respectively on the 11th of January and 1st of May, 1877, directing those officers to proceed, in compliance with the requirements of said act of July 22, 1854, and supplemental legislation, to report to Congress the origin, nature, and extent of all private land claims within their respective districts.

List of private land claims in Arizona in General Land Office to be reported to Congress.

San José de Sonoita
San Rafael de la Sanja.

Total

Acres. 7,598.070 17,361. 108

24,959. 178

As the law stands, there are two Territories, New Mexico and Arizona, and one State, Colorado, in which there are no provisions of law for the settlement of Spanish and Mexican titles, the protection of which is guaranteed by treaty stipulations. See "Report with testimony of Public Land Commission, 1880," for condition of grants and recommendations.

See Reports Commissioner General Land Office, 1876, '77-79. Title, "Private land claims."

MINERAL IN LANDS EMBRACED IN PRIVATE LAND GRANTS.

The Commissioner of the General Land Office, in his annual report for 1876, says: The owners of the grants which have been confirmed by Congress claim all the minerals embraced within their limits, upon the ground that the unqualified confirmation by Congress, and subsequent issue of patents, operates as a quit-claim to the minerals on the part of the United States Government.

The Spanish and Mexican Governments reserved the right to the minerals unless expressly granted; therefore, if the United States patents include the minerals, they not only make good the grants made by Spain and Mexico, but convey additional rights, and there is no inducement to prospectors to make discoveries. (See report of special agent to investigate this subject in report of Public Land Commission, February, 1880, pp. 4-12; also, see "Compilation of laws, regulations, usages and conditions of Spain and Mexico, under which lands were granted and held, and missions, presidios, and pueblos established and governed," by John Wasson, U. S. surveyor-general for Arizona.)

The total estimated area of lands embraced within the limits of private land claims on the public domain, patented and unpatented, is 80,000,000 acres.

UNDER THE THIRD ARTICLE OF THE TREATY WITH GREAT BRITAIN OF JUNE 15, 1846,

there is another class of private land claims growing out of possessory rights to lands held by and under the Hudson's Bay Company and by the Puget Sound Agricultural Company, on the north side of the Columbia. The claim of the last-named company was for 160,000 acres. These claims were for lands now in Washington Territory and Oregon, and were all settled by the executive and legislative departments many years ago. (See Statutes at Large, 1858, 1860, &c.)

UNDER TREATY WITH RUSSIA-THE ALASKA PURCHASE.

Under the third article of the treaty with Russia for the purchase of Alaska March 30, 1867, the United States agreed and guarantied that the inhabitants of Alaska should be "maintained and protected in the free enjoyment of their liberty, property, and religion."

The Russian and American commissioners, authorized to make and receive transfer of the province of Alaska, at Sitka (New Archangel), October 18, 1867, signed inventories of public and private property held by individuals under grant from Russia. (For lists of these, see Ex. Doc. No. 125, second session Fortieth Congress.)

There has as yet been no legislation in reference to private land claims in Alaska.

MANNER OF SURVEY OF PRIVATE LAND CLAIMS.

Private land claims are surveyed by deputy surveyors, who enter into a contract with the surveyor-general for that purpose, which contract is approved by the Commissioner of the General Land Office.

After the contract has been approved and the necessary bond filed by the deputy, the surveyor-general issues special instructions for the survey, describing the boundaries of the claim as confirmed. These surveys are invariably of an irregular shape, and therefore do not conform to the legal subdivisions of the public surveys

CHAPTER XXXII.

EXISTING METHODS OF SALE AND DISPOSITION OF PUBLIC LANDS.

The several existing laws for the sale and disposition of the public domain permit entries and locations by individuals, associations, and corporations.

A single man, a married man, a single woman, or a married woman, if (legally) the head of a family, citizens of the United States, or have declared their intentions to become such, can have the benefits of the several settlement laws.

The theory of the settlement laws is that an individual, if he be not already the owner of 320 acres of land, can purchase 160 acres under the pre-emption act after six months' settlement, occupation, and improvement, and can acquire 160 acres under the homestead act by residence, improvement, and cultivation for a term of five years, with certain legal rebates as to time of settlement, or can purchase at the end of six months by commutation.

Under the several settlement and occupancy laws, however, a person can legally acquire 1,120 acres of the public domain.

CLASSIFICATION.

The existing laws recognize several classes of lands, as follows:

Mineral.—“In all cases 'lands valuable for minerals' shall be reserved from sale, except as otherwise expressly directed by law." (Section 2318, R. S.)

Timber and stone.-Lands valuable chiefly for timber and stone, unfit for cultivation. Saline.-Salt springs.

Town-site lands.-Any unoccupied public lands.

Desert.-Lands which will not, without irrigation, produce an agricultural crop. Coal lands.-Lands containing coal.

And all others as agricultural.

Special laws are provided for each of the seven classes named. Lands reserved or withdrawn "are not subject to entry or location."

AGRICULTURAL LANDS.

