2022 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 21,

COLLECTORS OF CUSTOMS. Ottawa and State of Michigan, in the placeofWilliam Verbeck, whose Horace E. Morse, of New York, to be collector of customs for the dis­ commission expired January 2, 1887. trict o( Cape Vincent, in the State of New York, to succeed George W. Adolph F. Hitchler, to be postmaster at Plymouth, in the county of Warren, whose term of office will expire by limitation on March 2, Luzerne and State ot:.Pennsylvania, in the place of Charles H. Wilson, 1887. whose commiss~on expired January 2, 1887. Arthur K. Dela.ney, of Wisconsin: to be collector of customs for the Myer M. Kauffman, to be postmaster at Clarion, in the county of district of Alaska, in the Territory of Alaska, in place of Peter French, Clarion and State of Pennsylvania, in the place of 1\liller Beatty, whose suspended. commission expires February 21, 1887. SURVEYORS OF CUSTO::US. George A. Rush, to be postmaster at Bedford, in the county of Bed­ ford and State of Pennsylvania, in the place of Martha. A. McClintock, Owen McGloughlin, of Iowa, to be surveyor of customs for the port whose commission expires February 21, 1887. of Dubuque, in the State of Iowa, to succeed Robert Armstrong, whose Edward N. Stebbins, to be postmaster at Coudersport, in the county term '()f office will expire by limitation March 2, 18tl7. of Potter and State of Pennsylvania, in the place of Melville S. Thomp­ John M. Mercer, of Iowa, to be surveyor of customs for the port of son, whose commission expires February 21, 1887. Burlington, in the State o.f Iowa, to succeed George Frazee, whose William W. Armstrong, to be postmaster at Cleveland, in the county term of office will expire by limitation March 2, 1887. of Cuyahoga. and State of Ohio, in the place of Thomas Jones, jr., whose ASSIST.L"\f"T TREASURERS. commission expires March 3, 1887. Charles W. McCrone, to be postmaster at Alexandria, in the county Samuel N. Aldrich, of Massachusetts, to be assistant treasurer of the of Hanson and Territory of Dakota, in the place of Florence B. South· United States at Boston, in the State of Massachusetts, in place of mayd, resigned. Martin Parry Kennard, whose commission will expire by limitation March 1, 1887. Henry Overstolz, of Missouri, to. be assistant treasurer of the United States at Saint Louis, in the State of Missouri, in place of Albert G. HOUSE OF R.EPRESENT.A.TIVES. Edwards, whose commission will expire by limitation March.2, 1887. :UoNDAY, Feb'nw:ry 21, 1887. REGISTER OF LA.I-.""D OFFICE. The Honse met at 12 o'clock m. Prayer by the Chaplain, Rev. Charles E. Broyles, of Alamosa, Colo., to be register of the land WILLIAM H. 1t1ILBURN, D. D. office at Del Norte, Colorado, vice Samuel C. Williams, who was con­ The Journal of the proceedings of Saturday was read and approved. fumed at the last session of the Senate, but has failed to qualify. PROPERTY OF AMERICANS DESTROYED AT ASPINWALL. DISTRICT JUDGE. The SPEAKER laid before the Honse the following message from Amos M. Thayer, of Missouri, to be United States district judge for the President of the United States; which was read, referred to the the eastern district of Uissouri, in the place of Samuel Treat, resigned. Committee on Foreign Affairs, and ordered to be printed: POSTMASTERS. To the House of Representatives of the United Slates: I transmit herewith to the House of Representatives a. report from the Secre· James L. Hanna, to be postmaster at Oakland, in the county of Ala­ tary of State, in respon e to a. resolution of that body of the 16th instant, inquir­ meda and State of California, in the place of William E. Dargie, whose ing as to the action of this Department to protect the interests of American cit­ commission expires February 27, 1887. izens whose property was destroyed by fire caused by insurgents at Aspinwall in 1885. 'Villiam H. Cheney, to be postmaster at South Manchester, in the GROVER CLEVELAND. county of Hartford and State of Connecticut, in the place of William EXECUTIVE MANsiON, Washington, February 19, 1887. H. Cheney, whose commission expired February 15, 1887. • Thomas Buckley, to be postmaster at Plantsville, in the county of LEAVE OF ABSENCE. Hartford and State of C.onnecticut, in the place of Heber S. Ives, whose By unanimous consent, leaves of absence were granted as follows: commission expires February 24, 1887. To Mr. LAFFOON, for two days, on account of important business. H. A. Tanner, to be postmaster at De Land, in the countyofVolnsia To Mr. GROSVENOR, for three days, on account of professional busi- and State of Florida, in place of Basil B. Bennett, removed. ness. George W. McDonald, to be postmaster at Attica, in the county of To Mr. J Al\IES, for two days. Fountain and State of Indiana, in theplace ofAlbert S. Peacock,whos~ To Mr. WINANS, indefinitely, on account of severe sic1."1less in his commission expires February 24, 1887. family. Frederick A. Cummings, to be postmaster at Bangor, in the county To Mr. FREDERICK, indefinitely, on account of sickness. of Penobscot and State of Maine, in the place of Augustus B. Farnham; whose commission expires February 19, 1887. CHANGE OF REFERENCE. Charles Walker, to be postmaster at Lewiston, in the county of An­ The SPEAKER. The Chair finds that House bill1630 with the Sen­ droscoggin and State of Maine, in the place of Horace C. Little, whose ate amendments thereto, to increase the pension of the widow of the commission expired February 12, 1887. late Capt. Dominick Lynch, has been improperly referred to the Com­ Simon Farnsworth, to be postmaster at 1\~illbm'J, in the county of mittee on Naval Affairs. If there be no objection that committee will "rorcester and State of Massachusetts, in the place of Mary F. Bowen, be discharged from its consideration and the bill will be referred to the .who e commission expires February 21, 1887. Committee on Invalid Pensions. Hugh M:cL::mghlin, to be postmaster at Iron Mountain, in the coun~y There was no objection, and it was so ordered. of Menominee and State of Michigan, in the place of Charles E. Parent, CONTESTED ELECTION-KIDD VS. STEELE. whose commission expired February 15, 1887. Willett W. DeKay, to be postmaster at Red Wing, in the county of 1\fr. HENDERSON, of North Carolina, from the Committee on Priv­ Goodhue and State of Minnesota, in tbe place of Amherst F. Graves, ileges and Elections, presented a report in the contested-election case whose commission expires February 27, 1S387. of _Kidd vs. Steele, concluding with the following resolutions: Richard U. Scott, to be postmaster-at .Ashland, in the county of Saun­ Resolved, That Meredith H. Kidd was not elected a Representative in the Forty­ ders and State of Nebraska, in the place of Thomas J. Pickett, jr., whose ninth Congress from the eleventh district of Indiana, and is not entitled to a commission expired February 5, 1887. seat therein. Resolved, That George W. Steele was duly elected such representative, and is Joel II. Johnson, to be postmaster at Woodstock, in the county of entitled to retain his seat. McHenry and State of illinois, in the place of Gardner S. Southworth, who~ e commission expires March 2, 1887. Mr. HENDERSON, of North Carolina. Mr. Speaker, I give notice Jonas W. Olson, to be postmaster a.t Galva, in the coun-ty of Henry that I shall ask the House to consider this report on Thursday next and State of illinois, in the place of James Gaster, whose commission immediately after the morning hour. expires February 27, 1887. The SPEAKER. The Chair will state to the gentleman that there Hobert S. Randall, to be postmaster at Bushnell, in the county of is another privileged matter postponed until next Thursday-what is McDonough and State of Illinois, in the place of Elna.than K. Westfall, known as the dependent pension bill, with the President's veto mes­ whose commission expires March 2, 1887. sage. Martin V. B. Smith, to be postmaster at Morrison, in the county of Mr. HENDERSON, of North Carolina. I will state, 1\.t:r. Speaker, Whiteside and Sta.te of Illinois, in the place of Frank Clendenin, whose that this is the .unanimous report of the committee, and need not oc­ commission expired February 12, 1887. cupy more than a few minutes. . Sumner R. Sanderson, to be postmaster at Plano, in the county of REPEAL OF THE PRE-El\IPTION LAWS, ET . Kendall and State of Illinois, in the place of David G. Graham, whose commission expires :March 1, 1887. M:r. COBB. Mr. Speaker, I desire now to call up the conference William W. Bogue, to be postmaster at Portland, in the county of report on the bill (H. R. 7887) to repeal all laws providing for the pre­ Ionia and State of Michigan, in the place of F. M. Cq.tcheon, whose emption of the public lands, the laws allowing entries for timber cult­ commission expired January 29, 1887. ure, the laws authori:r.ing the sale of desert lands, and for other pur­ Jacob G. Van Pntten, to be postmaster at Holland, in the county of poses. 1887. CONGRESSIONAL RECORD-HOUSE. 2023

Mr. PERKINS. Mr. Speaker, the discussion of that-conference re­ or a. quarter-section of land, to include the residence of such claimant, upon paying to the Unlted States the minimum price of such land. port is likely to consume some time. Those of us who are interested SEc. 2260. The following classes of persons, unless otherwise specially pro­ in the matter are quite willing that it shall be considered to-day, pro­ nded for by law, shall not acquire any right of pre-emption under the provis­ vided we can have sufficient time for its full discussion. I understand, ions of the preceding section, to wit: First. No person who is the proprietor of~{) acres of land in any State or however, that this is the day when motions by committees to suspend Territory. the rules are in order, and we who differ from the gentleman from In­ Second. No person who quits or abandons his residence on his own land to diana [Mr. COBB] as to what action the House should take on this bill reside on the public lands in the -same State or Territory. SEC. 2261. No person shall be entitled to more than one pre-emptive right by are not willing that he and those who agree with him shall have an op­ virtue of the provisions of section 2259; nor where a party has filed his declara,. portunity to present their views unless we can have an opportunity of tion of intention to claim the benefits of such provisions, for one tract of land, presenting the other side. If we can have the matter fully consid­ shall he file, at any future time, a second declaration for another tract. SEc. 2262. Before any person claiming the benefit of this chapter is allowed to ered to-day, and can have a full hearing, there is no disposition on our enter lands he shall make oat-h before the receiver or register of the land dis­ part to oppose the present consideration of the report; but otherwise we trict in which the land is situated that he has never had the benefit of any right must object to its consideration at this time. of pre-emption under section 2259; that he is not the owner of 320 acres of land in any State or Territory; that he 'has not settled upon and improved such land Mr. COBB. That is a matter for the House to determine. to sell the same on speculation, but in good faith to appropriate it to his own Mr. SPRINGER. I want to raise the question of consideration. exclusive use ; and that he has not, ·directly or indirectly, made any agreement or contract, in any way or manner, with any person whatsoever, by which the The SPEAKER. The Chair thinks the question of consideration can title which he might acquire from the Government of the United States should not be raised, for the reason that this matter has been partially con­ inure in whole or in part to the benefit of any person except himself; and if any sidered already, and has been postponed by a vote of the House. It is person taking such oath swears falsely in the premises, he shall forfeit the money which he may have paid for such land, and all right and title to the same; and in order, however, to move to postpone it. any grant or conveyance which he may have made, except in the hands of bona Mr. SPRINGER. Mr. Speaker, this is the one day in the month fide purchasers, for a valuable consideration, shall be null and void, except as when motions on the part of committees to suspend the rules are al­ provided in section 2288. And it shall be the duty of the officer administering such oath to file a certifica.t-e thereof in the public land office of such district, lowed, and this report can be called up any day. Therefore I do not and to transmit a duplicate copy to the General Land Office, either of which think it is fair for gentlemen to come in here and press the consid6ra­ shall be good and sufficient evidence that such oath was administered accord­ tion of this bill on the one day in the month which is set apart for mo­ ing to law. SEC. 2263. Prior to any entries being made under and by 'virtue of the provis­ tions by committees to suspend the rules, when, as I have said, this is ions of section 2259, proof of the settlement and improvement thereby required a. matter of privilege that they can call up for consideration at any shall be made to the satisfaction of the register and receiver of the land district tune. in which such lands lie, agreeably to such rules as may be prescribed by the Secretary of the Interior; and all assignments and transfers of the right hereby Mr. COBB. Regular order. secured, prior to the issuing of the patent, shall be null and void. Mr. SPRINGER. If necessary, I shall move to postPone the consid­ eration of this conference report; but, before making that motion I ask That is the pre-emption law. unanimous consent that, if we consider the report to-day, deba~ upon The commutation clause of the homesteai!. law is simply another name it shall be closed at 2 o'clock. If we can have that order made I shall for pre-emption, since it provides that the hom~teade.r may at any time be satisfied. ' before the expiration of the :fi. ve yeru:s' residence UI'On the land required Mr. STRAIT. I _object. by the homestead law pay the minimum price in ~h for the land and Mr. PERKINS. That will not be satisfactory. obtain a patent "on making proof of settlement and t."lltivation as pro­ Mr. SPRINGER. Then I move to postpone the further considera­ vided by law granting pre-emption rights." tion of this report until to-morrow. The timber-culture law, which I will not consume time in reading, ..l'tfr. DUNN. I wish to make a parliamentary inquiry: Is not to­ provides substantially that any person having the quali:fications of a morrow after 3 o'clock set aside for eulogies on the late Senator Pike? pre-emptor as to citizenship may enter not exceeding 160 acres of Mr. SPRINGER. There will be plenty of time to dispose of this prairie land for the purpose of planting and cultivatin{; trees thereon. report before the arrival of that hour. If the entryman enters 160 acres of land he is required "to plant, pro­ The SPEAKER. The Chair understands that the gentleman from tect, and keep in a healthy, growing condition for eight years 10 acres Arkansas [Mr. DUNN] is correct. · of timber;" if the entry is for only 80 acres he is required to p!2-l;l.t 5 Mr. DUNN. This subject will involve a long debate and perhaps acres of trees; and if the entry be for 40 acres or less he is required. ~o can not be :finished before 3 o'clock. I hope that the House will pro­ cultivate 2~ acres of trees. By making proof of compliance with the ceed with it to-day. provisions of the act the entryman becomes entitled to a patent. Mr. STOl'l"E, of Missouri. I ask unanimous consent that the debate The desert-land law, which applies to the States of California, Ore.. be limited to two hours and a half, one hour on this side and an hour gon, and Nevada and to the several Teuitoriesofthe United States, is and a half on the other. . short:, and I will read it. 'l'he SPEAKER. The gentleman from Missouri asks that debate on [SECTION 1]. That it shall be lawful for any person of the United States, or any person of requisite age "who may be entitled tQ become a citizen, and who has this report be limited to two hours and a half, one hour on one side filed his declaration to become such," and upon payment of 25 cents per acre, and one hour and a half on the other. to file a declaration under oath with the register and the receiver of the land Mr. STRAIT. That will be satisfactory on this side. district in which any desert land is situated that he int-ends to reclaim a tract of desert land not exceedipg one section, by conducting water upon the same, Mr. DUNHAM. I object. within the period of three years thereafter. The SPE~E:~. The question is then on the motion of the gentle­ Provided, howe-ver, That the right to the use of water by the person so conduct­ man from illmoiS [Mr. SPRINGER] that the further consideration of ing the same on or to any tract of desert land of 64.0 acres shall depend upon bona fide prior appropriation ; and such right shall not exceed the amount of this report be postponed until to-morrow. water actually appropriated and necessarily used for the purposes of irrigation Mr. SPRINGER. After the reading of the Journal. and reclamation; and all surplus water over and above such actual appropria,. The SPEAKER. It is privileged, and can be called up at any time. tion and use, together with the water of all lakes, rivers, and other sources of water supply upon the public lands, and not navigable, shall remain and be held The question being taken on the motion of 1\Ir. SPRINGER, there free for the appropriation and use of the public for irrigation, mining, and manu­ were-ayes 40, noes 54. facturing purposes, subject to existing rights. Mr. SPRINGER. No quorum has voted. I call for tellers. Said declaration shall describe particularly said section of land if surveyed, and, if unsurveyed, shall describe the same as nearly as possible without a sur­ Tellers were ordered; and Mr. SPRINGER and Mr. CoBB were ap- vey. pointed. At any time within the period of three years after filing said decla.ra.tion, upon The House again divided; and the tellers reported-ayes 64, noes SL making satisfactory proof to the register and receiver of the reclamation of said tract of land in the manner aforesaid, and upon the paym.ent to the receiver of So the motion of Mr. SPRINGER was not agreed to. the additional sum of $1 per acre for a tract of land not exceeding 64.0 acres to The SPEAKER. The House refuses to postpone the consideration any one person, a patent for the same shall be issued to him: Provided, That no of the report. The gentleman from Missouri [.Mr. STONE] is. entitled person shall be permitted to enter more than one tract of land, and not to ex­ to the floor. ceed 64.0 acres, which shall be in compact form. SEc. 2. '.rha.t all lands exclusive of timber lands and mineral lands which will :Mr. STONE, of Missouri. .l'tir. Speaker, if I can have the attention not without in·igation, produce some agricultural crop, shall be deemed desert of the House I will endeavor to so elucidate the points of difference be­ Ian~, within the meaning of this act, which fact shall be ascertained by proof of two or more credible witnesses under oath, whose affidavits shall be filed in tween the Senate and House on the pendina measure as to enable every the land office in which said tract of land may be situated. gentleman to judge of.the merits of the c~ntroversy and to vote here to-day with a full knowledge of the true state of the case. I take it These are the four laws which have occasioned so much discussion for gra.nt~d that t?e members of the House are generally familiar with in Congress, in the press, and throughout the country. the eXIS?ng public land laws. Bnt with a view to starting right I will Now, .l'tfr. Speaker, what did we start in to do? Let us keep clearly ask ~h~ mdulgence of the House while I get before us the substantial before us the purpose we had in view at the inception of the pending proVISIOns of such of these laws as are important to the present con­ legislation. We started in to repeal these laws. We started in to blot sideration. I read as follows: them out and eliminate them from the statute-books of the conntry, of course reserving unimpaired any rights alreadyvested. We started in SEc. 2259. Every person, being the head of 1!- ~a.mily, or widow, or single per· '!!On, over the age oftweno/-one.years, and a citizen of the United States, or hav­ to repeal these laws, and preserve the public lands remaining for home­ mg. filed a declaration of mtent10n to become such, as required by the naturali­ stead settlements only. zatio_n laws, wh~ has made, or hereaft-er makes, a settlement in person on the Why? Why did we desire to repeal these laws? There are at least pubhc lands subJect to pre-emption, and who inhabits and improves the same a~d who ha~ erected or shall erect a dwelling thereon, is authorized to ente~ two reasons that induced your Committee on Public Lands to report a w1th the rt;~g!--S~er of the land-office for the district in which such land lies, by bill repealing them, and the same reasons, I presume, induced this legal snbdiV1Slons, any number of acres not exceeding one hundred and sixty, House to pass it. First, under the operation of the existing statutes, r

2024 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 21,

even when honestly observed and administered, according to the prac­ many of them, be relinquished for a consideration. This wholesale offer of re­ linquishment is, of course, pr-ima facie proof of fraud. This class of claimants tice which has obtained, whether that be in harmony with the original have been specially numerous and busy in the Territory of Dakota, where large purpose of these laws or not, a single individual may make a commuted bodies· of public lands have recently been opened to settlement so that the homestead entry of 160 acres, a pre-emption entry of 160 acres, a tim­ territorial governor has felt constrained to call the attention of the Legislative Assembly to the subject. ber-culture entry of 160 acres, and a desert-land entry of 640 acres, Under the desert-land act, too, large tracts of public lands have been unlaw- making a total of 1,120 acres. fully secured. · In view of the marvelous augmentation of our population and the Forged soldiers' additional homestead certificates have been located on a large belt of the most valuable timber lands in California, and the timber cut andre­ constantly increasing demand for homes upon the one hand and the moved. rapid decrease in the area of our public lands upon the other, it is In the grazing districts thousands and even hundreds of thousands of acres deemed wisest and best to remove the opportunity of acquiring the have been unlawfully inclosed, and bonafide settlers shut out. In the views set forth in the Commissioner's letter I fully concur. public lands in large holdings by single individuals and to distribute Very respectfully, them in less quantities to greater numbers. The United States cer­ H. 1\1. TELLER, Secretary. tainly have the risht to dispose of their lands as they please, but they The PRESIDE!IT, should please to dispose of them in that way best calculated to pro­ mote the highest public good. DEPARTliENT OF THE INTERIOR, I took occasion once before to say in this House what I now beg leave GENXRAL LA.ND OFFICE, to repeat, that whenever a citizen becomes a land-owner, sheltered by Washington, D. C., February 3,1883. his own roof and with the means of comfortable subsistence at his com­ Sm: In my·annual repo1·t for 1882 I made the following reference to fraudulent mand, he has a personal interest in maintaining social and public or­ entries of public lands: Investigations made during the past year have developed the existence of der, in preserving the institutions of his country, and thereafter may much fraud under the shield of the pre-emption, homestead, and timber-culture be relied upon as a safe, conservative, and law-abiding citizen. It is laws. wise and best, therefore, and humane as well, that these common lands These investigations have been based upon complaints made to this office that greatquantitiesofvaluable coal and iron lands, forests of timber, and the avail­ of the people should be so distributed as to furnish the greatest num­ able agricultural lands in whole regions of grazing country have been monop­ ber of homes possible to those who seek them. olized by persons who have caused fraudulent pre-emption and homestead en­ Eleven hundred and twenty acres are equal to seven )lomesteads of tries to be made by their agents and employes• .A. proper investigation of the numerous complaints that are constantly being 160 acres each; or if we exclude the 640 acres that may be taken under rece1ved would require the employment of a large force of special agents, and the desert-land law, as not being adapted to ordinary homesteads be­ involve an expense far beyond the customary appropriation by Congress avail­ cause of their desert character, there will still remain 480 acres which able for that purpose. Efforts have been made to check unlawful acts of this character in the coal and iron regions of Alabama, the timber regions of Min­ may be taken by a single person under the commutation homestead, nesota, the grazing country of California, and on agricultural lands in the Ter­ pre-emption, and timber-culture laws, equal in amount to three ordi­ ritory of Dakota by the special investigation of cases of alleged frauds, trials nary homesteads of 160 acres each. Is it right, or fair, or just, where before local land officers to cancel illegal entries, and the inst-itution of civil and criminal suits. These proceedings have, however, necessarily been confined to three or seven men, as the case may be, come seeking homes upon one or two localities in each of said States and Territories, owing to the limited these lands that one should_be permitted to take them all, and acquire a facilities of this office for such service. lordly estate to the exclusiOn of the rest? The rapid absorption of public lands.under the various acts for their appro­ priation and disposal has brought the remaining lands into great request, and . We have thought not, and that is one of the reasons why we have the marketable price of unimproved land in many parts of the country much regarded it of the highest moment that the proposed legislation should exceeds the Government price. be enacted at the earliest possible period, even if it was true, which it This fact stimulates entries for speculative purposes, and the exceedingly lib­ eral legislation of Congress designed to favor actual settlers has become an in­ is not, that there are no violations of the letter or the spirit of the strumentality for the fraudulent acquirement of titles and claims by means of present laws. which the actual settler is prevented from making settlement unless he enters But there is a second reason, and a very urgent and imperative one, into an expensive contest to clear the land from a fraudulent claim, or pur­ chases at a speculative price the relinquishment of some claim of that char· why these laws should be repealed, founded on the vast abuses that acter. have grown up under them. These laws, enacted to subserve purposes :My information is that desirable agricultural lands in new States and Terri­ the most beneficent and patriotic, have been, and are be?.ng, misused tories are, in many instances, and in some portions of the country apparently in all instances, covered with claims simultaneously with the filing in the local to defraud and despoil the people on a gigantic scale of their most land office of the plats of township surveys. precious inheritance. They were designed solely for the purpose of These claims consist of pre-emption filings, soldiers' homestead filings, tim­ inducing actual settlement and occupancy of our public domain by ber-culture entries, and homestead entries. Such filings and entries are fre­ quently made by professed agents or attorneys, who in many cases immediately thrifty and industrious farmers; but they have been seized upon and thereafter advertise relinquishments of the same for sale. The offering of relin· employed to serve the dishonest purposes of cormorants and land-grab­ quishments in this wholesale manner is primajae~ evidence of the fraudulent bers, who, by sharp pra.ctices are absorbing millions of acres of the character o! claims proposed to be so relin9.uished. And yet such claims hold 1 the land until the parties controlling the relinquishments can find customers in public lands for speculative or unlawful purposes, to the deprivation the persons of actual settlers or other parties who will buy the relinquishments and detriment of thousands of homeless men. from them, unless the fraudulent claims are removed by individual contests, or I know there are gentlemen in Congress and out who antagonize this by an investigation and hearing at the instance of the Government. Settlers seeking lands can not usually afford to expend the means or time nec­ policy inaugurated by the House, who assert that all this talk about essary to the prosecution of a contest and they are, therefore, compelled by the . the fraudulent appropriation of the public lands is a distortion and ex­ circumstances of the case either to aoandon1 an attempt to make settlement or aggeration of the truth. I do not believe it is. I believe fraudulent to buy their way to the public lands from persons who unlawfully control such lands. entries have been and are being ma-de to an enormous and startling ex­ In the Territory of Dakota, which cast 50,000 votes at the last election, the tent. It is a question of fact that ought to be susceptible of ascertain­ number of agricultural entries to the present date exceeds 150,000, and such entries ment, and I regard it as a fact already very definitely ascertained. are now bein2:made at the rate of more than50,000year1y. .As a very considerable portion of the inhabitants are settled on railroad lands and school sections, it is And it is a fact which I now invite the House to aid me for a short manifest that the number of entries of public lands 'is far beyond the actual oc­ time in examining, in anticipation of what I intend presently to say with cupation of such lands, and far beyond the entl'ies that could legally have been refe1·ence to the deliberations of the conference committee. made. The governor of this Territory in his last annual message to the Legis­ lative Assembly makes the following statement: I desire now to read· from Executive Document No. 61, transmitted "The well-intended acts of Congress, allowing the entry of 160 acres of land as to t.he second session of the Forty-seventh Congress by the President a tree claim, have been so completely nullified by the manipulations of land· of the United States: sharks that our broad and fertile prairies are comparatively treeless." The governorrecommends that a certain number of acres of land be exempted .To the Senate and Hou$e of Rep1·esentatives: from Territorial and local taxation in order to encourage the growth of trees and I herewith transmit a communication from the Secretary of the Interior of the homesteads, for the reason expressly given, that frauds have been so extensively 7th instant, with accompanying papers, setting forth the urgent necessity of perpetrated under the timber-culture act that the practical operation of that act stringent measures for the repression of the rapidly increasing evasions and has been to prevent instead of to promote the cultivation of trees. violations of the laws relating to public lands, and of a special appropriation These frauds are not confined to.Ule Territory of Dakota, but extend to other !or this purpose, both in the current and approaching fiscal years. States and Territories as well. The subject is presented for the consideration of Congress. Under the desert-land act ent1·ies are procured to be made in the interest of CHESTER A. ARTHUR. others than the professed entryman, in violation of the restriction to one entry EXECUTIVE MANSIOY, Febntary 8, 1883. by any one person, and large tracts of land are thus unlawfully secured. Desert entries are also frequently made upon good grass or agricultural lands which are leased for grazing or other purposes, or held for speculation. Such DEPART:IIENT OF THE INTERIOR, entries are also used to control the water supply upon which larger areas of JJ'ashington, February 7,1883. country are dependent when no intention of complying with the law exists, or Sm: I have the honor to submit herewith copy of letter addressed to me, on little or no attempt at such compliance is made. the 3d instant, by the Commissioner of the General Land Office, with accom­ Forged soldiers' additional homestead certi ticates have been located on a large panying papers, in which he sets forth the urgent necessity of stringent meas­ belt of the most valuable timber land in California, and the timber cut n-ud re­ ures to repress the rapidly increasing evasion and violation of the laws relating moved. to public lands, and the need of a special appropriation for this purpose, both in In the grazing districts of Western Kansas, in Colorado, New Mexico, .Ari­ the current and approaching fiscal years. zona, California, Nevada, Idaho, Wyoming, and :Montana, the title to agricult­ The evidences of fraudulent entry and illego.l appropriation of public lands ural lands and water rights is in large classes of cases obtained by perjury and have of late accumulated to an alarming extent. As the quantity of public fraud, followed or preceded by the unlawful inclosure of tracts of public lands, lands diminishes, their value naturally appreciates, so that now their market varying from some thousands to several thousand acres each, over which value frequently exceeds greatly the Government price for them. This stimu­ dominion is exercised by private parties to the exclusion of vo.l.id settlement lates entries for speculative puTposes. and laws intended to benefit settlers in rights under the Jaws of the United States. It appears also, in some cases, that f!!OOd faith are so perverted for fraudulent purposes that the actual settler finds lands so fenced in are parceled· out according to the number of the cattle Jt difficult, if not 1mpossible, to get title to public lands without first paying possessed by individual ranchmen, and the right to herd upon such public tribute to the dishonest claimant. No sooner is the plat of survey filed in the lands leased to them for a money consideration. . Jocalland office than claims (pre-emption, homestead, and timber-culture) are In California, Oregon, and Washington Ter.ritory collusive entries are mado at once filed co"\"ering all the agricultural lands; claims that will, however, under the timber-land act for the purpose of procuring or controlling the timber

