Imperial Valley press., 1909-02-27
RESTORATION TO ENTRY
Continued from page 1)


 President Alamo Irrigation Co.,
 Brawley. California.
 Sir: In reply to your letter dated November 2l, 1908, you are advised that this office can not authorize you or your assistants to recstablsh the original survey of townships along the 3rd standard Parallel South, Tvps. t2 S. Rs. i2, l3, 14. 15 and 16 E,, $. B. M.. California.
 Unofficial information which at var ious times has been received in this office from local surveyors and inter csted parties indicates that but few corhers of original survey of said townships are now in existence, that the corners found do not bear true re- ation to one another, that if connect ed by a resurvey the sections so de- veloped would contain over 760 acres instead of GAO acres as shown by the field notes of original survey, indicat- ing that the original survey was either erroneous or fraudulent, in be- ing only partially established.
 In the townships south of the 3rd Standard Parallel in ranges before named. recently surveyed, the same conditions of original survey obtained, and some of the surveying deputies located school sections 16 and 36 by proportionate measurement from a few widely divergent original corners found, only one of which was the cor ner of a school section. The re-loca- tions were made in accordance with Oficial Circular on restoration of lost or obliterated corners, of March 14, 1901, which in this case appears to be in- applicable and unjustifiable because the locations of school sections thus theoretically established conhicted with vested rights of settlers and was not upon (public) land subject to such location; the areas surveyed out were in excess of the established area ac- cording to the original field notes, and their location is beyond any reason able allowable limit of error in lati tude and departure from the initial corners used for the reestablishment.
 It would appear that vested rights should not be disturbed by a theore tical survey apparently inapplicable as in this instance, and the surveying out of school sections over the claims of settlers who had left inyiolate sec tions 16 and 36 each containing GAO acres or a mile square ill measure ment in accordance with such uno1Ii- cial corners as were found upon the their claims, thus respecting the just rights of the State or the purchasers from the State as understood by them, in the absence of any corners what ever to indicate any other location of school land
 I have stated this case of the re- survey for the purpose of showing you how impracticable it is for this office to instruct you how to make To- cal surveys for the purpose of locating settlers in the townships north of the 3rd Standard Parallel, yet it seems an imperative public duty to aid pres ent and prospective settlers upon the public domain to properly locate them selves, hence, I would suggest that settlers locate their claims with refer ard Parallel executed by A. A. Hen dersOn in 1903, as being preferable to any other plan for the reason that should resurvey of the said townships at any future time be authorized by Congress, the claim lines of the set tiers will be found to coincide with the sections of the resurvey. How ever, as school sections 16 and 36 in each township enure to the State in the location established by the origin al survey, such school sections should be surveyed out if they can be located by any existing corners thereon or corners adjacent thereto. The same procedure must be observed 'in re- gard to all present valid dlsposals to individuals under the land laws of the U. S. also, railroad companies having grants of land within the said town ships must be considered in the same manner In fact no survey or settle ment should conflict with vested rights, but the Railroad Companies as well as the State may be induced by proper effort to legally waive their rights in respect to location of their holdings and take the numbered sec tions or subdivisions to which they are entitled under the resurvey, How