| Show COALVILLE TOWNSITE CASE the coalville Co alville townsite owe me has baa been referred to the officers officer of the local land office for sett settlement lemen t and the date for hearin bearing g will shortly be decided upon the opinion on the case from first assistant secretary of the interior chandler to the commissioner of the general land cafice has been received the commissioner of the general land office sir chave I 1 have considered the appeal of the mayor of coalville alville Co utah territory who applies on behalf of said town to make additional townsite entry for the west X southwest ya section 16 township 2 north range 5 east salt lake city utah territory land district it appears from the record before me that the original townsite town slie of coalville Co alville or the he corporation limits of said town was fixed by enactment of the territorial territorial legislature on july 16 1867 embracing twenty sections of land but the land being the townsite was laid off four miles east and west by five miles north and south with the wasatch co coal a I 1 bed as a centre point in 1879 patent was issued in the name of alma eldredge mayor of a townsite townsie embracing the south 34 of the northeast ya and the southeast 34 of section 8 and the south 34 of the northwest X the southwest Y of section 9 the west X of the northwest ya 4 of section 16 and the east 34 of the he northeast X section 17 of township 2 north range 5 east salt sal lake utah land district on april 8 1885 the mayor made application to make additional townsite lown site entry tor for the west 34 southwest of section 16 township 2 north range 5 east 8 L M and on november 29 1886 gave notice of intention to make proof thereon on january and on said day proof was made and accepted and final certificate issued and the receivers receipt lor for was given said raid mayor lor for and in behalf of the inhabitants of coalville Co alville ov on june 6 1890 you wrote to the register and receiver at salt lake city requiring additional proof ou on the said entry which was furnished and on june 4 1891 you held that said additional entry was illegal in its inception and you canceled the same from which decision the appealed the township plat of official survey was filed on january 9 1874 by the fifteenth section of the act of congress entitled an act to establish a territorial government for utah 9 stat sections 16 and 36 were reserved for school p purposes ur poses in the case at bar the territorial officers were not notified of the application to enter this land nor have they been notified ol of the appeal there are some ex parte affidavits tending to show that the land in controversy to is now settled upon and occupied as a part of coalville alville Co but when the original entry was made the tract now sought to be entered was not included in the application or entry nor to is there any testimony showing that it was occupied when the survey was made therefore the facts upon which the right to make entry for the tract depends are not before me your decision is set aside and you will direct a hearing upon notice to the officers representing the town of coalville Co alville and the die proper territorial officers and te testimony stimon will be token taken upon the point ind indicated iosty the fact that the territorial legislature incorporated coalville Co alville covering a body of land four by five miles in extent prior to the survey and before it was known that au such ch tract included section 10 16 will not stop atop the territory from asserting its right to section 16 for school purposes il if it its i entitled thereto under its organic act upon the report of the local officers upon the testimony to be offered at said hearing bearing you will the case the papers are returned herewith respectfully GEORGE CHANDLER first assistant secretary |
