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Show . . . ~ .. . . - .68 REPORT OF THE COMMISSIONEB OF INDIAN AFFAIRS.- , . ment of gettlers. During the years 1876,1877, and 1878 frequent re- : ports were made by this oBce urging speedy action of the district attor- .' ney, aud giving its views at length on the legal aspect of the cases against the settlers. As far back as March, 1873, the United State8 had brought suit in the circuit conrt for the district of California against Fred. Bourne, administrator of 0. H. Bourne and others, to recover possession of cer- . ~ tain lands in the reservation claimed by these parties in part by pur-chwe from the State of California, by which they were claimed as , '6 swamp and overflowed landn." On the 31st of May, 1880, the circnit court rendered judgment wn- , firming Eberle, Thompson, aud Bowen in the occupation and ownership of the swamp lands purchased of the State, and also confirming the , right of Frank Asbill? Pierce Asbill, and E. 8. Gibson to occupy large tracts of lands described by metes and bounds in the judgment of the court. As to the last three persons, the court found as follows : That as to defendants Gibsoe, Frank M. Asbill, end Pieroe Ashill, who entered . . upon the lands possessed by them before said lands were included in seid reservation, the-sot of Congress, entitled "An act to restore a part of the Raond Valley Indian Reservation in California to the public lands, and for other purposes,"approved March 3, 1873, under whioh this proceeding is had, recognizes their rights, respeot- : ivelj, to retain pos~ession of the lands in their several posses?ions, being the lands , spaoificallg described in theirseveralenswers, untilan appreisemnt and payment, or tender to them,by the plaihtiff, ofappraised value of all their improvements, and as the commissioners refused to examine or to appraise thalarger psrt of their several improvements, and no payment or tender of the appraised value was made therefor, the oonditiom nrescribed b r seid act.. v. recedent to the right of said vlaintiff to take or recover poasesqiuu of said lan#ls for tllo porpOReR of said act, have uut been par-famed by blaintiff, tlnd the ylainriti i~ nut get entitled, onder said aur, to mower of said defendants the pasaessi& of said lands so described in the respective smwers of said hat-mmed defendants. Gibson's improvements had been appraised at $1,000. The conrt found that he had other improvements to the value of $1,100. Gibson occupied from 10,000 to 12,000 acres of land, the possession of which was awarded him by the court, and, with his partners, he now occupies some 28,000 acres. As to the failure of the commission to appraiae all his improvements, Commissioner Barstow, in his report of October 27, 1875, says: , E. S. Gibson, who is occupying 10,000 to 12,000 acres of monntain land for a sheep ranah, complains that the commissioners did not allow him for eight oahim need by hia herdera, which are scattered over this large tract. The oommis?ioaers wisely refnaed to allow for improvements made npon more land than a Bottler would have a right to pre-empt when opened by survey. , Gibson was formerly an employ6 of the Indian Department. His name does not appear in the appraisement made by General MaIntosh, bnt the improvements of Henley Brothers, his present partners, sons ,I. ,- of Superintendent Henley, who settled in 1857, were appraised at $11,000. |
