex-
cepted from the land grant 10 the Central
Pacific Railroad Company by decision OF
the Secretary of the Interior.
Incidental thereto the settlement, resi-
dence upon, and cultivation of the land
by the respondent are being exhaustiVe.y
gone into, as well as the character of the
improvements made by the applicant.
J. ". Hughes appears for Ahart, and Ed.
+. Taylor for the respondent
Lawn Party This Evening.