OCR Text |
Show Highland Chief and Prir.ce of Wales. 3 The following correspondence in regard to the patents of the above ' miues explains itself: . Department of Justice, Washington, D.C., April 29. 75. Hon. C'lumbus Delano, Secretary of ! the Interior, Sir, I have the honor to acknow- ledge the receipt of a letter from ; Assistant Secretary Cowen, of the 9th , instant, in which, after stating that on the 2'2d ol June, 1S7"2, a patent was issued to Jforris W. Mundy and 1 Allen Schenck for certain mineral lands in Utah, known as "Tho Highland High-land Chief," and that said patent included land that properly belonged to other claims known respectively as "The Trince of Wales" and "The Wandering Boy," which had also been patented, he requested me to I cause suits to be instituted in the proper pro-per court and in name of the United : States to set aside so much of the first named patent as conflicts with the others named. I have found great difficulty in reaching the conclusion that where two patents for mineral lands conflict in part with each other that it is the right or the duty of the United States to interpose by suit in its own name to determine the rights of the respective respec-tive parties to the property as to which the patents conflict; but in view of the fact that it has been usual for this department to act in such matters as requested by the department depart-ment of the interior, and of the further fur-ther fact that to decline a compliance with your request would prevent a judicia decision on the important points involved, I have determined, without expressing any positive opinion upon the subject, to refer the question to tho courts so that it may be judicially determined and a permanent per-manent rule fixed for the action of tho government hereafter in respect to like applications. I hays therefore given instructions to the district attorney for Utah in accordance with your request. Very respectfully, Your obedt. servant, (Signed) G. H. Williams, Attorney-General. Department of Justice, Washington, D. C, April 30, 1S75. Messrs. Britton, Giwj and Dnunmond Washinjton, D. C. Gentlemen: I enclose herewith for your information, a copy of a lectoi addressed by me on the 29th inst., to the secretary of the interior, relative to the patent issued to Jforris W. Mundy and Allen Schenck for certain cer-tain mineral lands in Utah known as " The Highland Chief," which it was claimed, included land belonging to other claims, and informing him that I had decided to refer the question ques-tion to the courts, so that it might be judicially determined, and a permanent perma-nent rule fixed for the action of the government hereafter in respect to like applications. Very respectfully, (Signed,) Geo. H. Williams, Attorney General. |