west one hundred (100) rods; thence north on the west line of said quarter section forty (40) rods, to the place of beginning; that the said last-described tract of land was conveyed as aforesaid, to be used by the United States as a site for a penitentiary; that the said conveyance was without any consideration to the said Anson Rudd, except the prospective increase in the value of the land remaining to him in said section 32, in case penitentiary buildings should be erected on the land so conveyed by him; that the said United States never did build or erect a penitentiary or other building or structure upon the land so conveyed to it, nor has it occupied the same in any manner whatsoever, but said land has ever since been and now is entirely unoccupied and vacant; and

Whereas, Thereafter the former Territory of Colorado was admitted into the Union as a sovereign State on the Ist day of August, A. D. 1876, and thence the said United States can not have any use for the land so as aforesaid conveyed to it for the purpose for which the same was conveyed; and

Whereas, The consideration to the said Anson Rudd has wholly failed, and he is in equity and conscience entitled thereto, but is entirely without remedy in the premises except by an act of the congress of the United States;

Therefore, Your memorialist respectfully and earnestly requests that your honorable body will pass an act granting relief to the said Anson Rudd, and providing for the issuing of a patent by the said United States to him for the land donated as aforesaid to it.

Approved March 5, 1885.

(H. J. M. 3.)

A JOINT MEMORIAL.

To the Honorable Senate and House of Representatives of the United States of America, in Congress assembled, in regard to certain Mexican land grants:

Whereas, It is represented to the General Assembly of the State of Colorado, by a large number of the citizens of

said State, that there is situated in said State a large body of land that was, by the government of the republic of Mexico, in the year 1844, granted to Louis Lee and Narciso Beaubien, and that said grant was confirmed to said grantees, their heirs and assigns, by an act of congress approved June 21st, 1861; and

Whereas, The boundaries of said grant have been, by false and fraudulent means, from time to time extended and enlarged, until what was originally (if, indeed, it ever had any valid existence) a small tract in the southern part of Costilla county, has been thus enlarged until it contains within the claimed limits all the arable land in said county, in utter disregard of the government of the United States, as well as the settlers; and

Whereas, It appears that a survey of said grant was made by order of the interior department of the government in the year 1876, and that in the year 1877, by some false and fraudulent means, a new survey was procured to be made, and that by said resurvey the northern boundary of said grant was fraudulently and wrongfully extended over a large section of country that rightfully belongs to the public domain, amounting to over three hundred thousand acres of land; that said land was never claimed by the original grantees, and that by means of some fraudulent representations and the said fraudulent survey, the present claimants of said grant obtained a patent from the United States, and now hold the same to the great injury of all the people of the United States, and contrary to justice and right; and

Whereas, It is further represented to us that prior to said last mentioned survey, large numbers of citizens had (in good faith), under the pre-emption and homestead laws of the United States, settled upon and improved with valuable improvements upon a portion of the lands embraced within the before mentioned fraudulent survey and still remain thereon, and that large numbers of other citizens had prospected for and discovered valuable mines of gold, silver and iron, situated upon said land; and

Whereas, A great number of citizens of Costilla county settled upon said grant with an express agreement with the original claimants, that they should have the use of the adjacent lands that were not susceptible of cultivation as pasturage for their stock; and

Whereas, In direct violation of said right and agreement, and contrary to justice, they have been denied and are now denied said right, and by reason whereof are losing and are liable to lose great numbers of cattle, horses and sheep for want of pasturage.

Your Memorialists therefore pray, That your honorable body order that an investigation be immediately ordered to ascertain the facts and procure evidence, and that the department of justice be ordered to commence proper legal proceeding in the circuit court of the United States for the State of Colorado, to set aside and annul the patent issued to the claimants of said grant, and enjoin said claimants from hindering the settlers upon said land from farming, mining and pasturing upon said land while complying with the laws of the United States.

Approved March 20, 1885.

(H. C. R. 3.)

CONCURRENT RESOLUTION

ASKING CONGRESS TO SET APART A PORTION OF THE MILITARY RESERVATION AT PAGOSA SPRINGS FOR A PUBLIC PARK.

Whereas, The military reservation at Pagosa Springs, Conejos county, Colorado, embracing six miles square of land, has been abandoned, and is to be sold in pursuance of an act of congress, approved July 5th, 1884; and

Whereas, The citizens of said Pagosa Springs are desirous of obtaining a portion of said reservation adjoining the town site from the government for a public park, said land being too rough and uneven for agricultural or town-site purposes, and of little or no value to the government; therefore, be it

Resolved by the House, the Senate concurring therein, That congress be respectfully requested to donate so much of said reservation to the town of Pagosa Springs as is

proposed to be given according to the provisions of a bill introduced into the United States Senate by Hon. Thos. M. Bowen, January 9th, 1884, to be forever reserved from sale and dedicated to public use as a park.

Resolved, That our senators be requested, and our representative be requested, to exert their influence to secure the assent of congress to set apart said land for the purposes therein expressed.

Approved February 26, 1885.

(H. J. M. 5.)

HOUSE JOINT MEMORIAL.

To His Excellency, the President of the United States, and the Hon. L. Q. C. Lamar, Secretary of the Interior:

Your memorialists, the General Assembly of the State of Colorado, would respectfully submit, that

Whereas, A portion of a tribe of the Ute Indians are now, and have been for the past two years, living in the county of Garfield, contrary to law and the detriment of the settlers and stockmen of that county; and

Whereas, Said tribe of Indians have large herds of sheep and goats which they drive over the cattle ranges, regardless of the rights of the citizens of said county; and

Whereas, Said tribe of Indians are and have been, engaged in wantonly slaughtering large numbers of game out of season, killing immense quantities of elk and deer for their pelts only; and

Whereas, Great excitement at present prevails in that section of this State over the murder of one of the citizens of said county, by a Ute chief, and the people are greatly incensed over said outrage, so much so that a conflict is inevitable.

Your memorialists, therefore, respecttfully ask, That such action be taken as soon as practicable as will effectually and permanently remove said Indians from the said county of Garfield; and be it

Resolved, That a copy of this memorial and resolution be forwarded to his excellency, the president of the United States, and to the Honorable L. Q. C. Lamar, secretary of the interior.

Approved March 27, 1885.

(H. C. R. 6.)

SUBSTITUTE

FOR HOUSE CONCURRENT RESOLUTION NO. 6, EXPRESSING THE SENSE OF THE GENERAL ASSEMBLY OF COLORADO IN REGARD

TO THE COINAGE OF SILVER.

Whereas, Class legislation, under whatever guise, has always been condemned as being inimical to the best interests and subversive of the rights of the people; and

Whereas, The discrimination against silver, which is one of the principal sources of wealth of this country, now being practiced by monometallists is calculated to produce public discord and disaster; therefore, be it

Resolved, by the General Assembly of the State of Colorado, first, That we are in favor of the free and unlimited coinage of silver (of the present standard value of four hundred and twelve and one-half grains to the dollar) the same as gold, and do earnestly recommend congress and the incoming administration to use all legitimate means to secure legislation to this end; and

Resolved, second, That our Governor be requested to forward duly attested copies of these resolutions to the president and vice-president-elect of the United States, the speaker of the national house of representatives,