Agricultural lands can be taken in tracts of from 40 to 160 acres under the pre-emption, homestead, and timber-culture acts, or purchased at public sale or private entry. Of agricultural public lands there are two classes: the one class at $1.25 per acre, which is designated as minimum, and the other at $2.50 per acre, or double minimum. The latter class consists of tracts embraced within the alternate sections of land reserved to the United States in acts of Congress making grants within prescribed limits of the lines of railroads, or other works of internal improvements, to aid in the construction thereof, such reserved sections being double in price. Congress, by an act approved June 15, 1880, reduced to $1.25 per acre any lands then subject to entry (meaning, in this connection, ordinary cash entry of offered lands), which were put in market at the enhanced price prior to the 1st of January, 1861. Title may be acquired by purchase at public sale, or by ordinary "private entry," and in virtue of the pre emption, homestead, timber-culture, and other laws.

All lands obtained under the homestead laws are exempt from liability for debts contracted prior to the issuing of patent therefor.

FEES AND COMMISSIONS.

For homestead entries on lands in Michigan, Wisconsin, Iowa, Missouri, Minnesota, Kansas, Nebraska, Dakota, Alabama, Mississippi, Louisiana, Arkansas, and Florida, commissions and fees are to be paid according to the following table:

In addition to the States and Territories above named, the same rates will apply to Ohio, Indiana, and Illinois, if any vacant tracts can be found liable to entry in these three States, where but very few isolated tracts of public land remain undisposed of. In the Pacific and other political divisions, viz: On lands in California, Nevada, Oregon, Colorado, New Mexico, and Washington, and in Arizona, Idaho, Utah, Wyoming, and Montana, the commissions and fees are to be paid according to the following table:

Under the pre-emption acts (see Chapter X, p. 214,) settlers pay a fee of $1.50 in the the Pacific division, and in all other localities $1, each, to the register and receiver of the land office upon filing declaratory statement, and at the time of final proof and entry pay an acreage of $1.25 per acre, or $2.50 per acre, as the case may be, for single or double minimum land.

MINERAL LANDS.

Mineral lands are located and sold thereafter in the manner described in Chapter XXVI.

COAL LANDS.

The public lands of the United States containing coal are disposed of under the act of Congress approved March 3, 1873.

The sale of coal lands is provided for by this act

1. By ordinary private entry under section 1.

2. By granting a preference right of purchase based on priority of possession and improvement under section 2.

The land entered under either section must be by legal subdivisions, as made by the regular United States survey. Entry is confined to surveyed lands; to such as are

vacant, not otherwise appropriated, reserved by competent authority, or containing valuable minerals other than coal.

Individuals and associations may purchase. If an individual, he must be twentyone years of age and a citizen of the United States, or have declared his intention to become such citizen.

If an association or persons, each must be qualified as above.

A person is not disqualified by the ownership of any quantity of other land, nor by having removed from his own land in the same State or Territory.

Any individual may enter by legal subdivisions as aforesaid any area not exceeding 160 acres.

Any association may enter not to exceed 320 acres.

Any association of not less than four persons, duly qualified, who shall have expended not less than $5,000 in working and improving any coal mine or mines, may enter under section 2 not exceeding 640 acres, including such mining improvements. The price per acre is $10 where the land is situated more than fifteen miles from any completed failroad, and $20 per acre where the land is within fifteen miles of such road. Where the land lies partly within fifteen miles of such road and in part outside such limit, the maximum price must be paid for all legal subdivisions the greater part of which lies within fifteen miles of such road.

The term "completed railroad" is held to mean one which is actually constructed on the face of the earth, and lands within fifteen miles of any point of a railroad so constructed will be held and disposed of at $20 per acre.

One year from and after the expiration of the period allowed for filing the declaratory statement is given within which to make proof and payment, but no party will be allowed to make final proof and payment, except on notice to all others who appear on the records as claimants to the same tracts.

SALINE LANDS.

The act of Congress of January 12, 1877, provides that where tracts are found to be saline in character, and therefore under pre-existing laws not subject to disposal, they shall be offered at public sale at not less than $1.25 per acre, and if not then sold shall be thereafter held subject to private entry at the same price, as other public lands. The act provides for an investigation to ascertain by testimony the true character of public lands, where there shall be reason to suppose that they are saline. This act is confined in its operations to States which have had grants of salines which have been fully satisfied, or under which the right of selection has expired by efflux of time. This act excepts from its operation the Territories and the States of Mississippi, Louisiana, Florida, California, and Nevada.

TOWN SITES.

There are two methods of acquiring title to town sites on the public lands. By one method, under sections 2382, 2383, 2384 and 2385 of the Revised Statutes of the United States, the area of the city or town is limited to 640 acres. The founders are to lay it off into lots. A map is to be made describing its exterior boundaries according to the lines of the public surveys, where such lines are executed, giving the name of the city or town, exhibiting the streets, squares, blocks, lots, &c., the lots not to exceed 4,200 square feet, with a statement of the extent and general character of the improvements, the map and statement to be verified under oath by the party acting for and in behalf of the persons proposing to establish the city or town. The map and statement must be filed with the recorder for the county in which the town is situated. When the town is situated in an organized land district a verified copy of such map and statement must be filed with the register and receiver. A similar copy is to be filed in the General Land Office within one month after the filing thereof in the recorder's office, as also the testimony of two witnesses that the city or town has been