Imperial Valley press., 1912-10-31
IMPORTANT LANO DECISION
UPHOLDS OLD SURVEY

LOS ANGELES, Oct. 31.-One of the
most sweeping and important decisions
Of recent years is that rendered under
date of October 10 by the secretary of
day by G. H. p. Shaw and H. G. Steph-
ems attorneys for Denton ID. Copen-
haver. d. S. HARRISON brought suit to
oust Copenhaver from $50 acres of land
in the Imperial valley, located about
four miles northwest of Silsbee and IL
miles west of Ell Centre. 1t is regarded
as of special Importance because it will
practically settle at least so contests in
the Imperial valley, and is worthy of
careful review.
The original survey of the land was
made by the government in 1856, but
the marks were practically obliterated
years before any attempt was made 10
homestead the lands.
In 1900 the Imperial Land company,
in order to encourage settlement, at
tempted to trace the original govern
ment lines, believed that it had done
so, and many persons filed on the land
according to these tracings.
1t was discovered by the interior de-
partment that the tracings were MT
accurate, and in 1907 the general land
office ordered a re-survey, declaring
that "the lands in question should oc-
cupy the status of unsurveyed lands
until re-surveyed."
Tn III
per filed on $50 acres, described by the
retraced lines as made by the Imperial
company. In 1907 they relinquishe ed
their claim in favor of Denton D. Cop
enhaver, and in August of the same
year Copenhaver filed on the land, US
ing the same description of the 1856
survey, as retraced. Two months in
advance of this, however, June, 1907,
D. S. HARRISON and wife filed on the
same 32O acres, describing it by the
supposed lines of the new survey that
had been ordered by the land office,
but which had not yet been adopted.
He did no work until after Copenhaver
filed his homestead, and then he, Har-
bison, did the first work on the land.
To make it clear, then, the situation
at this stage was as follows: HARRISON
had filed in June, on the supposed but
unconfirmed lines of the resurvey, sup :
porting his claim on the declaration IF
the general land office that the land
should occupy the status Of unsurveyed
land until resurveyed. Copenhaver
filed two months later, on the lines of
the recognized survey of 1856, re-
traced by the Imperial company. Both
lai, i,,,i,, ha1 To-,
bison instituted proceedings before the
officials of the local land office to oust
Copenhaver and when the resurvey
was confirmed in 1909 continued to
cortest before the department of the
interior Both have now decided in
favor of Copenhavcr
In the decision received yesterday y
Secretary Walter Fisher, through
Samuel Adams, first assistant secretary
Of the Interior makes the statement
that these have always been survey ed
lands, since 1856, and the order of the
general land office declaring their
status to be-that of unsurveyed lands
must be considered as for administra-
tive purposes only, and that declarin g
them unsurveyed did not make them
So" He further decided against Har-
bison on the ground that he had not
followed the custom Of filing on the
old lines, other settlers in the neigh
borhood had done. The attorneys CT
Copenhaver declared yesterday that 1T
least so contests in the Imperial valley
will be settled by this decision. The
change made by the resurvey was 80
trifling as to be merely technical, but
this fact probably did not enter into
the decision
The inference to be taken from the
decision is that if HARRISON, havin Il
filed two months before Copenhaver
and having done the first work on the
land, had filed on the lines of the 1856
survey he would have won both by first
filing and first work. OF course, at
the present time filings are being mad
! on the lines of the resurvey, which, as
stated, was confirmed in 1909.