..... 1887. CONGRESSIONAL RECORD-HOUSE. 2025

in ln.rge quantities, contrary to the restrictionsofthe law. !tis also represented same general effect. It is corroborative of what the President and the that lands valuable for agriculture as well as for timber are entered under the timber-land act, and that titles to lar~e bodies of timbered farming lands ara Commissioner say. thun illegally obtained by single individuals. - I desire now to read from the reports of the present Commissioner of Valuable timber lands, and lands unfit for anything but timber, are fraudu­ the Land Office. He says: lently entered under the homestead and pre-emption laws in the alx>ve and other States and Territories. At the outset of my adnlinistration I was confronted with overwhelming evi· Timber lands in Northern Minnesota have been so largely entered by false. dences that the public domain was being made the prey of unscrupulous specu­ affidavits of settlement under these laws that I felt compelled during the past lation and the worst forms of land monopoly through systematic frauds carried year to place 3,000,000 acres on the market at the minimum price on agricultural on and consummated under the public land laws. My predecessor had for three land to avoid such wholesale criminality. years called the attention of Congress-to the extent and magnitude of fraudu· A partial investigation in Alabama has disclosed the fact that the Government lent appropriations of public lands, and, as shown by his general and special re­ has been defrauded out of some nlillions of dollars through the unlawful entry ports, had found it necessary to suspend the issue of patents in several States of coal and iron lands under agricultural laws. Information of similar frauds and Territories, either wholly or in certain classes of entries and special dis­ comnlitted in Colorado and elsewhere has been pressed upon my attention, but tricts of country. Reports of special agents, registers and receivers, and int>pect­ not investigated for want of means. ors of surveyors-general, and local land officers, communications from United Complaints of frauds and appeals for the protection of bonafide settlers from States attorneys and other officials, and letters from public men and private the exactions and oppressions of those who commit or cause these ft-auds to be citizens throughout the country, were laid before me, all detailing one common committed, are constantly coming up to this office. A flood-tide of illegal ap­ story of widespread, persistent public land robbery committed under guise of propriations seems to be sweeping over the new States and Territories, threaten­ the various forms of public laud entry. ing to engulf the entire public domain. I desire especiaJly call attention the fact that the predecessor of The time has arrived when, in my serious judgment, either a complete radi­ to to cal change in public land laws and administration, or some adequate means for Commissioner Sparks, in view of the magnitude of the frauds commit­ enforcing the penalties of existing law, has become an alternative that can no ted on the public lands, had found it necessary "to suspend th-e issue ·longer be disregarded. This office has never been furnished with facilities or means to secure a com­ of patents in several States and Territories, either wholly or in certain pliance with the requirements of the public-land laws. classes of entries and special districts of country." It would be well I have been able to make investigations no further than to the extent of dem for gentlemen to remember that fact when they come to assail the pres­ onstrating the necessity and utility of such service, but the little that has been done has produced such results as to satisfy me that it is within the administra­ ent administration. Perhaps if gentlemen were more familiar with the tive power of this Department to materially check these frauds, and that the cost facts or more attentive to the truth of history, they would be less per~ of such service, however apparently large, is trifling in view of the pecuniary sonal if not more moderate in their denunciations. results alone that may be achieved, irrespective of larger considerations of the promotion of the general welfare. Here, then, we have the concurring testimony of Republican and There are now before this office claims in some initiative or progressive stage Democratic Presidents, Secretaries, and Commissioners, all breathing covering titles to more than 200,000,000 acres of land, of which some 50,000,000 the same common story of spoliation and robbery. But let us go a lit­ acres are embraced in individual entries under general laws. That a very considerable proportion of these claims are without validity or tle farther still. I read as tallows: merit is indisputably true. Yet this office has been compelled for years past to DEPARTliENT OF THE INTERIOR, GENERAL LAND OFFICE, tTeat doubtful claims as valid, and to pass over to claimants the title of the Washington, D. 0., July 19, 1886. United States because it could not investigate the facts. Sm: During the fiscal year ending .June 30,1886, there were canceled or held The same course must largely be continued unless a change in means and for cancellation for fraud two hundred and eighty-five entries in Nebraska and measures shall be effected. one hundred and fourteen in Kansas, embracing about 63,000 acres of land. * * * * • * * There are still a large number of cases not yet acted on for the want of sufficient Very respectfully, force. A large majority of these entries were made in the interest of cattle com• N.C. McFARLAND, Comm.issioner. panies or by individuals for cattle and sheep ranches. Hon. II. 1\I. TELLER, Fifty-five entries of land lying within the Brighton and Finlin ranches in the Secretary of the Inler-i01·. North Platte district, Nebraska, have been canceled or held for cancellation upon report of agents or testimony taken at hearings, showing that all the entries That, Mr. Speaker, is what a Republican President, Secretary, ·and were made by members of the companies or by their employ68 for the compa­ Commissioner bad to say on this subject. Now let us turn to the other nies, and that the claimants neither improved nor resided upon their claims. side. President Cleveland, in his message to Congress at the beginning A number of other entries of land w1thin said companies' ranches are await­ ing action and are of the same character as those exanlined. of the present session, has this to say: In the McCook and North Platte districts, Nebraska, one hundred and mty­ The recommendations of the Secretary of the Interior and the Commissioner six entries were made by procurement of one Arnold in the interest of cattle­ of the General Land Office looking to the better protection of public lands and men. These entries have all been canceled or held for cancellation, and Arnold of the public surveys, the preservation of national forests, the adjudication of is now a fngitive from justice. grants to States and corporations and of private land claims, and the increased Alleged claimants have relinquished during the last year about nineteen hun­ efficiency of the pu blicland service, are commended to the attention of Congress. dred entries in the Wa Keeneyoffice,Kansas; six hundred in the Larned office, To secure the widest distribution of public lands in limited quantities among Kansas; sixteen huqdred in the McCook office, Nebraska, and eighteen hun­ settlers for residence and cultivation and thus make the greatest number of in­ dred in the Valentine office, Nebraska, embracing in all about nine hundred dividual homes, was the primary object of the public land legislation in the early thousand acres of land. days of the Republic. This system was a simple one. It commenced with an It is estimated that during the fiscal year ending .June 30, 1886, at least six admirable scheme of public surveys, by which the humblest citizen could iden­ thousand entries were relinquished in Nebraska. tify the tract upon which he wished to establish his home. The price of lands The greater portion, if not all, of these entries were made solely for specula­ -u:as plac~~ within the reach of all the enterprising, industrious, and honest tion and with no intention of complying with the law, and the relinquishments piOneer Citizens of the country. It was soon, however, found that the object of were undoubtedly caused by the investigations that were being made by special the laws was perverted, under the system of cash sales. from a distribution of agents. land among the people to an accumulation ofland capital by wealthy and specu­ Very respectfully, lative persons. B. B. SIM...'lES, To check this tendency a preference right of purchase was given to settlers on Ohief of Special Service Divisio11,. the land, a plan which culminated in the general pre-emption act of 1841, The Hon. WILLLUI A . .J. SPARKS, foundation of this system was R.Ctual residence and cultivation. Twenty years Commissioner of the Genet·al _Land Office. later the homestead law was devised to more surely place actual homes in the possession of actual cultivators of the soil. The land was given without price Again, on the 3d day of November, 1884, which was prior to Mr. the sole conditions being residence, improvement, and cultivation. Other law~ Cleveland's election, Inspector A. R. Greene, who is a reputable citizen have followed, each designed to encourage the acquirement and use of land in llmited individual quantities. But in later years these laws, through vicious of Kansas, and a Republican, made_an exhaustive report to "the Depart­ administrative methods and under changed conditions of communication and ment, in which he says: transportation, have been so evaded and violated that their beneficent purpose Generally speaking, I believe that fraudulent entries of the public lands in• is threatened with entire defeat. The methods of such evasions and violations clude a large per cent-. of the whole number, excepting possibly cash entries. are set forth in detail in the reports of the Secretary of the Interior and Com­ As to the proportion of land entered under the timber-culture act that is not mission~r of the General Land Office. The rapid appropriation of our public improved as required by that a-et, I give it as my opinion that in Kansas, Ne­ lands w1thoutbonajidesettlements or cultivation, and not only without intention braska, and Dakota the proportion is 90 percent. to 10 percent. of bonafide and of residenc-e, but for the purpose of their aggregation in large holdings in many possibly succes~ul cultivation. cases in the hands of foreigners, invites the serious and immediate at~ntion of the Congress. Special agent Webster Eaton, writing to the Department from Duluth, Th_e .ener~es of the land department have been devoted during the present admmiStratiOn to remedy defects and correct abuses in the public land service. Minn., October 28, 1884, says: 'The results of these elforts are so largely in the nature of reforms in the pro­ I think I am fully warranted in saying that less than one-thirtieth of the cesses and methods of our land system as to prevent adequate estimate; but it claims taken in the Duluth United States land district are taken for actual set­ appears bv a compilation from the reports of the Commissioner of the General tlement. Land Office that the immediate effect in leading cases which have come to a final termination has been the restoration to the mass of public lands of 2 750 000 Special Agent Thomas W. Jaycox, writing officially from Aberdeen, acres; that 2,370,000 acres are embraced in investigations now pending 'before Dak., October 25, 1884, says: ~he Department or the courts, and that the action of Congress has been asked In my opinion, not more than 30 per cent. of the land in this district entered to effect the restor~tion of 2,790,000 acre!'! additional; besides which 4,000,000 under the provisions of the pre-emption and homestead laws is occupied by :!f!~~:~~een Wit-hheld from reservatiOn, and _the rights of entry thereon actual settlers.. The practice largely prevails of immediately abandoning the land when cash entry is made for the same. Fully 75 per cent. of the entries I recommend the repeal of the pre-emption and Limber-culture acts, and that made under the provisions of the pre-emption laws are made for speculative the homestead laws be so amended as to better secure compliance with their re­ purposes, and not for a home and for cultivation. quirement.s of residence, improvement, and cultivation for the period of five ~ears. from date of entry, without commutation or provision for speculative re­ The register and receiver at Garden City, Kans., in a report dated lmqmshment. I also recommend the repeal of the desert-land laws unless it shall !>e the pleasure of the Congress to so amend these laws as to render them November 20, 1884, have this to say: less liable to abuses. As the chief motive for an evasion of the laws and the We believe that in the territory situated between the Arkansas River and tho principal cause of their resul~; in land accumulation instead of land dist~ibution Southern Kansas line there are many fraudulent or evasive entries of public 18 the facilio/ with which transfers are made of the right intended to be secured lands, and through the medium of such entries title to Government lands passes to settlers, 1t may be deemed advisable to provide by lef:islation some guards into the hands of large cattle and land companies. :~tilc~:~~:f~~:~e alienat-ion of homest~d rights and ands covered thereby And this from the register and receiver at McCook, Nebr., Novcm~ be:J: 26, 1884: . I thought I had the last annual report of the Secretary of the lute­ All or nearly all the lands bordering on streams have been taken under tllo nor, but I do not find it among my papers here. Howe-ver, it is to the homestead, pre-emption, and timber-culture laws. Proofs are made, and we 2026 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 21, hear it reported Umt deeds are executed soon after to other parties, but to whom a.n~ manipula~e their relinquis~ents and contests and keep out· legitimate we have no means of knowing at this office. claunants. It lS shown that by this means they held possession of the land office door on one occasion for thirty days, and intimidated a.ll actual settlers who at­ .And the following, from the report of Special .Agent W. H. Goucher, tempted to make entries, and defeated them in every effort to do so. On one dated San Francisco, November 17, 1884: occasion the head "rustler" rushed into the office with his crowd of followers I would estimate that but 5 per cent.• of the 'entries made under the timber­ nod ~m;sented, among other papers,~ relinquis~e~t executed before a notary cult.ure and desert-land laws are in good faith and with the intent of accom­ pubhc m the firm's office, together w1th a.n apphcat10n of one of the parties to plishing the purposes contemplat-ed in those acts. Ninety per cent. of all the enter the tract. The register attempted to question the applicant, but he was entries under these laws made in this district were filed within the past two warned by the "rustler" to answer no questions, and was unmediatelyhnrried years. ~way.to prev~nt the Government agent, who was also present, from interview­ mg h1m. This firm appear as attorneys of record for two different contestants I call especial attention to the .fact that these reports, coming from against the same entry, the same grounds of contest being alleged in both cases. every section of the West where there are public lands, are the reports ;h~ef::~d similar contests a.re filed to enable the attorneys to retain control of of Republican officials made under a Republican administration. They ~how what Commissioner Sparks meant when he said: I will call attention to but one other case: .At the outset of my administration I was confronted with overwhelming evi­ .A casein another section of Wyoming will be cited to further illustrate t.he liences that the public domain was being made the prey of unscrupulous specu­ abuses and manner of violating the provisions of the desert-land act. lation and the worst forms of lund monopoly. Three brothers and two other parties associated themselves together for the purpose of taking up a cattle ranch upon the public lands. One of the brothers They are a complete answer to his traducers who charge that the was a. resident of Massachusetts, and another membet· of the association was a. resident of Denver, Colo. The tracts selected lie along a. stream, and are good allegations of fraud in the entry of public lands are given out by dis­ agricultural lands, producing crops without irrigation. Each ofthe parties made reputable officials of his own creation, employed to prepare :fictitious a desert entry, with a view to a. single or consolidated ranch, and in such man­ reports in justification of a wanton and wicked war inaugurated and ner as to control the water-rights and thereby render the adjacent lands value• less to any other person. Something over 2,000 acres were thus entered, and the waged by the Commissioner ag:rinst the poor and honest settlers of the control of the water-rights and a large ranch in the vicinity obtained. West, and they ought to close their lips if they have aught of shame. .After holding the lands less than a. year the claims were concertedly sold to third :Mr. Speaker, I could consume an hour in reading reports of like parties for $!8,000; and in the course of three or four months the grantees con· structed a. water ditch down the valley across a. portion of the claims, and then tenor from nearly every inspector, agent, register, receiver, and all had the final proofs made, showing the reclamation of each tract, without ever other officials of the Government connected with thls service through­ conducting or distributing wa.t~r over the lands. The proofs were false in show­ out the country under this and previous administrations. But it would ing the lands to be desert in character, false in alleging that they had been re­ claimed, and false in swearing that the entries were made in good faith for the be a mere repetition of what I have read. I think I have read enough. benefit ofentrymen, they having previously conveyed the lands. The two mem­ It may be objected, however, that all this .is rather an expression of bers of the firm who had charge of the ranch admitted to the agent that they had opinion of these officers than specific evidence of the frauds alleged. sold out prior to entry and had not reclaimed the lands. That may be true, but it is the unanimous opinion of all the sworn Time will not allow me to multiply these instances, which can be officers of the law connected with this service, of both political parties, done almost indefinitely; but this .is sufficient. It ought to satisfyth.is from the President down, based UJ>On personal observation or upon House and the country that our public lands have been plundered, overwhelming evidence in their possession. In the last report of Com­ under the pretense and form of law, to an enormous extent. It was to .rnissioner Sparks there are o-ver twenty pages of printed matter detail­ escape these evils and to terminate these larcenies that your Committee ing specific instances of fraudulent entries, which are illustrative of on Public Lands brought in here a bill repealing the laws under co-ver hundreds and thousands of others whlch have been or are now pending of which these outrages were perpetrated. The remedy we proposed before the Department. Let me read a little of that: was plain, simple, immediate, and complete. Some time ago a. prominent public man in the Northwest employed an agent The House passed the bill under a suspension of the rules by a·vote of to go to the Duluth district and hire men to pre-empt lands for his benefit nearly 5 to 1, and sent it over to the Senate. That body was not satis­ He placed the requisite amount of money in n. bank to the agent's credit to enable him to pay each entryman a specified sum and his own expenses while fied with the bill. It struck out all after the enacting clause and substi­ engaged in the business. The agent, after ~electing the lands, procured men to tuted a bill of its own. The House declined to accept the Senate sub­ make entries, offering each person $125, a. part to be paid when the entry was stitute, and a committee of conference was appointed, and the Speaker made and the balance at a. subsequent date. Thirty-one men were induced to accept this offer, and they were taken to the lands, where they remained three did me the honor to name me 88 one of the conferees on the part of the days and then let\, after having piled up a. few logs on the land and covered them House. We had various ineffectual conferences during the last session, with brush. The parties shortly afterwards made their proofs and entries and and :finally reported that we could not agree. .Au earnest effort was were paid the sum agreed upou, and they then conveyed the lands, in accord­ ance with the contract, to a. company of which the principal in the transaction then made by several gentlemen upon this floor to induce the House to was a. member. The proofs were false in every particular, and the entries were recede from its disagreement, but happily without success. obtained by perjury and fraud. .A new conference committee was appointed, of which I was also a. The evidence recently furnished in these cases is particularly explicit as to all of the details, and was given by men who took a.lea.dingpa.rt in the commission member, and we have had repeated conferences during the present sea. of the crime. The agent testified to the agreement with his principal and to all sion, but have been wholly unable to agree. Onr report :is before you, the steps taken by him to carry it out. He furnished his employer's original and that the House may act with the most perfect intelligence I pro­ letters, directing him to hire the men to pre-empt the lands. and the drafts on the bank by which each entryman was paid the first installment of the sum pose now to unfold the nature and results of our deliberations, so that agreed upon, together with the account kept by him at the time, showing each the points of difference may be clearly disclosed. payment. The entrymen themselves corroborate the agent in every particular, The House bill did two important things. It repealed the pre-emp­ and give all the facts and circumstances of their being hired to make the entries, their utter failure to comply with the law in any respect, and the conveyance of tion, timber-culture, homestead-commutation, and desert-land laws, the land in accordance with the agreement made prior to entry. These wit­ and then provided that hereafter no public lands, with some -very lim­ nesses are unimpeached, and their evidence is in no way contradicted, although ited and special exceptions, should be sold at public sale or be subject the parties in interest have had ample opportunity to do so if they desired. By this single exposure nearly 5,000 acres of pine timber land has been, or soon will to private cash entry, the idea being to preserve them for homesteads be, restored to market. only, or in cases where they are not adapted to such uses to save them .Again: from unlawful appropriation until some new and better method of dis­ In Dakota fraudulent entries are generally made for purposes of individual position can be devised. speculation by residents of towns, and by visitors, traveling persons, temporary The Senate substitute also repeals the pre-emption, timber-culture, sojourners, and others having actual residence in other States and Territories. and homestead-commutation laws. To that extent the bills agree. Inhabitants of towns erect on their respective claims an unsubstantial house, which they designate a dwelling, make a. pretense of breaking a. few acres, visit The Senate substitute does not repeal the desert-land law, but amends the lands occasionally, and make their final proofs without ever having an actual it, and amends it so as -very greatly to improve the present law. Per­ residence on their claims, their places of business and homes being in town. sonally I should greatly prefer to repeal the desert-land act, but the .Again: judgment ofmany Senators and Representatives :is so emphatic against In the Garden City district, Kansas, and elsewhere, a. number of land firms such a course that your committee have felt disposed to yield this point have been reported for disbarment on account of their illegitimate practices and and accept the Senate amendments of the desert law with some modi­ unprofessional conduct. It seems that these men first procure parties, who have fications, about which there would be, probably, no trouble in reach­ no expectation of going upon the public lands or complying with the law, to make homestead and timber-culture entries a.nd pre-emption filings, or make ing an agreement. Now, in this view of the case, if the Senate had the entries and filings themselves of the valuable lands. The entryman then kept to the traclr we would have reached our destination long ago, and relinquishes the entry to the United States and places the relinquishment in the have accomplished in the main what we started out to do. hands of the land agent, who holds it until he can get a. purchaser. U it is not sold before the entry becomes subject to forfeiture, a collusive contest is brought But the Senate did not keep to the track. The substitute embraces against it in the interest of the holder of the relinquishment for the purpose of some additional propositions. In the :first section of the Senate sub­ retaining control over the land. The ultimate purchaser of the relinquishment stitute this clause appears: procures the right of entry by filing the relinquishment and immediately pre­ senting his application to enter the land. These firms all advertise relinquish­ That all entries made under the pre-emption or homestead laws, ou which ments for sale, in many cases specifying the lands and the prices asked for the final proof and payment may have been made and certificates issued, and to relinquishment, the prices varying from fifty to five hundred dollars and up­ which there are no adverse claims originating prior to fiual entry, and which ward. They also employ" rustlers" to induce or force settlers to purchase re­ may have been sold prior to the 9th day of June, 1886, and after final entry, to linquishments from their employers. bona fide purchaselS, for a valuable consideration, shall be confirmed a.nd pat­ The settler, who is generally a. stranger and unacquainted in the county, ented upon presentation of satisfactory proof to the General La.nd Office of such spends a few days in riding over the country and examining the vacant lands. sale. He finds, as the" rustlers" had told him, that all the vacant Government lands are worthless, and that his only opportunity to get a home is to buy a. relinquishment To that the House conferees objected as simply amounting to a con­ or to contest an entry. The latter course he soon learns is expensive and the firmation of all the fraudulent entries heretofore made under the pre­ result doubtful, as the land agents will throw every obstacle in his wa.yto defeat emption and homestead laws. · him. One of these firms hire five or. six ''rustlers" and clerks. They have a. cot or bed in front of the land office door for their men to sleep upon at night, so Mr. OATES. .As I understand it the Senate amendment only re­ that when the hour arrives for opening the office they may be able to enter first quires proof of the naked fact of sale, and does not require proof as to 1887. CONGRESSIONAL RECORD-HOUSE. 2027

the manner of acquiring title, whether in pursuance of the law, in operations are constantly going on and vast tracts being concentrated good faith, or otherwise. in single holdings. They may not be useful for the purposes of agri­ 1\Ir. WEAVER, of Iowa. The law would presume it was a bona fide culture, but they have large timber value, and these gentlemen who transaction in the absence of proof. are purchasing them will dispose of them by and by at a large profit, 1l1r. STONE, of Missonri. The amendment of the Senate says the or else denude them of timber and amass great fortunes out of the be. sale must be to a bona fide purchaser for value, and the only thing that neficence and charity of the Government, and neither the General Gov­ would be necessary to be shown by the claimant in order to receive his ernment nor the States will realize any substantial benefit. Hence it patent would be that such a sale was made. is better in any view of the case to withdraw these lands from sale and Mr. OATES. The naked fact of sa1e ! put an end to the present abuses, and ifit is necessary that they should "Mr. STONE, of Missouri. Yes; the naked fact of sale without going be soldiu order to utilize them we can inthefuturedevisesome method back of that-without inquiring beyond the bona fides of the sale. for their disposition more in harmony with the public interests. However, ]')fr. Speaker, this is not now a matter of much practical Mr. OATES. If they can be· held all will soon be taken up for importance, because in our more recent conferences during the present homesteads. session, as I understand it, the Senate conferees hav,e agreed that that Mr. STONE, of Missouri. The gentleman from Alabama says if they provision might be eliminated. In the colloquy which took place on could be held they would nearly all be taken up for homesteads; and Saturday between my colleagues on the committee, Mr. CoBB and 1l1r. he is far more familiar with the facts than I am, and perhaps as fa­ STRAIT, the latter gentleman stated that the Senate managers had miliar with the facts and the conditions surrounding these lands as any agreed that this provision might go out; and the gentleman from In­ gentleman upon the floor. diana said that it was to go out on condition that the eighth section This section, however, was not very fully discussed. We might have was agreed to. I am inclined to the opinion that the gentleman from reached some agreement with regard to it, had it not been for the irre· Indiana was substantially correct. But it is immaterial-- concilible differences between us upon the provisions ofthe eighthsec­ Mr. COBB. That is just what I said, that it was immaterial. tion. That is the stumbling block which the Senate has put in the Mr. STONE, of Missouri. It is immaterial, because the eighth sec­ pathway of this important legislation. If this legislation fails it will tion reiterates substantially the same provision. be because of that section, whose monstrous provisions I, for one, will We got rid of the provision which I have read by the Senate conferees never consent to. agreeing that it might be stricken out. Let us examine this section a little in detail; let us analyze it and But the seventh s~tion of the Senate substitute also contains a prop­ see whether the House ought to accept it. Perhaps, however, it is osition to which the House conferees objected. I will read it: proper I should state that an agreement was substantially arrived at SEc. 7. Tha any person entitled to enter a homestead under section 2289 of as to the :first clause of the section. That clause, as it caJD.e from the chapter 5 of the Revised Statutes shall, by complying with all the provisions of Senate, is as follows: said chapter relating to the entry of homesteads, be entitled to make one entry as a homestead of one-half section or less of unappropriated mountainous land, SEd. 8. That in all cases under the pre-emption and homestead laws, and under as defined by this section, and in a compact form. Any 4()..acre tract of the sur­ this act, all contests or protests on the part of the Government, or any individ­ veyed public lands, exclusive of mineral lands, three-fourths of which is so ual, concerning the land entered, shall be instituted within nine months after mountainous and rough that it cnn not be plowed and cultivated, shall be final entry and issue of the duplicate receiver's receipt, and not afterwards. leemed mountainous land within the meaning of this section, which fact shall be ascertained by proof of two or more credible witnesses under oath, whose The Senate conferees agreed to strike out the words "or protests," in affidavits shall be tiled in the proper land office. The determination of what is the second line, and the words ''the Government or,'' in the third line; mountainous land shall be subject to the decision and regulations of the Secre­ so as to limit the application to individual contests alone, and the House tary of the Interior, who may provide for cross-examination of witnesses and for the production of proof on behalf of the United States before the register and the conferees consented to reduce the time within which such contests might receiver as to the character of the lands at the date of the application orof final be instituted from nine months, as it appears in the text, to six months, entry: Prwideil, That all the provisions of the homestead law relating to fina.l so that the clause as thus modified would read: proof, fees, contests, citizenship, relinquishments, residence, death, and transfers of the homestead claim shall apply to entries under this section: And provided That in all cases under the pre-emption and homestead laws, and under this further, That this section shall only apply to and take effect in the States of Cal­ a.ct,allcontests * * * onthepart of * * * anyindividna.lconcerningthe ifornia, Oregon, Colorado, and Nevada, and the Territories of Washington, Idaho, land entered shall be instituted within six months after final entry and issue of Montana, Utah, Wyoming, Arizona, and New Mexico. the duplicate receiver's receipt, and not afterwards. This is a new departure. It proposes to establish an entirely new Mr. STRAIT. Did not the Senate conferees agree to strike out all classification of the public lands. It is illy conceived and unsound in in section 8 down to the word "provided " in the sixth line? theory, and would be open to great abuses in praetice. But disposed to Mr. STONE, of Missouri. They agreed to amend it, as I have stated. compromise where we could, with the hope of reaching some agreement, Mr. STRAIT. To strike it out down to line 6? the House conferees proposed to accept this section. Mr. STONE, of Missouri. I did not so understand it. That left but two substantial points of disagreement or dispute be­ Mr. STRAIT. I did. tween us, and they are predicated on the eighth and tenth sections of lli. STONE, of Missouri. What the Senate conferees agreed to, the Senate substitute. what the understanding reached was, if any was reached, in confer­ The tenth section, as far as I need to read it, is as follows: ence in regard to that, I think I have correctly stated. The Senate That hereafter no public lands of the United States not heretofore offered at conferees agreed to strike out the words "or protest," in the second public sale, except abandoned military or otbe~ reservations, isolated and dis­ line, and the woi:as '' the Government or,'' in the third line, and the connected fractiona.l tracts authorized to be sold by section 2455of the Revised House conferees agreed to reduce the time within which the contest Statutes, and mineral and other lands, the sa.le of which at public auction has been authorized by acts of Congress of a special nature having loca.l applica­ might be entered from nine months to six months. tion, sha.ll be sold at public sale or be subject to private entry. Mr. STRAIT. That was in the first conference. In the second they • The proposition embodied in the tenth section differs from the House proposed to strike out all down to the word '' provided.'' proposition in this: Under the law as it now standswheneveranylands Mr. STONE, of Missouri. Whether we agreed to strike it out or have been offered at public sale and not sold, they are thereafter sub­ amend it is not material. It is snffi.cient if we agreed. After we had ject to private cash entry. Ther.e are vast bodies of lands now in that conferred there was no disagreement between us with regard to the pro­ condition, principally in the Southern States. If the Honse proposi­ vision I have read. tion should be accepted those lands would be withdrawn from private I read further: Prwided, That whenever it shall appear upon the face of the papers returned entry, and be held for homestead entries only. If the Senate proposi­ to the Commissioner's office that a clerical error has been committed such entry tion prevails their present status will not be affected. may be suspended, upon proper notification to the claimant, through t.he local It is claimed by those who favor the Senate bill that these Southern land office, until such error has been corrected. lands can not be used for agriculture, not being adapted to homestead We agreed to that provision, which merely contemplates the correc­ purposes, and are valuable only for the timber growing upon them. It tion of clerica,l errors. So far no public or private interest is jeopard­ is argued that if we exclude the right of cam entry they Will go to ized by these provisions, with the amendments I have suggested in the waste, the timber be stolen, and all that. This I can neither affirm second and third lines as having been agreed to in the conference. nor deny. But the remainder of the section, from the beginning of the second Mr. OATES. Will the gentleman allow me to interrupt him here? proviso to the end, is the part about which we have been wholly un­ Mr. STONE, of Missouri. Certainly. able to reaeh any satisfactory conclusion. With all due respect to the Mr. OATES. What I wish to say is in the line of his argument. I Senate which proposes it, and to the estimable and distinguished gen­ hold in my hand a letter from a receiver of public moneys in my own tlemen in both Houses who advocate it, it seems to methissectionan­ .State in which he informs me that there are several syndicates formed nonnces propositions and contemplates results which are wholly inde­ that are taking up now daily all of the lands in that State by cash entry fensible, and in open conflict with every correct principle of sound so that there will be, if they are permitted to go on, in a short time no administration, and puts in imminent peril the most important public public lands for homesteads. interests. 1\fr. COBB. That is the way things are all over the country. Unless we believe that all the Presidents, Secretaries, Commissioners, 1\fr. STRAIT. That, I suppose, relates to the offered lands only. registers, receivers, and all other officials associated with the admin­ Mr. OATES. All have b6(:;n offered in the Southern States. istration of our public-land laws for the last six years, are endeavor· I . 1\fr. STO~E, of 1\fissouri. I know it to be a fact that large compa.­ ing deliberately to impose upon the Congress, or else are themselves mes or syndiCates, both from the North and South within the last year the silly dupes of a most strange and inexplicable deception, we are have acquired hundreds of thousands of acres of these lands, and such forced to believe that individuals and corporations are to-day demand- ~ 2028 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 21, ing patents for hundreds of thousands of acres of land, and using every or pre-emption laws, or under this act, and when there shall be no pending con­ artifice to secure them, whose claims are permeated with the grossest test or protest against the validity of such entry, the entryman shall be entitled to a patent conveying the land by him entered, and the same sbnll be issued to fraud and the rankest peljury. And now, with this knowledge and him. this convktion full and fresh upon us, how can we entertain a proposi­ tion which seeks to recognize and confirm, by legislative action, these There can not be any dispute about that provision. It makes a re- · fraudulent titles, and enable these rascals to triumph instead of send­ ceiver's receipt which is two years old conclusive; and in the absence ing them to the penitentiary for their crimes? of a contest or protest instituted before the expiration of two years from Sir, I will never consent to conl'ert this Capitol into an arena where the date of the receipt, the Commissioner will have no discretion about fraud may come with brazen and unblushing cheek and overthrow issuing a patent when the claimant comes to demand it, either in the public right or private virtue and receive reward from the hand of power person of the entryman himself or his assignee. The section has a re­ or applause from the public agents of the people. I state this strongly, trospective as well as a prospective operation. but not too strongly; and I do so with the knowledge that some gen­ That is to say, it refers to cases where the receiver's receipts have been already issued as well as to cases where they may be hereafter issued· tlemen a~ both ends of the Capitol, for whom I entertain the highest and all outstanding receipts two years old would be conclusive and en~ respect and who are in every way above reproach, have indicated a title the holders to patents. The proposed enadment would put such purpose to support this Senate bill rather than have this legislation cases beyond the reach of investigation, unless it should happen that a 1ail; but I can not believe they have fully matured the force and effect contest or protest was now pending. c-f the section I am now discussing. But, looking alone to the future, let us see what the practical opera- . Can I be mistaken in my judgment as to the effect of this section? tion of this provision would be should it become a law. A man may 'Vill any gentleman seriously contend that I am? Let u.s see; let us employ twenty or thirty men to go Somewhere on the vast public do­ examine it. I will read the objectionable part of the section: main in the Western States or Territories, at a point remote from the Provicled further, That after final proof of the claimant and the issuing of the land office, and enter ten or fifteen thousand acres of land. I.n due duplicate receiver's receipt, if it shall be proved to the satisfaction of the Com­ time the witnesses go fifty or a hu.ndr€d miles or more across the coun­ missioner that fraud has entered into the title so acquired bv the claimant, un­ less it shall appear that the land has been sold or conveyed to a bona fide pur­ try to the land office, and some smart lawyer is employed to prepare chaser for a. valuable consideration, the Commissioner shall suspend the issuing their papers and proofs. Everything is made to appear in ship-shape. of the patent for the same, and file with the Unit~d States Attorney-General The -receiver, without any means or opportunity of inquiry, hurried notice of such suspension of the patent, with his reasons therefor; and it shall be the duty of the Attorney-General to commence proceedings at once in the along by the press of business, completes the transaction, so far as he proper court to set aside such title, if in his judgment such proceedings can be has authority to act, and issues his receipt. The ~ntrymen thereupon maintained. This section shall apply to all cases of suspended entries hereto­ convey the lands their employer, wpo ''lays low" fortwo years and fore made under the United States pre-emption and homestead acts: Pr011ided, to That after the lapse of two years from the date of the issuance of the receiver's then turns up to. demand his patents. The Commissioner, when he receipt upon the final entry of any tract of land under the homestead or pre­ comes to examine the papers, may discover a great deal to excite his emption laws or under this act, and when there shall be no pending contest or suspicions. The location of all the tracts in the same vicinity, the sim­ protest against the validity of such entry, the entryman shall be entitled to a patent conveying the land by him ent~red,and the same shall be issued to him; ilarity of the proofs, the simultaneous conveyance to the same pur­ but this proviso shall not be construed to require the delay of two years from chaser of all the entries, the uniformity of method in the whole pro· the date of said entry before the issuing of a patent therefor. ceeding may convince him to a moral certainty that fraud bas entered ·Let me read the first clause again: into the transaction. But he would be powerless. He could not, as he now may, hold the entries for investigation. He Provided further, That after final proof of the claimant and the issuing of the duplicate receiver's receipt, if it shall be proved to the satisfaction of the Com­ would have no authority to dispatch an agent to see whether any missioner that fraud has entered into the title so acquired by the claimant, un­ improvements had been made on the lands, to examine the entrymen, less it shall appear that the land has been sold or conveyed to a. bonafide pur­ or to take any steps to ascertain whether the law had been complied chaser for a valuable consideration, the Commissioner shall suspend, &c. with. He could do nothing but shut his eyes, grit his teeth, and cer­ Now, what does that clause mean-unless it shall appear that the tify the lands for patent. The claimant would be master of the situa- · land has been sold or conveyed to a bona fide purchaser for a valuable tion. consideration. M.r. Speaker, this is an immense business over which the Commis­ In the construction of statutes the intention of the legislature is the sioner of the Land Office presides. Our public lands cover a vast ter­ controlling principle. The gP.neral purpose contained in this proposi­ ritory, and in the present overcrowded condition of business in the tion is to transfer entries contested after final proof, on account of fraud, Land Office, with the small force at his command, it is simply impos­ from the Land Department to t.he Attorney-General and the courts. sible for the Commissioner, within the .Period of two years, to so inves­ That general rule is to apply to all entries where the Commissioner is tigate the thousands upon thousands of entries now pending in his satisfied of the existence of fraud, except in cases where the land has Department as to act upon them with ·any sort of safety or satisfac­ been sold or conveyed to a bona fide purchaser for value. What purpose tion. can there be in making that exception, unless it be to confirm the title I know of no way by which the Commissioner can satisfactorily in­ in such cases to the purchaser? vestigate suspicious.entries except by employing the services of a spe­ It could not be the intention to leave such cases still subject to the cial agent. Now there are only some fifteen or twenty of these special jurisdiction and present practice of the Land Department. The avowed agents, and in view of the attacks made upon them here an appropria­ purpose of transferring these contests to the Law Department is to ob­ tion for their support may be withheld at any time by one branch of tain a judicial settlement of the disputes, and the burden of proof and Congress, and thus close the door to every avenue of investigation. of the whole controversy is thrown' upon the Government. It is in­ But under the most 1avorable circumstances the work that could be tended to confer some benefit and advantage upon the claimant; and done would be imperfect and incomplete, and every day would carry • it can not be the intention to confer any benefit or advantage upon the a greater or less number of entries beyond the range of investigation entryman which is denied to his purchaser. It can not be the inten­ and under the protection of this last proviso of the eighth section. tion to send the entryman to court and keep his purchaser in the De­ No, sir. Enact this proposition into law, and the result will be to partment. confirm practically all the e:J;~.tries h~retofore made, except the com­ The logical construction of this proposition leads inevitably to the paratively few in which formal protests or contests have been already conclusion that the intention is to confirm the title where the entered filed; and those few would be sent to the Attorney-General for his ex­ lands have been sold to an innocent purchaser for value. Now, I think amination, and be either returned to the Commissioner for patent or it entirely safe and reasonable to say that in nearly every case of fraud­ transmitted to a district attorney for suit. ulent entry the claimant who will appear to demand a patent will be And now that brings me to the ''court clause" of the eighth sec­ ''a bona fida purchaser for a valuable consideration;" and his papers tion, to which I ask your attention for a few moments, and then·I shall and proofs will be as nearly perfect as human ingenuity can make them. conclude. . The section provides that, whenever the Commissioner is If '' it shall appear that the land has been sold or conveyed to a bona satisfied that fraud has entered into the title acquired by any claim­ fide purchaser," is the language. Of course it will always so appear ; ant, unless the claimant be one of those heavenly creatures known as an there will be no lack of tip-top prima facie cases. But suppose the "innocent purchaser "- Com~ioner has _facts ~ his possession which may make any given The Commissioner shall suspend the issuing of the patent and file with the United States Attorney-General notice of such suspension of the patent, with his case appear otheiWISe to him. What is he to do? Issue the patent or reasons therefor; and it shall be the duty of the Attorney-General to commence send it over to the Attorney-General? If he is not bound by the primg, proceedings at once in the proper court to set aside such title, if in his judgment facie case presented, but can sit as a sort of intermediate judge upon such proceedings can be mainto.ined. the bona fides of all these transactions, we can see at a glance the inex­ According to the language of this provision, whenever the Com­ tricable confusion into which all this great business would be thrown missioner suspends an entry and certifies it to the Attorney-General and the immense disadvantage to which the Government would be sub­ that officer will have but one thing to do, namely, to determine whether jPcted. No, sir; theresultofthis clause will be to confirm and perfect the facts laid before him make out a good case of fraud. If be decides the title in all cases where the original entryman has conveyed the land that question affirmatively he is required "to commence proceedings and the purchaser appears as the claimant. at once in the proper court to set aside the title " of the claimant, with Again, take the last proviso: a view to restoring the lands to the public. 'l'hat provision is imper­ That after the lapse of two years from the date of the issuance of the re­ ative, and imposes a duty on the Attorney-General which he is required ceiver's receipt upon t·he final entry of.any tract of land under the homestead to perform at once. · 1887. CONGRESSIONAL RECORD-HOUSE. 2029

