School Land

[Thomas Glover]

Waltz lived on Section 16 (T1N, R3E), which is commonly referred to as “School Land” since sections 16 and 36 were set aside as “School Lands”. As such it seems they could not be claimed under the Homestead Act of 1863 (’62?). I have confirmed that this is the case, but I am puzzled when I read the Homestead Act.

The Homestead Act has no exclusion of any sections as “School Land”. I have traced the exclusion of Sections 16 and 36 to a reference that the setting aside of Sections 16 and 36 predated the Homestead Act—that the provision for excluding those two sections dates from circa 1850. It was probably a law passed that modified the Pre-emption Act of 1841.

But, I cannot locate the primary source for the “School Land” exclusion passed in circa 1850. Does anyone know just what the law was and where I can find the text?

Thank you,

TE Glover

[Joe Ribaudo]

Thomas,

It's possible that the State, or in this case the Territory, did a land exchange after receiving title to the Trust lands, which would include "school lands". They would do such exchanges in order to acquire land considered more valuable to them at the time. I believe water rights and water projects were a prime example for those kinds of exchanges.

Perhaps some research into State land exchanges would clear up the matter. I can see where I may be misunderstanding what you are looking for.

Take care,

Joe

[Thomas Glover]

Joe,

No that isn’t what I was looking for, but, thanks for trying—I realize it is a most esoteric query.

However, with the help of the law library at the capitol I have the answer, many thanks to them, especially Mr. Sepulveda. Thought I would pass along this tiny tidbit of information that probably only interests one of my mindset.

In 1785 Congress passed the Land Ordinance. Two effects of the ordinance were: 1) the establishment of the cadastral survey system of baselines, meridians, and six sq. mile townships; and 2) it reserved Section 16 out of every Township as “school land”. Upon the territorial organization of Oregon (pronounced Ore – e gun, not Ore – e – gone!) in 1848 the federal government added a second section out of every township as “school land”. That second section was Section 36. So by the time of the Homestead Act in 1862 Sections 16 and 36 were federally mandated “school lands”.

Now for another question, what is a good source for the old names of Phoenix Streets, referenced to today’s names for Phoenix Streets? … especially as it relates to the numbered streets and avenues? In other words originally 7th street was not named 7th street, it had a name like Maricopa or Pima, etc. Does this make sense?

Thomas

[pippinwhitepaws]

sanborn fire maps would be my suggestion. if they still exist.

[Roger]

Here's a link to an 1885 Birdseye Map of Phoenix that has all the names of that time period shown. Phoenix had a population of 3500 at that time and Jacob Waltz was still living then. From a brief examination, I think Waltz's 1/4 section is at the SE corner of Harrison St and Maricopa St. The map shows the Dutch Ditch (it's labeled) as running due East-West so it must have been realigned from running diagonally across Jake's property.

Hope this helps.

Roger

[zentull]

I have most of the platt maps from that time period with the original names. Will get Randy to post it when I dig it out.

[zentull]

Centre Street going East:

Montezuma, Maricopa, Pima Pinal, Aribiapa,Tonto and Apache

Centre Street going West:

Cortes, Mohave, Papago, Yuma, Cocopa, Hualpai, Yavapai, OuryHancock, Woolsey, Park, Titus, Porter and French