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In pursuance of the foregoing decisions this office issued the following instructions:
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., August 10, 1878. REGISTER and RECEIVER,
United States District Land Office : GENTLEMEN: On the 23d ultimo the honorable Secretary of the Interior rendered decision in the case of Nelson Dudymott vs. The Kansas Pacific Railway Company, involving a construction of the last clause of section 3 of the act of Congress approved July 1, 1862, entitled "An act to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, * * *" (12 Stat., p. 489), which clause is in the following words:
“And all such lands, so granted by this section, which shall not be sold or disposed of by said company within three years after the entire road shall have been completed, shall be subject to settlement and pre-emption, like other lands, at a price not exceed ing one dollar and twenty-five cents per acre, to be paid to said company."
In accordance with such decision, a copy of which is herewith sent you, the following instructions are given. They will apply only to lands granted by said act of July 1, 1862, as amended by the act of July 2, 1864, and the act of March 3, 1869, authoriz. ing the transfer of part of the grant to the Union Pacific Railway Company, eastern division, to the Denver Pacific Railway Company.
Where any person shall apply to file a pre-emption declaratory statement for a tract, or tracts, not exceeding a quarter section, within the limits of such grant, and where the entire road shall have been completed for more than three years, such applicant will be required to show that he or she is duly qualified as a pre-emptor. Thereupon the declaratory statement will be conditionally received and the proper note thereof made.
You will immediately thereafter call upon the proper officer of the railroad company for a statement showing whether the lands applied for had been sold by it prior to the date of the application to file a declaratory statement therefor.
If the company shall report that the land had been so sold, the report must show the date of such sale, and the name of the person or persons to whom sold, and give a description of the deed or instrument of conveyance. On the receipt of such a report you will reject the application to file a declaratory statement, subject to appeal to this office.
If the company shall state that the land had not been so sold, you will allow the declaratory statement, and upon the applicant showing, at the proper time, a full compliance with the requirements of the pre-emption laws, permit payment and entry at $1.25 per acre.
Each declaratory statement allowed, and entry permitted, should be given its proper number of the current series.
Should the company neglect or refuse to furnish the required statement within thirty days after your call therefor, you will, upon a request by the pre-emption applicant, order a hearing to determine whether the tract or tracts applied for are subject to such filing, giving due notice of the time when and place where such hearing will be held, in some newspaper published and circulated in the county where the lands are situated, notifying said company, and any and all persons, if such there be, claiming title to said lands under it, to appear at the time and place mentioned and show cause why the declaratory statement should not be received.
At such hearing the applicant will be required to prove that he or she is an actual settler upon the land, and a qualified pre-emptor, and that the records of the county, where deeds and conveyances are recorded, do not show that the land had been sold at the date of the application to file declaratory statement therefor; and the company, or its grantee, will be permitted to establish the fact of such prior sale by it.
If the company, or its grantee, fail or refuse to appear and offer any testimony, and the proofs submitted by the applicant be, in your judgment, satisfactory, you will allow the filing of the declaratory statement, and transmit the record to this office for examination and instructions. If both parties appear at the hearing and submit testimony, you will transmit the record to this office with your joint opinion thereon.
As the law requires the proceeds of the sales of such lands to be paid to the company, payment therefor must be made with cash, and not with military bounty land warrants or agricultural-college scrip; nor can a pre-emption filing therefor be transmuted into a homestead entry.
In making returns of the lands thus sold you will transmit separate abstracts of such lands and accounts of moneys received therefor, for each company, in order that such moneys may be passed to the credit of the proper company.
For your information and guidance I subjoin the following list of companies whose grants are clearly under, or subject to, the terms of the act of July 1, 1862, with the date of the completion of each road, as appears from the records of the department:
Union Pacific Railroad), completed July 15, 1869.
Question as to the completion of the Central Branch, Union Pacific Railroad, has been submitted to the Secretary of the Interior by the company, and is now under consideration. Applications involving that company's lands, therefore, will not be considered by you until further instructed.
Should application be made to file for lands within the limits of grants other than those named above, with allegation that such lands are subject to the same or a like condition as imposed by the act of July 1, 1862, you will transmit the application to this office for instructions. Very respectfully,
J. A. WILLIAMSON,
Secretary of the Interior. SEPTEMBER 4, 1878.
Military bounty-land warrants and scrip.
The locations made with land warrants granted as bounties for military services under the respective acts of Congress of February 11, 1847. September 28, 1850, March 22, 1852, and March 3, 1855, during the last fiscal year, amount to 84,720 acres, which is less by 12,480 acres than the amount reported for the preceding fiscal year. .