Now, the troth is, Mr. Speaker, that under the present departmental rights hereby secured prior to the issuing of the patent shall be null practice, which has been in force for years, less than 10 percent. of the and void.'' claimants whose claims have been held for cancellation ever appear to Mr, COBB. And that is the law to-day. make any contest or show any cause why the suspension should be va­ Mr. STONE, of Missouri. When that provision was incorporated in cated and a patent issued, even after they have been given personal no­ the act of 1841, which was the culminating act perfecting and gather· · tice and ample opportunity to appear either at the local office or before ing together the attempts at pre-emption laws theretofore made, the the Commissioner, as they prefer, and establish their right. supremeconrtsofmanyoftheStatesinwhichpubliclandswerelocated­ The fact is that the Department acts with great deliberation and notably in Louisiana, Mississippi, Alabama, Indiana, and Missouri~ care, so as to pl'otect the public interes_t and inflict as little injury upon repeatedly held that an assignment of a pre-emption claim prior to innocent and honest claimants as possible. And the result is that very patent passed no title or right to the purchaser, but was null and void. few mistakes are made. When mistakes do occur the honest claimant But sn bsequently the Supreme Court of the United States, in the case is not slow to bring it to the attention of the Department, and every of Myers vs. Croft, reported in 13 Wallace, construed the clause I have opportunity is given him to do so; and, on the other hand, the Depart­ just quoted from the act of 1841 to mean that the assignmentofther!ght ment always hastens to make all necessary and proper corrections. to make an entry was the thing prohibited, and not the right to assign Suspensions of this character are rarely made except in cases wher.e after entry and final proof. In other words, never having exercised the charge of fraud is well founded in fact. Hence it is the fraudu­ my right of pre-emption, I could, if I chose, go out upon the public lent claimant does not care to make a contest, and invite not only a domain and make a pre-emption entry. My right to do that I can not prosecution for his fraud in the first instance, but incur the danger of assign. That right is purely personal, and must be exercised by me in an additional prosecution for peijury. He simply abandons the claim person if exercised at all. But if I should go and make such and entry and lets the cancellation go by default. But if the proposition, as it and prove it up, I could then transfer my right and interest in the land; now appeal'S in the eighth section, should be enacted into law, these that is, my right to the possession and use of the land and my right tore­ rascals who are detected in their frauds would not be permitted to ceive a patent. My assignee, however, would simply stand in my shoes. sneak away and abandon their claims. An assignment confers no right, advantage, or benefit upon the assignee The Attorney-General would examine the facts submitted to him by which the entryman does not himself enjoy. the Commissioner, and, if he should deem those facts sufficient to es­ 1\Ir. OATES. Before his patent is issued. tablish fraud, he would transmit the papem to the proper district-at­ Mr. STONE, of Missouri. He simply takes the place of the entry­ torney, and that officer would institute a proceeding of some kind, in man; and if the right exists in the Land Department to inquire into the -chancery I presume, against the claimant, to set aside his "title." good faith of the t:J,"ansaction in the hands of the original entryman, and There may be no improvements whatever on the lands, no pretence of to vacate it if fraudulent, that right is not disturbed by an assignment. complying with the law, and the fraudulent claimant, alarmed at dis­ Mr. WEAVER, of Iowa. And ought not to be by this legislation. covery, may have thrown up the sponge and abandoned the field. Still llfr. STONE, of Missouri. And ought not to be. these snits must go on, the business of the courts be encumbered and In the case to which I have referred the court said: delayed by'them, and the Government mulcted in the costs. The object of Congress wa.s attained when the pre-emptor went with clean This proposition would not let the poor villains quit if they wanted hands to the land office and proved up his right and paid the Government for to. In one sense we ought not to let them quit. But we should send his land. an officer after them with a capias in his hands, and not writs sum­ And that the pre-emptor was- moning them to civil contests before a chancellor. Free to sell his land after the entry, if at that time he was in good faith the It is fair and proper, however, that I should state that when atten­ owner of the land, and had done nothing inconsistent with the provisions of the tion was called to this defect it was suggested by some of the Senate law on the subject. conferees that the provision might be modified so as not to require cer­ The authorities of the Interior Department have always held that tifications to the Attorney-General except in cases where the claimant the Commissioner has a right to review an entry at any time before the should, within a limited time, request the Commissioner in writing to patent is issued, without regard to the question of assignment. l1i take that action. That might be an improvement on the text, though Chrisinger's ca...~ (4 L. D., 247) it was held that- I doubt it. I am not sure but that it would be even worse than it now The purchaser takes no.better claim for title than the entryman has to con­ is. At all events we could not accept the proposition, and ought not fer, and whatever right is thus acquired is subject to the subsequent action of to have done so. Why? Under the law as it now stands these claim­ the Land Department. ants have no legal title to the lands they claim under the pre-emption And this right of the Land Department to review entries, to inquire and homestead laws as against the United States. if the law has been substantially complied with, to examine into the Mr. OATES. Is there any such thing known to the law as an inno­ good faith of the transaction, and to vacate the entry in cases of actual cent-purchaser for value, in the absence of a patent, the Government fraud and gross irregularity, has been repeatedly upheld by the Su­ never having parted with title? Would not the legislation which the preme Court of the United States. · gentleman is discussing, if passed, make a new creature in the law-an Now, then, if I understand this eighth section as it now stands, it innocent purchaser standing in a category which has never been known proposes to vest the legal title in the entryman before he receives his in. the law heretofore? pa~ent. In other words, it proposes to make the certificate of final Mr. STONE, of Missouri. Not only so, but it would create a new entry the evidence of final title. A patent would not be necessary to title that does not now exist under the law. By the law as it now pass the title from the United States, but would be simply an addi­ stands a man without a patent has not the legal title to the lands. He tional and more convenient evidence of a title already complete. The may have, and doubtless has, something more than a bare equity; but provision reads: the legal title is not vested until the patent issues. That atl.er final proof of the claimant and the issuing of the duplicate receiv­ er's receipt, if it shall be proved to the satisfaction of the commissioner that I know th-ere are gentlemen with some pretensions to learning who fraud has entered into the title so acquired by the claimant, unless it shall ap­ assert the law to be otherwise. But I venture modestly to insist that pear that the land has been sold or conveyed t-o a bona fide purchaser for a valu­ the authorities and the reason of the thing are the other way. The able consideration, the Commissioner shall suspend the issuing of the patent for the same, and file with the United States Attorney-General notice of such conditions are somewhat anomalous, but pretty well defined. I know suspension of the patent, with his reasons therefor; and it shall be the duty of that in the courts of many States, in all individual contests, the cer­ the Att-orney-General to commence proceedings at once in the proper court to tificate of final entry is evidence of title in the hands of the holder, set aside such title, if in his judgment such proceedings can be maintained. and that such lands are subject to local taxation. All that is entirely The jurisdiction of the Land Department to hear and determine proper and in no necessary sense inconsistent with the view I am main­ questions of fact affecting the bona fides of an entry and to set it aside taining. When any citizen who is entitled and eligible to make an for any cause whatever, would be withdrawn. We would create and entry does so, and complies in all respects with the law, he is entitled esta.blish a title, and then put the machinery of the courts in motion to the possession and use of the lands entered against all comers, inclu­ to set it aside. ding the United States. If the provision should be modified as the gentleman from Minnesota Still, the strict legal title remains in the United States until the pat­ [Mr. STRAIT] says was suggested by one of the Senate conferees, it ent is issued and the right of the United States to inquire into the bona wonlcl read: fldes.ofthe entry, and to vacate it if found fraudulent, is not destroyed That after final proof of the claimant and the issuing of the duplicate receivers' or disturbed by the fact that a local land officer may have issued a cer­ receipt, 1f it shall be proved to the satisfaction of the Commissioner that fraud ~ificate of final entry. If in·point of fact the entryiDrul has observed has entered into the title so acquired by the claimant, the Commissioner shall hold the entry for cancellation, which action shall become final unless within and complied with the law he is entitled to a patent on demand con­ sixty days from notice thereof the claimant or other party in interest shall ask in veying .to him the legal title, and if it be wrongfully denied him he writingforajudicia.linvestigation of the case, and thereupon the Commissioner can go ~to court and by a proper proceeding enforce his rights agrunst shall suspend action in the case of issuing the patent for the same, and file with the United States Attorney-General notice of such suspension, with his reasoM the delinquent officers of the Government. therefor; and it shall be the duty of the Attorney-General t-o commence pr~ . If.an entryman sells or~gns his.claimorrightthe purchaserstands ceedings at once in the proper court to set nside such title if in his judgmen' m h1s shoes. The status ISm no WISe changed. The purchaser is in such proceedings can be maintained.• no b~tter or worse condition than the entryman himself. The pre­ That at least would have the virtue of suggesting t.o the Commis­ emption act of September 4, 1841, now a part of the Revised Statutes sioner that it is his duty to issue a patent t.o every claimant justly enti­ contained this provision: That "all a.Ssignments and transfers of th~ tled to receive one, and, of course, to that extent would be unobjec- 2030 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 21, tiona.ble. But that is the law now. A claimant who has' made his Self-preservation and self-interest, if nothing else, would array them entry and proved up his claim in compliance with the law, and is an against it. ' honest, bonafide claimant, is entitled to a patent under existing law, and · As I have already said, the law as it now exists is amply sufficient. if it is denied him he is wronged, and he can enforce his rights in the If any claimant's patent is wrongfully withheld he can go into court courts. The Commissioner does not now-never bas and never will­ and by mandamus, or some similar proceeding, enforce his rights. I withhold a patent unless it is "proved to his satisfaction" that the would be perfectly willing to give him every facility and opportunity entry is fraudulent or illegal. to get into court and prosecute his own proceeding against the Secretary The passage of the modified proposition which I have just read would of the Interior or the Commissioner of the Land Office, and I so stated in no wise change his relations to or authority over honest and lawful in the co.nference. If the existing law needs any amendment in that entries. Ifhe should now deliberately withhold patents without cause direction, I am willing to see every proper amendment made. But I he would be subject to impeachment. I can not see that this last sug­ am unwilling to face about and go the other way, in the direction in­ gestion would in any respect change the law with regard to that class dicated by the eighth section of the Senate bill. of entries. The Commissioner of the General Land Office and his administration But with respect to fraudulent and illegal entries this last prOJlOSi­ have been outrageously maligned and misrepresented, and a great effort tion of the Senate conferees, conveyed through the gentleman from made to array public sentiment against him and break him down. Minnesota, provides that- Only a few days ago it was gravely stated in the Senate, and the state­ The Commissioner shall hold such entries for cancellation, which action ment telegraphed over tb~ couiitry, that the Commissioner had abso­ sha.ll become final, unless within sixty days from notice thereof the claimant or lutely suspended the issuing of all patents and that the whole Western other party in inte1·est sh:tll n.sk in writing for a judicial investigation of the country was going headlong to the "demnition bow-wows" in conse­ case. quence. In which event the Commissioner shall certify the papers over to the The statement is utterly without foundation in fact. The truth is, Attorney-General, who shall institute a proceeding to set aside the the Commissioner is constantly certifYing entries for patents at the rate title, if, in his judgment, such a proceeding can be maintained. To of about three thousand per month, which is in advance of the avemge set aside his title ! What title? What character or degree of title work of previous administrations. I can not understand how any gen­ does this propose to recognize in the claimant? Does the claimant tleman who favors correct methods of administration can object to the have a legal title before he gets his patent? Is the certificate of final present practice of the department. proof and payment prima facie evidence of legal title? Have the · I confidently assert the fact to be that no eligible entryman, who United States nothing left to convey by patent? In the absence of goes upon 160 acres of land and homesteadS or pre-empts the tract in fraud is the title complete without a patent, and does the patent serve conformity to law, lives upon, improves, and cultivates it, with a view no other purpose than merely to furnish evidence of a title already to making"it his home or reducing it to the actual uses of agriculture, vested? is ever wronged or interfered with, but on the contrary is treated with If that be true, then we already have laws for bringing suits to vacate the greatest fairness and liberality. And the same is true of a bona fide patents and titles fraudulently acquired from the United States. But assignee of such an entryman. those laws are predicated on the notion that the whole title has departed I have looked pretty thoroughly into this matter, and did so with from the Government. Are you ready now to make that sort of con­ the greatest candor and impartiality, and I seriously doubt whether a cession? Are you ready now to overturn the well-settled law of the single well-authenticated case can be found among all the thousands past, and create and recognize a full, complete legal title in every entry­ in the Department, in which such an entryman has any just ground for man who has made his final proof? That is the import of the proposi­ reasonable complaint. I do not mean to say that such people are not tion. sometimes temporarily inconvenienced by delay; but the delay is It proposes to recognize title-a good, prima facie legal title-in the either unavoidable or some good reason exists for it. entryman who has made final proof, and directs the Attorney-General When the Commissioner becomes satisfied that any entry is fraudu­ to proceed in court to set it aside when the Commissioner thinks there lent or illegal he holds it for cancellation and gives the claimant, who­ is fraud behind it and the entrytlk'ln graciously requests the United ever he may be, original entryman or assignee, sixty days after notice States to proceed against him. Or is it proposed to regard and treat within which to appear before the local register and receiver or before his title as a conditional title, or title on condition? What condition? the Department here in Washington, and show cause why the entry That he has complied with all the antecedent requirements of the law? should be sustained, with the right of appeal all the way up to the But those are conditions-precedent. They must be complied with be­ Secretary. Let me read a brief extract from the rules of the Depart­ fore title passes at all. ment, showing how ample is the provision for the service of notice It is too abstruse for me. I can not e:xa.ctly understand it. You upon the claimants: create and vest a title; you recognize the certificate of final proof as Notice of bearings will be given by the register and receiver by registered prima facie evidence of full compliance with all the precedent condi­ letter addressed to the last known place of residence oi the party to be notified; and, where his residence is unknown, to the post-office within the delivery of tions of the law, and then these gentlemen, who are so valiant and which the land is situated. The register and receiver will post a copy ol the vehement in their assaults upon the Commissioner, propose to clothe notice in their office for not less than thirty days prior to date ot hearing. Per­ him with the arbitrary power of canceling the entry and overthrowing sonal service of notice (which may be given by the special agent) will also be made within the time fixed for bearing if the residence of claimant is known the title on e:x: parte evidence, or no evidence at all, and without due or can be ascertained. If the party can not be found the notice will be adver­ process of law or the chance of defense, and to make his action final unless tised once a week for four weekS in a paper of general circulation in the vicinity the claimant shall within sixty days request the United States to appeal of the land. Proof of mailing, posting, and service of notice (or publication) must be filed from the favorable decision of the Commissioner to the courts. That with the papers in the case. When personal service is not made, a statement is rather a novel proceeding which requires an appeal to be taken by by the register and receiver, or a certificate from the special agent, or the nffi· the successful party. I may be altogether in error, Mr. Speaker, but davit oi an ofticer or other person, must be filed, showing due diligence hn.s been it seems to me that theverymomentwe go off into that line oflegisla­ used and that the party could not be found. tion we will be led into all sorts of absurdities. Besides this the cla.imant is put in full possession of all the facts upon Again, after the issuance of the receiver's receipt the entryman either which-his entry is held for cancellation, so that he can act with thor­ bas the title or he has not. If the title is still in the United States I ough information. do not see how or why they should move to set it aside. If you pro­ And the notice is certainly broad enough. There is not a statute in pose to change the law and confess and recognize title in the entryman, any State more ample in its provisions for the service of notice in civil how can the Commissioner-whether you regard him in the light of a suits. And when a claimant appears in response to this notice the ministerial or quasi-judicial officer-arbitrarily divest a man of his title rules prescribe the most liberal opportunities for a full and complete without process or hearing? hearing, and if he is not satisfied with the ruling of any subordio.te the Would the courts sustain: any such proceeding ? Could not a claimant claimant can appeal in successive stages to the Secretary; and if he is whose entry should be held for cancellation because of fraud or illegality still dissatisfied with the final ruling of the Secretary be can go into jgnore the action of the Commissioner, prefer no requests for an invita­ court and proceed against the Secretary or Commissioner by man.dam us or tion to court, remain in possession, use, and enjoyment of the disputed otherwise. lands, and defy the United States? And what could the United States What more could any honest man demand or desire? Is not this do in response to such a defiance in the way of ejecting him from the ample protection for every private right? I grant you that private land and opening it again to honest settlement? I do not know; I can right should be protected at any cost, but I think the facilities here not answer. afforded for that purpose are sufficient to meet every honest demand. These are some of the reasons, Mr. Speaker, why I cannot agree to And that being true, I can discover no reason for going farther in that the eighth section. It is a novel and d~ngerous departure. It revo­ direction. The public interests are entitled to some consideration lutionizes our entire public land system. It overturns the established also. Private right is already abundantly protected by the existing law and the long-established and well-understood practice of the De­ conditions, and we shall discharge our duty, both to the individual and partment. It will embarrass the administration of the law and imperil the public, by simply repealing the several st.atutes whose generous the public interests. It should not be agreed to. I do not believe the and well-intended provisions have been so grossly abused; and I fear honest, actual, bonafide settlers-the men for whose benefit these home­ we shall not perform our duty fully if we do either more or l ~ . atead and pre-emption laws were enacted-desire any such departure. Mr. STRAIT. Mr. Speaker, as there seems to be a misunderstand- 1887. CONGRESSIONAL REOORD-HOUSEo 2031

ing on the part of the House conferees as to what w~s proposed by the ALPHEUS R. FRENCH. Senate conferees, I desjre, for the information of the House, to have The SPEAKER also appointed as conferees on the part of the House read section 8 as was proposed to be amended by the Senate conferees. on the disagreeing votes of the two Houses on the bill (S.1582) for the My understanding is that the only difference in fact between the con­ relief of .Alpheus R. French, Mr. ELDREDGE, Mr. THOMPSON, and Mr. ferees is whether an entryman shall be allowed to go to the courts after STRUBLE. the cancellation of his final certificate by the Commissioner of the Gen­ eral Land Office. I ask the Clerk to read. REPEAL OF PRE-EMPTION AND TIMBER-CULTURE LAWS, ETC. The Clerk read as follows, from House bill 7887 as passed by the Mr. STRAIT. I now yield for thirty minutes to the gentleman from Senate: Kansas [Mr. PETERS]. SEC. 8. That in a.U cases under the pre-emption and homestead laws, and un­ Mr. PETERS. Mr. Speaker, the repeal of the pre-emption and tim· der this act, all contests or ·protests on the part of the Government, or any in­ ber-culturelaws seemstohave been decided on byamajorityofthemem· dividual, concerning the land entered, shall be instituted within nine months bers of the Senate and House. So far as the pre-emption law is con­ after final entry and issue of the duplicate receiver's receipt, and not afterwards: Prcn;ided, That whenever it shall appear upon the face of the papers returned cerned, I have not in the past and do not now agree with that decision. to the commissioner's office that a clerical error has been committed, su~ entry The pre-emption law has been beneficent in its results, and it has sup­ may be suspended, upon proper notification to the claimant. through !he local plied a deficiency wherein thehomesteadlawwasinapplicable. Much of land office, until such error has been corrected: Provided jU?·th.er, That after final proof of the claimant and the issuing of the duplicate receiver's receipt, if the public domain remaining and subject to be taken under the pre­ it sha ll be proved to the satisfaction of the Commissioner that fraud has entered emption and homestead laws could not and would not be taken if the into the title so acquired by the claimant, unless it shall appear that the land pre-emption law should be repealed. has been sold or conveyed to a. bona fide purchaser for a valuable consideration, the Commissioner shall suspend the issuing of the patent for the same, and tile But I will not discuss the merits of the pre-emption law, only so far with the United States Attorney-General notice of such suspension of the patent, as it is necessary to do so incidentally in discussing the difference be· with his reasons therefor; and it shall be the duty of the Attorney-General to tween the conferees on the part of the House and Senate. - commence proceedings ali once in the proper court to set aside such title, if in his judgment such proceedings can be maintained. This section shall apply to The first llll1terial difference between the House conferees and the all cases of suspended entries heretofore made under the United States pre-emp­ conferees on the part of the Senate arises on the question of the pro· tion and homestead acts: PrCYIJided, That after the lapse of two years from the tection of innocent purchasers. The position of the Senate is that per­ date of the issuance of the receiver's receipt upon the final entry of any tract of land under the homestead or pre-emption laws or under this act, and when there sons who have purchased from pre-emptors in good faith and for a val· shl\ll be no pending contest or protest against the validity of such entry, the en­ uable consideration should be protected in the rights they have acquired tryman shall be entitled to a patent conveying the land by him entered, and the by such purchases. The position of the House conferees is virtually to same shall be issued to him; but this proviso shall not be construed to require the d elay of Lwo years from the date of said entry before the issuing of a patent punish the innocent that the gnilty may not escape or may not go un­ therefor. punished. It does not propose one innocent man shall be punished that ninety-nine guilty persons shall not go unpunished, but it proposes Mr. STRAIT. Now I propose to have it read as it will read when to reverse the rule of morality and fundamental justice and .to punish amended. ninety-nine innocent persons in order that one rogue may not go un­ The Clerk read as follows: whipped by justice. SEc. 8. Provided, That whenever it shall appear upon the face of the papers re­ By some remarks made in the discussion of the question in the Honse turned to the Commissioner's office that a clerical error has been committed, such and in the Senate, I am led to believe the difference, so far as this point entry may be suspended, upon proper notification to the claimant, through the local land-office, until such error has been corrected: PrO'Vided further, That after is concerned, might be reconciled, but in my judgment it is dishonor­ final proof of the claimant and the issuing of the duplicate receiver's receipt, if able to repeal the pre-emption law and not provide for the protection it shall be proved to the satisfaction of the Commissioner th&t fraud has entered of innocent purchasers. into the title so acquired by the cla:imant, the Commissioner shall hold the entry for cancellation, which action shall become final unless within sixty days from It would be dishonorable, because the Government is responsible for notice thereof the claimant or other parLy in interest shall ask in writing for a the fraud, if any fraud has been committed upon it, under the pre­ judicia l investigation of the case, and thereupon the Commissionershallsnspend emption laws. I am willing to concede that some frauds have been further action in the case and file with the United States Attorney·General notice of such suspension, withhis reasons~herefor; and it shall be the duty of the Attor­ committed under this law. I am willing to concede that title to some ney-General to commence proceedings at once in the proper court to set aside such portions of the public domain has been acquired by perjury, if you title, if in his judgment such proceedings can be maintained: Provided, That please, placing it in the strongest light you can. But I say tha.tunder nothing herein shall be held or construed to iltlpair the rights of any bonafide purchaser or mortgagee of any such land under existing laws, and all purchas­ a just and proper administration of the law there could not have been ers and morgagees of record, and all other persons claiming an interest in any more fraud committed under the pre-emption than nuder the home­ such lands under the original claimant, shall be made parties to such proceed­ stead law, and that the reason for the commission of fraud is, not be­ ings and may defend in their o'vn right. This section shall apply to all cases of suspended entries heretofore made under the United States pre-emption, timber­ cause of a fault in the law, but in the administration of the law. cultu 1·e, and desert land and homestead acts: PJ"Ovided, That after the lapse of two Nowone cause of these frauds is to be found in the penurious appro­ years after the date of the issuance of the receiver's receipt upon the final entry priations made under the pretense of what is in fact a dishonest econ­ of any tract of land under the homestead, timber-culture, and desert land or pre­ emption laws, or under this act, and when there shall be no pending contest or omy. The clerical force of the local land offices is entirely inadequate protest against the validity of such entry, the entryman shall be entitled to a to do the legitimate business of the Government. to do that business patent conveying the land by him entered, and the same shall be issued to him; which properly belongs to the Government to do, and what is the re­ but this proviso shall not be construed to require the delay.pf two year~ from the date of said entry before the issuing of a patent therefor. sult? The registers and the receivers, who should be the judges who are to try the cases, have not the time to devote to examining the proof Ur. STRAIT. That amendment as read proposed on the part of the or evidence in any case brought before them. Senate conferees to allow an entryman after the cancellation of his The intent of the law was, and is, that one of the local land officers entry by the Commissioner of the General Land Office, to go to the courts should personally supervise and personally hear the evidence that was nnd there have his rights adjusted. That was what was proposed on to be adduced by the homesteader or pre-emptor in favor and support 1.he part of the Senate and which the House conferees refused to ac­ of his claim to a portion of the public domain. Yet the fact is, that cept. I for one think the Senate conferees offered a very fair and just neither the register nor the receiver can devote a single moment of Lime proposition, and it is one, so far as I am concerned, which I am willing to hearin(J' or examining the proofs, and they are taken outside of the this House should accept. office anlhefore some other party-before the clerk of the district court, where neither one of these land officers of the Government can see or ' LEGISLATIVE, ETC., APPROPRIATION BILL. examine the witnesses face to face, to determine by their appearance, Mr. HOLM:AN. I ask the gentleman from Minnesota to yield to me their utterances, their candor, their demeanor, whether they are tes­ for one moment to submit a report from the Committee on .Appropria- tifying to the truth or not·. It is beyond the power of the govern­ tions. . - mental officer charged with that duty and made responsible for the dis­ Mr. STRAIT. I will yield for that purpose. charge of that duty, if yon please. It is placed beyond his power Mr. HOLMAN by unanimous consent submitted from the Commit­ because of a lack of sufficient clerical force to perform the duty, because tee on .Appropriations an additional report on the Legislative, Execu­ of the penurious appropriations made and which are being made for tive and Judicial appropriation bill; which was ordered to be printed, help in the large land offices of the country. and recommitted. But you say this would cost something. It would require additional room, and additional clerks and land offices. .A.h! and there is the CONFEREES ON PENSION APPROPRIATION BILL. miserable, miserly secret of the whole matter. The Government has The SPEAKER appointed as conferees on the part of the House on been speculating in its own public domain, and there is just where the the disagreeing votes of the two Houses on the bill (H. R. 10397) mak­ fault rests. ing appropriations foTthe payment of invalid and other pensions ofthe The primal intent and object of these laws was to settle the public United States for the fiscal year ending June 30, 1888, and for other domain and furnish homes for the homeless. That was the primal in· purposes, :Mr. TOWNSHEND, Mr. CABELL, and Mr. LoNG. tent of the homestead law as well as the pre-emption law. The public domain was to beasafety-valvetorelieve the overcrowded ALBERT H. EMERY. localities of the· Eastern section. The man out of employment and out The SPEAKER also appointed as conferees on the part of the Honse of capital in the East often becomes a criminal rather than starve· on the disagreeing votes of the two Houses on the bill (S. 929) for the Hunger and want dethrone reaSon and reverence for law, and make. relief of Albert H. Emery, 1\:fr. TRIGG, Mr. DOUGHERTY, and Mr. anarchists and communists. The public domain was intended to be GALLINGER. the magnet to draw these men, who are out of employment, to the 2032 CONGRESSIONAL-RECORD-HOUSE. FEBRUARY 21,

