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In this case the width of the claim on the northerly side is more than 300 feet from the discovery opening; and the plat and field notes has this day been returned to the surveyor general for correction in said particular.

Referring to the second objection by protestant, I find that the location notice describes the claim as follows: “Beginning at M. C. stone No. 3 on the Hope Lode, and running W. 73° E. along the north line of said Hope Lode 795 feet to a stake; thence W. 680°W. 953 feet to a stake; thence S. 730 W. 89.4 feet to a stake; thence south 66° 30' W. 1,343 feet to a stake; thence south 680 E. 841 feet to a stake; thence W. 66° 20' E. 720 feet to the point of beginning. Discovery stake is 140 feet N. E. from corner-stone No. 3 of the Hope Lode, and 125 feet north from north line of Hope Lode." This location was made February 12, 1876.

The field notes of the survey presented for patent show that the surveyor began at the same point as did the location; that he ran S. 66° 30' W. (instead of east, as in the location), along the north boundary of the Hope Lode claim “to a post marked for southwest corner of Potosi Lode”; thence N. 680 W. (the same coufses given for these two lines in the location) to a point from which northwest corner of this claim bears N. 680 west 238 feet distant. Bearing in mind that the width of this claim as surveyed for patent is much less than as located, and that the northwest corner here referred to is the northwest corner of the location; that the westerly line bears N. 680 W. in both location and survey for patent, and that said line continued, as above shown in said survey, in the same direction intersects at the northwest corner of the location, it is evident that the westerly line of location and the westerly line of survey for patent coincide and are one and the same line, for, when extended 238 feet in the same direction beyond the northwest corner of said survey, they are both found at the same point. Hence I conclude that the stake found by the surveyor at the southwest corner, and described by him as “a post marked for southwest corner of Potosi Lode," was the location corner post. The measurement eastwardly does not give a greater linear distance than that given in the location, and I therefore conclude that the survey cannot extend eastwardly beyond the location.

On the third point of objection, it is only necessary to say that it does not apply to this case. As shown above the southerly and westerly boundary lines of survey are proven to have been the location boundary lines—the first being a line common to two surveys, and the second being proven, as aforesaid, to coincide with the westerly location line. The northerly boundary line is within the location, and the easterly boundary is by measurement less than that given in the location. There is no adverse interest involved, and no averment is made that the boundary stakes are not those marking the location. I therefore decide that the applicant can proceed for patent after the surveyor general shall have corrected the survey and plat, as aforesaid, to comply with the law in respect to the lateral measurement on the northerly side of the discovery opening.

You will be hereafter governed in your official action by the rule herein stated with regard to the width of lode claims. Give notice to all parties, and acknowledge receipt hereof. The papers are herewith returned. Very respectfully,

J. A. WILLIAMSON,

Commissioner. The work of the special division of this office having charge of business arising under the laws for the disposal of mineral lands during the fiscal year ending June 30, 1878, and its condition at the beginning of the current year, are thus stated : Mineral entries made from July 1, 1877, to June 30, 1878 ...............

642 Patents issued.....

547 Mineral lands sold (acres) .......

21, 637, 37 Mineral contests received ...

249 Mineral contests disposed of ......

1, 114 1, 450

Whole number mineral entries on file and undisposed of .........
Agricultural entries a waiting decision on the character of the land........
Applications to enter lands withdrawn as mineral on which hearings have

been held and now awaiting action .........
Contests between adverse mineral claimants..............................

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Swamp and overflowed lands.

Under the acts of Congress granting swamp and overflowed lands to the several States, 905,697.98 acres have been claimed during the past fiscal year and the claims reported to this office, making the total amount selected to the end of said year 68,516,635.26 acres. One hundred and seventy-seven thousand six hundred and thirty-seven and thirty-one hundredths acres were formally approved, making a total amount of 51,487,910.51 acres approved since the passage of the acts.

Two hundred and forty-seven and ninety-six hundredths acres were approved to the State of Louisiana under the act of March 2, 1819, which approval has the force and effect of a patent, making the entire amount approved to the State under said act 8,291,225.31 acres. .

