956 report of commissioner of fish and. fisheries. 



Department of the Interior, 



General Land Office, 

 Washington, D. C, August 5, 1876. 



Sir : I have the honor to acknowledge the receiQ^ of your letter of 

 22d ultimo ; also the receipt, by reference from Professor Milner of the 

 Smithsonian Institution, of your letter to him dated 3d instant, and 

 letter dated July 25th, ultimo, addressed to you from Livingston Stone, 

 informing this office that one A. Leschinsky claims rights of fishing on 

 the reservation made by executive order dated December 9, 1876, for 

 pisciculture purposes, on the McOloud River, in the State of California, 

 and suggesting that this office issue a peremptory order to Mr. Leschin- 

 sky to vacate the premises covered by said reservation. In reply I have 

 to inform you that it is not the province of this office to issue any order 

 in the premises, but I would call your attention to the following section 

 of the United States Revised Statutes bearing upon the subject : 



By section 2258 it is provided that lands included in any reservation 

 by any treaty, law, or proclamation by the President, shall not be subject 

 to the rights of pre-emption. 



Also, by an act of Congress approved March 3, 1853, (U. S. Stat., vol. 

 10, p. 246,) it is declared that all public lands in that State shall be sub- 

 ject to pre-emption, but with this general exception, to wit, lands reserved 

 by competent authority. 



Section 12 of the same act also excludes from disposal certain lands, 

 viz, mineral, or lands reserved for any public purposes whatever. 



It appears from your letter of 3d instant that Mr. Leschinsky was on the 

 ground fishing prior to its occupation as a reserve. This being the case, he 

 may have equitable rights to the lands he occupies, of which this office has 

 no knowledge whatever, and which could not be considered by this Depart- 

 ment. Even if he claims by pre-emption, no vested rights accrue as 

 against the United States until proper proof and payment for the land 

 has been made. (See Hutchins vs. Low, 15 Wall. Reports, p. 77, and 

 other cases there cited.) 



It thus appears that Mr. Leschinsky can have no legal rights to any 

 of the lands within this reserve, and in case he persists in occupying 

 the same or in interfering with the operations of the fisheries, I would 

 suggest that you make application to the Department of Justice to have 

 him ejected therefrom. 



Very respectfully, your obedient servant, 



J. A. WILLIAMSON, 



Commissioner, 



Hon. Spencer F. Baird, 



United States Commissioner of Fish and Fisheries, 



West Philadelphia, Pa. 



