Phoenix weekly herald., 1898-10-20

he Disputed Boundary Settled
Plats Will be Filed
In the Local Land Office Nov. ~ h
Entries Open on that Datf,
Department of the Interior.
General Land Office.

1
| Washinrto y. c.. May 81. 1898
/ REGISTER and Receiver, Tucson. Ari-
Zona.
SirS=I am in recent of the follow
ing letter dated May II. 1898:
/ We are informed that Il portion of
the San Carlos reservation has heen
surveyed and rlatted. and that the
] plats therefor will likely be filed in
| this office The surveys are onlv the eN-
terror lines and the land to he segre-
Gated IS reported to be coal and min
pral land.
We reSnectfur1v ask TO he instructed
rs TO whether II will he necessary to
advertise the filing of the plats the
,e,,ol time before annlications to make
ortries can he received hv us.
We wonld also ask that a supply of
blanks of all kinds used in the lnca-
tion of coal land be sent to this office
~ we have none on hand
The act of Juno 10. 1906. 90 Stat.
26M. provides. with reference to the
oronirg of said reservation:
That ur>on the fling in the United
STATES local land office for the district
IN which the lands surrendered bv ar
ticle one of the FOREGOING agreement
IRE situated of the annroved Mat of
survey authorized bv this section. the
,ana,S 50 surrendered shall he oDen to
nccl1nation 1oca tion and purchase I'M
Ter the provisions of the mineralland
1nwS onlv subject to the several ar
ricles of the foregoing agreement:
Provided. That the terms of this sec
ion shall not he construed to authorize
Nccnnancy of said lands for mining
purposes prior to the date of filing said
annroved nlalt of survey: Provided.
however That any person who in good
faith nrior TO tlle passage of this act
had discovered and onened. or located.
I mine of coal or other material. shall
have preference right of purchase
Cor rinetv davS from and after the
official filing in the local land office of
the anrroved Mat of survey provided
for by this section.
The survey provided hy said act has
heen nada and the record thereof is
III this OFFICE awaiting the recent of
the renor-t of the surveyors eXamina-
tion which has been called for. When
said reror-t is received the record will
he examined and the annroved plat of
survey Will be forwarded TO your office
eor filing as nrovi1ed for in said act. |
There is 10 aDDarent necessity for the !
'-iS17apce of Instructions in tine matter
~ this time. hut for the informa ton of
vor1r office and tO enahfe YOU to ans
wer inquiries relative TO the opening
# said reservation. certain facts may
be stated with reference TO said res
ervation.
In the onening of the B1ackfeet res
arva tion in Montana which was pro-
vided hv said act in terms similar to
hose which provided for the opening
IF the San Carlos reservation. office
letter of March % 1898. forwarded to
-he local office the annroved nlat of
survey for fling on ADril II. 1898. and
the local officers were directed to give
notice "bv furnishing the Inforrna ton
20 the local napcrs as Il matter of news
md by posting notice thereof in con-
~ricuol1S Mace in your office and such
other means will he used as will re-
Srlt in Giving as wide and general i'll
formation of the notice rs possible"
The only difference in the onening of
said reservations is that of the San
ogaq.los reservation will be onened sub
iect to the ''nrpference right of nur
-l>asp'' provided for by the act of June
70 1896. srlpra. This need not. how
over. affect the Kramer of giving no
ice of the San Carlos onening. The
preference right of purchase is accord
d only TO those who in good faith prior
sold act had discovered unon or To-
.ated n mine of coal or other mineral
mon said land. And in order TO pre-
serve their rights such claimants
would he required 70 show continu-
lrs compliance with the local and gen
1ral laws and regulations. BY the
'arrnS Of said act. however. no person
-ould initiate a claim to land in such
after the date of the act
md nrior to the date of the oDenine-
V'he1,e is no subdivision survive for the
ands to he opened. Coal claimants
viii. therefore he protected by show
ng compliance With the coal land
avs and regula tionS in the matter of
of their claims. The min
.ral claimants NAV therefore rest upon
heir RIGHTS acquired by their posses
,ol-v titles and not file notice of their
'aimS in the Land Department. In
lew of this fact the local officers will
:; > no particular duty to perform in
10 Gaening of said reservation except
> zive notice of the filing of the an-
-0vol plat in the manner to be indi-
II d when such approved plat is for
2 ded to the local office. 1t is under
cod that when said lands are onen-
4 hey will he subject TO the operation
{ Ne United States mineral land laws
)nly.
The necessary blanks in coal cases
viii be duly forwarded TO YOUR office
Very respectfully.
BINGER HERMANN.
Commissioner.