Two hundred and two thousand six hundred and seventy-nine and eighty-nine hundredths acres have been patented under the act of September 28, 1850 (Rev. Stat., secs. 2479, 2480, and 2481), making the whole amount patented under said act 39,408,159.31 acres.

In addition to the lands in place approved and patented as above stated, 5,331.26 acres have been patented pursuant to the provisions of the act of March 2, 1855 (Rev. Stat., sec. 2482), as indemnity for swamp lands entered with warrants or scrip, increasing the amount thus patented to 419,534.41 acres.

The aggregate amount of land definitely disposed of by approval and patents under the several acts from the passage thereof to the close of the fiscal year is 48,118,919.03 acres.

The portion of the official work to be spoken of under this head is considerably in arrears, in consequence of the insufficiency of the clerical force which can be spared from other pressing business to bring it up. I append a statement, showing what was done in connection therewith during the fiscal year and the present condition of the work in the division having it in charge: Number of letters received.....

.... 1,037 Number of letters written.....

1,087 Number of pages of letter record filled

891 Number of lists approved ....... Number of pages in same ....... Number of pages in certified copies of approved lists prepared and transmi to the governors of the several States and the district land offices...

198 Number of patents executed ........

30 Number of pages of patent record filled.

86 Number of pages of swamp-selection records filled ..

396 Number of tracts in regard to which evidence has been examined in contests between individuals and the swamp-land claimants .......

272 Number of such tracts found “not swamp” and the claim rejected...

267 Number of pages of evidence examined in such cases.......

608 Number of tracts in regard to which evidence has been examined in contests

between railroads and the swamp-land claimants .... Number of such tracts found to be “not swamp” and the claim rejected ........ Number of pages of testimony examined in such cases........

740 Number of tracts examined by the field notes of survey to determine their character ...

5, 166 Number of such tracts found “not swamp”...... Number of tracts upon which claims for indemnity have been adjusted Number of pages of evidence examined in indemnity cases .........

1, 120 Number of certified copies prepared for individuals ............

60 Except correspondence, the work of the division is, and has been for several years, considerably in arrears. The portion most in arrears includes examination of claims for indemnity, in which the evidence has been filed, some of it a number of years ; examination and adjustment of claims for lands in place in the several States, amounting to several

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In this case the width of the claim on the northerly side is more than 300 feet from the discovery opening; and the plat and field notes has this day been returned to the surveyor general for correction in said particular.

Referring to the second objection by protestant, I find that the location notice describes the claim as follows: “Beginning at M. C. stone No. 3 on the Hope Lode, and running W. 73° E. along the north line of said Hope Lode 795 feet to a stake; thence W. 680 W. 953 feet to a stake; thence S. 730 W. 89.4 feet to a stake; thence south 66° 30' W. 1,343 feet to a stake; thence south 680 E. 841 feet to a stake; thence W. 66° 20' E. 720 feet to the point of beginning. Discovery stake is 140 feet N. E. from corner-stone No. 3 of the Hope Lode, and 125 feet north from north line of Hope Lode." This location was made February 12, 1876.

The field notes of the survey presented for patent show that the surveyor began at the same point as did the location; that he ran S. 66° 30' W. (instead of east, as in the location), along the north boundary of the Hope Lode claim “to a post marked for southwest corner of Potosi Lode"; thence N. 680 W. (the same courses given for these two lines in the location) to a point from which northwest corner of this claim bears N. 680 west 238 feet distant. Bearing in mind that the width of this claim as surveyed for patent is much less than as located, and that the northwest corner here referred to is the northwest corner of the location; that the westerly line bears N. 680 W. in both location and survey for patent, and that said line continued, as above shown in said survey, in the same direction intersects at the northwest corner of the location, it is evident that the westerly line of location and the westerly line of survey for patent coincide and are one and the same line, for, when extended 238 feet in the same direction beyond the northwest corner of said survey, they are both found at the same point. Hence I conclude that the stake found by the surveyor at the southwest corner, and described by him as “a post marked for southwest corner of Potosi Lode," was the location corner post. The measurement eastwardly does not give a greater linear distance than that given in the location, and I therefore conclude that the survey cannot extend eastwardly beyond the location.