No warrants issued under the act of July 27, 1842, which was a continuation of the law of May 6, 1812, appear to have been returned as located, nor have any locations been made with the warrants issued under the special act of Congress approved April 11, 1860, and known as “Porterfield warrants,” during the fiscal year.
Tabular statement No. 6, which accompanies this report, will be found to give a full and detailed exposition of the issues and locations of all the warrants granted under the four acts first above named.
This exhibit shows that 550,914 warrants of various amounts, aggregating 60,986,070 acres, have been issued; that 527,811 warrants, calling for 58,357,090 acres, have been located, and that 23,103 warrants, requiring for their satisfaction 2,628,980 acres of the public lands, are still unlocated.
There are now outstanding and unsatisfied warrants issued under the act of 27th July, 1842, representing 20,480 acres; and under the special warrants act of April 11, 1860, 2,400 acres.
Under the provisions of section 461 United States Revised Statutes, 219 exemplifications of patents, warrants, and papers on file have been made, upon payment of authorized fees therefor, and transmitted to parties in interest, during the fiscal year, while in the same period certificates of approval of the assignments of 371 military bounty-land warrants have been made and recorded, and 564 located warrants have been examined as to the validity and regularity of the titles thereto, and submitted for patent. Many cases have been suspended for want of proper evidence of title.
It was stated in my last annual report that a large number of located warrants were then on the suspended files of the office and withheld from patent on account of various specified defects. I have now to state that special attention has been given to this class of cases, with the con
fident expectation that thereby the difficulties in the way of an early settlement of these claims may be removed, and the same duly patented.
Under the 9th section of the act of Congress approved February 11, 1847, there were granted to certain soldiers in the war with Mexico bountyland warrants for 160 and 40 acres, according to the term of enlistment. These warrants were issued under directions from the Pension Bureau, then in the War Department, and were 6 to be deposited in the General Land Office, at the seat of government.” They were mailed to the address of the owners, as shown by the papers, and such as were not delivered found their way back to the office in dead letters. The following is a correct list of these warrants, with the number, and name of warrantee, with place of residence found thereon, and they will be delivered upon satisfactory proof of ownership from the party or parties entitled thereto :
ONE HUNDRED AND SIXTY ACRES.
Names of warrantees.
David G. W. Christian 4,558 James S. Gitty. 4, 808 Christian Ledigh ... 8.760 William H. Miller.. 11, 370 Richard Tolin ..... 12, 378 Robert McNair ... 12, 602 Margaret Snyder .. 15. 357 | Phillip Friezard.. 15, 514 James M. Walling .. 25, 913' Alexander Hood ..... 28, 162 Peter C. Melton... 28,715 John M. Guill, or Griell 29, 624 John Collins 29730 Theodore Scott ... 29, 745 John McMullen.
791 John Jublo ..... 32, 838 James Tierney.... 34, 135 Henry Castle ... 34, 601 / William Dudley .. 37, 680 Theodore Logan 44. 837 Josiah Dovle..... 46, 075 Mark D. Montgomery. 48,505 William Herberts...
Thaddeus W. Stephenson 52, 821 Peter Hertzoy 55, 575 James Murphey .... 55. 946 Peter Bance .... 56, 003 William Scoggin... 56, 737 Frederick Keller. 56, 985 Louis Shott ....... 57. 075 James Morgan......... 57. 188 William Hasse, or Hape.. 57, 229' James H. Davis.... 57, 290 Henry S. Henry.... 57, 703 George Myers .. 58, 345 Lewis Stiles ....... 58. 926 William F. Whitley.. 60.788 Frederick A. Delichau 61. 061 John R. Paulling. 61, 458 James B. Fogg... 61, 918 Edward Wilson. 62. 091 Richard Flemming. 62 129 William Archer..... 62, 934 Thomas J. Burr.... 63, 651 Thomas J. Davis.. 63, 665 Charles S. Hand. 64, 906 Henry Williams ..... 70. 169 Andrew J. Spalding... 70, 374 John Campbell...... 71. 208 Philander Brown ..... 71, 408 Christian Ludwig Theodore Gilbert 71, 457 Catharine Schwend ...... 71, 610 Benjamin Whitehouse ..... 72, 039 James Phillips. 72, 074 Bernard McCardle..
Charles Seymour.... 72, 157 Edwin B. Jones..... 72, 275 John George Kunz. 73, 393 Casper White ..... 73, 507 Joseph Boernick..... 73. 883 Arlington Merrick.....
