Bisbee daily review., 1904-10-21

VI oS 1nls orlce on July :. 1898
 May p. 1902. the surveyor general informed this office that W. P MIL Ter. city attorney Of the town of Bis pee, has requested a survey os tbat 0ownsite, and the surveyor general asked for instructions.
 1aiy 70, 1902. by letter e0' this office o'5nied the application of said attorney TOT a resurvey of said townsite
 Aprn 14. 1902. said. Bostwiclx filed hotlce or his intention to enter the iaAc embraced in the RockfelIow sur Ney, and the town authorities through inc city attorney flied a. protest against the allowance Of any entry 10 eoe 9adge for the reason that he was without authority to make the same in asnueh as on January g. 1902, the land was embraced within the corpor- ate limits of the Town of Bisbee. % They filed proof of the date of incor- poration of said town on said January 2, 1902. and the election and oualifca- ton of it's officers.
 April 25. 1902. the local officers re- gecte6 the application filed by the Judge, for the reason among other things that the corporate authorities only could make toWnsite entry. and the judge was not empowered to act.
 January s, 1903. on Bostwick's 3D. peal, this ofice. by letter "G" affirmed She decision of the local officers upon SAe grounds above mentioned.
 May 2e. 1903, the Secretary. on ap. peal, affirmed the decisions of this of nee rejecting said application to en- Ter said land, and October 10, 1903 the Acting Secreatry denied motion. hled by the town of Bisbee, for review of sad decision of May 2G. 1903, -e- Jecting the application for a resurvey. October 30. 1903. by letter e." said departmental decision was promulgat- e3 and the case closed
 November r, 1908, Bostwick in a letter @ this ofice acknowledged the receipt of a copy "of the Honorable Secretary of the Interiors decision in the matter of the Bisbee Townsite. % The case on Bostwick's application to enter does not appear to have been formerly closed by this office
 June 10. 1904. the local officers transmitted the townsite application. filed by Joseph J. Muirhead as Mayor of the City of Bisbee, and the proof thereafter made thereon by his sue cessor, John s. Taylor, together with a protest against the same by Bost- wick. From these papers find the following facts:
 March 2, 1904, Bostwick filed his protest. not under oath nor corroborat ed, against any entry of the land by the Mayor Of Bisbee. and against the use by said Mayor of my survey to make entry with until the City of Bis bee shall have paid me (acting as TTustee) for it," charging that he. ROstwick, caused sad survey and the interior survey to be made "at cost experiencing $3.O00.o0 with accrulng interest" and asked that the land de partment, before allowing the Mayor Of Bisbee to use said surrey, compel him to pay "the amount of my state Tnent now on file in the probate court of -Cochise county" March F, the local officers dismissed the protest, and April 12, 1904. Bostwlck filed his appeal.
 March 3, Muirhead, as Mayor, filed his application to enter, for townsite purposes, under sections 32S7 to szss U. g. Rev Stats. the larc em- braced in the Rockfellow survey, and March I2. he filed notice of his inten t..A to make proof therefor before the local officers on April 20. 1904 Notice was thereupon accordingly is sued for thirty consecutive days from Nareh II. 1904, in the newspaper des.s mated by the register and pub HsheC on the land. and 8 copy was posted in the registers. office duriAs t4-s gerlod oT publication ID the news paper
 noTlce vas:
 The land so applied for is described by the plat and field notes on file II ra,.s office. according to survey made by J. 4. Rockfellow, deputy U. $ Mineral Surveyor, under contract No 8 lated July 8, 1901, and oompris' 52e.esS acres.
 april 20. 1904, townsite proof wa submitted, DO one appearing in opposl ricn thereto, from which l further md the following facts.
 january 8, 19v2, the Town ot B-s bee" was duly incorporated. Eebru ary 15. 1904, by ordinance adopted D. the common council of the town Bisbee. the Mayor was authorized | a.D.y to enter and procure paten for said townsite as per saic Rookie low survey. Muirhead then, and at tn time he filed his application, was tn dulv elected. qualified, and acting May or oT said town.
 at the time or making proof John TavIo- was such Mayor. The Ian xas nrst settled upon as townslt ahout 1880. The permanent popuii .ion upon the land at the time surubitting proof, was estimated at nc nc 1ess than 5000 and from that to s,Oo rarsons One witness estimated tn zalue of the improvements on tn land at s150.OO0 but the other wltnes .astiraated it at s2,000, GOO. and the cit .olerk certified that the assessed Faiu as shown by the assessment roll va s4 Iaast S59e. .91o. The improvement .eoas sted of about 1900 dweiRn bouses and 100 business houses or SUI sfantial character All mineral iano knowu to be such by the "i1nesse .ere excluded from the survey an an lands in the survey were non-nsSI