On the third point of objection, it is only necessary to say that it does not apply to this case. As shown above the southerly and westerly boundary lines of survey are proven to have been the location boundary lines—the first being a line common to two surveys, and the second being proven, as aforesaid, to coincide with the westerly location line. The northerly boundary line is within the location, and the easterly boundary is by measurement less than that given in the location. There is no adverse interest involved, and no averment is made that the boundary stakes are not those marking the location. I therefore decide that the applicant can proceed for patent after the surveyor general shall have corrected the survey and plat, as aforesaid, to comply with the law in respect to the lateral measurement on the northerly side of the discovery opening.

You will be hereafter governed in your official action by the rule herein stated with regard to the width of lode claims. Give notice to all parties, and acknowledge receipt hereof. The papers are herewith returned. Very respectfully,

J. A. WILLIAMSON,

Commissioner. The work of the special division of this office having charge of business arising under the laws for the disposal of mineral lands during the fiscal year ending June 30, 1878, and its condition at the beginning of the current year, are thus stated: Mineral entries made from July 1, 1877, to June 30, 1878 .......

642 Patents issued.............

547 Mineral lands sold (acres) ...........

.... 21, 637, 37 Mineral contests received ..............

249 Mineral contests disposed of .......

71

1, 114 1,450

Whole number mineral entries on file and undisposed of....
Agricultural entries awaiting decision on the character of the land..
Applications to enter lands withdrawn as mineral on which hearings have

been held and now awaiting action ........ Contests between adverse mineral claimants....

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Swamp and overflowed lands.

Under the acts of Congress granting swamp and overflowed lands to the several States, 905,697.98 acres have been claimed during the past fiscal year and the claims reported to this office, making the total amount selected to the end of said year 68,516,635.26 acres. One hundred and seventy-seven thousand six hundred and thirty-seven and thirty-one hundredths acres were formally approved, making a total amount of 51,487,910.51 acres approved since the passage of the acts.

Two hundred and forty-seven and ninety-six hundredths acres were approved to the State of Louisiana under the act of March 2, 1819, which approval has the force and effect of a patent, making the entire amount approved to the State under said act 8,291,225.31 acres.

Two hundred and two thousand six hundred and seventy-nine and eighty-nine hundredths acres have been patented under the act of September 28, 1850 (Rev. Stat., secs. 2479, 2480, and 2481), making the whole amount patented under said act 39,408,159.31 acres.

In addition to the lands in place approved and patented as above stated, 5,331.26 acres have been patented pursuant to the provisions of the act of March 2, 1855 (Rev. Stat., sec. 2482), as indemnity for swamp lands entered with warrants or scrip, increasing the amount thus patented to 419,534.41 acres.

The aggregate amount of land definitely disposed of by approval and patents under the several acts from the passage thereof to the close of the fiscal year is 48,118,919.03 acres.

The portion of the official work to be spoken of under this head is considerably in arrears, in consequence of the insufficiency of the clerical force which can be spared from other pressing business to bring it up. I append a statement, showing what was done in connection therewith during the fiscal year and the present condition of the work in the division having it in charge: Number of letters received......... Number of letters written...........

1, 087 Number of pages of letter record filled .

891 Number of lists approved .......

32 Number of pages in same .........

98 Number of pages in certified copies of approved lists prepared and transmitted to the governors of the several States and the district land offices...

198 Number of patents executed ............

30 Number of pages of patent record filled ....... Number of pages of swamp-selection records filled ...

396 Number of tracts in regard to which evidence has been examined in contests between individuals and the swamp-land claimants.........

272 Number of such tracts found “not swamp" and the claim rejected.......... 267 Number of pages of evidence examined in such cases................

608 Number of tracts in regard to which evidence has been examined in contests

between railroads and the swamp-land claimants ........... Number of such tracts found to be “not swamp” and the claim rejected........ 53 Number of pages of testimony examined in such cases.......

740 Number of tracts examined by the field notes of survey to determine their character ......

................ 5, 166 Number of such tracts found “not swamp”...... Number of tracts upon which claims for indemnity have been adjusted

........ 82 Number of pages of evidence examined in indemnity cases ..........

1, 120 Number of certified copies prepared for individuals ...................