Western prairies upon the public domain, in order that our civilization on the Western p~es, located a ranch upon some stream; in most might be enlarged, our interests _diversified, and the happiness of the cases not even an attempt was made to get title to the land upon which greatest number of people in this country assured. the ranch or headquarters was located. These cattle-men were mere It was never intended that the public domain should put millions of squatters. As they increased in numbers they apportioned out the money into the coffers of the Government. It was never intended that public domain among themselve.s and adopted a code of rules for their the public treasury of the United States should be filled to repletion own government. by money made out of the public domain of the United States. The In all this cattle domain the 'i:ainfall was either insufficient for agri· receipts at the Garden City land office, in my district in Kansas, are over cultural purposes or it was not seasonable for crops. These cattle-men $100,000 a month, or more than a million dollars a year; and yet the knew that no man would or could go upon this land if compelled to clerical force of that office is so insufficient that neither the register nor reside upon it and cultivate it for five years under the homestead law. receiver can devote a moment's attention to the taking of proofs. The Some attempts were made to homestead in Western Kansas in 1878 and officers of the Government can not take the proof for the want of time. 1879, but on account of the drought failures resulted. The cattle-men The homesteader and pre-emptor must get somebody to do the Gov­ held possession, almost undisputed, in the country referred to until ernment's work-t.he legitimate work of the Government-and the 1883. ,.Meanwhile climatic changes, brought about by irrigation and homesteader and pre-emptor must pay for the doing of this work which the construction of railroads, affected the rainfall, and the home-seeker, the Government properly and justly ought to do. The Government eager to acquire a home, again began to venture, not under the homestead not only cow. pels the homesteader and pre-emptor to pay for doing its law but under the pre-emption law. If he failed it was only a loss of own work, but even then, if the work is not done right, of which the six months'-time and a couple of hundred dollars' worth of improve­ Government must be the judge, it robs him, not only of the money he ments, most of it accomplished by his own labor. He never would have pays for doing the work, but also of his home and his land. It takes the made the venture under the homesb~ad law. The experience of the L'lnd for which he has paid and sells it to another and then to another, preceding years made a second attempt under that law supreme folly. and so on, until its insatiate greed is partly mollified, but, apparently, If the efforts to repeal this pre-emption law in the first session of the never satisfied. Forty-eighth Congress had been successful the rule of the cattle-man That is not all. ·Not only are the forces of the local land offices en­ in that vast area of the public domain would have been supreme. tirely inadequate to do the business of the Government, but the ap­ Nothing that could have taken place would have brought such joy propriations for the Land Department in Washington are either to­ to the camp of the cattle syndicates as the repeal of the pre-emption tally inadequate, or they are not properly expended. Afler final proofs law in the first or even in the second session of the Forty-eighth Con­ have been made, final receipts given. and the papers sent in to the Gen­ gress. ·The shrewd and far-seeing ones among the cattle-men favored eral Land Office, they do not receive immediate attention. They are its repeal. They even visited Washington and lobbied in favor of its there pigeon-holed instead of receiving the immediate attention of the repeal. They cheered to the echo, in their quiet, discrete way, the Commissioner of the General Land Office. The claimant must wait a speeches made m favor of its repeal. They secretly encouraged the year, sometimes two years, before any consideration is given to his efforts that were made to render the pre-emption law odious. When proofs; and why? It is stated at the General Land Office that this is the gentleman from Indiana [Mr. HoLMAN] sought to increase the because the appropriations for the clerical force in that office are not army of spies and detectives in the Land Department these cattle-men, sufficient. The pre-emptor can not ascertain whether anything is knowing that this would make the pre-emption law more odious, in­ wrong with his proof, or whether he has failed to comply with the law, dorsed and approved his action and wished him success. until one or two years after his papers have been sent from-the local Persistent opposition by the Western members, which at times, both land office. in the Forty-eighth Congress and in the first session of the Forty­ He can not learn what, if anything, is lacking often for two years ninth, was denounced as " filibustering," prevented the passage of the after the local land officers have accepted his proof. Now if the Gov­ bill. What has been the result? More than fifty thousand farms ernment had done its duty in seeing that proper improvements had have been opened in Kansas alone during the past three years, which been made; if the Government had done its duty by making it possi­ land, if the pre-emption law had been repealed, would to-day be in ble for one of its land officers to have acted as a judge upon the trial of possession of the cattle-men. In Southwestern Kansas more than a the cause, so that he could have examined the witnesses in person, then dozen counties have been organized in the last three years, having now if the pre-emptor had failed to comply with the law either in substance populations varying from 5,000 to 20,000, which counties would not or in some technicality, he could have been notified of it at the time have been settle dif the pre-emption law had been repealed, and cattle­ and saved much time and expense; because iftherewas a technical de­ men and cattle syndicates would still hav~ had complete control over fect, he could have corrected it there at once; if there was a defect in the miles of prairie which now constitute the area of those counties. substance, then he could have been notified and could have increased Mr. WEAVER, of Iowa. Will the gentleman yield for a question? the amount of his improvements, or extended the length of his resi­ Mr. PETERS. My time is prettynearlyup, but I will hear the gen­ dence. tleman's question. But what is the system now in practice? The papers are sent to Mr. WEAVER, of Iowa. If the pre-emption law had been repealed Washington. Then they are pigeon-holed for a year or more until in and the homestead law left intact, could not those same men have gone the slow routine of the office the case is reached in its turn for exam­ upon the land and-taken up homesteads, and had their money left with ination. In the mean time this grand and good Government sends out which to improve their farms? its company of spies and detectives to stir up strife and envy and dis­ Mr. PETERS. No, sir, they could not; because, as I have already cord among the neighbors of the homesteader and pre-emptor. Some stated, they tried it under the homestead law in 1878, and had to aban­ anonymous scrawler, who does not sign his name, writes to the Com­ don it because of the drought. They would not have taken the risk missioner and charges that a fraud has...been committed; and the Com­ again under the homestead law. missioner of the General Land Office influenced by an unworthy and Mr. PAYSON. I wish to ask the gentleman a question. What is ill-begotten prejudice suspends the entry. Then for the first time does the difference between the pre-emption law and the homestead 1aw this homesteader or pre-emptor learn that his proof had been suspi­ with the commutation feature in it? There is not a particle of differ~ cioned; that the examination of his proof at the local land office was a ence. ' farce. Then for the first time he learns that though the local land Mr. PETERS. I am speaking of the difference between the home· officers n.re the agents of the Government to look after its interest, to stead law itself and the pre-emption law. The commutation law is an see he has complied with the law, still their acts are not binding and entirely different thing. I will say, in further answer to the gentle­ will be repudiated on the merest pretense. man's question, that at that time a great many of the people out upon Then for the 1ll'st time he learns that he must gather his witnesses the prairies knew nothing of the commutation feature. Knowledge of together again and hie away some 50 miles, perhaps, to the special that was generally acquired out in that country a long time after the :~gent, and there await the nod and beck of that official until he shall attempt was made in 1878 to settle up the Western domain under the see fit t() conduct an ex parte inquisition. The verdict in these cases is homestead law. often made up in advance, because these special agents are appointed :Mr. LAIRD. I do not think the commutation feature existed in to convict under the present administration. If the harvest of fraud 1878. which they are expected to reap when they get into the field is not Mr. PETERS. No, sir, it did not, because it was enacted June 15, ripened they are expected to ripen it. If the seed has not been sown 1880. they are expected to plant it and nurture it, and finally garner it into Mr. Speaker, the growth and development of Kansas, especially of the Department at Washington, in proof of the assertion that 90 per the southwestern portion of the State, in the last three years, has been cent. of the entries under this public land law have been fraudulent. the wonder of the centuty. Ask the careful observer what one cause The wrongs of the Irish tenants are as nothing compared with the has done more to work this miracle than all others, and he will an· wrongs and outrages that have been perpetrated on the homesteader swer: "The pre-emption law." Ask the cattle-men what it was that and pre-emptor on the prairies of the West. But the claim for the re­ destroyedlhis range, scattered his herds, and ignored his wire fences, peal of this law has been put forth, apparently, in the interest of the and he will answer: ";rt was the pre-emption law." Write to your poor man and the homesteader. The repeal of this law is in fact in old constituent who leftlllinoisorlowaand "\vent out upon the Western the interest of the cattle syndicates and the cattle kings. Why, sir, a domain and ask him what it was that induced him togooutthere, and brief recital of the facts will illustrate and support this allegation. he will answer you fromaKansasfarm: "Itwasthepre-emptionlaw." Years ago a man or company desiring to engage in the cattle industry I have no doubt that some gentlemen here would like well enough t. / 1887. CONGRESSIONAL RECORD-HOUSE. 2033

cut off that emigration to Kansas and retain these emigrants in their sUspicions, not more than 7 per cent. would be canceled upon final in· own districts, and therefore there may be some consistency in their vestigation. G efforts to repeal the pre-emption law. But, Mr. Speaker, let us hear no · The SPEAKER pro tempore (Mr. Cox, of North Carolina). The gen­ more declamation against the pre-emption law upon the ground that it tleman's time bas expired. has been favorable to these cattle-men and cattle syndicates and op- 1t1r. PETERS. I would like about :five minutes more. posed to the interests of the poor men seeking homes in the West. Mr. STRAIT. I yield th.:'lt much additional time to the gentleman. A word now in regard to "innocent purchasers." In nine cases out Mr. PETERS. But suppose that 10 per cent. of these entries are of ten the innocent purchaser is a home-seeker, who has some money, fraudulent, what a magnificent act of a great and good Government to and who does not desire, and does not:find it necessary, to go out upon punish 90per cent. of innocent persons in order that 10 per cent., con· vacant land and improve it. He is not compelled to be the advance- stituting the evil-doers, shall not escape. How much more grand aDd guard of civilization; he is not compelled to make the :first tracks upon magnificent the act appears when you consider that the Governme~t the almost boundless prairies. He is able to purchase from some fron- itself is responsible for the wrong. If! were one of the conferees on thiS tieTSman who has been less fortunate. The :final receipt of the Gov- bill, so long as reason remained in me and ttly right hand retained ita ernment officer is to him conclusive. He knows that under the ·law cunning, I should never attach my name to a report which directly or some improvements must be made, and the Government says to him, indirectly countenanced or' recognized the perpetration of such an out­ by its receipt, those improvements have been made. It says to him rage upon the innocent purchaseroftbe public domain. through that final receipt there is a house upon that land, and there is The second and only further point of difference to which I shall call a certain amount of cultivation upon that land. It is out upon the attention is the :first amendment to the eighth section of the Honse bill, -open prairie, where hundreds of quarter-sections are alike in their general which provides for a trial of the cause in the United States court, pro- surface and in the character of the soil. vided the claimant or either party in interest shall ask in writing for It is not necessary for him to go out there and examine it. · He a judicial investigation. The whole question is~ shall the authorities knows, perhaps, that his neighbor from the State where he now lives in the Land Department have the absolute power to deprive the pre­ has gone ont there, and his neighbor writes back to him and gives a emptor or homesteader of his land, orsballhebave the right to be heard description of the general cl;laracterofthesoil. Upon this information in the courts of the country if he so desires? many times the citizen purchases a quarter section of land and then Mr. COBB. Now, if the gentleman will pardon me, I want to ask prepares to move out there and occupy it. He goes there withhisfam- him this question, whether that amendment does not require the Gov­ iJy; he journeys westward and takes possession. He may be a hun- ernment to bring suit for its own property; whether it does not throw dred miles or more from the land office. Then some anonymous scrib- upon the Government the burden of proving the fraud? bler sends in a letter to the Commissioner of the General Land Office Mr. PETERS. .No, sir; it does not. stating that the pre-emptor from whom this man purchased had com- Mr. COBB. Certainly that amendment does so, as the gentleman mitted a fraud against the Government. The entry of the land whic.h will :find if he will read it. this man purchased is suspended. But the innocent purchaser all Mr. PETERS. I have only :five minutes and canlnot yield for further this while knows nothing about the action of this great and good Gov- interruption. ernment for which possibly he fotight. Mr. PETERS. I am opposed to making the Commissioner of the The original pre-emptor has sold out, obtained his money, and per- General Land Office a dictator; and that the House bill does, while, on haps moved farther on toward the frontier; and he alone receives no- the contrary, the Senate bill proposes that the homesteader and pre­ tice of the suspension of this entry. The innocent P1¥Chaser gets no emptor who has been deprived of his land by the decision of the Com­ notice. He awaits the slow routine of the General Land Office at missioner of the General Land Office shall have the right to a trial be­ Washington. He knows the patent can not be issued for a year or two fore the courts of his own State. years, but in the mean time he works; he turns over the sod, improves Aside from this, Mr. Speaker, there is another question which I de­ his bouse, plants his orchard, sets out his hedge; and all in blissful ig- sire to diScuss. Yon know, and every man here knows, who is at all norance of the, to him, sem·et proceeding on the part of his Govern- familiar with the General Land Office in this city, that the Commis­ ment to rob him of his money and his home. One day there comes to sioner can not devote personal attention to the examination of every him a man, who, living near the land office, has been apprised of the claim pending in his department. You know, and we all know, the proceeding, and who, after the cancellation of the entry of the original party who does devote attention to the examination of these cases is pre-emptor, placed his own filing upon the land, and now demands pos- some subordinate clerk in the General Land Office, and the most that session. Then thisinnocent purchaser awakens to tbefactthatbe must the Commissioner does, or can do, is to give a cursory reading and sign buy his home over again or abandon it and his improvements. his name to the decision made up by the subordinate. This is no fancy sketch. There are thousands of just such cases in Now what is piOposed by the House bill? It is proposed to take a'way Kansas to-day; thousands of men who have been living in that State the land of the pre-emptor on the the decision of a clerk and refuse any for ten ye.'lrs are to-day in this situation. _ appeal. But I hear reiterated that stale assertion that 90 per cent. of the en- Mr. COBB. The Honse bill leaves the law where it bas been for tries under that law are fraudulent. 1 stand here to say in the light of :fifty years? the past and the present that that declaration, by whomsoever made, is Mr. PETERS. Yes, sir. fulse. But suppose it is true, can the Government afford to take ad- Mr. COBB. And you want to change it? vantage of its own wrong? Mr. PETERS. I want the law changed. Mr. COBB. The gentleman will permit me to say that the assertion Mr. COBB. From what it ha.s.J>een for :fifty years? which be has just pronounced false was made by the Secretary of the Mr~ PETERS. Beeanse I say the Government is not blameless, and Interior under Republican administration, and was reiterated time and I want the law changed so as to protect these people in their riglits. again by the late Commissioner of the General Land Office: Mr. Me- Mr. COBB. I think I agree with yon. Farland. Mr. PETERS. And that is the reason I am in favor of the confer- Mr. PETERS. I am not making any political or partisan speech. ence report being sent back, to see whether, on further conference, we Mr. COBB. And I am not; I am simply referring to the fact. can not reach just such a proposition as will be satisfactory. I want ltlr. PETERS. Well, Isaydistinctlytbatthedeclaration, by whom- to see whether it is not possible to reach a result without perpetrating soever reiterated, is false. wrongs upon these people who hold pre-e)llption rights. Mr. COBB. The proof is overwhelming against yon. Mr. HOPKINS. Do I understand the gentleman to say that has Mr. PETERS. I say it is not. been the statute in force for :fifty years under which these wrongs have Mr. COBB. I say it is, and I 1·efer the gentleman to the records of been done? - the Department. Mr. COBB. The law under which most of the frauds have been per- Mr. PETERS. I say an examination of the records in the General petrated has been upon the statute-book. Land Office shows that the statement is not trne. Mr. PAYSON. Since 1841. Mr. HENDERSON, of Illinois. I do not believe that 25 per cent. of Mr. PETERS. I can not yield further. the entries are fraudulent. Mr. COBB. It can not be gainsaid. 1tlr. COBB. It does not make any difference what you believe; there Mr. REED. Did not the Commissioner establish a different system are thousands of affidavits to the contrary. · for a period of about f01 ty days? Mr. PETERS. They are ex parte affidavits. Now, I want to call Mr. COBB. No, he has not changed the practice of the Land Office the attention of the gentleman from Indiana to the fa~t that thousands in the slightest degree. of entries were suspended last summer and a committee was appointed Mr. REED. Why then did the Secremy of the Interior overrn1e Hs of subordinates in the General Land Office, for the purpose of investi- opinion? gating those entries and fixing upon those which were supposed to be Mr. COBB. He did not overrule the Commissioner of the General suspicions. After this committee had gone over about twenty thousand Land Office except as to the withdrawal of entries on the ground of entries, only about 10 per cent. were regarded as suspicions and were fraud. held for cancellation. I say this is conclusive evidence that 90 per The SPEAKER pro tempore. The gentleman's time has expired. cent. of those entries were not fraudulent. I ani. informed that even of Mr. PETERS. I ask the gentleman to yield to me for a few minute;s the 10 per cent. of those entries which were held for cancellation as being longer. XVlli--128 2034 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 2.1,

. Mr. STRAIT. I will yield to the gentleman for four minutes longer State of Iowa, or from the State of Indiana., or a man from the State of 1\Ir. PETERS. I have only four minutes more and do not want to Illinois or any other State, goes to a community in Kansas and finds a ba interrupted. I want to sayin those four minutes, Mr. Speaker, that pre-emption settler who is willing to sell, and on an investigation of the dearest spot on earth is home, but it is especially dear to the home­ the records of the land office ascertains that the settler bas been to the steader and pre-emptor. office and has made his :filingsand his proofs, satisfying all of his com· To secure it, he has faced danger, suffered want, and endured priva­ pliance with the conditions of the law, and that his settlement is honest tion. To secure it, he has severed the associations of childhood and and bona fide, and the inquirer finds that the settler paid his money, manhood, battled with hunger and cold; toiled early and late, in sun­ and has secured from the officers of the land office a receipt certifying to shine and in storm; and yet, it is proposed to try his title to the pro­ all this. ceeds of this toil, and labor, and suffering, and privation, upon written When this inquiry has been made and t-he settler on pre-emption is statements, largely ex parte in their nature, before some clerk in the found in the condition suggested with this evidence and title in his pos­ Land Department in Washington, a thousand or more miles away from session and favor, and the man from Illinois or the man from Iowa. or the land, and make this trial a finality. from Indiana, upon th.(lSe facts, noli having it suggested to him that the .And is this the justice that is to be meted out to llie free American pre-emptor is in any manner in the wrong, or that he has defrauded the citizen? Government of the United States by violating the land laws_of the Is this the kind of a Government he fought to maintain? country, purchases from him his land, pays him his money, and moves I will not yet believe that even a Democratic Honse ofRepresentatives there with his family and remains in occupancy of the land for years, will commit such an outrage as this. improving it, cultivating the fields, building houses and barns, and in Give the homesteader and pre-emptor a chance to go into the United other ways doing all he can to contribute to the growth and develo~ States courts in his State. Let him have a jury of his countrymen to ment of the country and the maintenance of his rights as a citizen­ decide upon the facts and a judge to declare the law, and then if his under all of these circumstances these gentlemen representing the home is taken from him he can at least have the consolation of seeing Honse say that, notwithstanding all this, that man should be stricken how it is done. [Laughter.] . down and his home despoiled because the original occupant did not in Give him a chance to present his witnesses and to face his accusers, some particular conform to the land laws. and if then he be found to have committed a fraud against the Gov­ The Senate said in the first instance that this honest purchaser, going ernment he will have had a fair trial and must be content. in under such circumstances, should be protected and his title con­ If he is proven guilty the facts will be known and his fate will deter firmed; but they are willing to recede at the suggestion and demand of others from the commission of like offenses. the Honse conferees, and, as I understand it will, abandon the amend· Above all, Mr. Speaker, it will be dealing honorably with our fellow ment if an argument can be had upon the bill, notwithstanding the fact man. [Applause.] they believe the innocent purchaser should be protected. But they Mr. PERKINS: Mr. Speaker,_ I regret exceedingly in the closing will consent that he, too, shall be stricken down, if needs be, and they days of the session we are brought to the consideration of this impor­ only ask, and that is the variance between the two bodies, that before tant matter when other bills of importance are being pressed for consid­ the honest purchaser shall be finally stricken down, or the honest pre­ eration and are demanding the attention of members of the Honse. emptor irrevocably destroyed, he shall be permitted to go to court and This to the people of the West is an important matter indeed, and de­ demoiistrate, if he can, the bona fides and the honesty of his settlement. ser>es at the hands of the Honse the most careful investigation. In That is all. Shall it be said by a Democratic Congress, by a body rep· the little time I shall trespass on the attention of the Honse I shall resenting the intelligence and decency of this nation, that this man shall endeavor, if possiblet clearly to indicata to the members the difference not be given such an opportunity to defend his rights? It is for this which exists between the conferees of the. Honse and the CQnferees of and this only that we now contend; and I protest against the practices of the Senate. this wrecker who now controls the business of the General Land Office, The conferees of the Senate and the Honse, as I understand it, have as I protest against the demands of all who would violate and destroy agreed upon the most of the amendments put upon the Honse bill by the home of the pioneer on the prairies of the West without judicial the Senate. inquiry or investigation. They agree that the pie-emption and timber-culture acts shall be re­ Mr. LONG. Will my friend yield to me for a moment? pealed- Mr. PERKINS. Certainly. They agree that the homestead law sha.ll remain upon the statute­ Mr. LONG. That position seems so eminently fair that I asked my books of the country, and they virtually agree that the desert-land act seat-mate from Illinois (Mr. PAYSON] why there was a refnsal to allow shall remain upon the statute-books, with an amendment protecting the these parties to go into court; and he assured me that such power ex· Gov~nment of the United States from fraud. Under these circum­ isted now. stances the only difference and controversy between the two Houses is Mr. PERKINS. That is a mistake. whether or not the honest settler upon the public domain shall be pro­ Mr. LONG. And I wish the gentleman would meet that question tected against the arbitrary decisions of the Commissioner of the Gen­ and explain this difference more fully. The gentleman from Illinois eral Land Office and shall be given an opportnnity of having his rights informs me that the pre-eml)tor can go to court and ask a writ of manda­ investigated in the courts of the country. In other words, the differ­ mus and demand a. hearing on the facts. ence is as to whether or not he shall be given a chance, an opportunity, Mr. PERKINS. A mandamus on whom? of speaking in his own defense, and an opportunity of a hearing in the Mr. PAYSON. A mandamn.B against the local land officer, against courts of the land befoie his property is taken from him and he stricken the Commissioner of the General Land Office, and also against the Sec­ down a bankrupt and a pauper. Tha.t is the whole question, and I retary of the Interior, as he may happen to see proper to secure the want"to address myself to the Honse for a few moments in the discus­ issuance of his patent. sion of this proposition which at this time divides the two bodies of Mr. PERKINS. The gentleman from Illinois knows that the local Congress. · land officers have no power to issue patents. He knows that they have The conferees representing the Honse say that the settler upon the no power to confirm an ehtry, and that no mandamus could lie against public lands shall be stricken down at the arbitrary discretion.and by them under any circumstances to compel the performance of such a the arbitrary rulings of the Commissioner of the General Land Office, function. He knows that the Commissioner of the General Land Of­ and shall be given no hearing in support of his rights in the courts of fice, or the Secretary of the Interior can not be controlled in their judi­ the country. No matter how long he resided there, no matter how cial discretion by a mandamus, and the gentleman from Illinois is too many dollars have been invested by him in his home, how many may good a lawyer not to know that judicial discretion can not be controlled be dependent upon him in his daily toil and efforts, or the character by the courts. He knows very well that when the Commissioner of or extent of his improvements, he shall be stricken down by an arbi­ the General Land Office or the Secretary of the Interior has investigated trary decision of the Commissioner of the General Land Office on ex one of these entries through their special agents, and have considered parte testimony and his property forfeited without giving him the the case, they have exercised their judicial discretion, and if they de­ right to go into the CQurts and defend the bona fides of his settlement. cide against the settler or occupant they can not b controlled hyman­ I say, :Mr. ·speaker, that such a proposition is wrong. Its mere damns, nor can their decision be reviewed in the courts by mandamus. statement here shows it to be wrong. But it has been suggested here, The gentleman from Illinois [Mr. PAYSON] and the gentleman from in answer, that such has been the law for forty-five years. Conceded. Indiana [Mr. Conn] can not point to an instance where a settler ever Bnt when did this practice of sending out spies, of sending out inform­ got a remedy or redress from the court under such circumstances. ers, and of sending out the paid employes of the Department, who are :Mr. REED. And to come to Washington to get a mandamus inn. dependent, as sn~o-ested by my colleagu.e, for the retention of their case involving 160 acres of land would be rather expensive, especially places upon the favorable reports which they may tnake and send to considering the way in which the deserving profession here charge for the Commissioner-when did it come into being? · When was it inaugu­ their services. rated, and when pressed with such vigor and cruel pertinacity as at lli. STONE, of :Missouri. The conferees on the part of the House the present time? The Senate amend the Honse bill in some important could settle that beyond all question. They proposed to the Senate respects. In the :first section, which it passed aa a. substitute for the conferees to so amend the law that needed amendment in their jndg~ Honse bill, it is provided that where the settler had sold in good faith ment as to give the local land officers jurisdiction of any proceeding to an honest bona fide purchaser his claim, that title, passing to the bona that any claimant might desire t{) institute to enforce his rights. ji:!e purchaser, should be confirmed. In other words, a man from the Mr. HOPKINS. I desire to ask. a question of the gentleman from .'

