Show JUMPING CORPORATE LANDS LAND S an act of congress approved march 2 1867 provides that whenever any portion of bublic public lands of 61 atie ade united united states have been een or shall be settled upon and occupied as a town alte and therefore not subject to entry under the agricultural preemption pre emption laws it shall be lawful in case casa such town shall be incorporated corp orated for the corporate authorities thereof and if not incorporated for the judge of the county court forthe for toe county in which such town maybe situated to enter at the proper land office and at the minimum price the land so settled and occupied in trust lor for the several use and benent benefit of the occupants thereof according to their respective interests the execution of which trust as to the disposal of the lots I 1 in a such town and the proceeds of the sales thereof to be conducted under such rules and regulations as may be prescribed by the legislative authority of the state or territory in which the rame name may pe ae situated situate 11 the same act contains other pro visions relative to this subject amon R g which are specifications of the amount of land permissible to embrace in ia a townsite which is based upon the population A town site containing a population of 1000 may embrace aa 1289 acres and for each additional 1000 inhabitants not exceeding 5 in all acres shall be allowed on OB july 1 1870 congress passed an act I 1 for the relief odthe of the inhabitants inhabitant of salt lake city in the territory ol of utah 71 as 98 follows that the words not exceeding flu fite thousand thou fand in all contained la in an act entitled an act for the relief of the inhabitants of cities and towns upon the public lands approved march two eighteen hundred and sixty seven shall not BOI apply to salt late lake city in the territory of utah but said act shall be so amended and construed in its application to said city that lands may be entered as provided in said act for the full number of inhabitants con COB bained in ia said city not exceeding fifteen thousand and as the city covers school section number thirty six in township lown ship number one north of range humber one west the same may be embraced in such entry and indemnity shall be given when a grant shall be made by congress of sections sixteen bad thirty six in the territory of utah for school purposes an aa act of the utah legislature approved february ath the rules and ana regulations under which townsite lands were to be disposed of in this territory in pursuance of the laws of congress it provides that after the to townsite shall nave gave been entered seea sect it shall be the duty daty of such corporate authorities or judie judge u astae the case may be and they are hereby directed and required to dispose of and and convey the title t to u or to the several bloe blocks ks lot lots parcels or shares thereof to t the he persons entitled thereto to be ascertained as hereinafter prescribed the act then pr proceeds to prescribe the proceedings by which claimants of lands within the townsite towa site entry obtain their titles etc among the provisions of the act are the following 10 if there the shall remain any unclaimed lands within the limits of such city or town after the expiration of six months from the publication cat of f the notice provided in section three e the corporate authorities in cases where the lands shall have been entered by them and the judge of probate in cases where the lands dball have been entered by him shall cause the same to be surveyed and laid out into suitable blocks and lots and shall reserve such portions as may be deemed necessary for public squares school houses or hospital lots and ana shall cause all necessary streets roads lanes lanea and aad alleys to be laid out through b the sami same a plat of which properly properly certified shall be recorded in the recorders office of the county in which the same may be situated and the mayor of such city or town or j ude judge as aforesaid may sell the lots and blocks so laid out and not reserved tor for public use lh in suitable parcels to possessors of adjoining lands or to other citizens of such city or town at a price not less than five dollars per acre or traction fraction of an acre and in cue case two or more persons apply for the sarae same tract they shall sell the same by auction to the highest bidder and it if any ay suck such lands remain unsold at the end ad of three months from the date of filiip the plat thereof for record as required herein the corporate authorities au toon or judge as afore aforesaid spid shall have power and authority to sell such vacant lands at public and private sale in such manner and on such terms as they may dearn deem adl advisable isable for the best interests esta of the city or town and shall g give i ve deeds to the several purchasers 0 in pursuance of the foregoing laws the corporate authorities of this city entered a town site which embraced acres the amount allowed on the basis of a population of and in due time a united states patent issued the tract of land on arsenal which mr link on the mat endeavored to jump jamp is embraced within that patent we understand that that individual bases his action upon open the alleged fact that the unclaimed lands within the city which be tries to seize were not surveyed and laid out into suitable blocks and lots etc and the record thereof filed as required by section 10 of the territorial law above quoted but it will be observed served oo that no time Is ia specified within which such survey shall be made and the failure to make and record it is at the utmost no more thin a neglect of duty on the part of municipal officers and to hold that chat it invalidates an absolute patent issued before such neglect could have occurred is pre preposterous post erous A united states patent to land cm cin be attacked only on the ground of fraud error or other circumstance cum stance existing before its issuance if 11 at the time a patent issues no BO fact exists which if shown would vitiate it it can never be attacked on account 91 of any circumstance transpiring subsequent to its date the patent issued to t the corporate authorities of a la in no way condi conditional conditto tio u a in respect to its validity and bind binding 1 14 force upon the future faithfulness of municipal officers in the discharge of their duties and should they be derelict the people of the corporation cannot be robbed of valuable realty owned by them in a corporate capacity by any unscrupulous adventurer whose method of gaining possession is by forcible entry and detainer it if the corporate authorities have been derelict in not having the unclaimed lauds lands within the town sit site limits surveyed platted le recorded corded sold etc and any citizen is thereby aggrieved airl eved the latter has a remedy by mandamus or other proceedings in the courts but to say that because the cor corporate authorities have failed tol to tabb the steps necessary to give citizens an opportunity to purchase lands which have been patented to the cor pora tiona stranger from another state may seize such lands without money or price and aad appropriate them to his 0 WB use la Is reaching a night hight of absurdity so excessive as to require no noar argument to show it people possessed ot of ordinary intelligence can see it by the foregoing is shown in part the preposterous character of mr links actions and pretentious the legal arAll ment might be pursued further but we deem it unnecessary necessary ua to do SQ so at present |