Bisbee daily review., 1902-08-08
LAND OFFICE
 KNOWS NOTHING
NO DECISION VET BEEN REIN. DERED Ir eiSeEE TOWN
 SITE CASE
Report from Tombstone False Alarm

SSS6
 Report from Tombstone . False Alarm
 Nothing Known at Tucson
 Yesterday the Review telegraphed the land office at Tucson asking if any information had been received from Washington to the effect that a decision had been rendered in the Bisbee townsite case in favor of the probate judge of this county.
 Last evening telegram was re- ceived stating that no decision had yet been rendered so far as the Tue. son land office knew.
 The report was circulated ia Bisbee Wednesday night by gentleman who arrived from Tombstone on the after noon train. His story was to the ef- feet that Judge Bostwick had received 8 private letter from Washington, D.. C., the evening previous, which stated that a decision had been reached in the case and would be handed down in favor of the probate judge.
 Bisbee is very much interested in this. matter and decision in favor of the probate judge, if sustained by the secretary of the interior. would be considered calamity at this time. The facts in the case are as follows:
 The probate judge Of this county filed his application for a patent to Bisbee townsite after this city be- came incorporated, and the law plain ly states that the mayor of all incor- porated cities is the proper person to make the application.
 Judge Bostwick was communicated with over the telephone at Tombstone yesterday and.stated that while he had not been advised that decision had been rendered in his favor, he was of the opinion that it would be, owing to the ruling of the surveyor general on the application of the city of Bis bee for a re-survey of the proposed townsite for Bisbee.
 Yesterday Attorney Miller, for the city received the ruling of the sur veyor general on the application of the city for new survey of the pro- posed townsite to be entered by the mayor The commissioner. in his opinion. sets forth that two surveys for Bisbee townsite have already been made. each embracing some of the land for which application is now made. The first survey was in 1895 and the second in 1901. The expense in each instance was paid out of the appropriation made by congress for this purpose.
 Incorporated in the findings of the commissioner is the following: "Bost- wick claims that he has proceeded in good faith under said petition and in cured large expense tabout $2,0O0) in connection with the interior sur vey and mapping of said townsite: that he had offered to turn over to the city authorities all plats and pa pers in his. possession relating thereto upon payment of the actual cost of the same to him, which said authorities refused to accept; and that therefore. the only method by which he could be reimbursed for his outlay would be through his entry of the land and sale of the lots.'
 continuing the commissioner says:
 70 It does not appear under the circumstances that the present appli cation should receive favorable ac. ton by this or your office. The re cent action of the people. as repre- sented by their new officials, should not be permitted to lead to further cost and trouble on the part of the United States, as this office does not wish to recognize conflicting interests of individuals. parties or corporations or to injure or disappoint those who have properly initiated lawful proceed ings.
 Tt is the view of this office that iI making the existing survey at the peoples demand it has fully compiled with the law provided for their bene fit, and there is no obligation to be gin de novo and disturb or overthrow all the right and equities that ma! have lawfully accrued to individuals.
 Said application is therefore here by denied
 From the last two paragraphs, l would appear that the commissions has a leaning towards the application of Judge Bostwick.
 Attorney Miller last night state that he would immediately appeal t the secretary of the interior iron the decision of Commissioner Bi1ge Herman.
 The city will make this point. Ths the townsite survey prayed for en bodies new land and is an entirel different application from that filed b Judge Bostwick, and that before tn city can proceed with it's patent, it i necessary that the government mak the proper survey.
 NOTICE TO sTocKHoLDERs