60 Except correspondence, the work of the division is, and has been for several years, considerably in arrears. The portion most in arrears includes examination of claims for indemnity, in which the evidence has been filed, some of it a number of years; examination and adjustment of claims for lands in place in the several States, amounting to several

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millions of acres, already reported and entered on the records; examination of contested cases, in some of which the testimony is quite voluminous; examining and noting on the records of a number of lists of lands selected and reported from Minnesota within the past year, and preparation of patents. To bring the work in the division now in arrears up to date would require the labor of the present force for several years, if employed upon that alone.

I append several decisions rendered by the department during the last fiscal year in cases arising under the laws granting swamp and overflowed land to the States:

A homestead entry is not a claim recognized by the swamp act of 1860.
The action of the legislature of Minnesota, approved by the chief executive of the State, was, as far as

ower existed in the grantee, a selection by her of the lands granted, and this selection was made within the time prescribed by the act of March 12, 1860. The failure of the officers of the Interior Department to perform the required act of segregation and list

ing of swamp lands enuring to the State of Minnesota does not defeat or forfeit the claim of the State thereto.

DEPARTMENT OF THE INTERIOR,

Washington, D. C., December 4, 1877. Sir: I have considered the questions presented in your letter of September 4, 1877, in connection with the claim of the State of Minnesota to the S. E. of s. w. of section 3, township 115, range 30 west, Redwood Falls land district, under the swamp grant.

The first point for investigation in the consideration of the questions presented is in relation to the selection of the tract, and in order to arrive at a correct understanding of the same, a history of the transaction must be given.

The first and second sections of the act of September 28, 1850, are as follows:

“That to enable the State of Arkansas to construct the necessary levees and drains to reclaim the swamp and overflowed lands therein, the whole of those swamp and overflowed lands made unfit thereby for cultivation which shall remain unsold at the passage of this act shall be, and the same are hereby, granted to said State.

“SECTION 2. That it shall be the duty of the Secretary of the Interior, as soon as may be practicable after the passage of this act, to make out an accurate list and plats of the lands described as aforesaid and transmit the same to the governor of the State of Arkansas, and at the request of said governor cause a patent to be issued to the State therefor; and on that patent the fee simple to said lands shall vest in the said State of Arkansas, subject to the disposal of the legislature thereof: Provided, however, That the proceeds of said lands, whether from sale or by direct appropriation in kind, shall be applied exclusively, as far as necessary, to the purpose of reclaiming said lands by means of the levees and drains aforesaid.”

It is herein stated what lands are granted, the manner of selecting the same, and the method of conveying title to the State. It has been repeatedly held that the act in question made a grant in prasenti.

The act of March 12, 1860, is as follows:

“That the provisions of the act of Congress entitled “An act to enable the State of Arkansas and other States to reclaim the 'swamp lands' within their limits," approved September twenty-eight, eighteen hundred and fifty, be, and the same are hereby, extended to the States of Minnesota and Oregon: Provided, That the grant hereby made shall not include any lands which the government of the United States may have reserved, sold, or disposed of [in pursuance of any law heretofore enacted) prior to the confirmation of title to be made under the authority of the said act.

“SECTION 2. That the selection to be made from lands already surveyed in each of the States, including Minnesota and Oregon, under the authority of the act aforesaid and of the act to aid the State of Louisiana in draining the swamp lands therein, approved March second, one thousand eight hundred and forty-nine, shall be made within two years from the adjournment of the legislature of each State at its next session after the date of this act, and as to all lands hereafter to be surveyed, within two years from such adjournment, at the next session after notice by the Secretary of the Interior to the governor of the State that the surveys have been completed and confirmed."

It will be observed that no specific provisions are indicated as to the manner of selection, although the time within which said selections shall be made is fixed. A correct interpretation of the second section of the act, however, in my opinion, establishes the manner in which the selection should have been made, viz, it should have been done as provided in the act of September 28, 1850; and while under the administration of the law by your office different methods of selection appear to have been practiced, each may have, in effect, resulted in the preparation, by the Secretary of the Interior, of a list of lands designated as swamp.

Under date of May 21, 1860, your office addressed a communication to the Governor

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