FORT FETTERMAN MILITARY RESERVATION-RIGHT TO PURCHASE PASTURE AND GRAZING LAND. INSTRUCTIONS. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., May 8, 1901. Register and Receiver, Douglas, Wyoming. SIRS: Your attention is called to the act of March 3, 1901 (31 Stat., 1085), copy herewith, entitled "An act granting homesteaders on the abandoned Fort Fetterman Military Reservation in Wyoming the right to purchase one quarter section of public land on said reservation as pasture or grazing land." You will be guided by the following instructions in your disposition of cases arising under this act: 1. The act is applicable only to the Fort Fetterman post reserve, in townships 32 and 33 north, ranges 71, 72, and 73 west. 2. The right of purchase is limited to persons who have made homestead entry within said reservation prior to the passage of said act. 3. Persons desiring to avail themselves of the provisions of said act will be required to file applications therefor, describing the lands. sought to be purchased, and to publish notice of their intention to submit proof in support of such applications as required by the act of March 3, 1879, in preemption and homestead cases. The application to purchase must in every instance show: (a) That the applicant, prior to March 3, 1901, has exercised the right of homestead entry on land within the said reservation, the number and date of such entry, the description of the land covered thereby, and that such entry is still subsisting; (b) that the land applied for is not settled upon, occupied, or improved, and is not valuable for coal or minerals; that the land is suitable for pasture or grazing purposes; its location relative to sources of water supply, and the causes which it is claimed render it unfit for cultivation and homestead; and that the land sought to be purchased, with the land on which the applicant so exercised the right of homestead entry before March 3, 1901, does not exceed in the aggregate 320 acres. 4. Should any adverse claimant appear or protest be filed against the applicant's right to purchase, the proceedings thereon will be conducted in accordance with the Rules of Practice in similar cases. 5. On the submission of such proof, you will forward the same to this office for consideration, after having made due notation on your records. If the entryman has heretofore submitted final proof on his original homestead entry showing due compliance with law thereunder, and the proof submitted under his application to purchase is found satisfactory, you will then be directed to permit the applicant to make payment for the land involved, and upon his making payment you will issue to him cash certificate and receipt of current number and date, noting thereupon and upon the abstracts the fact that the purchase is allowed under and in accordance with the provisions of the act of March 3, 1901. If, however, it be found by this office, upon an examination of the application for the right to purchase, that the entryman has not yet submitted final proof on his homestead, said application will be held to await the completion of the original homestead entry. If it then be found that the said applicant has shown due compliance with law under the said homestead entry and his application is otherwise satisfactory, he will be allowed to complete his purchase by making payment for the land. RAILROAD GRANT-ADJUSTMENT-ACT OF JULY 1, 1898. JOHNSON 2. NORTHERN PACIFIC RY. Co. Conflicting claims to lands excepted from the grant to the Northern Pacific Railroad Company by reason of a withdrawal made prior to the grant are not subject to adjustment under the provisions of the act of July 1, 1898. Acting Secretary Ryan to the Commissioner of the General Land Office, (W. V. D.) May 8, 1901. (F. W. C.) The Department is in receipt of your office letter of the 30th ultimo, making report in the matter of the conflicting claims to the NW. of Sec. 25, T. 52 N., R. 14 W., Duluth land district, Minnesota. From said report it appears that this tract is within the primary limits of the grant made to aid in the construction of the Northern Pacific railroad and is opposite the portion thereof definitely located July 6, 1882. It fell to the east of the terminal limit of said grant erroneously fixed at Duluth in accordance with departmental decision of July 27, 1896 (23 L. D., 204), and for that reason Charles H. Johnson was permitted to make homestead entry of the land on June 12, 1897. Following the decision of the supreme court in the case of the United States v. Northern Pacific R. R. Co. (177 U. S., 435), which fixed the eastern terminus of the Northern Pacific land grant at Ashland, in the state of Wisconsin, Johnson elected to retain this tract as against the company under the provisions of the act of July 1, 1898 (30 Stat., 597, 620), and thereupon the said tract was included in a list submitted to and approved by this Department on January 11, last, and the Northern Pacific Railway Company, successor in interest to the Northern Pacific Railroad Company, was invited to relinquish its claim to this land under the provisions of said act. Responding thereto a showing was filed by the railway company evidencing a sale of this land to Frederick Weyerheuser and John A. Humbird on April 14, 1900. Thereupon Johnson and his wife executed a relinquishment releasing, quit-claiming and relinquishing to the United States all their right, title and interest in and to the above described land, under said homestead, with a view to transferring their claim to other land, as provided for in the act of 1898. This relinquishment was forwarded for the consideration of this Department by your office letter of March 29, last, the matter being considered in departmental decision of April 8, last, not reported, in which it was held that In view of the showing filed by the company it is clear that it can not be required to relinquish this land under said act of July 1, 1898, supra, and in response to your office letter of the 29th ultimo, you