In the annual report for the year ending June 30, 1888, pages 232 to 241, will be found a statement showing the date of filing maps by railroad companies, and the dates of withdrawals of lands made thereon. Land concessions by acts of Congress to States for canal purposes from the year 1824 to June 30, 1891. Land concessions by acts of Congress to States for canal purposes from the year 1824 to June 30, 1891-Continued. 325, 431.00 750, 000. 00 200,000.00 200, 000. 00 100,000.00 1,250,000.00 a For lands above Raccoon Fork, see railroad table "Des Moines Valley." G.-PREEMPTION DIVISION. Statement of work performed by the preemption division (G) during the year ending June 30, 1891: Entries subjected to preliminary examination and suspension during the year. 7,960 1,094 Preemption entries, by classes, in each State and Territory, pending July 1, 1891. The work on the townsite desk, which had in the past been managed by one clerk, has grown during this year to such magnitude that it became necessary to assign three additional clerks thereto. This was owing largely to the opening of Oklahoma Territory and the new legislation in regard to townsites in such Territory. The practice in Oklahoma in regard to townsites is a new departure in land practice, and brought with it a large number of contested town-lot cases dependent upon the construction of local laws for their decision. The opening of Alaska to entry for townsites, manufacturing and trading purposes, is another important event in the history of the public domain. The instructions governing such entries are appended. To the Registers and Receivers and DECISIONS. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., May 16, 1891. Boards of Townsite Trustees in Oklahoma Territory: GENTLEMEN: I am in receipt of a letter from the local land office at Oklahoma city, dated the 15th ultimo, of which the following is a copy: "We transmit herewith copy of an act passed by the Territorial legislature, and which is now a law of this Territory, in reference to manner of taking depositions and compelling attendance of witnesses. This act confers upon probate judges the power to compel attendance of witnesses on commission from U. S. Land Office in contest cases. It seems that Congress in its dying hours tacked a rider on to the Indian appropriation or some other bill, ratifying the acts of the Territorial legislature in so far as it confers additional powers and duties upon probate courts. This it is contended gives the inclosed act the force and effect of a Congressional enactment. "We have had numerous requests to issue commissions for taking depositions under the provisions of this act, but so far have refused, unless the application was made to conform to the rules of practice adopted by the department. "Recently application was made to this office in due form for a commission to take the deposition of one Henry Summers, in a certain contest case pending in this office, upon the grounds that he refused to appear before the land office. "We granted the application and issued commission to the probate judge, who docketed the case, as provided for in this act, and issued a subpoena for Summers. The witness refused to appear or testify, and he was ordered to jail by the probate judge. A writ of habeas corpus was applied for in his behalf and the case presented to the United States district court, Associate Justice Clark presiding. After a full hearing Judge Clark denied the writ and held that under the act, as ratified by Congress, the witness could be compelled to attend and testify in land cases. "This will create a revolution in the land-office practice, as an innovation is prescribed by this act in that, after the interrogatories have been answered, the witness may be fully examined orally as to any matters within his knowledge. This is an innovation on the present rules of the department. "As the United States district court for the Territory has held this law valid and applicable to land cases, we desire full instructions as to how to proceed in the matter, as same is in conflict with the rules of the department, and parties to contest cases insist upon proceeding under this statute." Congress has always refused to grant to registers and receivers of United States land offices the power to compel the attendance of witnesses in cases tried and decided by them, and no later than July 28, 1890, the honorable Secretary laid before the president of the Senate a draft of a bill to authorize the issuance of subpoenas for the attendance of witnesses before townsite trustees in Oklahoma (Senate Ex. Doc. No. 197, first session Fifty-first Congress), which, as I am informed, failed to become a law. Doubtless the absence of authority on the one hand and the failure of the desired legislation on the other prompted the Territorial legislature in the passage of the act of which a copy is now before me, although by the terms of the act creating a temporary government for the Territory of Oklahoma (26 Stat., p. 81) the legislative power of said Territory is expressly denied in all matters affecting the authority or jurisdiction of officers charged under federal authority with duties affecting the primary disposal of the public land therein. The legislative act referred to appears to have originated in the Territorial council October 23, 1890, and became a law by the approval of the governor on the 2d day INT 91-VOL I-12 |