The Arizona sentinel., 1899-08-19
w. A. RICHARDS,
Acting Commissioner

Acting Commissioner
 GENERAL LAND OFFICE, WASHINGTON, D. G., August i, 1899. Hon. J. F. Will son, Prescott, Arizona. Sir:-In your letter of July q, 1899, you state that many settlers bought homes in the Al godones grant in Arizona, believing that they were acquiring good titles; that you understand that the grant has been declared void, and the lands thrown open to entry; and that you are rella- bly, informed that the settlers have i'm proved their purchases, which consti' ute their only homes.
 You wish to know whether this office has the power to give these settlers the preference right of entry, after notice ol their claims, if go, you most earnestly ask that the right De accorded them.
 You desire to have everything possl' ble done, at least until congress meets and you can get 8 bill through for the protection of the settlers.
 have the honor to advise you that under the treaty between the United States and the republic of Mexico, at the city of Guadaloupe-Hi Hidalgo, on Feb ruary 2, 1S4S, @ statutes, 922) and the treaty between the same powers on De- cember 30, 1853, 10 statutes, 1O3D all lands embraced within the limits ot Mexican or Spanish grants, or claims, at the dates said treaties were duly rat flied, were, by the provisions ot said treaties, placed in state of reservation, and the secretary of the interior has held that the reservation was continued in force by the act of March 3, 1891, (26 statutes, s54) creating the court ot prl' vate land claims, to remain in force un- til the judgment of the court becomes final and in all respects complete. See case of Joseph Farr, A L. D., l.
 On May 23, 1898, the supreme court of the United States rendered decision adversely to the Algodones grant, and remanded the case to the court of pri- vate land claims for further proceedings, the lower court having decided Tn favor of the grant; and May 9, 1899, the su- preme court denied the petition for a rehearing which had been filed by the claimants under the grant.
 On June l, 1899, the clerk of the court ot private land claims was requested to advise this office whether final action had been taken in the matter, and on June 5, 1899, the clerk reported that his office had not been notified of the mandate of the supreme court, and that, as soon as the mandate was received, he would inform this office.
 Up to this time nothing further has been heard relative to the case.
 However, inasmuch as the local offic- CTS at Tucson had inquired as to when the lands covered by the grant would become subject to entry, this office on May 25, 1899, informed the local officers by telegram that the matter would be submitted to the secretary of the interi- or. The matter has not yet been sub mitted to the department, however, as the clerk of the court of private land claims has not reported that the case has been finally disposed of.
 From the foregoing statement of facts 1t will be seen that this office is unable to say when the lands covered by the grant will become subject to entry.
 am not aware of the existence of any law authorizing this office to accord preference rights of entry in such cases, except the act of May 14, 1880, (21 stat utes, 140) under which actual settlers on the public lands are allowed three months in which to put their claims of record.
 However, should action be delayed in the matter until after congress con- venes, this office would make favora- ble report on bill granting preference rights of entry to those who purchased in good faith from the grant claimants.
 Very respectfully,
 ". 4. RICHARDS,
 Acting Commissioner.