are informed that this Department sees no objection to the acceptance of the relinquishment executed by Johnson and his wife. It further appears that upon the establishment of the limit of the withdrawal of May 26, 1864, for the Lake Superior and Mississippi railroad, under the grant made by the act of May 5, 1864, this land was included within the limits of said withdrawal and, as a consequence, was excepted from the Northern Pacific grant. See Northern Pacific Ry. Co. v. Rooney (30 L. D., 403). Paragraph 9 of the regulations issued under the act of July 1, 1898, supra, approved February 14, 1899 (28 L. D., 103, 107), in defining what are the claims coming within the provisions of said act, states that The railroad claim is one which arises from the definite location of the line of railroad if the land is within the primary limits of the grants, or which arises from a lieu selection if the land is within the indemnity limits, and is one which, in the absence of all individual claims, would enable the railroad claimant to obtain full title to the land. It is clear that in the absence of the claim made to this land by Johnson under his homestead entry the company would not be able to obtain any title to the land, the same having been excepted from its grant by reason of the withdrawal made prior to the grant on account of the Lake Superior and Mississippi railroad grant, and conflicting claims to this land are therefore clearly not subject to adjustment under the provisions of said act. Departmental decision of April 8, last, is hereby recalled and vacated and the relinquishment. by Johnson of his claim to this land under the act of 1898, is rejected. You are directed to make an immediate examination of the tracts submitted for and approved by this Department for relinquishment. under said act, and as to the lands included within said withdrawal of May 26, 1864, said approval is revoked. You will advise the company at once of such revocation and take no further steps toward the adjustment of conflicting claims to such land under the provisions of the act of July 1, 1898. SOLDIERS' ADDITIONAL HOMESTEAD-ASSIGNMENT. CIRCULAR. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Registers and Receivers, United States Land Offices. To prevent confusion and provide a uniform rule for the transfer and assignment of soldiers' additional rights, recertified to owners and bona fide purchasers under the act of Congress of August 18, 1894 (28) Stat., 372, 397-398), and official circular of October 16, 1894, (19 L. D., 302), the following additional instructions are hereby promulgated: 1. The assignment may be written or printed upon a separate sheet or sheets of paper to be securely attached to the certificate. 2. Each assignment must be attested by two witnesses and duly acknowledged before some officer authorized to take acknowledgments of deeds in the county or district wherein the assignment is made, who shall certify that the assignor is well known to such officer, that he is the identical person to whom the soldiers' additional right was recertified, and who executes the assignment thereof. 3. The following forms are prescribed for use in making assignments. These forms, or others containing the substantial matter thereof, will be accepted as a compliance with these instructions: [Form No. 1.] ASSIGNMENT BY FIRST OWNER UNDER RECERTIFICATION. For value received, I of -, in the and -, assignee of the original beneficiary, to whom the foregoing and attached certificate was, upon the · day of —, 190—, issued by the Commissioner of the General Land Office under section 2306 of the Revised Statutes of the United States, and the same -, to whom as a bona fide purchaser and owner thereof, such original certificate was, upon theday of - 190-, recertified by the Commissioner of the General Land Office, under the act of Congress of August 18, 1894, and official circular of the General Land Office, dated October 16, 1894, do hereby sell and assign unto —, of —, in the —, and ———, and to his heirs and assigns forever, the said certificate and the right of entry and location thereby secured, and authorize him to locate the said certificate and to enter lands therewith and to receive a patent for any land so located or entered. Attest: [L. S.] [Two witnesses.] me well known, and acknowledged the foregoing assignment to be his act and deed; and I certify that the said is the identical person to whom the within day of —, 190, and who executed the certificate was recertified upon the foregoing assignment thereof. And I further certify that the said certificate, at the time of making the foregoing assignment, was attached to said assignment and was presented by and was in the possession of him, the said [Form No. 3.] ASSIGNMENT BY ASSIGNEE OF FIRST OWNER. For value received, I, cate and right of entry and location to whom the foregoing and attached certifithereby secured were assigned, do hereby sell in the and and to his heirs and assigns forever, the said certificate and right of entry and location, and authorize him to locate the said certificate and to enter lands therewith and to receive a patent for any lands so located or entered. Attest: [Form No. 4.] [L. S.] On this ACKNOWLEDGMENT OF FORM No. 3. day of to 190-, before me personally came me well known, and acknowledged the foregoing assignment to be his act and deed; and I certify that the said is the identical person to whom the foregoing and attached certificate and right of entry and location thereby secured were, on the day of —, 190—, heretofore assigned. And I further certify that the said certificate, at the time of making the foregoing assignment, was attached to said assignment, and was presented by and in the possession of him, the said 4. Subsequent assignments may follow Form No. 3 above. 5. You will allow locations or entries in the name of the assignee when substantial compliance with the foregoing instructions is shown. BINGER HERMANN, Approved: Commissioner. THOS. RYAN, Acting Secretary. |