DOCUMENTS ON FILE IN THE OFFICE OF THE ATTORNEY-GENERAL, RELATING TO THE BOUNDARY LINE BETWEEN CALIFORNIA AND ARIZONA. DOCUMENTS. ATTORNEY GENERAL'S OFFICE, Sacramento, January 16th, 1868. To the Honorable the Assembly of the State of California: } In reply to the resolution of the Assembly of the State of California of this date, requiring the Attorney-General to communicate to you all petitions or other papers on file in his office, concerning any dispute as to the boundary between the Territory of Arizona and the State of California, in the vicinity of Fort Yuma, I have the honor herewith to submit copies of all the papers on file in this office upon the subject mentioned in your resolution. I am, very respectfully, your obedient servant, JO HAMILTON, Attorney-General. STATE OF CALIFORNIA, County of San Diego. } SS. James McCoy, being first duly sworn, says: That he is Sheriff of said county and has been for the last six years; that upon a recent visit to Fort Yuma and its vicinity, he found posted there the annexed notice, marked (A), and also received from the persons therein named the annexed notices marked (B) and (C); that the said James O'Donnell and J. W. Jones, therein named, have always paid their taxes in said County of San Diego, together with other persons, as follows: H. T. Stevens, merchant; John Dow, agent Steam Navigation Company; Polhemus, Captain of steamer; A. S. Grant, Quartermaster's Clerk; G. A. Johnson and Steam Navigation Company; and Said O'Donnell being a merchant, and said Jones a saloon keeper. Deponent, in his visit, was accompanied by John S. McIntyre, Assessor of said County of San Diego; and said James O'Donnell, J. W. Jones, H. T. Stevens and C. Arnabar have paid to deponent, as said Sheriff, their taxes for the present year, in the belief that their actual residence, with their property, is in said County of San Diego. Deponent further says: The residences and places of business of said taxpayers is upon a narrow strip of land upon the south side of the Colorado River, lying between Pilot Knob and the junction of the Gila and Colorado Rivers, which tract has always been treated by the officers of said county, whether for the purposes of taxation, or voting or other wise, to be within the limits of the State of California, without controversy, until the late claim set up in the notice above referred to. Deponent has seen the monument established at Pilot Knob by the Boundary Commissioners under the treaty between the United States and Mexico of eighteen hundred and forty-eight, as well as under the subsequent treaty for the Gadsden Purchase; and in the year eighteen hundred and fifty-five deponent saw, on a gravelly hill, about four hundred yards opposite to Fort Yuma, and upon the Gila River, another monument, a straight line being drawn from which would strike the monument at the Pilot Knob, and would leave to the northward said strip of land upon which said taxpayers reside. Deponent has always understood, and so believes the fact to be, that said last mentioned monument is one of the landmarks of the old boundary between the State of California and Mexico. In the doubt now existing under said late claim as to the boundary between Yuma County, Arizona, and San Diego County, California, deponent, for the safety of said taxpayers, and that injustice may not be done to them, has not paid the amount of taxes by him received as aforesaid, being the aggregate sum of three hundred and seventy dollars and twenty cents, and submits all the premises to the consideration and determination of the honorable Attorney-General of California, praying that action thereupon, by such legal proceeding as may be adjudged necessary, may be had at an early day, for the better protection of said taxpayers, and for the interests of public revenue. Deponent further says: That the Federal taxes of said taxpayers have always been paid to the United States officers within said San Diego County, and said Arnabar, by deponent, has forwarded his said taxes to said officers; and deponent now has instructions from said O'Donnell, H. T. Stevens and J. W. Jones, to pay their Federal taxes at the Town of San Diego, the distance from said town to Fort Yuma being about two hundred and fourteen miles. In addition to the sum of three hundred and seventy dollars and twenty cents so collected as aforesaid, a much larger amount for taxes will be due this year from the other persons hereinbefore named. Pilot Knob monument is near the River Colorado, and distant seven miles from Fort Yuma. Between Fort Yuma and Pilot Knob, the river makes a bend to the north. JAMES MCCOY, Sheriff and Ex Officio Collector. County Court Subscribed and sworn to before me this thirteenth day of May, A. D. eighteen hundred and sixtyG. A. PENDLETON, seven. (A) County Clerk. To all persons interested : The undersigned, by virtue of the law and his official position as Sheriff and ex officio County Assessor of Yuma County, Arizona Territory, deems it his duty to notify any and all persons doing business, and who hold in their name possession as agent, administrator, executor or otherwise, personal or real property, within the county boundaries of said county as described in the Howell Code, page 24, Chapter 2, entitled, "Of the Formation and Rights of Counties," to wit: The County of Yuma shall be bounded as follows: On the east, by the line of one hundred and thirteen degrees, twenty minutes, west longitude; on the north, by the middle of the main stream of the Santa Maria to its junction with Williams Fork; thence, by the middle of the main channel of said stream, to its junction with the Colorado River; on the west, by the main channel of the Colorado River; and on the south, by the Sonora line; that he will proceed forthwith to assess the valuation of the aforesaid property, not exempt from taxation, as required by Chapter 33, Howell Code, entitled, "Of Finance and Taxation," to which reference is hereby made. Persons owning or having possession of any personal or real property aforesaid are required forthwith to deliver to the Assessor or his deputies a statement of their property early as possible, or the Assessor will proceed to make such assessment as he deems just and reasonable. M. D. DOBBINS, (B) LA PAZ, May 1st, 1867. JAMES O'DONNELL, Esq: Upon a full examination of the law and the county boundaries of Yuma County, I find that all the property owned, claimed or in your possession as agent, lying and being on this side, which is the east side of the middle of the channel of the Colorado River, are within the limits of the county boundaries and therefore under the jurisdiction of the Courts and civil officers of the county. The fact of this being so renders it incumbent upon me to execute, as nearly as possible, my duties as Sheriff and ex officio County Assessor of Yuma County. I therefore request that you deliver to my deputy, Mr. Smith, a statement of your property, both real and personal, at your earliest convenience. Should you decline doing so, be kind enough to give your answer in writing. No doubt but that all parties have been advised by the best legal advisers |
