David Josiah Brewer

“ And the act of congress of July 1, 1864, (13 St. U.S. 334, § 7) , requires the surveyor general, 'in making surveys of the private land claims finally confirmed, to follow the decree of confirmation as closely as practicable, whenever such decree designates the specific boundaries of the claim.' The charge of fraudulent misconduct on the part of the surveyor, Hancock, is not substantiated. Mr. Hancock was not appointed surveyor with reference to this survey. ”

“ They may leave a doubt, but they do not bring the assurance of certain wrong. Some question is made as to the correctness of the survey, and that turns, as a question of fact, upon what is meant by the expression 'Agua Caliente' in the various descriptions. If it means a stream known as Agua Caliente, then the government has no cause to challenge the survey, for it includes less than was really confirmed; but, if it means a district of country, known by that name, in the north-western portion of the San Bernardino rancho,-a neighboring tract,-then the survey was excessive. ”

“ It is true there is testimony, furnished by Mr. Hopkins himself, that some time after the patent had been issued he accepted a deed of a portion of this grant as a present from the owners,-a tract which he subsequently sold for $1,500. ”