Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1913-07-09


g. cases where. from screpancle'
Or imperfeciions in neId notes. .
may become necessary 'Dr the prop
or compilation OF maps. or TOR ibl
+ proper location and idaHiifcation o
said lands upon the ground the com
miss Toner Of the general and Office
Is hereby invested win full power
lHd authority 10 have such surveys
made ss DO may deem necessary ana
10 appoint competent grgcyors foi
Tubs purpose
And saId act furthr provides. that
.any surveyor appointe1 under h'
provisions Of this Law shall make
land execute bond Ia 'hs sum Of ten
thousand dollars. conditioned and
payable the ame a. bonds of county
land district surveyors that be- shall
also take the oath prescribed by the
constitution for other officers sai1
bond 200 boz approved hy the commits
U0uDr 70. the General land office and
ghal br conditioned a. other survey
|or bonds
D. also provides that said survey
or shall boz under the control and ~
rrotIon Of the commissioner Of the
general land office. and under saan
direction may survey the coamon
school university and asylum lands.
or other lands IN which fho state
may be- interested and prepare ana
return field notes OF same and certify
90 ans and 400 facts and generally do
and perform such official acts as
might lawfully be- done by county
or district surveyor. and shall sigu
his name officially a. state survey
Tor
Said act alsO provides that the
commit aioncr of the genera land Of
fiDo may have any land belonging To
The common school university OF
asylum fund. or other land in which
tho state mas be- interested or hands
alternating thorcWith surveyed OF
rr .urteyed. and field notes or cor
rrrtod neld notes of same returned
to hE office by any Surveyor appoint
."d under this law, which Held notes
ball nave the same force and effect
ls ' made by The county or district
boz which said land Iirs aud upon
thr adoption and approval OF said
Told notes by the commissioner Of
the general land office. ho shall for
,arl to ihe surveyor of the county
ui district iu which aud land lies
certified copies OF said field notes
which thereafter shall boz part OF
thc record of said surveyor office
Zoo carrying ont the provisions of this
hw the commissioner of the general
land office may when requested by
the owner of lands altoruatinr with
th" lands rosuryeycd under the poo
visions 0f this law. cancel patents aud
boa lieu thereof issue patents 100 ac-
rordauce with said 90. survey provid-
ga that all such owners shall pay
the expenses incurred In making such
corrected ,uryeyeog their luds and
iu issuing said patents
therefore conclude. a.. "a conru-
ion of law thar under said statute
Of lNNt as above set out. the commits
sionrr of the general land office had
the right. power and authority a.
hav" said rosur,ey made by the aid
vs. % Twitchel under bis control
and direction. aud when So made Go
approve the said corrected Held
notes Or found b. him correct and iu
compliance with his direction aud
that when said corrected field note.
were examined and approved hy said
land commissioner. and certified
copies of the same forwarded to the
surveyor of the county iu which said
land lies, and when made part of the
records Of said sur yeyor's office that
said corrected field notes so made.
returned and field are binding and
of fun force and effect against ul'
parties affected thereby. ucmdiur
The state. bon the absence of fraud or
mistake. OF the intervening rights of
other parties not parties thereto. and
no fraud or mistak. or the lutcryou-
ng rights OF other parties having
been shown iu this case. Judgment
has been rendered for the plaintiff
upon the Intervention of the state dl
cd iu this ease
GEORGE CALHOUN
JUDGE -.rl Judicial District
10 s true. a. found hy the court
that the orisInal Held notes of the
surveys Offered iu evidence iu this
case do not cover an NJ the land
sought 90 be- recovered by the state
That is to say. - Vc understand the
evidence the surveys 10 the south
and west of the alleged yacancio. are
located upon the GROUND by estahli .h-
ed corners, found and recognized hy
objects called for Boa their field notes
The only corner IN fhe surveys 90 the
east and north off the alleged yacau-
cIes. capable of being identified by
objects called fnr 200 the field notes.
D. the Cobb corner. nine miles east OF
The alleged western vacancy. and ton .
mile. north of thr alleged southern .
vacancy Such being the case. Tie
proper way Co resIrey the lands 20
the east and north s 90 begin az said f.
cobb corner and run out the surveys /
course and distance as called for IN f.
the lied notes To so run said sur /
teys would leave 90 least a portion OF
the land sued for vacant But the F.
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