1887. CONGRESSIONAL RECORD-HOUSE. 2035

Missouri. In a mandamus proceeding would a settler have an oppor_ Gentlemen say it will flood the courts with business. Well, what tunity to face his accusers and pnt them on the rack of cross-examina are courts organized for, what are judges appointed for, what are a~ tion as in a snit at common law? In a mandamus proceeding parties torneys employed and compensated for, except to investigate wrongs have not the same rights of cross-examination and testing the charac­ and to have charges of violations of law judicially investigated and de­ ter and veracity of a witness as in an action at common law. termined ? And is an exception to be made against these settlers? Is :Mr. PERKINS. "I think I shall be compelled to proceed without everything that they have to be taken from them upon the arbitrary yielding fnrtherto interruptions. dictum of the Commissioner of the General Land Office, while to the Of course, I can not say what propositions were made by the House man who has merely a claim to a few dollars involved in a controversy conferees or what propositions were made by the Senate conferees. with a neighbor is given the right to go into court and have the ques­ Bnt, as I understood on Satnrday, the gentleman from Indiana who tion at issue investigated and j ndicially determined? This bill does presented this report argned the right should not be given to the set­ not propose that these questions shall be brought into the State courts. tlers to go into court because, he said, it would result in perpetuating It does not change the law in that respect. It simply proposes that the fraud and in ratifying fraud. Why should it re&ll.lt in that? Are the representatives of the Government of the United States shall go into courts of the country not to be trusted ? Is this Democratic House courts of the United States and there confront with their accusations afraid tQ give to the settlers an opportunity of going into the courts of and their witnesses the parties who are accused of wrong, and estab­ the country and vindicating their rights to their homes, and answering lish, if they can, the fraud or the wrong which they allege has been the slanders of this administration? Who are the prosecuting officers committed. now throughout the land representing the Government of the United Mr. DOUGHERTY. If the gentleman will permit me, I will state States? I question whether there is a Republican officer retained any­ to him what I think is one difficulty in this matter. I thinkonediffi­ where. They are all in sympathy with the majority of this Honse culty is that this great mogul up in the General Land Office thinks that politically, and in sympathy with the administration. every citizen of the United States who applies for a piece of Govern­ Mr. PAYSON. ~Iay I correct the gentleman, who I am sure desires ment land-- always to be accurate? Mr. BROWN, of Pennsylvania. Mnst be a scoundrel. Mr. PERKINS. Certainly. Mr. DOUGHERTY. Yes; thateverycitizen who applies for apiece ?tfr. PAYSON. Let me call the gentleman's attention to the fact of Government land mnst be a scoundrel and a thief trying to steal that the oldest inspector in the fraud service, Mr. Hobbs, appointed by something from the Government; and furthermore, this man, not upon Secretary Teller, holds that positiQn still, and the Secretary of the In­ evidence, bn t n pon mere statements of irresponsible parties, not backed terior and the Commissioner of the General Land Office have stated he up even by affidavits, will stop the patenting to a State of lands which shall not be interfered with except for ca.nse. And does not the gen­ belong to her under acts of Congress. tlemen know that five others out of eighteen are in the same position? Mr. PERKINS. There is no doubt, Mr. Chairman, that what the Mr. PERKINS. I was not suggesting that there was not a Repub­ gentleman from Florida [Mr. DOUGHERTY] states is one great difficulty lican inspector in the service. That was not my statement. in the case, and it is in part for that reason that we ask this legislation, .Mr. PAYSON. Then I misunderstood you. and that this legislation becomes so important. The presumptions of Mr. PERKINS. ~fy statement was that the prosecuting officers rep­ the common law are all reversed by the Commissioner of the General resenting the Government of the Uriited States are in sympathy with Land Office. Perhaps that is the case because he does not know what the majority of this Honse and with the administration, and the Sen­ they are. [Laughter.] He may be excused upon that ground, but I ate amendment proposes to confer upon them the duty, as well as the say the presumptions of the common law are all reversed by this man. right, to go into court and vacate and set aside these entries upon com­ The presumption of the common law is that a man does right; the pre-· petent evidence if they are wrongful or fraudulent. That is all there snmption of the common law is that officers of the Government respect is of it. Is it to be the decision of this Democratic Honse that these the law; the presumption of the common law is that when a mantes­ Democratic officers can not be trusted? tifies he tells the truth. Bnt instead of these presumptions being re­ Now, Mr. Speaker, the Senate and we who speak for these people of spected in the Land Office this man proceeds upon the presumption the West, say that this man who has brought such consternation to that every man who gives testimony testifies falsely, that everyman the doors of the humble cottagers of the great prairies should not be who makes a location upon the public land makes it for the purpose permitted to continue that work. He deprives himself of sleep that of defrauding the Government, that every man who goes out to the he may strike down some poor settler on the pnbliclands; he deprives West to make a home for himself and his family goes there for the pur­ himself of food that he may devote himself to this to him pleasant duty, pose of perpetrating some wrong or outrage, and these presumptions and if a man goes to his office to speak in behalf of these outraged ·are assumed to be true until the contrary is established. settlers he is met with insult and indignity, as men on both sides of Mr. BROWN, of Pennsylvania. Did you ever know an honest Irian this Honse can testify. Personally I have no complaint to make of to put all the presumptions in that way? • him. The Assistant Commissioner of the General Land Office is a gen­ ~ir. PERKINS. I hope I have never been charged with ascribing tleman, and I do my business with him. [Laughter.] I never went that characteristic to this Commissioner. [Laughter.] to intrude on the presence of his majesty the Commissioner but once Now, Mr. Speaker, to show the Honse something of the character of and then I found him engaged in marking and sending out a cheap these men who are influenced by cupidity, who are moved by malice Washington publication that had given a fulsome notice of him with and by the desire of pecuniary gain to institute these vexations pro­ a portrait; and I thought the work he was then engaged in was less ceedings against settlers, I will ask the Clerk to read a brief statement harmful to the country than anything else he was likely to do, and I of testimony given not long since in a hearing in a Western Territory. withdrew without disturbing him. LLaughter.] It is a matter to which Senator PLUMB recently c.alled attention in the Mr. Speaker, in this debate I will be glad to have some gentleman Senate, and I ask the Honse to listen to its reading. tell me why in decency, whyin good morals, whyinlaw, the man whQ The Clerk read as follows: ha8 gone to the prairies of the West and purchased land from the pre­ I will state whatrecentlyoccurred in a public hearing in a Western Territory emptor he found there, under the circumstances I suggested a few to illustrate the character of the proceedings that are being carried on under minutes ago, should not be protected. Yet this House says he should the sanction of the Land Department's present construction of the law, when I say that the witness on the stand, who was the contestant in the pending case not be, and, as I suggested, the Senate is willing to recede from its for a piece of land which had been valuably improved and was then in the proposition. Butit does insist that the man who has purchased under honest bonafide occupation of the claimfl.nt, admitted that he kept a bawdy­ the circnnistances I have suggested, that the settler who has gone upon house near there and that the special agent at whose instance he had made the contest had solicited him to make such contest, and had promised him that if he the land in good faith, shall be given an opportunity of confronting would make it he should have the land under consideration, and which-had his accusers and their witnesses, and sha.ll be given an opportunity of been made valuable by the labor of another, as the reward for instituting the meeting the charges that are made against him, and given an opportu­ contest. That iB not one case alone ; it is one of hundreds of cases that are tak­ nity of vindicating his rights in the courts of his country, to his home ing place all over the frontier. and to his possessions. If he has been guilty of perjuryor qfviolat­ Mr. PERKINS. Now, Mr. Speaker, it is against those practices that ing the law in anyway, if he is the wrong-doer that has been described we are protesting; it is to correct such injuries and such injustice that upon this floor, is it to be presumed that he will invite the interposi­ we are pleading; and it is to perpetuate them that the gentleman rep­ tion of the courts in his behalf? And the Honse will remember that resenting the majority of this conference committee is asking further it is on.ly for such· claimants as do invite the interposition of the courts indulgence of this House. that the Senate bill provides. Mr. Speaker, as I have already briefly indicated, all that those who The conditions prescribed are these, that when the Commissioner of protest against the action of the Honse are asking is that when, by these .• the General Land Office, after an investigation, is satisfied :t;hat fraud investigations which are made, fraud is, in the judgment of the Com"' .· has been committed, he shall suspend further action and inform the missioner, established, the occupant of the land shall be advised of the settler of the fact, and then, if within sixty days the settler says to him fact, and if he signifies in writing to the Commissioner in suty days ~'I invite an investigation in the courts of my conntry"-then, and on.ly that such is his desire, he shall have an opportunity of defending him­ m that case, the Senate bill provides that the Commissioner shall certify self in the courts against these accusations made by paid employes the fac~ to the Attorn~y-General o~ the United States, who, through his of the Department upon ex parte testimony, obtained without his subordmates, shall duect proceedings to be instituted to set aside the knowledge and without any opportunity on his part for cross-exami­ entry.. That is. all there is of it.. Is that wrong? Will any man here, nation. speaking for this House, tell me m what that is wrong? Why, Mr. Speaker, I have here a statement taken from the last report 2036· CONGRESSIONAL RECORD-HOUSE. FEBRUARY 21,

of the Commissioner of the General Land Office to the effect that there As was shown by the evidence read from the Clerk's desk, these in­ were last year 61,638homestead entries, 34,996 timber-culture entries, formers and agents go and they find some evidence upon which they 15,712 ·pre-emption entries, ·2,500 desert-land entries, and 429 entries can base a charge of fraud. under the timber and stone act, making in the aggregate 115,275 en­ Mr. FELTON. And which they live upon. tl'ies last year. As has been suggested by my colleague [Mr. PETERS] Mr. PERKINS. Yes; and then they advise some friend of the fact, the Commissioner in his report made to the Secretary of the Interior in advise some friend in svmnathv with them. or in league with them in December, 1885, charged that90 per cent. ofthesa entries in the West the business-they advise them of the fact that they are going to make have been fraudulent. Supposing for the sake of argument that this an adverse report against this entry. When they advise their pal, so suggestion is true, and taking into consideration the fact that there to speak, of that fact, he moves on the land-he takes possession as an were last year 115,275 entries of the kinds I have suggested, when under original settl~. Then the report is sent in to the Commissioner of the existing law and existing practices is this quest.ion as to the fraudulent General Land Office, and the Commissioner strikes down the original character of these entries to be determined and ascertained? pre-emption. He cancels and sets aside the entry. Then when the How long must these people be kept in suspense? How long must man who purchased ip. good faith, who has lived there for years, who they be deprived of the evidences of their title and of the opportunity has invested everything he possesses in it, comes forward as an original of transferring their homes, if they so uesire, to honest bona fide purchas­ pre-emptor and wants to be recognized as such, he is informed this man ers? The Commissioner, in his report made last December, says that who went into partnership with the agent who investigated it and last year only 2, 606 cases were investigated through the special investi­ made the adverse report on it-this pn.l in this infamous work-he is gating agency of his Department, and that the office acted upon 2,591 informed that such man has a prior right and must be respected. cases. This is the work of one year in the way of investigation. Dur­ And the gentleman from lllinois knows that the practice in the Land ing the same period there are more than 115,000 entries of the public Office as now administered protects the man who went on the land lands. If only 2,606 entries can be investigated in one year, when is under these circumstances and as a paid informer, and strikes down the all this accumulated business to be d:i3posed of, and when are the men man who lived there as an honest sett1er for years and helped to con­ who are making their entries now, each day and each month, to have tribute to the growth and development of the country and to the '8 hearing? In the despotism created and organized by this Commis­ making of a home for himselfand family. sioner when are their improvement-8 to be taken from them; when are Mr. Speaker, it is against such wrongs that we protest. Is there any­ they to be pauperized and dethroned without a hearing and without thing unjust in what the Senate proposes? Is there anything unrea­ an opportunity of defending their rights? sonable? Is there anything which should not meet the approval of the . I want to call attention to one other point. .A man settles upon 160 Honse? I thirik not. acres in the West and establishes his right to that land in the local land Mr. Speaker, there is much we would like to say in speaJpng of the office. He pays his money; he gets his certificate; he prosecutes his situation there so as to impress upon the attention of this House the efforts to make a home; he adds to his improvements; and when such a wrongs perpetrated upon the settlers which we by this legislation pro­ man as I spoke of a few minutes ago from Illinois, or Indiana, or Iowa, pose to remedy and correct. comes and finds these facts, buys from him his right, enters upon the I, like my colleague [Mr. PETERS], was not in favor of the repeal of possession, and continues the improvements, an agent who has been the pre-emption law. I thought it was that law which gave to these sent out by the Commissioner reports on ex parte testimony that the great Western communities their thrift, their prosperity, their won­ original occupant was a fraudulent one and did not conform to the derful development. I knew there were thousands of acres which law, and- this bona fide purchaser, who, under existing law and ex­ never would be taken under the homestead law. I knew the man who isting practices, has gone there and invested everything lle has in the went there to make his home preferred, generally speaking, to secm·e world, is allowed no opportunity of defending his property, no oppor­ title to his land in six months, in order that he might have some credit tunity of making an entry upon thatquartersection oflandasan origi­ at the country stores and with his J;leighbors, and in order that he nal occupant. might have his land taxed and contribute to the growth of the com­ Mr. PAYSON. Will the gentleman permit an inquiry? munity, and especially that he might, if misfortune befell him, be able Mr. PERKINS. Certainly. to sell his home for something, and save something from his misfor­ Mr. P .A YSON. Does the gentleman make that assertion upon news­ tunes. I knew they were anxious to have that pre-emJltion law re­ paper reports or upon inquiry at the Department as to the practice? tained, but the House and Senate have virtually decided it shall be I wish to correct the gentleman because I know he desires to be accu­ repealed. rate in his statement of facts. And we only ask in connection with the repeal of these laws this Mr. PERKINS. I do, indeed. manifestly just and reasonable legislation we are now contending for. Mr. PAYSON. I wish to say that there is not in the practice of the Not one cattle f!yndicate, as suggested, is here protesting against the Interio; Department a shadow of foundation for the statement the General Land Office. They are not disturbed, so far as I know. For gentleman has just made, as I will proceed to demonstrate, when my them a special immunity seems to be given. It is the honest settler, time shall come, from official documents nowin myhand. I interpose the man who claims merely 160 acres of land, who is poor and unable now simply for the purpose of correcting the gentleman from Kansas, to reach the court personally, that is crying against these decisions and who, I know, desires always to be accurate in his statement of facta. arbitrary practices, and praying that some legislation shall be passed Mr. PERKINS. The gentleman may attempt to demonstrate his which will give him some immunity and some security to his home. position by the assertions or statements of the Commissioner-- These cattle syndicates, of which so much is said, did not obtain their Mr. PAYSON. I will show it by official documents. land under the pre-emption or timber-culture laws, but generally in . Mr. PERKINS. Eut, notwithstanding the demonstration whick the direct violation of all statutes. They made their selections and then gentleman promises, I know that people living on these public lands surrounded their inclosures with wire fences, and bid defiance to set­ are complaining by the hundred of just such outrages. I know they tlers and Government. They did this in violation of the law and in do not make these complaints without foundation. All that we ask defiance of the rulings of the General Land Office; and if they are not for is honesty and decency in the proceedings on the part of the Gov­ removed it is because this administration refuses to carry out the law ernment. All that we ask for is that these honest settlers and honest of Congress, which directs that these inclosures and wire fences shall purchasers shall be protected. be stricken down, and the lands so wrongfullyoccupiedrestored to the As has been suggested, whenever we speak in behalf of these settlers public domain a:1 d opened to the honest settlers of the country. It is we are met by the cry of "fraud." Whenever we utter a protest not for these cattle syndicates we speak, but for the pioneer, the hon­ against these practices we are charged with being in the interest of est pre-emptor and homesteader, the bona fide purchaser, the home, and fraudulent pre-emptors. This suggestion is brought before the House the family that we are pleading and speaking to-day. as a specter with which to frighten members. It is the stock in trade As I was observing, there is much we would like to say on this sub­ of gent1emen who are attempting to perpetrate this wrong against the ject, but in doing so we would take more time than can be given to us settlers, and is presented in the hope that we may be deterred from doing at this }f\te day of the session. _ · our duty conscientiously. But I am not to be intimidated in that way. Now some of these land-grant railroad companies really want this We have here simply a repetition of the old device-the thief crying legislation. I do not mean the legislation protecting the innocent pur­ "Stop thief! " I am not impugning the ·honesty of these gentle­ chaser and settler, but the legislation advocated by the majority here, men here; but I know what are the effects of the practice now pur- because it will be just what they want. Where there is no law by Slied. . which settlers on the public lands can enter or obtain title except un­ I wish to call the attention of my friend from Illinois to this propo­ ~er the homestead law,Jhundreds and thousands will go to these land­ eition: When an original entry is found by the Commissioner of the grant railroad companies, who have land to sell, and buy lands from General Land Office to be fraudulent, he va-cates and sets it aside; and them, because by so doing they can pay cash, and obtain in a brief time the man who, before that decision was made, before the entry was can­ a title to their homes. celed or set aside, or frauds suggested by any one, bought from the One word more. The Senate bill also provides that where there is no original entryman-the man who in umocence and good faith has paid suggestion of fraud for two years after final proof, where no accusation is his money in this way-is not permitted, if there is an adverse claim­ made within such time by the Government or others that the settler ant to establish his right as a pre-empt{)r or as original settler to that violated the law in making his proof and establishing his clo.im, the quarter-section of land, notwithstanding he may have invested there same shall be confirmed to him or to his heirs by the Commi~oner of everything he has in the world. the General Land Office, and shall not thereafter be disturbed...... -

1887 . CONGRESSIONAL RECORD-HOUSE. 2037

. Is that wrong? Would you have the homesteader live there more missioner except that be issued an order suspending the right of entry than seven years, conforming to the laws of the country, making his in certain localities for a limited time, for reasons stated. This I will improvements, doing all be could for the development of the country, notice later. . before the land shall be confirmed to him? I appeal only for this as He simply administers the law as be finds it; more he could not do; against the arbitrary decisions of the present Commissioner of the Gen­ less he would not; and he deserves credit and honor for it. eral Land Office, and ask only for reason and justice. Would gentlemen have him do less? How much time have I remaining? Do they desire a weak, lax, inefficient enforcement of the law, such The SPEAKER. Twenty-two minutes of the gentleman's time re­ as bas resulted in all this great loss to the Government-losses oflands main. conceded by all? Mr. PERKINS. I yield ten minutes to the gentleman from Ne- The statute requires bona fide settlement on public lands tlrat they braska [Mr. L.A.mn]. may be secured under the pre-emption and homestead laws; settlement, Mr. LA.IRD withholds his remar·ks for revision. [See Appendix.] and not speculation; and he enforces it. Mr. PERKINS. Mr. Speaker, bow much time have I remaining? The law is the same precisely as rt was when he came into office; The SPEAKER pro tempore. The gentleman has three minutes re- and, mark yon, M:r. Speaker, the only cause for complaint against maining. General Sparks is his impartial, earne&-t, conscientious enforcement of Mr. PERKINS. I reserve that time, and I now yield the floor to the the law as he finds it. gentleman from Illinois [~:Ir. PAYSON] if be desires to proceed in his Do gentlemen know any middle ground that would be safe for the own right. people, or permitted by Congress if known? Do they think the power Mr. PAYSON. Mr. Speaker, I do not entertain any doubt that the could be safely confided to any Commissioner to wink at evasions of Honse of Representatives intends always to do the proper thing. Never· the plain requirements of the statute? since I have been a member of this body have I entertained a suspicion Can he do aught but follow the statute and the decisions of the Su­ that a majority of the House did not intend to reflect public sentiment preme Comt, and merit approval? A.nd I empbatically assert tha.t that in its action upon any matter with which it had to deal. In the ques­ is precisely what he has done, and with the approval of the Secretary tion which we shall soon be called upon to vote I trust that the action of of the Interior. this House will be based on the recognition of w bat the existing condition He knew and saw, as we in Congress all have seen, the necessity for of things really is, without regard to any feeling of personal hostility or a reform of existing abuses; andbehad the stalwart courage to attempt manufactured sentiment which may be manifested on the part of any to execute it; his fault is a vigorous, possibly impetuous, honesty in en­ gentleman claiming the attention of this body as against any one oc­ forcing proper, because existing, law; and he is succeeding, where a cupying a subordinate position in either of the Executive Departments weaker, less courageous man would fail. of this Government. I repeat, sir, and I challenge denial, that the same rules are in force With the gentleman who now occupies the position of Commissioner of in the bureau under this administration that were in force under the the General Land Office I have never been politically in sympathy. He last, with only two exceptions, and these unimportant; but the differ­ and I have been as diverse in our views as men could well be upon party ence is they are now enforced, and with characteristic vigor and earnest­ questions as such. I submit that the question of politics ought not to ness, as they should be. enter into this discussion in the most remote degree. And I regret to I challenge, in justice to the Commissioner, these gentlemen who observe, Mr. Speaker, that all the gentlemen who oppose the adoption attack him tQ assert, to place on the record of this debate, some specific of the report of the conference committee seem to regard as their highest act of bad administration of his, except the suspension to which I have duty and their strongest point the denunciation of the Commissioner of alluded and which I will justify by the precedents. the General Land Office and his administration of the affairs committed They will not, Mr. Speaker, because they can not; mark the predic­ to his trust. tion. I protest, sir, that the matters inYolved in this report are too weighty I do not mean the alleged inefficiency of a subordinate, to which his to be associated with any question of either criticism or justification of attention has not been called, but I mean a case where he is responsible. the performance of duty by a subordinate officer of a department. But I repeat, sir, that I have not an iota of sympathy with the politica1 since it has been made to appear prominent I take a single moment to views of General Sparks. There is nothing between us except such reply to what has b~n said upon this point. relations as should exist between gentlemen and public servants de­ I do know, from my committee assi~nment, that the Commissioner siring the public good. That he is a Democrat, ardent and partisan, of the General Land Office, Mr. Sparks, has been endeavoring, to the and I a Republican makes no difference with me, however, in the mat­ best of his ability, to perform his duty as an executive officer under ter here involved. I do not stop to consider whether the few words I the law. It is due to him that I should say this, because I believe it. say here in his defense against unwarranted sneers and innuendos are Nor bas my attention ever been called to any fact in his administration good politics. I know what I do is just, and only just t{) him as an of the duties pertaining to his office in a single instance which could officer and a citizen, and I am glad to have the opportunity and con­ be attributed to a sentiment on his part other than that which I have tent with the exercise of it to treat him as I would expect to be treated indicated. I am at a loss, Mr. Speaker, to understand what is meant by honorable gentlemen if I were in his place. by the gentleman from Kansas [Mr. PERKINs] when he says that this I said, Mr. Speaker, that I would notice the criticism of the act of cry of fraud which comes up from the Interior Department, and is re­ suspension of entries in certain localities under the order ofJ nne 2, 1886. echoed from the room of the Committee on Public Lands is but a I shall take only a moment. That order was based on what was be­ repetition of the old fable of "stop thief." Who is it that is being lieved to be an urgent necessity and was issued only after full confer­ benefited by the stopping of the frauds which are being perpetrated ence, formal and full, with the Secretary of the Interior, and duly be­ under the public land system? Who is it that would be benefited by came operative by his formal approval, the signing of his nameto it and the carrying out of the ideas of the Commissioner of the General Land ordering its promulgation. And more, this was not done till after the Office, assuming that he bases his action upon the law and the official President and the Attorney-General bad been consulted about it, and it reports made to him, except the people of this country? What private was not disapproved by them. interest bas be to snbserve by administering the law as he finds it upon It was in the line of precedent of almost sixty years, numerous and the statute-book? Is any money put in his pocket by deciding that important, but with this difference: In all the earlier cases the with­ entries are or are not fraudulen~? And bear in mind, Mr. Speaker, drawals and suspensions were all for the benefit ofrailroad, canal, wagon­ that none of the critics of this bill find any fl\ult with the sustaining of road, or other corporations, and had the support, indeed were generally entries in the Land Office. It is only when entries are canceled that made on the request of eminent men in public life, for the benefit al­ any criticism is made; when the land is restored to the people. ways of the corporations, and covering millions of acres of lands taken Mr. Speaker, I confess to a feeling of weariness at the repeated at­ out of the operation of law. tempts of a few gentlemen in the Honse to make the Commissioner of I have one list here under my hand of withdrawals of 54,000,000 of the_Lu.nd Office the central figure of discussion whenever any matter acres for sixty-seven railroads not authorized by law, and made in the of land reform is presented here; they talk about "his policy" and discretion of the executive officer, all before this administration. "his methods" in generalities and in fierce personal denunciation. The history of this practice is found in Senate Executive Document Let us be candid about this. Every one knows, who has any infor­ No. 170, first session Forty-ninth Congress, to which I call the attention mation on the subject, that the Commissioner can have no policy. The of the House. policy of his bureau is fixed by the Secretary; the Commissioner is only But this is the point I make: So long as the- corporations of the a subordinate officer, and all policies, all methods of administration, country were the beneficiaries of this action not a voice was ever raised all general rnles as to buren.u operations must be approved fully by agains~ it, nor have any of these gentlemen since even criticised these the Secretary before being executed; and I assert here emphatically earlier acts so far as I know. that this is the case in the IAnd Office to-day. . But so soon as a suspension is made to stop thieving and robbery and _ In individual cases the Commissioner decides, but there is always a protect the public domain for the people Rome howls. right of appeal, speedy and inexpensive, to the Secretary, so that every I undertake to say that no gentleman who has addressed this House act of the Commissioner must, before it becomes operative, have the ap­ will undertake to deny upon his knowledge of the situation that the proval of the Secretary. reports made by the officials of the Interior Department are sn bstan­ And you have not fail~d- to notice, Mr. Speaker, that not a specific tiallytrue. The gentleman from Kansas [Mr. PERKINs], in hiseager, charge of criticism has been mn.de in all this storm against the Com- earnest, and somewhat florid denunciation of the Commissioner of the / -

2038 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 21,

General Land Office, asks, "When was it that this in£.'\mous spy sys­ the Government, was being carried on, and: to detect the details of it .tem was inaugurated in the Interior Department, and who are the men agents were necessary. who are engineering it?" It was inaugurated by a Republican Congress to correct palpable He :lBks, "When did thispracticeofsending outspies, of sending out abuses, not as a party matter, but a mea.sure of administrative reform, informers, of sending out paid employes of the Department who are and in which there was practical unanimity of action on both sides of dependent, as suggested by my colleague, for the retention of their po­ the Chamber. sitions upon favorable reports which they make and send to the Commis­ At the last session I had the honor, in a speech which I then made, soners?" When did it come into being? When was it inaugurated, to call the attention of the House to an interview which had been had and when pressed with such vigor and cruel pertinacity as at the pres­ with :Mr. McFarland, then Commissioner of the General Land Office, ent time?" as to how this system of special agents was working, whether or not it This inquiry, Mr. Speaker, the gentleman from Kansas [Mr. PER­ was satisfactory to the Department, the amount of land that was dis.. KINS] made with vehement earnestness, and assuming that it covered covered to have been fraudulently acquired, and various matters of·that a criticism on the Commissioner, I noticed it was applauded by a few sort. I do not now propose to take up the time of the House by going gentlemen sitting near. · over that interview again, as it is enough for me to say, Mr. Speaker, The "spy system" referred to is the appointment of agents, eight­ that the then Commissioner of the General :band Office was in favor of een in number, I believe, whose duty it is to report on all frauds they its continuance, and he, in the criticism made, said there were not may discover to the Commissioner, and two inspectors, with like duty, enough of them provided by the law to accomplish the results which to report to the Secretary of the Interior. he knew could be achieved if a sufficient force wa.s placed at his dJs .. Now, sir, I answer the gentleman; and I speak by the card when I say posal for that purpose. that the ''spy system'' was introduced by a Republican Congress. The Now, as to the extent to which this has gone, I will enter into no first provision of law for the allowance of special agents to the Interior dispute with gentlemen who say they know that not 25 per cent. of the Department was passed in the Forty-seventh Congress on an appropria­ entries are fraudulent. I do not care what the percentage is, Mr. tion bill, and under the leadership of the distinguished gentleman Speaker; I do not care whether it is 10, 20, 40, or 90 per cent. of fraudu· from New York [Mr. HISCOCK], recently elected to the Senate of the lent entries, it is enough for me to knew with certainty which amounts United States. to absolute conviction that frnudsexist; that frauds on the public-land Mr. PERKINS. The gentleman will permit me to say that when it gystem to an enormous extent are being daily perpetrated. Gentlemen was inquired how long these practices had existed I understood the concede that to some degree. gentleman from Illinois or some other gentleman to say, "Ever since Let me ask you, :Mr. Speaker, conceding that these things are done, 1841." conceding that to some extent the public domain is being despoiled by Mr. PAYSON. That is another proposition; the language of the thieves, how else is that fact to be determined except by special agents gentleman's inquiry will speak for itself. of the General Government? That is the question I ask. Mr. PERKINS. wp.at I said iureply to that suggestion was that this What other method can be adopted? Certainly none other has been practice of investigating by sending out spies, &c., was a recent one. suggested. . It is true it was inaugurated four or six years ago; but still it. is re­ In the criticism of the Interior Department and of its methods in un· cent. earthing the frauds which are practiced against the public land system _ Mr. PAYSON. Precisely; and what was the necessity for it? That there has come no suggestion of remedy by the gentlemen who oppose is the question with which this House is confronted. Is it new in the this bill; no such suggestion has been made in reference to it. :But it history of this Government for special agents to be sent out to ascer­ is said there is favoritism in it~ that these special agents are corrupt men, tain and report upon any despoiling oJ the public substance? When that they use the power of their office for their own purposes-that some was the time in the history of the Treasury Department when special are guilty of bribery and corruption, and others of favoritism; indeed, agents were not traveling over this whole land for the purpose of detect­ so far as the criticism has gone in another place, at the other end of this ing frauds upon the public revenue? And who ever criticised that prac­ Capitol, the charges made that the attempt on the part of the special tice? There is not a gentleman here whose memory runs back to the agents to unearth the frauds against the public land system are only time when special agents of the Treasury Department were not ap­ leveled ~aainst the poor men, the occupants of 80 acres and quarter sec­ pointed for such· purposes. How is it in the Interior Department--in tions, and that the great thieves of the country, the cattle syndicates the Pension :Bureau? Special agents are sent all over the country and a.ssociations of capitalists, are allowed to go, and are never investi­ .under the general pension laws to detect frauds upon the pension serv­ gated. ice. Let some crippled soldier undertake to get an increase of his pen­ I see in the RECORD that it is said at the other end of the Capitol, in sion by an affidavit from a neighbor, which is perhaps a little colored, the same line of statement as that indulged in here by the opponents and the man is arrested, prosecuted for perjury, and convicted; and no­ of this bill, "Every agency which cupidity, which hate, which malice, body disapproves it. self-seeking and private revenge can suggest has been exerted against Mr. GILFILLAN. :Bnt they allow the accused his day in court, do the honest settler on the frontier, not, mind you, against the cattle-man, they not? but against the individual entry-man," &c. Mr. PAYSON. I nm coming to that; and I beg -gentlemen not to And in the same line the gentlemn.n from Kansas [Mr. PERKINS] anticipate me. I will answer in my own way and in a manner which assents: I believe to be candid and truthful every criticism made upon the bill Not one cattle syndicate, as suggested, is here protesting against the General now in conference. I desire to do this to the satisfaction of every gen­ Land Office. They a.re not disturbed so far as I know. For them a special im­ tleman who listens to me, and I hope I may be permitted to do so in muniLy seems to be given. my own way. At the same time, if on any point connected with this Mr. Speaker, I was greatly astonished when I read the :first abstract legislation I should fail to make my views clearly understood, I will just given, and I am utterly amazed that it should be repeated now and regard it as a fuvor rather than an interruption if any gentleman will here. interrogate me. The gentleman should know, for he can ascertain the fact on the mer.. As I was about to say, what was the necessity for the introduction est inquiry at the Department, that exactly the reverse is the truth, of this system into the Interior Department? It was because during that the cattle-men and their methods are the principal objects of in­ the administration of President Hayes, when Mr. Teller was Secretary quiry by the Department (for the frauds there are greater as to area of of the Interior, it was found that the public lands were being rapidly land than elsewhere), and more results are attained as to them than as reduced, so that men going out to settle upon them found that great to any others. areas of those lands were being grasped by syndicates of capitalists "No cattle syndicate is protesting against the Land Office," says the who had obtained a. foothold, in consequence of which those who desired gentleman. to settle upon the lands were compelled to get them by purchase from "No effort is made, mind yon, against him," comes from the Sen­ somebodywho, withoutproperwarrant, assertedaclaimtothem. When ate-and doubtless very many gentlemen sitting here believe this. this matter was brought to the attention of the Interior Department a. I have here, sir, ~ set of resolutions adopted by the "Consolidated recommendation came to this House signed by Mr. Te.Uer as Secretary, Association of the Cattle-Growers of the United States," held at Chi.. asking an appropriation for the payment of fifteen agents t.o investigate cago, in my State, in November last: this character of land transactions. The gentleman from New York Resolved, That this convention, composed of men from more than thirty of [Mr. HiscocK] was then chairman of the Committee on Appropriations. the States and Territories of the Union, representing the farming and stock-grow­ An appropriation was made in a general appropriation bill for the pay ing int-erest-s of the entire country, a.nd e pecially of the Western States and of these agents, and they were sent into the field. Territories, hereby declare: That they cordially indorse the statements made by Governor Hauser, of Mon· Did this cry of" fraud" originate for a political purpose and on the tana., Governor Warren, of Wyoming, and Governor Stevenson, of Idaho, in part of somebody who desired to perpetuate himself in office? I an­ their recent official reports to the Secretary of the Interior upon the question of swer no, emphatically, no; and I have personal knowledge of the facts, the use and disposition of the Government lands in the West. That they pronounce the policy of Hon. W. A.. J. Sparks, Commissioner of the having been a member of the Committee on Public Lands, and having General Land .Office, to have been detrimental to the true interests of farmlngs had the matter brought to my attention. settlers throughout that section; that his action has been productive of great injury, injustice and suffering to the men who are endeavoring to create homes Sir, the system began because there was a necessity for it, because it 1 and support thell' families under the privations and trials of frontier life. was plainly apparent, and which has since been demonstrated, that a That the broad charges of fraud made by the Commissioner against theae men system of public plunder, never equalled in the histo.ry of crime against o.re not founded in fact. ... .- 1887. CONGRESSIONAL RECORD- HOUSE. 2039