ONE HUNDRED AND SIXTY ACRES–Continued.
Names of warrantees.
74, 857 George Masson ..........
Daniel Poling, Mary Harper, and Eliza Alcott ..
Agricultural-college scrip.—The number of certificates of this class of scrip, the titles to which have been examined and found regular and correct, and the same put in course of patenting during the fiscal year, is 130, requiring for the satisfaction thereof 20,800 acres, and 640 acres have been located with such certificates during the same period.
Only one duplicate piece of scrip has been issued in virtue of the act of Congress of June 20, 1874, entitled "An act to authorize the issue of duplicate agricultural land scrip, where the original has been lost or destroyed during the year.”
Revolutionary bounty-land scrip.—Military land warrants issued by the commonwealth of Virginia for the service of the officers, soldiers, seamen, &c., of her continental and State lines and navy in the war of the Revolution have been satisfied during the fiscal year, in accordance with the provisions of the acts of Congress of August 31, 1852, and June 22, 1860, to the extent of 6,696 acres, embraced in 92 certificates, and duly recorded.
During the year, five claims have been filed, founded upon said warrants, and calling for 5,800 acres, which, with those heretofore presented and now pending, represent 314 cases, and require for their satisfaction 99,612, acres
The amount of this class of scrip received in payment of the public lands, at the rate of $1.25 per acre for each acre surrendered, during the year, is 10,341 acres.
Virginia military district, Ohio. In the annual report of this office for the year ending June 30, 1877, I took occasion to make a full and explicit statement, to which I respectfully refer, of the objections then filed and pending against the satisfaction, by the issue of patents, of the surveys made in said district and entered therein, with Virginia military bounty-land warrants.
From a careful examination of all the matters involved, the conclusion was arrived at that no action could justly be had looking to the satisfaction of this class of claims until the matters in controversy affecting the said lands between the “ Ohio Agricultural and Mechanical College”
on the one hand and the locators or their assignees on the other part were definitely settled and determined, either by competent judicial decision or by a legislative interpretation of the true intent and meaning of the act of Congress of February 18, 1871, which ceded to the State of Ohio, upon certain specified conditions, all the unsurveyed and unsold lands in the military district in question, to all the rights of which cession the said college succeeded in virtue of authority granted by the legislature of the said State of Ohio.
The necessary legislation to remove the difficulties in the way of a final settlement of these claims was proposed at the late session of Congress (bill H. R. 4355), and is now pending therein.
If the proposed legislation is adopted and made law, there will be no objection in the way of carrying the surveys in question into patent, and all entries of land in said district properly made can be surveyed and patented.
Patents for 536 acres of land in the said Virginia military district, Ohio, have been issued, and the number of pending claims therefor is 61, calling for 8,815 acres, all of which have been suspended in consequence of the controversy above referred to, or on account either of caveats filed against the satisfaction thereof or defects in the chain of title or heirship.
Appended is a statement of the total number of acres located with military bounty-land warrants issued under the acts of 1847, 1850, 1852, and 1855, in the several land States and Territories, for the year ending June 30, 1878: Acres.
Acres. Arkansas 160 Minnesota .....
640 California .... 69, 860 Nebraska ...
640 Colorado .. 640 Nevada.
320 Florida ...... 640 Utah
480 Idaho 160 Washington
120 Kansas ....
4,260 Louisiana ..
.... 81,720 Michigan.
640 The division of this office which had charge of business relating to military bounty-land warrants and similar matters, reports the following synopsis of the work of the division for the year ending June 30, 1878: Letters received.....
2, 251 Letters written..................
2,380 Number of pages for record of same.........
2, 197 Number of warrants examined and transmitted to recorder for patent...... 564 Number of agricultural-college scrip certificates examined and passed as above. Number of certificates of revolutionary bounty-land scrip issued and recorded under acts of August 31, 1852, and June 22, 1860 ...
92 Amount of acres called for thereby.........
6, 696 Number of warrants the assignments of which have been approved ..
371 Number of certificates of revolutionary bounty-land scrip authorized to be transferred by attorneys .......
79 Number of certified copies of records, &c., made under section 461, United States Revised Statutes ..
219 Number of patents issued under special acts........... Amount of acres called for thereby... .......
536 Number of certificates of scrip reissued.............
Mineral lands are disposed of pursuant to the special provisions contained in sections from 2318 to 2346, inclusive, of the Revised Statutes of the United States and other laws. During the fiscal year ending