Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1899-10-26
OVOUK VEIED LAMBS.
Correspondence Of Interest to
Persons Who Have APP
Piled for Such Lands.

1874 to 1887 applications we're received
and filed fer unsurveyed lands in the
State Land Office. AS the applicants
are doubtless of the opinion hat they
acquired some rights under the appli-
cation, the following correspondence
may interest them and others:
Carson City, oct. IL, 1899.
Hon. w. d. Jones, Attorney General
Nevada.
Sir: The records of the Land Of
fee show hat several applications are
on file for the purchase of lands in un-
surveyed townships. The applications
on their face show that the Z. S. Sc
lection fees for each l60 acres or less,
the applicant, but the money was not
paid to the United States Officials, and,
except in a few cases, it was rot turned
over to me, } is it credited to the APP
p"licant on the books OF this office.
As the State Land Laws, as [ under
stand them, do not authorize the State
Land Register to accept applications
for u~nsurveyed lands, and certify the
same to the Controller and Treasurer,
and as the State cannot select such
lands in the United States Land Office,
| respectfully ask you, my legal ad-
wiser, what action | shall take regard
ing these applications? The appli-
cants, doubtless. believe that they have
preferred rights for the purchase OF
lands applied for, when the plats Of
survey are filed in this Office, while, as
| understand it, the applications hav-
ing been made without authority OF
law, give the applicants no standing
whatever, as claimants. |, therefore,
deem it my duty, in view of the fact
that plats of townships in which some
of the lands described in the applica-
lions are situated, may be filed in this
Office in the near future, to get your
opinion, that | may advise the appli-
cants as to the rights, if any, they
have acquired, by virtue Of such APP
plicatiOns. | am sir, respectfully,
f. ID. KELLEY,
State Land Register.
Carson City. Oct. p, 1899.
Hon. (. ID. Kelley, State Land Resister,
Sir; Your letter of 1Ith., instant,
asking my opinion as to what standing
applicants for the purchase of unsur-
veyed land have, under the Laws of
Nevada, is before me.
Before the State can entertain an APP
plicatiOn for tie sale of any lands
coded to it by the General Government
such lands must have been surveyed
by the Government, and duly certified
to you as such.
Section 4 of the Statutes OF 1889.
page 124, says that the applicant, or
his agent, shall designate in his appli-
cation, the land applied for, "in con-
fOrmity with the United States survey.
This requirement cannot be complied
with until the lands applied for, have
been surveyed by the U 5. Govern
ment, and that fact is known in you1
Office in an official manner. If YOU
should entertain such an application,
you cannot make the selection in the
L. S. Land Office, because there would
be no plat there, are the lands are I'M
surveyed.
All through the fourth section OF
the Statutes of 1889, page l24-5, the
language: the Prescription of the
lands, the lands described in the APP
~plicatiOn, " such lands as are stu
ated, > "describing the same as in ap,
~pIication, - any lands 50 applied for, >
and like language is used, and all re
fers to such description as can only be
applied to lands hat have been sur.
veycd by the Government, and 50 GER
titled to the State Land Register.
1t is therefore, my opinion that YOU
should decline to accept applications
for the sale Of unsurveyed Govern
ment Land.
In cases whore your predecessors in
Office received applications for unsur-
veyed lands, | advise hat you notify
such applicants that they acquired no
rights to the lana, by reason of such
application, and advise them, that,
under the law, they are entitled to
Withdraw the money paid into the
State Treasury, on such applications,
as they are void.
Ia cases where the books of your Of
flee, and of the Z. S. Land Office show
that the $500 selection fee never reach
ed the Z. S. Land Office, iyeu are not
responsible for such deficit, as it. trans
pred during the term of the State
Land Register, when such application
was made, and he alone is responsible.
l am further of the opinion, that, by
reason Of any such premature appli-
cations, the applicants acquired no
preferred rights whatever.
The first applicant, in due form, of
two or more, for the same lard, after
thn Mat nf +hn ,,rox 81 49,. " .