That the isolated instances of fraud present no ground for the universal pro­ horseback or on a buck board and he can stretch out his hands in this scription that he has declared against these men; and, lastly, That., under the cover of an intention to preserve the lands for the actual set­ manner, and every one of his fingers will point in the direction of tlers, he is in reality and in fact instigating and conducting through his special a fraudulent entry. agents a system of espionage foreign to our institutions, unworthy of American But, resuming, I have another case in mind in that part of the Union. I· citizenship, and by suspicion of illegality thus cast upon the entries and titles of the farming class as a whole, o. vast injustice is done them by which no pub­ One company has procured in a very few years over 30 miles of con· lic good is subserved or obtained. tinuous water front on the North Platte River and sufficient land be· The newspaper report of the meeting shows that the pn.SSage of the hind this to control hundreds of thousands of acres there. resolution was urged by two gentlemen, their names given, and that at a Now, sir, in all seriousness I ask any of the gentlemen from the Teru subsequent stage of the proceedings, on motion of one of these gentle­ ritories here how it is possible for any one, individual or corporation, men, this action was had: under a proper administration of the public land laws, which require The Chair was authorized to name a committee of five to attend the next as to that country either settlement or reclamation these vast areas of Congress nnd lobby in tho interest of legislation for the cattle interests. land? The :\Sl!ociation then adjourned. There is but one answer, sir; nor are these isolated cases. And on this committee of five the same gentleman was appointed, Believing that some such statement might be made that the rich were and I have seen him here in the Capitol during this session, I assume not being interferred with, I have collected a few cases of that charac­ "lobbying in the interest of legislation for the cattle interests." ter of land entrieswhichare being investigated by the Land Office, from I have taken occasion to look up the record of this gentleman at the which the House can see whether these statementa are sustained by the Land Office, for it is a singular fact., which can b~ demonstrated by any facts, and I only cite such ca...~ as are of record in the Department of gentleman here, thatin almosteveryinst.ance-understandme, inalmost the Interior. every instance-where a party rushes into the press to denounce the Twenty-seven entries in Bent County, Colorado, covering 4, 320 acres, Land Office, or the Department, that party has a record in the Depart­ made in the interest of a cattle company, reported and adversely acted ment as a land grabber, and on a large scale ! upon. • So I looked him up, and I find that he is one of a corporation formed Two hundred and ten entrie.:~ in Bent and Las Animas Counties, Colo­ out of two partnerships in which he was named and largely interested, rado, coYcring 32,000 acres, made in the interest of a cattle company, which corporation is engaged in acquiring vast areas of land in one of of which 104 have been reported upon, all adversely, and 47 canceled. the Territories, and that quite recently at one land office final proofs Two hundred and fmty-three entries in Custer County, Nebraska, were offered on thirty-nine entries, aggregating 24,960 acres-all the covering 36,000 acres, made in the interest of a cattle company, 61 of proofs of compliance with. the la.w made by only four men in the whole which have been reported upon, and 18 canceled. thirty-nine cases; these were employes of the corporation and made Twenty-eight entries in Albany County, Wyoming, made in the in­ the entries before a notary public who is also its employ6, nearly all terest of a cattle-man, covering 8,000 acres; 10 reported upon, and the alleged entrymen being non-resident of the Territory and residing ad verse action taken. in the city of Boston, and have never been nearer the land than that Thirty entries in Bent County, Colorado, covering 4,500 acres, made city! in the interest of cattle-men; 27 of which have been reported, and 16 The register rejected the entries because they were palpably in the adversely acted upon. interest of the cattle company. Three hundred and sixty-five entries in the Humboldt District, Cal­ Thousands and thousands of acres of public land-! think over 45,- ifornia, made in the interest of a lumber company, covering 58,000 000 acres-are in like condition as to fraudulent attempt to secure title acres; 320 reported, aud 249 adversely acted upon. by this same corporation, the record as to which may be referred to by Eighty entries in Pueblo County, Colorado, covering 12,000 acres, any member of this House. made in the interest of a cattle co.mpany; 22 reported, and 8 adversely Of course, Mr. Speaker, it is with the best of grace and from the pur­ ·acted upon at date. est and most disinterested of motive that this man prepares and urges Twenty-five entries in Pueblo County, Colorado, covering 4, 000 acres, the passage in a convention of cattle-men of a resolution denouncing made in the interest of a cattle-man; not reported individually as yet. the methods of Mr. Commissioner Sparks, and that his policy is detri­ Agent investigating. mental to the true interests of the farmers of that section! Twenty-five desert entries in Laramie County, Wyoming, covering ' Let us see, Mr. Speaker, as to the farmers of that section.'' I have 45,000 acres, made in the interest of a cattle company; 38 adversely in my mind the holding of land of another great corporation in that reported, and final proof tendered in 37 cases for the reason -that the part of the Union. entries were not bona fide. A section of the country nearly 50 miles in width and nearly 100 in One hundred and seventeen desert entries in Laramie County, Wyo­ length, an area larger than the area. of each of several of the States in ming, made in the interest of a speculative company, covering 74,000 the Union, is under the control of this company, a portion of which acres; general adverse report in all, and individual adverse reports in largely less than one·halfbeing railroad land and procured from it by 19 cases. Remainder being investigated. this company; but upon all this vast area of land there is not to-day In the two cases last preceding the entries were made almost wholly a single free holder, not a man upon it except at the will and pleasure in the names of non-residents, principally of the Eastern States, who of this company as a visitor or an employe ! • never saw the lands, and were simply made use of to obtain title, sign­ Think of it, an area larger than Rhode Island or Delaware, a L·trge ing their names for a consideration to the papers presented, and which portion of it secured, as I have good reason to believe, by fraud, ay, could only be used through perjury. crime, and not a free bolder there! Not a spot on which an American Twenty-one entries in Umatilla County, Oregon, covering 3,000 acres, foot can rest without permission of this corporation! A large part of made in the interest of one speculator, all adversely reported, anti acted its capital owned by aliens, too. · upon. I am told that the man who is at theheadofthis enterprise, who has Thirty-six entries in Finney County, Kansas, covering 5, 700 acres, been in this city for some time during this session, doubtless "lobby­ made in the interest of a cattle company. At the trial of the suit to ing in the interest of the cattle-growers," and cursing Sparks, is now compel removal of fences maintained by said company, the manager in the gallery listening to my remarks [laughter and applause], and testified that the entries were made at the solicitation of the company he doubtless voted in the convention that the policy of the Department and were controlled by it. is prrj udicial to the best interests of the ''farming community ''in his Sixteen entries in Grant County, Oregon, covering 1,500 acres, made section of the Union! in the interest of a cattle company; 12 reported, and all a~ted adversely Let it be so. But, sir, knowing the methods of these men, an attack ~~ . from them is one of the mostsatisfaetorytestimonial.s thatthecommis­ Twenty-one entries in Geneva County, Alabama, covering 2,500 acres, sioners can have. made in the interest of a lumber firm; all reported upon, and adverse Ur. PERKINS. Why was this case not investigated? action taken. Mr. PAYSON. It is being investigated. The Interior Department Forty-five entries in Cowlitz County, Washington Territory, cover­ is now investigating the matter; and the reason why more of these ing 7,000 acres, made in the interest of a lumber man, all adversely frauds have not been discovered is because of the parsimony of the Honse acted upon. of Representatives, which demands of the Interior Department the scour­ Twenty-five entries in Bent County, Colorado, covering 3,800 acres ~g of an area. of country as largo as the whole of Europe with only made in the interest of a cattle-man all reported and adversely acted eighteen men. • · upon. We stand here, Mr. Speaker, and when an appropriation bill comes Forty-eight entries in Saint Louis County, Minnesota, made in the up we quibble and haggle as to whether or not we will give fifteen or interest of an iron company, aggregating 6,500 acres, all adversely sixteen men to aid in this work in the Interior Department to deter­ acted upon. mine such questions and to discover by actual observation such frauds Twenty-eight entries in Brown County, Dakota, covering 4,400 acres, as are being perpetrated. That is the reason why more are not discov­ made in the interest of a live-stock company, ten entries acted upon, ered; the Department has not the force and the Honse refuses to fur­ all adversely. nish it. Thirteen entries in Bent County, Colorado, covering 2, 000 acres, Why, it needs only the sending out of a man of ordinary intelligence made in the interest of a cattle-man, eight cases reported and all acted anywhere upon the public lands, the occupancy of which has been de­ upon adversely. sirable within the past four years, and start him in any direction on Twenty-five entries in the Duluth district, Mihnesota., made in the

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2040· CONGRESSIONAL RECORD-HOUSE. FEBR.U.ARY 21'

interest of a lumber company, covering 4,000 acres, all acted upon ad­ Mr. PETERS. I will tell the gentleman. versely. Mr. PAYSON. I would be glad to yield for the information. Ten entries in Chehalis County, Washington Terri tory, covering 1, €00 Mr. PETERS. They could nob have obtained the lands unless there acres, made for one speculator, all adversely acted upon. was collusion in the local land office. Sixteen entries in Whatcom County, Washington Territory, covering Mr. PAYSON. First, doubtless, perjury in the proofs, and possibly 2,500 acres, made in the interest of a mill company, all adversely acted collusion in the local land office. I have no doubt about it. I think that upon. is the way it was done; and I will tell you how it can be done and how Two tracts in Saint Louis County, Minnesota, covered by entries ag­ I know it was done in many cases, if I may believe those men who were gregating 25,000 acres, all made in the interest of two lumber compa­ personally interested in the transaction. It was done by men of means nies, ad verse reports in each case. hiring men to go on the lands and make colorable entries, paying them Six entries in Klamath County, Oregon, covering 1,200 acres, made a monthly salary for their services. I may take three minutes in ex­ in the interest of a cattle-man, all adversely acted upon. plaining for the edification of members around me how this is done. Twelve entries in Cowlitz County, Washington Territory, covering [Cries of "Go on."] 2,000 acres, made in the interest of a lumber company, all adversely The desert land act allows a man to take a quantity ofland for him­ acted upon. self only, not exceeding 640 acres, upon due proof of reclamation. Here From these statements, Mr. Speaker, it will be seen that the twenty­ is a stream running, we will say for the sake of illustration, from this five cases specified, where the fraudulent entries were made for the bene­ point around to where my friend from Kansas [Mr. PETERS] sits. fit oflarge operators, include 1,522 entries,""OOvering 350,520 acres, and I want to get possession of this property, and I hire Tom, Dick, and that to date 753 of the entries have been adversely acted upon. The Harry, hire men everywhere, to go and make desert-land claims with remainder of the number with a few exceptions are awaiting action. an agreement on their part that as soon as the proof is presented and .And these ax:e only indicative of the situation. This day could be recognized in the local land office they will turn the evidence of title exhausted in reciting the details of the records of the Department, the over to me. That is done. It is true the men have got to commit per­ facts of which, sir, are not disputed by those in interest, and these all jury in order to accomplish it, but what does that amount to when you occur in so limited a section of the Union that on an ordinary map of are robbing the Government? It does not amount to anything appar­ the United States you may cover it with your hands. ently. The desert-land act requires that there shall be reclamation, that In other sections of the Union the work of robbery by the wealthy there shall be water conducted upon the land. I hold here in my hand and respectable has been going on. official records to show that men who have made entries in this way I heard that a prominent citizen of Oregon was here denouncing take a plow and go and run a line, plow a ·dead furrow up hill and Commissioner Sparks and his methods, and I took occasion to look him down, around and about, and go back to the local office and swear that a tlp, and found at the Department a letter from a reputable citizen of ditch has been constructed, no matter how steep the hill may be, for Portland, a portion of which is as follows: water is presumed to run up a hill for the benefit of a man who desires In this city, which is in the county ofMultnomah, one George Mizner, a liv­ to rob the Government-that a ditch has been constructed and is ready ery-sts ble keeper in this city, in the employ of one J. B. Montgomery, a railroad to have the water conveyed into it as soon a8 the head works are con­ contractor, hired a hundred or more of the irresponsible classes in this city, structed. The conveyances are then made to the employer and the composed of gamblers, negroes, and others of the vicious order to be fouud in t.he purlieus of all cities, of which we have a full share, to apply to the above­ men are paid off. uamed land offices to enter timber lands in the manner of the inclosed printed As to the land which requires actual settlement as is req_uired by •pplication. (Under act June 3, 1878.) the homestead and the pre-emption laws, here is a favorite way of do­ Thill agent of Montgomery furnished them with the numbers of the tracts l.hey were to severally enter, to be followed by a deed to Montgomery as the os­ ing it. The law requires there shall be proof of a house being erected, tensible title was perfected. For this service they received from 815 to S25 each, and that the man making the proof -is the actual occupant of the land and all expenses incurred, tili returned back to Portland. Others are engaged and resides in the honse. They will build a house and put it on in the like fraud here, bot I instance this as a leading representative of what is now going on in these two land districts. The greed of fees seems to have wheels. The man hired by the party desiring to make the entry goes blinded the integrity of the land office officials, for the well-known infamous and in sleeps in the house one night, then goes to the nearest land office, character of many of the applicants could not have been unknown to them. The testimony, so-called and simulated for the several occasions, was taken and swears he lived in the house situated on the land 9 feet by 12, for Cowlitz County, Washington Territory, before oneS. W. Beall, probate judge, with a second story, and all that sort of thing, giving a minute de­ whose antecedents will entitle him to the confidence of those in this fraud or scription of what for that country would ·be a pretty excellent house. .any other. Next morninga pair of oxen are attached to the house and haul it on to Believing it my duty as a. citizen to place these fact-s before you, I am, yours, respectfully, the neighboring piece of land,z and the same process is gone through. ----. My colleague sitting near me LMr. PLmrn] tells me a man in his town A.n agent was sent to look into this, and I have here a list of entries, was one of a party of capitalists who, by just such methods, secured in fifty-one in number,'embraclng 8,012 acres, nearly all reported on as one county in Nebraska. 27,000 acres of the public lands, and the rec­ fraudulent, and made upon criminal acta as to entries and proofs so ords in the Department show it. strong that this man has been indicted by the grand jury of his neigh­ Mr. PETERS. Is the title those men have obtained to this land bors for his part in the transaction, and, I am advised, is now here try­ worth the snap of your finger? ing to secure delay, if not dismissal, of the criminal proceeding with­ Mr. PAYSONr Legally, no-because it is reported on by agents: and will Ollt tria], and damning Sparks. [Laughter and applause.] the entries are suspended, and the land probably never be patented, In the Northwest criminal proceedings have been instituted-indict­ but the entryman will have his compensation in denouncing Sparks­ ments found against the officers of the Montana Improvement Company, but under the Senate bill, legally, yes. .And I may as well come to an immensely wealthy corporation, which has doubtless robbed the that now as at any other time. Government of millions of dollars' worth of timber-eighteen indict­ The new proposed eighth section is M follows: SEc. 8. Provided, That whenever it shall appear upon the face of the papers re­ ments found, and by the unanimous verdict of the grand jury. turned to the Commissioner's office that a clerical error has been committed such Now, will the gentleman· from Kansas say that no cattle-men or entry may be suspended, upon proper notification to the claimant, through the weal thy syndicates are protesting? That they are not disturbed? local land-office, until such error has been corrected: Provided further, That after final proof of the claimant and the issuing of the duplicate receiver's receipt, i! That there seemS to be a special immunity to them? He speaks, sir, it shall be pro.ved to the satisfaction of the Commissioner that fraud has entered on this point clearly without having examined the records, and I hope into the title so acquired by the claimant, the Commissioner shall hold tl'ie entry the information which I have given will silence such attacks and charges for cancellation which action shall become final unless within sixty days from notice thereof ihe claimant or other party in interest shall ask in writing for a hereafter. judicial investigation ofthecase, and thereupon tbe Commissioner shaU suspend Mr. PERKINS. Would the Senate amendment, if accepted by the further action in the case and file with the United States .Attorney-General notice House, confirm in any manner or ratifY or validate such possession? of such suspension, with his reasons therefor; and it sha.U be the duty of the .Attor­ ney-Genernl to commence proceedings at once in the proper court to set aside such Mr. PAYSON. Practically, yes. I will be glad to tell you why. title, if in his judgment such proceedings can be maintained; Provided, That Mr. l!ERKINS. I will be glad to have you tell me why. I ask the nothing herein shall be held or construed to impair the rights of any bona fide gentleman to tell me if there is anything in this eighth section of the purchaser or mortgagee of any such land under existing laws, and all purchas­ ers and mortgagees of record o.nd all other persons claiming an interest in any Senate amendment which in any way validates or legalizes or ratifies such lands under the original claimant, shall be made parties to such proceed­ the title. ings and may defend in their own right. This section shall apply to all cases ot Mr. PAYSON. If adopted it would do it. It would prevent the suspended entries heretofore made under the United States pre-emption, timber­ culture, and desert-land and homestead acts: Provided, That after the lapse of two Government of the United States from ever acquiring an acre of the yeara after the date of the issuance of thb receiver's receipt upon the final entry public lands back again, and I will give you that presently if you will of any tract of land under the homestead, timber-culture, and desert-land or pre­ be -patient. emption laws, or under this act, and when there shall be no pending contest or protest againt the validity of such entry, the entryman shall be entitled to a Mr. PETERS. I would like to know from the gentleman how these patent conveying the land by him entered, and the same shall be issued to him; two .)ben, this company he speaks of, obtained the land. but this proviso shall not be construed to require the delay of two years from the Mr. PAYSON. I can tell the gentleman how I believe it was done. date of said entry before the issuing of a patent therefor. But in that particular instance I can not tell, because it is now being · It proposes an entire revolution of existing law. What the present investigated, and the facts are not made public. But I am asking in­ system is I may assume is known without going farther than to say formation myself, and want an answer from somebody who will tell that it holds that the title is in the Government to all public lands me how it is possible under a. proper administration of the public land until patent issues, that the reeeipt of the local land office is only the la.ws for these two gentlemen to legally acquire that amount of the evidence of a right, and that so long as the title is in the Government public lands within :five years, and I yield the floor to have an answer. the Department of the Interior has jurisdiction to investigate all ques· 1887. CONGRESSIONAL RECORD-HOUSE. 2041

tions connected wHh the entry and compliance with the law on the this country under the law as it stands to-day? If he will tell me pa:rt of the entryman. - how much time he wants to point out such an instance I will yield it This new section proposes to divest the Department of all power of to him if he does not ask too much. that character if the entryman or party in interest shall, in writing, Mr. SYMES. It will take me only a minute or two. request the transfer of the matter to the courta. Then all matters per­ Mr. PAYSON. I will yield the gentleman one minute to point oat taining to the case must go to the Department of Justice and a suit be such an instance. brought formally by the United States to cancel this certificate, and Mr. SYMES. Give me three minutes. • this applies to all cases now pending as well as to come. Mr. PAYSON. Oht no. Now, sir, has any gentleman in this House ever tried to move the Mr. SYMES. Give me five. [Laughter.] Department of Justice to bring suit for the benefit of the General Gov­ Mr. PAYSON. Oh, no. ernment in anything? I can not illustrate my own views in reference Mr. Speaker, the same state of facts which the gentleman from Colo· to itoetter than to relate a little personal experience. . • rado says he has helped to unearth in that State exists in every Terri· Mr. PERKINS. I have heard of a pan-electric company which sue­ t()ry in this Union, and when I say that you can not move the Depart­ reeded in moving the Government. ment of Justice in Washington in ca'3es of that kind, as a matter of A MEMBER. Electricity can do anything. practical operation of law, I believe it. Mr. PAYSON. In the Forty-seventh Congress, in investigating this Mr. SYMES. You believe it, but you do not know it. kind of transaction, I came upon what is known as the Earl of Dun­ Mr. PAYSON. !believe that I know it. Does the gentleman from raven entries of Estes Park in Colorado, and with which my friend in Colorado know what the eighth section of this bill provides? I will front of me [Mr. WEAVER, of Iowa] is somewhat familiar. We ascer­ ask him whether he has even read it? tained the fact was that this gentleman, a nobleman abroad, coming Mr. SYMES. I have read-­ . over here on a hunting expedition, went down into Estes Park, a beau­ Mr. PAYSON. Yes or no.? tiful spot, I am told-I have never been there-embracing an area of Mr. SYMES. I have not read it [laughter]; but other gentlemen many thousand acres included in the mountains, a perfect oasis in the who have read it have explained it to me. desert; and he suggested be wished he could own all the land he could Mr. PAYSON. ~ntlemen insist here that the House conferees have see. not done their duty, although they confess that they have not even There happened to be an accommodating gentleman in the party read the bill and do not know what the difference is between· the who knew bow these things could be done, and before that party sepa­ House and the Senate conferees with reference to this eighth section. rated a contract was made with a land agent in Colorado who con­ But, Mr. Speaker, I pass now to another point that has been over­ tracted for so much pay in addition to the Government price of the looked by every one in this discussion, as to the difference between the land to secure a patent title to this land for this nobleman, and that House and the Senate. Did political parties mean what they said in thing was done. The official papers with reference to the transaction their platforms when they all resolved that the public domain was the on the investigation I have had in my desk until about four or five heritage of the people for the establishment of homes in the future? weeks ago. That was done by means of mythical entries and the use Politieal parties have been tumultuous in coming to the front in the of names of men who never existed and by perjury that was waist last six or eight years upon that proposition, and how do they say that deep to the men who were in it, and through a man of the name of the public domain is to be distributed ? In small aJ.lotments for actual Thomas White the Earl of Dnnraven was vested in the title of that occupants. property, and controls it to-day. In obedience to that sentiment, the Committee on Public Lands of In my verdancy, in my early experience in Washington, I supposed this House recommended, and the House passed, in the last Congress that when a thing of that kind was brought to the attention of the a law providing tl\at thereafter no public lands should be subject to officials something could be done to cause a reversion of that land to private entry at 1.25 peracre. • Greatareasofpubliclandexistto-day the Government. I went to the Department of J nstice several times, which are subject to entry at $1.25 an acre, in quantities limited only backed with a letter from the Secretary of the Interior, Mr. Teller, by the desire of the purchaser and his capacity to pay. We thought and tried to get the ex-Attorney-General, Mr. Brewster, to file a bill that ought to be stopped, and we recommended that it should be to set aside the title to this land. I met with a failure. I have tried stopped and that thereafter no lands ·should be subject to entry in that ·it twice under this administration. I am done. [Laughter.] The way. That bill went over to the Senate and in the last Congress they record is open. Whether any suits ever will be commenced I have no concurred with us. means of knowing. In this Congress, at its last session, we adopted the same provision in Mr. SYMES. Will the gentleman yield to me for a statement? our bill and sent it to the Senate, and then the Senate struck out that Mr. PAYSON. Certainly. _ provision, thus saying that all the public land that is now subject to Mr. SYMES. I understand the gentleman from illinois intimates private entry shall continue to be so; and, in a speech which I had the there never have been any suits brought in the courts of Colorado to set honor to deliver here last July, I published a list of men who, in an­ aside fraudulent entries of public lands. ticipation of this bill becoming a law, had made entries in the States Mr. PAYSON. I said no such thing. I said I have never beenable of Mississippi and Louisiana aggregating 1,800,000 acres in less than to move the Department of Justice here in a plain case. I understand four days. The bill, however, did not pass, and the gentleman from the gentleman from Colorado himself was attorney for the Government Alabama [Mr. OATES], as he stated in a low tone when the gentleman in that State and prosecuted many cases successfully after patent had from Missouri [Mr. STONE] was addr~ing the House, is in receipt of issued. · a communication from the local land office in his State informin~ him Mr. SYMES. The Department of Justice has often been moved and that, in anticipation of some legislation of this kind, great areas of lands acted upon in this matter, and by proceedings in court fraudulent en­ in his own State are being taken up by speculators at $1.25 per acre, a tries of land have been set aside and the lands restored to the public do­ large proportion of which lands are fit for homesteads. main. As far back as 1877 I was employed myself by the Government Now there is a difference upon this subject between the Senate and as special counsel and took charge of twenty-six snits. I gained every the House. The Senate desire that these things shaJ.l go on, but the one of them by a decision of Judge Dillon, and there was restored to the House of Representatives is determined that they shall be stopped, if public domain one of the finest tracts of land in the Arkansas valley. we have the power to stop them. ?rir. PAYSON. Set aside on account of fraudulent entries? Mr. PERKINS. Will the gentleman permit a question? Mr. SYMES. Yes, sir. Mr. PAYSON. Yes, sir. Mr. PAYSON. Well, it seems there are some frauds in Colorado. Mr. PERKINS. Do not the Senate conferees agree with you that Mr. SYMES. Have I denied it? the pre-emption law and the timber-culture law shall be repealed? Mr. PAYSON. Perhaps not; but others have Mr. PAYSON. They do; but they couple that agreement with a Mr. SYMES. Let me make this further statement. condition. While they agree that the evils resulting from the opera,tion Mr. PAYSON. I can not yield further. of the pre-emption law and the timber-culture law and the desert-land Mr. SYMES. Then you do not want to know the facts. law, as those lavm stand upon the statute-books, are of such a charac­ Mr. PAYSON. I do want to know the facts. Does the gentleman ter that they should be brought to an end by repealing the laws, yet from Colorado intimate that we of that committee are not in favor ot they couple that agreement with the condition that the House conferees land reform ? shall accept their idea of what the proper remedy is for any supposed Mr. SYMES. Bnt you are intimating no other gentleman is; and invasion of individual rights in connection with this subject. because there have been big frauds in Coloradot frauds which I have In other words, the Senate agrees with the House that these laws denounced and have helped to unearth, that by a sweeping order ot are vicious and .should be repealed; that the evils grow out of the in· the Commissioner every honest settler must have his title suspended firmity of the laws themselves, but becauset in the judgment of a few after having obtained a legal title to his land by entry. This is what Senators, there should be a new remedy for the enforcement of indi­ you are doing. vidual rights as against the Government in public land cases, this rem· Mr. PAYSON. Can the gentleman distinguish any difference be­ edy must be adopted orthewhole bill shall fail. Notwithstanding, the tween that and the line that we have been pursuing? Can he point proposed remedial legislation is earnestly opposed by the officers of the to. a single fact or a single instance in the history of the present Com­ Interior Department, all of them, as impolitic, inexpedient, and im- nussioner of the Land Office that is not in the interest of the people of practicable. · ,.

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2042 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 21,

Secretary Lamar bas given several opinions with reference to it, one man's equity, however barefaced and fraudulen.t,for a. va.luabl~consideration passes the title to the purchaser, and the Government is bound. a formal letter to a Senator, and others on conference with regard to it, The law and rule of decision of-the Department has always been that the and all adverse to it. Government only dealt with the entry-man; if he bad performed and came with Yet these Senators, assuming to :r;egard this question of remedy (and "clean hands" and had sold, the title to him would inure to the purchaser; but the purchaser must use care and see to it that the entry·man performedJ about which there is such conflict of judgment and the overwhelming because the Government only deals with him. This propo ed new rule wonla weight of judgment against the proposed change) as paramount, per­ be an incentive to fraud, by the prior announcement that all frauds must be sistently attach it to our bill, a bill which the people demand and have certified to the courts, except where the land was sold, in which cnge the buyer wonld be protected. demanded for years, and prefer that the bill should fail utterly unles.S Of course every fraudulent entry would go into tho hands of a "puYchasor .. their demands are complied with and the House yield its convictions. for value." ' l.fr. Speaker, I do not impute motives to any one, but I do not be­ The old rule is the safest, most expeditious, and best, and bas the advantage of being settled and well understood. The House ~<)me1:eea 1!..\)\)recla.te the lieve the Senate cares to pass any bill repealing these obnoxious laws. force of the argument that it sometimes happens that an innocent settler buys Look at the history of the attempt we have made to comply with the but a. fraudulent entry-man's claim and is put to hardship; to relieve this class people's wishes. • we have offered tho Senate this compromise for their general validating pro­ posal. In the last Congress the House passed the same bill in substance that We agree to a provision, which we offer, that no matter bow fraudnlent an we passed bere-a repealing act, pore and simple; the Senate commit­ entry may have been, we will validate it if it has been sold to a. bonafide pur­ tee recommended the same bill, with some amendments perfecting it, chaser who is in possession of the land, by himself or tenant, to the ext~nt of 160 acres, and have intimated that we wonld raise the amount to 320, possiblv. but involving no new principles-a repeal of these laws and a suspen­ rather than have the bill fail; and also, to guard again t any a.lleged bar h rul­ sion of the privilege of purchasing Government lands at private entry ings by this administration, that the rules in force when the entries were made in large quantities. shall be the rules by which they shall be closed. This /irotects every honest settler fully, and relieves the purchaser from nll frauds o his vendor, the entry­ In the Senate an amendment was added, not germane to the bill, io man, and modifies the law for his benefit. confirm certain privateentriesofpublicland in Mic:Oigan, about which But the Senate refuses this. there was then, and possibly now, grave doubts in the minds of many I prefer that the bHl should fail, deeply as I regret it, r:ttherthan to see section 8, either as originally presented or as modified, adopted into the law. Senators and Representativs ns to its propriety. It was purely a private I feel sure that if it were adopted there would be no u e for the division of the matter, affecting only a few individuals, and yet, against the earnest Department for the detection or fraudulent entries, and that every entry here­ protest of the friends of the bill, this amendment was loaded on it, after would be made good against the Government. The old law and rules, with whatever imperfections they may have or whatever and the bill failed because of it. occasional hardships they may impose, are infinitely to be preferred to the new In this Congress we passed, in the House, the same old bill. Later rule proposed, if the public lands are worth preserving from unlawfnl acquisi­ experience emphasized the necessity for it. It went to the Senate. tion. The public demand is for the repeal of these laws. This the House bill meets. All but the enacting clause was stricken out, and this bill passed, The Senate concede this by passing the repeal, but connect with the repeal these loaded down with new schemes, some of which, involving vast areas of condoning provisions which the House refuses, and which haYo not the approval land, like the ''mountain homestead,'' never heard of outside the room of any of the officer3 of the Interior Department. of the Committee on Public Lands till the bill was reported. Confer­ Nor is the statement true that I declined to sign a report setting ences were bad, and because the House conferees would not yield in forth the disagreement between the committees. I would gladly have these matters the bill went over the vacation. done so. I regret that there should be an attempt to fix any responm­ During the very last days of the session the announcement was made bility for the defeat of the House bill upon us, and I also 1·egret that there in the Senate that the Senate conferees had offered to strike out of the has appeared to be a necessity for raising a question of veracity in the bill the clause validating fraudulent entrie.c:;, and had agreed to yield so case, bot I am compelled to state my knowledge of the facts and pre­ far as to confirm only such entries as were in the hands of persons who sent the papers made at the time, in support of it, and in which state­ held 320 acres; and this was refused, it is said. ment my co-conferees fully concur. It was also asserted that the House conferees declined to. sign are­ Ur. LONG. Now tell us why we should not agree to that remedy? port setting forth the points of disagreement. So it was not in the Mr. PAYSON. I will tell you why you should not. First, because power of the Senate conferees to report. there is no necessity whatever for it. These laws having been enforced Mr. Speaker, the first knowledge I had of these statements was re­ as they have been for the last forty years and more, how does it happen cently, since my return from Illinois, and my attention was called to that for the first time in the history of the nation there comes up a de­ them by you. mand that there should be an o>ertorning of a. well-established, per­ Injustice to myself, I feel called upon to state that I was present at fectly satisfactory, and ordex1y proceeding in the Public Land Office? every conference last session, and it is strange, but true, that I never Ur. WEAVER, of Nebraska. Will the gentleman inform us at some heard of these proposals till I read them recently in your room in this point in his rema.rks how these Senate amendments would ratify fraud­ Capitol since my return. ulent entries? I do know that we, the House conferees, made the offer. to the Sen­ Mr. PAYSON. I will first get through the point I am discussing. ate, in order to reach an agreement on the proposal in the Senate bill The difficulty with the Senate conferees is that in insisting on their to validate fraudulent entries, that we would agree to a clause validating amendments they base their position upon the assertion-and this is the all such entries whe1·e they had been sold to bonafide purchasers, who ground also of the gentleman from Nebraska [Ur. LAmD]-that the were actual settlers to the extent of 160 acres, and we practically agreed receiver's certificate a.s between the entryman himself and the United to enlarge the amount to 320 acres, if the Senate would agree. States is evidence of title. The gentleman from Nebraska, whom I do I prepared the offer for the House conferees, and hold the identical not now see in his seat, asserts that it is held that the receiver's cer­ paper in my hand containing the offer by interlining in the printed tificate :is evidence of title on the part of the entryman; that the courts Senate bill. have so decided everywhere. I say to yon, Mr. Speaker, that I bold These offers came from us, sir, in every case. in my hand-Iwillnotcilnsume time withit, but will incorporate it in ! ·have in my hand, also, as corroborating evidence, a statement which my remarks-a brief of the authorities on this question, and this brief I prepared for a member of the press, giving our understanding of the presents numerous and uniform decided cases holding the contrary doc­ situation as to the difference on this and the eighth section of the bill, trine. and I submitted it to Mr. COBB for his indorsement; this was imme­ The Supreme Court of the United States has thus held time and time diately after the last conference at the last session; we then talked as to again until now it is so fully accepted as the settled law that no case w bether it would be proper to give to the public the substance of mat­ is presented in that court asking for a review of the doctrine that the ters in conference, before final report, and finally concluded that it title never passes from the General Government until a patent issues might not be proper; so the paper was placed in my desk, where it bas as between the Governmen; and the entryman. Furthermore it bas since remained, and th:is is it: · been repeatedly held that tue recei er's certificate is simply evidence The new section {8) provides a rule of practice for the Commissioner of the ofthe entryman's right-to what? To receive from the General Gov­ General Land Office m a.U cases where fraud is alleged in entries under the gen­ eral land laws; it requires in all such cases, first, tha.t the Commissioner shall ernment a patent for his land, not because the receiver and register suspend the issue of patent and send the case to the Department of J nstice for legal have passed upon the matter, but, after it shall have been examined proceedings in the courts to vacate the receiver's certificate. The action has an and approved by the superior officers in the Department of the Interior, exception in these cases of fraudulent entries, "unless the lands have been sold to a bona fide purchaser for a valuable consideration.'' In such case the matter and that he can not convey any better right than he has. That has can not be transferred to the Department of Justice for litigation, but the title always been the practice under the Government. must stand. The effect, of course, is to deprive the Commissioner of all power In the early history of the land laws the question was made in the to investigate and adjudicate questions of fraud in public land entries; it de­ courts as to whether or not the Commissioner of the Land Office first, prives the Commissioner of all power to cancel entriesaft~r final certificate-a power that officer has had and exercised since 1834, and approved by every and after him the Secretary of the Interior, had any revising power Secretary of the Interior since then, including Mr. Secretary Teller, in the Cogs­ under the public land laws to protect the Government against imposi­ well case, 3d Dec., 23; the Tower case, 2d Dec.J 719; and lUx. Secretary Lamar in the Ohrisinger case, decided January 25,1886, oy requiring in all such cases the tion; and I repeat, .the Supreme Court of the Uni~ States has a:J~ys certification of them to the Department of Justice for litigation, except in case affirmed that doctnne; there has never been a declSlon even sqmnting of sale as stated, which sales are by the section impliedly validated. toward the contrary view. The leading case on this question is that of The new rnle proposed wonld pla-ce the entire burden on the Government of requ1ring in nil cases the IDAking of form.a.l pleadings in court proceedings, of Myers vs. Croft, in 13.Wallace. The Supreme Court there lays do-w:n details of fraudulent entries, and of tbe proofs as well, instead of &-he easy, prac­ the doctrine that as between the entryman and the Government his ticnble method hitherto practiced, of hearings at the local land office, and would right to thE:! patent is secure, provided he comes with "clean hands " to requhe the long formal proceedings in court on confessed fraudulent entries, which have been found very numerous. the Interior Department. Besides, it creates the new rnle, a total innouation, that a sale of the entry- The brief to which I alluded is as follows: First, on the point that 1887. CONGRESSIONAL RECORD-HOUSE. 2043 the entryman can not convey a better right than he has; that the pur­ protected. But neither in private nor in public transactions can purchasers be­ fore deed or patent demand a. conveyance from the legal owner of the property, chaser stands in his ·shoes: nor do they possess the character or have the standing of bona .fide purchasers. As against the United States the pul'Chaserto.kes only what his vender has to The propo&itions that the transfer of a claim adds anything to ita efficacy convey. In Yost vs. Shields (1 Wool worth, 353) the court said: against the United States, or that a certificate of purchase is in the nature of an "It is further insisted on behalf of the defendants that they are bona fide pur­ investiture of titie, or that the purchaser of an entry before patent is in any chasers, and that they, as such, are entitled to the protection of the court. I legal sense an innocent purchaser, are refuted by decisions hereinbefore cited. think it pretty clear that some at least of these defendants purchased and paid l!tlany others might be referred to. . their money without any knowledge in fact of any defect in the title. Yet they In Irvine vs. MarshaU,20 How., 555, it was held that although a certificate may are not bonafide purchasers for a valuable consideration, without noticel in the be the subject of bargain and sale yet the Unifed States can take care that con• sense in which the terms are employed in courts of equity. And this tor sey­ veyance shall be to him who is in good faith ita vendee, and the court said: era.l reasons : ''The reception of the certificate of purchase as evidence of title maybe regu· "They all purchased before the issue of the patent. The more meritorious pur­ lar and convenient as a. rule of business, but it has not been anywhere estab-­ chased after the entry had been assailed and decided against by the Land Office. lished as conclusive evidence, much less bas it been adjudged to forbid or ex­ But this is a circumstance not material to this consideration. Until the issue of clude proofs of the real and just rights of claimants." the patent the legal title remained in the United States. Had his entry been A mere declaratiQn in writing by a vendor that the vendee has paid the pur. valid, Shields would have taken only an equity. His grantees took only an chase-price of land, and that he intends to give him a deed, is not o. document equity. They did not n.cquire the legal title. And in order to establish in him­ purporting to convey title. (Osterman vs. Baldwin, 6 Wall., 116.) self the character of a bona fide purCJ4nser, so as to be entitled to the protection Legal title does not pass by contract of purchase without deed, and one who of chancery, a party must show tha t in his purchase and by the conveyance to holds or claims by contract only is not protected as a bona fide purchaser for him he a.cquired the legal title. * * * After he had gone through with the­ value. (Boone vs. Chiles, 10 Pet.,177.) process of making the en try, after he received the patent certificate, Shield's had It will not do for a purchaser to close his eyes to facts which are open to his no more right or title or interest in the land than he had before. As he bad investigation for the exercise of that diligence which the law imposes. Such none he could convey no interest in the land. By the deed which he made and purcba;;ers are not protected. (Boush vs. 'Vall, 15 Pet., 111.) by the successive deeds which they received, his grantees took no more than Purchasers by quitclaim deed even are not regarde4 as bona fide purchasers he had, which was nothing at all." without notice. (Olivervs. Piatt, 3 How., 333; .!\fay vs. Le Ola.ire,ll \Vall., 217; This is a declaration of the law which governs judicial determinations in all Dickerson vs. Colgrove, 100 U. S., 578.) this class of cases. It is the law itself as declared by all authorities on juris­ Party without title can not acquire it by payment of taxes on land. (Hom~ prudence, and as settled by legal opinions and judicial decisions from the ear­ stead Co. wr. Valley R. R., 17 Wall., 153.) liest period of the general pre-emption system to the present day. In 1836 Mr. A purchaser of land must look to every part of the til\p which is essential to Attorney-General Butler (3 Op., 92) said: its validity. (Brush vs. ·ware,15 Pet., 112.) · "The ass.ignee of the pre-emption certificate (supposing it, for the purposes of States have no power to declare certificates of purchase of equal dignity with this opinion, to be assignable) takes it subject to all the equities existing between a patent.. tBagnell vs. Broderick, 13 Pet., 436.) the original parties-the United States and the settler to whom it was given­ If, before patent issues, the land department finds the entry erroneous it may even though he had no notice of such equities at the time of the assignment and treat the assignment as void, and, notwithstanding it, set the entry aside. payment of the purchase-money ; and that he can acquire a. specific execution (Franklin vs. Kelle~, 2 Nebr., 79.) of the engagement contained in the pre-emption laws on no other terms than The act of 184.1 provides thnt the entry shall be made with the register of the could have been insisted on by his assignor, the original vendee. land office. The acts OI"ga.nizing the Land Department of the Government pro­ "The error of the argument in favor of the assignee consists in assuming that vide that the action of the register shall be subject to revision and supervision the equities of the parties are merely equal, and that the legal title is in the as­ by the CommL"-'>ioner of the General Land Office; and entry with the register signee. The legal title, until letters patent shall have issued, is in the United is dependent upon the approval of his superior, so far as the course and order States; and if their equity is merely equal to that of the assignee, yet it must be of the business go; and, without the affirmative action of the Commissioner, preferred, because they have the legal title. The doctrine as to purchasers for a the patents issue. It would be a great evil if a party claiming a pre-emption valuable consideration without notice is applicable for another reason. If this right could, as soon as his entry was made, convey the land to a third party, were a case in which the partie.s were both suable the appropriate remedy of and thereby prevent the Commissioner from re-examining and disapproving the assignee to compel the vendor to complete the title would be a bill for a spe­ the entry if it was erroneously allowed. Such course would expose the Gov­ cific performance. In other words, as the United States are in possession, and ernment to serious loss, and pervert a statute conceived in a wise policy and a refuse to convey, the assignee must necessarily be the plaintiff. But a purchase generous spirit into a means of perpetrating the greatest frauds. This is the for a valuable consideration, without notice, is not ground on which to maintain mischief aimed at. The object was to protect the Government, and in this view a suit. It can only be used as a defense; it is a mere shield, and not a weapon of the language-that the right secured by the act Should not be assigned-is apt. attack. As between the claimant and the Government, his interest is a right merely un. "In all cases of this sort the rule caveat emptor is particularly applicable : and til the patent issues. It is subject to reinvestiga.tion and, on inquiry, to .be dis-~ if the assignee has chosen to part with his money without providing suitable regarded by the Department. Until the patent issues, it is treated by the Gov· means of indemnification to meet the contingency of a. failure of title in his as­ erument not as a title, but as a right or a claim of right. signor, be must submit to the consequences of his indiscretion." I admit that if an entry under the act is made with the register, and the Com· In a recent decision by this Department (R.M. Chrisinger,4 L.D.,347), the missioner finds that it was illegally allowed, as, for instance, if the entry is upoJl honorable Secretary of the Interior said: lands not subject to pre-emption, and he sets it aside, a conveyance intermediate "n is insisted by counsel and ably argued at length that the assignees of the entry and the official act of vacating it would, be void. Such a conveyance Chrisinger, being bona fide purchasers after entry, are entitled to intervene and would be within the mischief. But if a. valid entry be made, and a patent issued have their interests protected, as they took without notice of any defect in the upon it, a conveyance intermediate those two acts would not be within the JDis. final proof. chief. The issue of the patent is a confirmation of the entry; it relates back to "This proposition is not tenable. n involves the principle that although the it, and takes effect from it. (Astrom vs. Hammond, 3 McLean, 107.) claim for title while in the hands of the entrymen is worthless on account of his The courts have often ruled that where the right to a patent has once become failure to comply with the law, such claim may be strengthened and made a vested in a purchaser of public lands it is equivalent, so far as the Government matter of absolute right by virtue of a transfer to an innocent purchaser. The is concerned, toa;patentissued. (Starkvs. Sta.rrs,6Wal1.,402; Simmons"s. Wag· converse of this, however, is true. Conceding the right of sale after the issu­ ner,101 U. S., 260.) But none of these decisions hold that the ce-rtificate andre-­ ance of final certificate and prior to patent, the purchaser takes no better claim ceipt of the register and receiver is conclusive evidence that a ri~ht has vested, for title than the entrymen has to confer, and whatever right is thus acquired is nor that a patent is not necessary for the conveyance of the legal title. In Myers subject to the subsequent action of the Land Department." vs. Croft, 13 Wo.ll.,291. the court says that the pre-emptor could sell after entry It is obviously proper to apply the same rule to the Government in the mat­ if he came up and made his proof and payment "With clean hands." But he ter of rre-emption claims t.hat regulates the transfer of P.roperty from one indi­ must be in good faith the ewner of t-he land and have '-'done nothing inconsist­ vidua to another. That rule is caveat emptor. It is unifo-rmly so applied. ent with the provisions of the law on the subject." In the case of Whitaker vs. Railroad Company (7 Copp., 86) it was said by this Again, on the question ot the power of the department to cancel entries, U Dep,artment nuder Mr. Secretary Schurz: may be said that the validity of a conveyance depends upon the validity of tbe ' In all cases of purchases of pre-empted lands before the issuance of patents entry, and that has always been a proper subject of inquiry by the LAnd De-­ therefor the rule caveaC emptor is particularly applicable; and if the entries are ~ partment at any time before patent issues, and by the courts in a proper pro­ fraudulent or void the purchasers acquire nothing. And it has been held in ceeding afterward. cases of entries under the early pre-emption lawa having like provisions to those In the caseofHarknessvs. Underhill (I Black., 316), counselforpla.intlfl'urged of section 13, act of 1844, and section 2262 Revised Statutes, as well as under later that- acts, that the doctrine of bonafide purchaser is not applicable to one who pur­ •• The register and receiver ha\-'i.ng sold the land to Waters in conformity with chases of a pl'e-emptor before patent, and that such purchasers must abide by the instructions of the Commissioner of the General Land Office had no further the disposition of the cases by your office or this Department, that they take no power or jurisdiction over it. Neither had the Commissioner of the General better title than their vendors have, and that your office and the Department Land Office power to set aside the sale even for fraud. This could only be done had full authority to cancel pre-emption entries for invalidity or fraud. The by judicial authority." foregoing conclusions will be found to be fully supported by the following au­ Counsel for defendant in reply cited the language of the supreme court of 1\Iis. thorities, the numerous decisions cited in United States Digest, volume 14,page souri in Green vs. Hill, 9 Mo., 322: 59 paragraph 1242 especially, "It is the duty of the Comlllissioner of the General Land Office to revise the 1'Barnes ,;s. Childs, 10 Peters, 179, and Vattier vs. Hinde, 5 Peters, 271; Arnold proceedings of the register and recei>er and vacate entries which may have vs. Qrimes a!l~ Chapman, 2 Iowa (Clarke's) Rep., 99; Anketel vs. Convers, 17 0. been illegally made, and thereby arrest the completion of a title originating in St., 11; 3 Opmwns Attorneys-General. 91 and 664; Du pout vs. Waterman, 10 CaL, fraud, mistake, or violation of law." And to the same effect: Perry vs.O'Han· 354; Chew vs. Barnet, 11 Serg. & R. (Pa..), 2893; Barnard vs. Ashley,l8 How. 43 · Ion, 11 Mo., 585; Huntsucker tis. Clark, 12 Mo., 333; Nelson vs. Simms, 23 Miss., De 1\:Iott vs. Starkey, 8 Bard. (N.Y.), Ch., 403; Smith vs.. Shane et al., 11\Icu;an: 383; Glen tJS. Thistle, 23 Minn., 42; Mitchell vs. Cobb, 13 Ala., 137; Dickinson vs. 27; Randalvs.Ebert,7 Minn.,4.50; Carrolvs.Satrord,3How.,461,462; Sampeyreac Brown, 9 Smeade & Marshall,130; Gray vs.l\1cCance, 4 111." and Stewart 1:s. U. S.,-Pet.,241; Pinsonvs. Ivey,1 Yerger,9(Tenn.), 302; Craig The court tl.\Ir. Justice Catron) said: "The question is again raised whether vs. Peeiper. et al., 10 Tenn., 193; Oakley vs. Ballard et al., 1 Hempstead, 476; this entry having been allowed by the register and receiver could be set aside Root vs. Shields, 1 'Vool, 363-3G.'5; Shepley vs. Cowan, 1 Otto,&ro; Moore vs. Rob­ by the Commissioner. bins, 6 Otto, 530; and Timlins t·s. Elliott, above cited." "This question has several times been raised and decided in this court up-­ "Further decisions upon the same point are: Hnrkness vs. Underhill, 1 Black holding the Commissioner's powers. (Garland vs. Winn., 20 How.,S, Lytle vs. 31; Garland t·s. Wynn, 20 How., 6; Gray vs. Stockton,8 Minn., 472; Hill vs: The State of Arkansas, 22 How)." Miller, 36 Mo., 183; Bettis vs. Amonett, 4 La., 363; Pepper vs. Dunlap, 9 Rob. In Barnard tiS. Ashley (18 How., 43), the court said that the power of super· (La.), 283; Kittri.dge vs. Herbert, 9 La. An., 154; Souddy vs. Shaffer, 10 La. An., vision by the Commissioner of the General Land Office "is exercised by virtue 134; McLane vs. Bovee, 3.5 Wis., 27; Haydel vs. Nixen, 5 La. An., 558; Gnidney of the act of Jnly 4,1836, which provides 'that from and aft-er the passage of this t:s. Woods, 19 La., 337; Vance vs. Kohlberg, 50 Cal., 34fi; Resters vs. Brennan, act the executive duties now prescribed, or which may hereafter be prescribed 150 Cal., 211: Smiley vs. Sampson, 1 Nebr., 56; Franklin vs. Kelley, 2 Nebr., 79; by Jaw appertaining to the survey and sale of the public lands of the United Kellon vs. Eas1ey,1 Dillon C. C .• 281, and numerous others." States, or in any wise respecting such public lands, and also such as relate to It must be conceded that the law is well settled that the same rule not only private claims of land and the issuing of patents for all grants of land under the ought to. be applied but is applie~ tvernment of the United States, shall be subject to the super· fer ofpnvateproperty from one md1v1dual to another, What is soughtbyspo· vision and control of the Commissioner of the General Land office, under the liators of the public domain is to induce Congress to ingraft in the sM.tutes the direction of the President of the United States.' principle that the Government cannot avail itself of the common rules of law· "The necessity of 'supervision and control,' vested in the Commissioner act­ applicable to transfers of property between individuals, to assert the somewhat ing under the direction of the President, is too manifest to require comment, ::~.oded doctrine that the United States has no power to protect its own prop- further than to say that the facts found in this record show that nothing is more easily done than apparently t.o establish, by e:~: parte affidavits, cultivation and ~ private transactions bona fide purchasers for value after deed are protected. possession of particular quartel"-Sections of lands, when the fact is untrue. That So 1n respect to public lands. Bona .fide purchasers for value, after patent, are the act of 1836 modifies the powers of registers and receivers to the exten~ of 2044 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 21,. the Comtnissioner's action in the instance before us, we hold to be true. But if emptor, and such questions, if they arise, must be determined by the courts. See the construction of the act of 1836 to this effect were doubtful, the practice under Kissack's case (supra). it. for nearly twenty years could not be disturbed without manifest impropriety. "Purchasers from persons who hold final certificates purchase with notice tha' "The case relied on, of Wilcox 118. Jackson (13 Pet., 511}, was an ejectment suit, the Land Department is but an administrator of the law, and that it has no au· commenced in February, 1836; and as to the acts of the register and receiver, in thority to issue patents to pre-emptorsorentrymen who have not complied with allowing the entry in that case, the Commissioner had no power of supervision, the law or have procured their certificates by fraud. such as was given to him by act of July 4, 1836, aft.er the case was in court. ·• The petition, therefore, so far as it proceeds upon the ground that the peti· "In the next case, 9 How., 333, all the controverted facts on which both sides tioner is a bonafide holder for a valuable consideration, and should therefore be relied had transpired and were concluded before the act of July 4,1836, was protected and patent issue without regard as to whether the pre-emptor com­ passed; and therefore its construction, as regards the Commissioner's powers plied with the law or procured his final certificate by fraudulent practices, under the act of 1836, was not involved, whereas, in the case under considera­ must be denied. tion, the additional proceedings were had before the register and receiver in "The petitioner, however, alleges that the final proofs of the pre-empt<>rs com­ 1837, and were subject to the new powers conferred on the Commissioner. plied strictly with the law; that the proofs taken upon the hearing ordered, "In Vaquire 1l8. Tyler (1 Bhlck, 195}, the court recognized and affirmed the and npon which the entries were canceled by your office, were uncertain, in­ 'plenary powers conferred upon the Commissioner by the act of July 4, 1836,' definite, and not sufficient to authorize such action; and that he had no notice nnd said that the powers of the Secretary of the Interior under the act of March of such hearing. 3, 1849, to revise on appeal is 'necessarily coextensive with the powers to ad­ "This Department has recognized the right of the purchasers to appear and judge by the Commissioner.'" be heard upon the question whether the entry-man has complied with the law In Shepley w. Cowan (91 U. S., 340), the court say: (Whitaker, ex rel. Garretson, 11s. Railroad, supra.) Such a purchaser would be a "The officers of the Land Department are specially designated by law to re­ proper if not necessary party in a bill t<> cancel a patent alleged to have been ceive, consider, and pass upon proofs presented with respect to settlement upon procured by fraud." the public lands with a view to secure the rights of pre-emption." Therefore, the principles settled by the courts are that the action of registers In the case of C. P. Cogswell, decided by Secretary Teller July 21, 1884., it was and receivers in admitting an.entry of public lands is not conclusive, but is sub­ said: ject to review by the superior officers of the Land Department, by appeal in "In the case of Moore 118. Robbins (96 U. 9., 530} as to one to-acre tract there cases of contest between private pa.rties, and as a matter of executive supervis· tmder consideration, there had been two sales and two final certificates issued ; ion in cases not of individual contest; that the latter are cases between the Gov­ one to the pre-emptor and one to a purchaser at a public sale. The court held ernment and the entry-man alone; that assignees before patent have no stand­ that the Secretary of the Interior (the contest having reached him on appeal} ing as innocent purchasers; that tne right of the entry-man to sell after certifi­ • had t.he authority undoubtedly to decide finally for the Land Department who cate has issued and before patent, is simply of such interest as he has; no more; was entitled to the pa~t; and though no patent has been issued, that decision that until patent issues on pllblic-la.nd entries the legal title to the land remains remains the author1tatfve judgment of the Department as to who has equitable in the United States; that the Commissioner of the General Land Office may re­ title to the land.' As to the other forty, patent having been issued, the decision ject and cancel unpatented entries for illegality and fraud; that this is necessa­ held that all jurisdiction had passed to the courts. rily an act of executive jurisdiction; that the duties of supervising the disposal "In the case of Harkl!ess w. Underhill (1 Black, 816) an entry had been made of public lands are executive duties and are not the subject of judicial interfer· and a final certificnte issued and recorded in the county recorder's office, when ence; that the question of passing the title of the United States upon an entry of the question was raised whether the entry, having been allowed by the regis­ public lands under the public-land law is essentially a question of executive and ter and receiver, could be set aside by the Commissioner. The court held that not of judicial determination ; that the point where the jurisdiction of the courts the question had several times been raised and decided in the affirmative by begins is the point at which executive Jurisdiction ceases, namely, after patent that court, and cited Garland w. Wynn (20 How., 6) and Lytle 113. State of Ark­ has been issued, when, in a properproceeding, the courts may intervene to cor­ nnsas, ,9 How., 314). rect the errors of executive actiOn; and that it is only aft.er the conveyance ot "In the case of liorace Whitaker, e:x: rel. Nathan H. Garretson, 118. Southern legal title by pat-ent that purchasers for value are protected by the courts. Pacific Railroad Company, decided by this Department in July, 1880 (2 C. L. L.1 919}, Whitaker was the pre-emptor, who had made proof and payment and baa This, sir, is, as I believe, the settled law of this matter; it is well un­ received a. final receipt. Garretson was a bona fide purchaser of the land from Whitaker, and held under a deed executed by him some months after he received derstood and works well in the Department, and is only complained of the final certificat~. Upon a hearing ordered and had subsequently to the issu­ among those interested, by such as are evading the plain, easy terms ing of the final certificate, it was found that Whitaker's pre-emption affidavit and of the law. pre-emption proofs were false and fraudulent, and upon such finding it was held that 'Garretson's claim, so far as the Department was concerned, was defeated.' There never has been any difficulty in the execution of the law un· It was further held, • that the doctrine of bona fide purchaser is not applicable to til the last year of Mr. McFarland's administration as Commissioner one who purch88es of a pre-emptor before patent; that such purchasers must of the General Land Office. Then applications for patentB upon these a.bide by a disposition of the cases by your office or this Department; that they take no better title than their vendors have; and that your office and the De­ fraudulent entries came in so rapidly, volume after volume, that finally partment had full authority to cancel pre-emption entries for invalidity and it came to be noticed in' the Interi01· Department that there was some­ fraud.' thing wrong. "The case of Margaret a. Kissack, decided by this Department in September, lBIKI (2 0. L. L., 421) was that of a commutation of a homestead entry. Kissack The inquiry was suggested, "Why is it that so many of these entries purchased the land by deed, and claimed • that patent ought to issue for her are coming in?'' For it was noticed that frequently hundreds and benefit as a bonafide purchaser for a valuable consideration.' It W88 found that hundreds of them were made on the same day-made by men living Frazier, the entry-man' had failed to com ply with the requirements of the home­ stead law,' and it was again held that • Kassack purchased no better title than in a locality thou....qands of miles away from the land. I have now in Frazier had, and took subject to the action of your office upon the entry.' my mind one made by citizens of Cook County, Dlinois, in the interest "In Root w. Shields (1 WooL, 340) the sale was made after entry, but before of a prominent merchant of that city; ninety-eight entries, I think, patent. Mr. Justice Miller states in his opinion that some at least of the • defend­ ants purchased and paid their money without any knowledge in fact of any purporting to have been made in a single day by citizens of that county. defect in the title. Yet they are not bonafide purchasers for a valuable consider­ Upon an investigation, these gentlemen said, "We were never out ation without notice in the sense in which the terms are employed in courts of there at all, and do not know anything about it.'' Some of them were e~uity.' • Congress h88 assumed that your office h88 the power to cancel entries after employes of this merchant, who stated that they signed the paper be­ payment and final receipt, by providing, in many instances, for the repayment cause they had been requested to do so. of the purchase-money • upon the surrender or the duplicate receipt.' Thus, when the Department began to look into the matter, it was "The petition sets forth that the laws of Minnesota, where the lands in ques­ tion are situated, declare that thefinal receipts shall be received in the courts 88 found that these things were being done in a manner to constitute a prima facie evidence of title. But the courts of Minnesota have repeatedly de­ fraud upon the system. These applications were held up, not by a cided that 'parties purchasing from pre-emptors before the issuance of the pat­ formal suspension, but there was delay for the purpose of examination. ent take subject to the authority of the Commissioner of the General Land Office to cancel the pre-emption entry and defeat the rights acquired by it.' See Ran­ And there never has been a complaint made of the pmctice of the De­ dall 113. Edert (7 Minn., 869), Gray""· Stockton (8 Minn., 472). Both of these cases partment in this m.atter-a practice authorized by the law of 1842, and show that after payment and final receipt the lands had been transferred several sustained by uniform decisions of the Supreme Court of the United times, and at the time the entries were canceled were obviously held by bona fide purchasers for valuable consideration. States-until within the past two or three years, when the cry bas "The practice of your office and the law as Rettled by the courts is not incon­ gone up for a change in the remedy, and when made by parties in in­ sistent with the character of the title which arises upon payment and final cer­ terest, always, mark the word, always by those holding donbtful claims. tificate, conceding, as we do, that the • ri~ht to a patent once vested' is 'equ!\·­ For, Mr. Speaker, in all my experience here I have never known of alent to a patent issued,' and that a certificat~ can no' more be canceled by the United States than a patent.' a half dozen cases of complaint against the present system made by "GeneralJy, thent.a patent may be canceled for the same causes that would men claiming 160 acres or less of public land; the complaints that authorize the cancellation of a certificate. For instance, a patent may be can­ celed 'if there be any equitable reason as against the Government' why the pat­ have come to my knowledge are always by speculative holders, money­ entee should not retain the patent; • if it has been issued without authority of lenders, or parties claiming large areas of land. the law or by mistake of facts or by fraud of the grantee, the United States can Again, gentlemen here assume that the settler is deprived of any by a bill in chancery have a decree in chancery annullinge the patent.' 'Nor is fraud the only ground upon which a bill will be sustained. Patents are some­ hearing; that every proceeding before the local land office is ex parte. times issued unadvisedly or by mistake, where the officer has no authority in The gentleman from Kansas [Mr. PETERS]-and what he said was said law to grant them, or where another party has a higher equity and should have deliberately, for I noticed that be was reading a prepared speech f.rom received the patent; in such cases courts of law will pronounce them void.' manuscript-cited a case which he said was typical of the entire situ­ (See United States11s. Stone (2Wall.,535), United Statest~s. Schurz (102 U.S.,404). . "If the patent has issued, the jurisdiction to make cancellatiOn is in the ation-a case in which the original entry-man sells out to another man, ~ourts; and if your office has improperly issued a patent, it can not issue a sec­ who goes into possession, builds his house, plows his land, plants his ond while the first remains outstanding (Moore 118. Robbins, 96 U. S., 530). "But, as we have seen, your office bas jurisdiction for proper cause to cancel orchard, and does everything of that kind in entire ignorance of the entries, after payment and final certificate, before patent. The principle upon fact that some special agent has made a report upon which the original whicll the cancellation proceeds in the case of either final certificate or patent entry was canceled, and he hears for the first time the fact after the is essentially the same; the tribunals are different. "Although your office maybe informed ofthe fact that a pre-emptor (who has entry is canceled, so that this innocent settler is compelled to buy his complied with the law) has sold his land after final certificate, nevertheless it land from somebody who contests his title. Now, let me be under­ will issue the pat-ent to the pre-emptor. The instances are exceptional, and are stood by everybody in this House. There never was a time in the his­ expressly pointed out by statute, where the patent for public lands issues to the transferee. · tory of the Interior Department except, perhaps, about fifteen days, "The Land Department deals directly with the pre-emptors, with Us own ven­ during which a decision of the Commissioner of the General Land Office, d-ees, with the persons with whom it contracts. It can not undertake to follow subsequently overruled by the Secretary of the Interior, was in opera­ the transfers of the grantees, to settle the questions which may arise upon such transfers, and attempt to adjmt the character of alleged bona fide purchasers for tion-with this exception, there never was a time when under the prac­ ..-alue from ita own grantees. The Government issues the patent t-o the pre- tice of the Department, in case of a contest, the entryman has not beeD 1887 • .. .'. !.: :~~ CONGRESSIONAL RECORD-HOUSE. 2045' notified j . and not only he, but every party who may be in possession­ co:asider the ex parte testimony contained: in the agent's report, but in all such· cases where the entry has been regularly made and final certificate issued, the· and everybody whom the Department can ascertain as a transferee or burden of proof is on the Government, and it will be ~equired to establish the mortgage&7-is notified not only with reference to the fact that there is truth of the charge at the time of the hearing by the examination of the special a contest as against the land, but more than that, every one interested agent or such other witnesses as may be produced, so that the entry-man may have the opportunity of cross-examination as allowed by law. This rnle Wll8 is put in possession of the knowledge of what the special agent's re­ clearly announced in the case of George T. Burns (4 L. D.,62), and will be strictly port is. adhered to. See also James Copeland (Ib., 275). I have before me a copy of the notice which is served in such cases. You can see, sir, how accurate the statements are which have been. Here is a form of notice such as was served upon a. cattle company in made with reference to these proceedings by gentlemen who oppose this Wyoming. This is the notice: bill. DEPART:UENT OF THE INTERIOR, GENERAL LAND OFFICE, The gentleman from Nebraska [Mr. WEAVER] asks whythis'should · Washington, D, 0., Feh'T'!W.ry ll, 1887. not go to the courts, as provided in the eighth section. The eighth sec­ GENTLEMEN: Henry R. Hudson made pre-emption cash entry No. 147 Decem­ tion overturns the law of the land by assuming the title is in the hands' ber 8,1883, of the S. E. t Sec. 1, T. 5, R. 38 W., alleging in his proof to have set­ tled December, 1882, surveyed the land, and built a house; has 300 posts for fenc­ of the entry-man when he gets his certificate, as I have shown in the ing; broke 2 acres, It acres cnltivated i value of improvements, &75; residence brieflha.vepresented. That hasneverbeenheld to bethe law. It puts continuous; is a single man; used lana for stock-raising. the burden on the Government in a slow, formal, legal proceeding On December 24, 1886, Special Agent George B. Coburn reported that he had made a personal examination of said tract and found no improvements of any against the party, and in order to show in what the fraud consists and value on the tract in April, 1886, except wire fence, which, according to claim· set out all details of it. · ant's own statement, was made subsequent to proof. Claimant never estab­ In the second place, the Senate bill provides that in cases of fraud the lished a residence on the land. He now has a wife, and is residing at Culbertson, Nebr. The entry was made at the instance and in the interest of one Thomas case must be certified to the Attorney-General, unless the land has been Cooper, who was a stockman having heavy interests in the vicinity of the land sold, &c., then it can not be, thus validating everything that has been in controversy. disposed ofby the entry-man. ' Entryman also admits that the declaratory stat-ement upon which entry was based was not signed by himself; it is, therefore, a forgery. Land was conveyed Mr. PERKINS. Is not the gentleman mistaken as to that? to Cooper September 7, 1883, by warranty deed for 8500, from Coop-er toW. J. Mr. PAYSON. No, sir. I have the printed bill before me, and it McGillen two months prior to September 7, 1883, and has since been conveyed so reads. · ' to the "Harlem Cattle Company." Said entry is accordingly held for cancellation. • Mr. COBB. No; it has not been stricken out; not a word of it. You will give claimant and transferees due notice of this a.ction, informing Mr. PAYSON. In the bill which I have here it is provided- them of the nature and substance of the special agent's report1 as set forth above, That unless it shall appear that the land has been sold or conveyed to a. bona and advising them that they will be allowed sixty days in wnich t-o apply for a fide purchaser for a valuable consideration, the Commissioner shall suspend the hearing to show cause why said. entry should be·sustained, in accordance with issuing of the patent for the same, and file with the United States Attorney­ circnlar instructions of July 31,1885, and that if they fail to show cause why this General notice of such suspension of the patent, with his reasons therefor. entry should be ·sustained the same will be finally cancelled. Resp-ectfully, Mr. STRAIT says so, and Mr. CoBB says not. WM. A. J. SPA.RKS, OJmmissioner. Mr. COBB. I assert as a matter of fact it never was stricken out or REGISTER AND RECEIVER, McCook, Nehr. agreed to be stricken out. · Mr. PERKINS. The gentleman is mistaken in that, I think. Similar notice is given in all cases under an imperative order of the Mr. STRAIT. The Senate conferees did agree to strike it out. Commissioner. Mr. COBB. I say they did not. What more can be asked? . The claimant and transferees are given Mr. STRAIT. Well, I say they did. due notice of this action. They are informed of the nature and sub­ Mr. PAYSON. Mr. Speaker, whether that is true or not, it does not stance of the special agent's report, as set forth above. Not that there weaken the argument, because it provides (that is, the amendment as is simply suspicion against him, bu~ the substance of every fact the now written) that in those cases wherever there is fraud discovered to General Government has against that man, and advising them that the satisfaction of the Commissioner, if the party claiming the title they will be allowed sixty days in which to apply for a hearing and shall request it in writing, it shall be the duty of the Commissioner of show cause why said entry should be sustained in accordance with cir­ the Land Office to hold the entry for cancella.tion: and certify the entire­ cular instructions. matter in dispute to the Department of Justice for adjudication by These notices are served on everybody interested. Then comes the legal proceedings, in which case the United States shall be made the hearing. Now, members will assume from what has been said by gen­ plaintiff, throwing the burden of proof upon the Government, and the tlemen living in the vV est these hearings are ex parte, and that the bur­ party claiming title the defendant, and the trial shall be proceeded den of proof is upon the entry-man to show what he has done was done with under all the ordinary forms oflaw. Now how will this operate in good faith. Everybody, I doubt not, within the hearing of my voice, if this provision of the bill should be adopted by the House? listening to this debate, with the exception of the gentleman from Take, for instance, the Swan Cattle Company, of Wyoming, cover­ Maine [Mr. REED], to whom I showed this paper-but we will come to ing an area. as large as Rhode Island. 'fhey hold their lands by as­ that after awhile--everybody, I say, within hearing of my voice be­ signment from men who have removed-no one knows where. Nobody lieves that the entry-man has to go there and make what proof he can. knows where they are, and it would be impossible to reach them. You Now, what has been the settled law by the Department-and I have a have then to assume the responsibility of filing a bill that there was decision in my hand showing exactly what it is; and perhaps I can not something wrong in the original entry, and undertaking to litigate as occupy the time of the House better than in correcting misapprehen­ against the parties in possession who merely assert in response to your sion as to what the proof is. In the first place, there must be notice in plea. that they are purchasers in good faith and that they are to be pro­ it, the substance of the report of the special agent, stating the facts, and tected in every right. I think that is the exact language of the bill: setting apart a. time for the hearing. And all purchasers under the original claimant shall be made parties to such If the claimant or party in interest, purchaser or mortgagee fails to proceedings, and may defend in their own right. appear at the hearing, then the entry is canceled, but in all cases with That is the language they put in. Now, where is the necessity for the right of appeal; but if in reply to the notice the claimant or any such a proceeding? It is practically an impossibility on the part of party in interest offers to show cause, the hearing is orflered. Then be­ the Government to do this. The Government practically makes a. pres­ fore .the claimant is required to offer evidence on his part the Govern­ ent of the lands to the men who will go and occupy them under the ment presents its testimony, and instead of the burden of proof being present laws. It imposes no hardship upon them to make the proof upon the entry-man the burden of proof is put upon the Government, required to the satisfaction of the officers of the Government, and if at and it is required to establish the truth of the charge by such witnesses the end the Secretary of the Interior shall refuse to recognize their as may be produced. rights upon appeal, the party may always, for the courts are always A MEMBER. Then the report is only advisory. open, go into the courts for the maintenance of the rights he may claim Mr. PAYSON. It is only advisory; is not treated as proof on the to have,-and which he alleges are interfered with. The Government hearing; and, moreover, the entryman is put in possession of every fa-ct should have control of the land till the title passes, as a matter of the Government has. It notifies the entryman of exactly what charges public policy, and purchasers from the entry-man should see that he has he is required to meet. performed. This is the well understood law and it ought not to be This, sir, is the official direction to officers in cases of alleged fraud, changed. or contest on account of it: Every person with whom I have been brought in contact who is in When from the report of 1\ special agent. it appears that an entry is fraudu­ favor of the perpetuation of the present system, and others who are in lent, or from any other cause its validity shonld be inquired into, such entry ignorance of the exact condition, but who doubtless desire to do right should not be canceled upon the report of the agent or the testimony accompa­ nying it, but shonld be held for cancellation, and the entry-man should be noti­ in protecting the public domain, admits that only by such means as the fied of such action and allowed sixty days in which to apply for a hearing to House proposes can we retain the small remnant of our public lands for show cause why the entry should be sustained; and if it appears from the report the benefit of future settlement. of the special agent that the entry has been transferred, the transferree shall also The Secretary of the Interior has carefully exa.mlned this section, be notified as well~ the original entry-man. If at the expiration of such time the claimant fails to apply for a hearing to show cause, the entry should then be and summarizes his objections to it as follows: can~eled · by the a'!tion of your office. . . The provision in section S,lines 17 to 22, requiring judicial proceedings to can· But if in response to such notice, the claimant offers to show cause why the cel a final entry, I tot-ally disapprove of for the following reasons: First, it is a entry should be sustained; a hearing should be ordered, at which the Govern­ radical departure from the letter and the spirit of all former land laws; second, ment should offer proof to sustain the allegation that the entry is illegal or it· assumes that t.itle passes out of the United States by an entry or location. frau~ule.nt before the entry-man shall be required to present his defense. Such whereas both the DeJ>artment and the courts have almost invariably held to the heal'ID&' lS a proceedin~ de novo, at which the register and receiver should not contrary; third, it divests the Land Department of a jurisdiction over entriel ....

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2046 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 21,

which it has ahvays exercised, which does and ofright ought to belong to it until go to the court and the United States Government must be plaintiff. I the issue of patent, and for the exercise of which adequate quasi·judicial ma-­ chiuery bas been or may be devised; fourth, it will provoke am ulti plicity of suits, appeal to my colleague, the gentleman from Missouri, as to the accu­ since it contemplates a complete trial in the Land Department and another in the racy ofmystatement. courts, with the result of an increase of expense both to the claimant and to the Mr. STONE, of Missouri. The gentle.n:mn's statement is entirely Government; fifl,h, it will prolong controversies over the issue raised, often for several years, whereas the preliminary trial, with the appeals, must also usually correct. consume one or more years, and it will thus tie up the laud for an unnecessa.rily Mr. PAYSON. It is intended by the Senate to divest the Interior long period in the hands of persons adjudged by the Department to have en­ Department of this power which it has exercised rightfully and pro~ tered by fraud, and to the great and often irreparable damage of other and bon.a fide adverse claimants; sixth, it will result in flooding the courts with the erly under the law since the origin of the land system. But I believe already great quantity of contested entries, whose number will be vastly aug· with the firmness of a religious conviction that the best interests of this mented by the resistance of those fraudulent entry-men who nownever take an country would be endangered by divesting the Department of all that appeal when their wrongdoings have been exposed; seventh, it will discourage the institution of contests, for it will create delays and flna.lly take the conduct power and setting all these things afloat on the sea of litigation, under of the cases away from the contestants, who are under existing laws the best the direction of the Department of Jmtice, putting the entire burden safeguards against fraudulent entries, which are so readily made by reason of on the United States Government as plaintiff in formal litigation. the ea; parte proceedings at final proof; eighth, it is opposed to sound policy for the reason that the surest guarantee of bon.afide settlement and entry is facility1 How long would it take to flood every court in the land with all these of contest, followed by a. swift, sure trial, and a summary cancellation upon cases now pending in the Interior Department? proof of the fraud. Undertheeighthsection thousands of entries involving many millions I am of opinion that this provision, which would be an incentive to and a pro­ tector of fraud, should be eliminated, and that instead thereof the following pro­ of acres of lands in the Territories would be transferred to the Depart­ vision should be inserted: "The Commissioner sha.ll suspend the issue of pat­ ment of Justice. ent and hold the entry or location for cancellation, with right of appeal to the Mr. Speaker, I yield to no man in my desire to stand by the working­ Secretary of the Interior; and if appeal be not taken as prescribed by the regu­ lations, or if the Secretary should affirm the decision of the Commissioner, the men of this country, and by the men who are out on the frontiers en· entry shall be canceled and the land and all moneys paid therefor shall be for­ deavoring to make their homes there under the beneficent laws of the feited to the United States." General Government. Where, then, is the demand for this kind of legislation proposed by I have liv~ too long in the great West, and have had too many ex­ the Senate? I do not know, except the three or four gentlemen from periences in common with them, to have any other feeling. KansaB and the gentleman from Nebraska. I do not knowof anybody I have not forgotten the days of my eaJJ,y boyhood. I went to Illi­ who is opposing the proposition of the Public Lands Committee; but I nois when it was thefrontier; while_thelndianswere still in the Green do know, sjr, that there has been a demand from all over the land for River country and in sight from the door of the little log-cabin erected the repeal of these vicious laws as independent propositions that this by my father for our home. My experience till early manhood was House and the Senate of the United States ought to heed. that of all others who in poverty led the life of toil incident to all I speak within bounds when I say that now in the room of the Com­ farmers under like circnmstanees. mitteeon the Public Lands there are petitions filed bymore than 150,- With these experiences fresh still in my memory, let no man say that 000 voters of this country demanding the entire repeal of these laws. by any ad of mine a straw shall be laid in the way of the man who has More than 150,000 voters of the laboring men of this country have pe­ endured the privations of building up a home under such circumstances. titions for the passage of this bill repealing the pre-emption law, the But I stand here as I have done for six years, in the way of the torrent timber-culture law, the commutation feature of the homestead law, of robbery, perjury, and crime that has swept over the land despoiling and the desert-land act. It seems as though that wave of public sen­ the Government of what it should preserve to future generations for the timent is spending itself wHhout results. benefit of the homeless and the landless. [Applause.] It is the old contest of capital against popular sentiment, and, as [Here the hammer fell.] usual, it looks as if capital would win. Mr. STRAIT. I have section 8 here as proposed to be amended by It is the struggle of the monopolist against the people, and, as mual, the Senate and the clause which was referred to is stricken out as the the people must, it seems, yield. gentleman from lllinois found when he came to read it; lines 15 and By delay, inaction, and insisting upon all sorts of amendmenf.c:l, this 16 have been stricken out of the bill, and that was as proposed by the bill will probably be killed again, and nnder the provisions of these Senate conferees. · laws and the frauds rendered possible by them, the process of making Mr. OOBB. I do not think it amounts to much what we have agreed millionaires and paupers at the same time will be continued. to or what we have not agreed to as we have not agreed on the main Immense estates are being created which will in time breed trouble proposition. But I say emphatically no such proposition came from the in this land. Senate conferees as the one suggested by my colleague on the conference It seems to be regarded by some that it is of more importance to have committee, and in making that statement I think I will be borne out grazing grounds for immense herds of cattle, secured by capitalists il­ by the gentleman from Missouri [Mr. STONE]. legally, than to preserve the lands for homes for men and their families; Mr. STRAIT. The gentleman from Indiana is entirely mistaken. I but I shall continue to keep up my protest and perform my duty so have the bill here as prepared by t}le Senate conferees. long as my voice can command attention or my vote exert an influence. Mr. COBB. Yes; but it never was presented to us. Sir, no attention is paid to these monster petitions of the laboring Mr. STRAIT. The proposition was made to the House conferees. men, nor to public sentiment as shown by the newspapers of the land Mr. COBB. I do not desire to engage in a controversy about it. I and the votes in this House; but we, your committee, and the strong say it is not true, and I stand by that assertion. majority in this House, on both sides of the Chamber, are endeavoring, Mr. STRAIT. I say it is true. They did propose it. in obedience to that sentiment, to pass this bill; and if the time shall I yield to the gentleman fromNebraska[Mr. L~D] forfiveminutes. come when a change in the form of remedy shall be deemed expedient Mr. LAffiD withholds his remarks for revision. [See .Appendix.] we propose 1A> present for the consideration of this body that kind of a Mr. PERKINS. Mr. Speaker, I believe I have three minutes left? bill which we believe to be proper and right to pass. We do not be­ The SPEAKER. The gentleman has four minutes remaining. lieve that this is such a bill. We believe that it would be subversive :Mr. PERKINS. Mr. Speaker, I simply desire now, in conclusion, to of the very best interests of the Government, and in that we have the call the attention of the Honse to the fact that the controversy, aa I approval of the Secretary of the Interior, Mr. Lamar, and the Com­ have before suggested, is as to whether or not these men occupying missioner of the General Land Office, Mr. Sparks, and their predeces­ these lands, these innocent purchasers, whether these settlers shall sors in office for tour years. be given a hearing in court before they are stricken down and all they Mr. LONG. If the eighth section is objectionable, can yon not put have in the world is taken from them. That is the question and the it in some form so as to preserve to actual settlers or purchasers the right only one. The gentlem.anfromlllinois [Mr. PAYSON) admits that the to go into court for the purpose of settling title? Senate conferees have agreed that the timber-culture act and the pre­ Mr. PAYSON. I have said, Mr. Speaker, that we have offered that emption act shall be repealed, and the only question between them and to the Senate in our proposal to it, to validate all entries in the hands the House conferees is, shall this right which we are contending for be of purchasers who were settlers, and that has been refused, and a care­ extended to these settlers and bonafide purchasers? ful section was drawn by the gentleman from Missouri [Mr. STONE] and Has the gentleman from illinois given any reason why that should I had something to do with suggesting it, the substance of which was not be done? He has indulged, as I suggested he would, in the cry of that in any case such as the gentleman from Massachusetts suggestB, the "fraud." He has attempted to_ frighten gentlemen upon the floor of party would have the right on his own motion to go into any court he this Home by that specter; but shall we be deterred from discharging might choose, and a notice sent by the clerk of thatcourttotheSecretary our duty by such an appeal as that? Does the present law give any re­ of the Interior should be regarded as a sufficient notice to the Govern­ lief to these people? The gentleman will consent, if he consents to that ment, and thereupon the court should have jurisdiction, and could go which is true, that these settlers have no appeal from the decision ofthe on and settle the question according to the judicial practice of the coun- Commissioner of the Land Office to the Secretary of the Interior when try in other cases. . their interesf.c:l are stricken down. They have no compulsory process by That proposition was offered the Senate conferees, and they, I was which they can bring their witnesses into court, or into the Land Office abouttosay, almost scornfully refused to entertain it. Theyasserted, as to defend their rights. The register and receiver have no power to com· do some gentlemen on this tloot, that they never would assent to any pel the attendance of a. witness in the interest of the settler, and, aa I proposition that allowed the Interior Department to have any revising have suggested, when the right ~f the settler is stricken down by the power over the entries of the public lands as to facts presented after decision of the Commissioner, the settler has no appeal to the Secretary the receiver had issued his certificate; that everything of the kind mmt of the Interior. 1887. CONGRESSIONAL RECORD-· HOUSE. 2047-

, All that is conceded to him under the present practice is the poor remedy to ita humblest citizen. I appeal to this House, I appeal to privilege of bringing his witnesses to the local land office and estab- the Public Lands Committee that they will not let their bias or their lishing his right again, if he can. The original settler may have moved pride of opinion, which may be bias, for the gentleman says he has away, the witnesses mayhave'died-no matter what the circumstances stood here in opposition to this thing for six years-! appeal to them are, the man has no opportunity to defend himself, and no remedy ex- that they will not let their bias or pride of opinion stand in the way of cept the inadequate one which I have stated. Under the present prac- any wholesome or adequate remedy for such wrongs as they have por­ tice the decisions in the Secretary's office are much delayed, and if trayed here as being perpetr.tted in procuring title to the public lands these entries are to be suspended and the present practice is to continue, of the United States. I appeal to that committee again that they a{}­ when can the settlers have an opportunity of being heard? In what cept this amendment, wholesome as it seems to be, so that we may vista of time can they have a chance to defend their rights? All that have some remedy for the existing evils. For it is now evident that we ask on their behalf is that they, as honest men, which we know the they must do so or we shall have no repeal or other legislation by this very great majority of them to be, shall have an opportunity to vindi- Congress, which is now fast drawing-to a close. I suggest that their cate themselves and their rights in court. That is all, and that is the present position in this matter ifpeTI!isted in and adhered to will but point of controversy, and the only point of controversy at issue here. result in no relief at all, as has their action upon another measure pend· (Cries of ''Vote ! '' Vote ! ''] ing in this Congress-I refer to their action upon the bill to declare a .1\fr. STRAIT. Mr. Speaker, how much time have I? forfeiture oflands granted to the Northern Pacific Railway Company. The SPEAKER. The gentleman has five minutes. When the Senate bill forfeiting about 6,000,000 of acres of the un- ]')fr. STRAIT. I yield the balance of my time to the gentleman from earned lands of that grant ca.me over to this House and was referred Minnesota [Mr. GILFILLAN:r. to this same Public Lands Committee, they substituted for it and Mr. GILFILLAN. 1\'Ir. Speaker, I have listened as patiently as I reported to this House another bill (which they well knew never could to the discussion of this bill, pro and con, hoping that some result would pass the Senate) declaring a forfeiture of over 30,000,000 or conclusion might be reached in the way of practical legislation that acres of that grant, five-sixths of which had been fairly and in good would be in the lineofreformand progress. We havecometothepoint faith earned by the railway company, and in that form the committee in this discussion where we must recognize the actuaJ. condition of urged and procured the passage of the bill by this House. It wentto things as it exists to-day. It is alleged that in practice under exist- the Senate, andofcoursewasnon-concurredin, and went into conference, ing law for the administration of the Land Department and in the where it_sleeps to this day and probably will sleep there forever. In procurement of title to the public lands, fraudulent practices are re- the mean time the railway company is pushing the construction of its sorted to and do exist whereby the Government is defrauded. It is road and earning more of the granted lands, and thus placing them also alleged, on the other hand, that wrongs and hardships are inflicted beyond the power of Congress to declare a forfeiture. The policy of the upon honest and bonafide settlersnponthepnblic lands bysecretngents committee seemed to be to go too far and perpetrate a great wrong, of the Government, and that the rights and titles of such settlers are or else to do nothing at all. invaded and placed in jeopardy by such officers upon ex parte reports Now, Isubmitinall candor, Mr. Speaker, that bythiscourseofpro­ or affidavits, and without an opportunity to be heard or other adequate cedure, which this committee seems wedded to in both of these mat­ remedy-for the redress of such wrongs. Now, if these allegations be ters, to do things in their own way or not do anything, the country will true, it is certainly high time that we should find some remedy for the get no relief whatever from the evils complained of and acknowledged existing evils. If all the frauds portrayed here by the distinguished to exist. It will result in no legislation whatever, and the country gentleman from illinois [Mr. PAYSON] are going on as he alleges, then will justly hold us responsible for doing nothing and for affording them I appeal to him and to the Public Lands Committee, of which he is a no relief, when a just measure of relief is at hand, and offered to us to member, in Heaven's name to give us some practical legislation to stop accept, but which we refuse. I hope the House will instruct its con­ them. ferees to recede from their position and accept the amendment tendered Mr. P A. YSON. We will do that by repealing the laws under which by the conferees of the Senate, to the end that a repeal may be had of they are practiced. these laws, which have become obnoxious by reason of the abuses which Mr. GILFILLAN. ·And I appeal to him not to be biased by any have grown up under them, and to the end that the remainder of our · prejudice or prevented by any pride of opinion from acting upon any public domain may be reserved and preserved for actual settlement by practical suggestion, even .though it may come from the other end of bona fide settlers. the Capitol. The SPEAKER. The gentleman from Indiana [Mr. CoBB] has now As near as I can understand it from· the argnmenis upon this floor twenty minutes. and from the conferees of the two Houses, they all agree upon there- .1\fr. COBB. I yield five minutes to the gentleman from New Jer- peal of these existing laws, and the only substantial difference between sey [Mr. McAnoo]. them is whether the question of alleged fraud in case of any entry of Mr. McADOO. Mr. Speaker, I do not wish to delay unnecessarily land heretofore made shall be finally tried by and in the Department a vote on this question. It seems to be admitted on both sides of the of the Interior, as contended by the House conferees, or whether the Chamber that frauds have been perpetrated under the provisions of settler or his grantee or mortgagee, as the case may be, in case his title the land laws which it is now proposed to repeal; and the general is attacked for alleged fraud, shall have the right to remove the cause sentiment of the Honse, agreeing with the general sentiment of the into the proper court and there have his rights adjudicated and deter- country, seems to be almost unanimous in favor of their repeal. The mined by due course oflaw, as proposed by the conferees of the Senate. House passed a bill whereby these laws were repealed and the set­ This is practically thE! only question of difference between the conferees. tler upon the public lands was left to deal with his benefactor, the Now I have listened patiently and carefully to the labored and able Government of the United States. Title to the public )ands is ac­ argument of the gentleman from illinois [Mr. PAYSON], and I certainly quired primarily by honest settlers, and free of charge. The settler am unable to see why the interests of all parties can not be fully and goes upon those lands free of cost. The Government, representing the fairly protected under the operation of the amendment tendered by the people, owns the land; and I, for one, can see no injustice in leaving Senate conferees. Whythis House or theGovernmentshonld be afraid him and those who acquire title by purchase from him to deal with or unwilling to give anybody a fair hearing in its courts passes my com- the Government of whose beneficence he and they reap the fruit in prehension. taking advan tate of these laws and becoming the possessor of' those I have listened carefully to the discussion to hear whether any valid lands of the people. No honest, upright settler in good earnest is reason could be urged by the distinguished gentleman from Illinois afraid that the United States Government will cheat him out of his against that mode of procedure, but I have heard no such reason. The lands, p~ovided he fulfills the necessary conditions of settlement. No only question here is whether or not this question of alleged fraud such settler was ever so cheated. which enters into the validity or invalidity of these land titles shall The Government has cheated no one; bntawholetriheof freebooters, be tried by any executive officer of the Government upon evidence shylocks, and foreign landlords have been cheating the people. which is more or less e:c parte, or whether we shall give to any party Who are crying out in favor of this amendment and against the bill who desires it an opportunity, where the title to his property is at- as originally passed by the House? Not the bona fide settlers on the tacked, to go into court, where he cau have the privilege,of confronting public lands. Where are the petitions before this House to back the in­ his accusers and the witnesses produced against him and subjecting dignant statements of gentlemen who are in favor of this Senate amend­ them to the crucial test of a cross-examination. ment? What is the meaning of this amendment? It simply means Why should the Government fear the result of such a proceeding? circumlocution, delay, and red tape, and final escape of the dishonest Why, sir, that is a privilege which is not denied to the meanest sneak- land thieves, as against the direct method of allowing the Land Com- , thief who seeks to rob your chicken-roost under cover of the darkness, missioner to deal with these settlers on the public lands, and the pre­ or to any other dccused person up through all the gradations of crime vention of frauds. I venture the assertion here to-day that never in· to the miserable crank who shoots down a President at noonday. To the history of the administration of the public land laws was one honest none of these is the right of trial by jury denied. Why, then, will you man, a bona fide resident of the lan.d which he settled, injured by the deny it to the poor settler upon the frontier, whose home, whose sub- administration of these laws by the Land Office. Misunderstandings stance, whose all, perhaps, is threatened to be taken away from him and delays inafewcasesmaybe, bntactuallyrobbery ofthehonestpio· upon the testimony of witnesses whom he can not have an opportunity neer, never! to confront·~ . The people who are indignant against this bill as it passed the Honse, It seems to us beneath the dignity of this great nation to deny such a . and who are in favor of this Senate amendment, which means security .

• 2048 CONGRESSIONAL RECORD-HOUSE. FEBRUARY- 21, to past frauds, hinderance of honest methods, and general circumlocu­ was finally taken on an appeal to the Secretary of the Interior. The tion, are the loan brokers and land grabbers of the West, and the land decision of the Secretary on such appeal is final, except by some of the pirates of the East and of Europe, who have gone out into the great processes that have been resorted to and hich are objected to by some western country and absorbed millions of acres of the public domain. gentlemen on account of their expensive ess. Why, Mr. Speaker, under the corrupt practices and the mythical and Now, the eighth section of the Senate amendment proposes to take fraudulent settlements that have taken place under the pre-emption these cases ont of the general course, if the entryman desires it, and and timbel"-culture acts, we have to-day a number of British noblemen compel the General Land Office to certify the case to the .Attorney­ who own princely estates in the Territories of the West. .And such General, who shall under such circumstances take certain steps which noblemen ! If the British aristocracy are to get a foothold upon the are prescribed by the act in question, as follows: public lands of the United States, in the name of all that is good let And it shall be ihe duty of the Attorney-General to commence proceedings at us have a choice· as to the quality and kind of such nobility that shall once in the proper court to set aside such title if in his judgment such proceed­ make these entries through the instrumentality of their agents or serv­ ings can be maintained. ants. I have before me the English Financial .Almanac for 1887. That is the trouble. Now, sir, this is a new departure. The role Referring to the list of the Hoose of Lords I find it stated here, in con­ has been, and is now, that in respect to patents granted on fraudulent nection with the peerage of Great Britain, that the Duke of Sutherland entries the .Attorney-General must for that reason file his bill on the owns to-day one-half million acres of land in the United States-got­ equity side of the docket of the United States court for the purpose of ten how? Gotten in all ·probability as the result of fraudulent entries vacating it. This proposition would change the rule and make him under the timber-culture and pre-emption acts, through the assistance file the bill to test the question of fraua_ when the title has not yet of a· hired gang of swearers, resorting to all the means depicted so been given to the entryman, but is held by the Government in abey­ graphically and ablybythe gentleman from Illinois [Mr. PAYSON]. ance. It makes the Government of the United States take the initia­ .And who is the Duke of Sutherland? .A man whose ancestors cleared tive; and, in my judgment, would be unwise and in>olve the Govern­ from t.he Highlands of Scotland over fifteen thousand people under the ment in a number of suits brought by the Attorney-General to test guise of English law, and with a barbarous cruelty scarcely credible, the question of whether these entries were fraudulent or otherwise. almost the entire population of his vast estate, from their hereditary It seems to me it would be infinitely better to let the law stand as it holdings under Gaelic customs; expatriated and exiled from their be­ is, with the addition of a provision that in the event of the affirma­ loved mountain country one of the bravest, simplest, and most indus­ tion of a declaration that the entry was fraudulent, by the lower of­ trious and virtuous portions of the Celtic race on the globe, to give ficers on the part of the Secretary of the Interior, for the conferees to place to cattle and sheep--who made a region

• '

1887. OONGRESSIONAL RECORD-HOUSE. 2049 to the Senate amendments, and upon that I move the previous ques­ the committee had examined and found truly enrolled bills of the fol­ tion. lowing titles; when the Speaker signed the same: Mr. PERKINS. Pending that motion, I move that the House re­ A bill (H. R. 4535) granting a pension to Adeliza Perry; cede from its disagreement to the eighth section of the bill as amended A bill (H. R. 5652) for the relief of James W. Goodrich; by the Senate, and that the Honse assent to the same with an amend­ A bill (H. R. 6764) to provide for holding terms of the United States ment, which I will offer. courts at Vicksburg, Miss. ; .Mr. PAYSON. Is the motion of the gentleman from Kansas [Mr. A bill (H. R. 7209) to authorize the construction of a graveled road PERKINS] in order ? to the Richmond national cemetery, near Richmond, Va.; The SPEAKER. It is; and motions having a tendency to bring A bill (H. R. 8880) to authorize the construction of a bridge across &bout an agreement between the two bodies have preference over others. the Tennessee River at or near Chattanooga, Tenn.; Mr. ADAMS, of illinois. I desire to make a parliamentary inquiry. A bill (H. R. 10091) for the construction of a stable for the use of the The SPEAKER. The gentleman will state it. horses and wagons for the nse of the offices of the House of Representa­ , Mr. ADAMS, of Illinois. Is it in order to offer an amendment in tives; substance like that offered by the gentleman from Kansas? The Chair, A bill (S. 1170l granting a pension to Nancy C. Smith; I think, will find that it is not in the precise form that it could prop­ A bill !S. 1326 granting a pension to Caroline E. Pratt; erly go into an amendment of the bill; and yetit expresses a principle A bill S. 1930 granting a pension to John Duffy; and which t.he gentleman from Kansas undoubtedly had in his mind when A bill S. 2308) granting a pension to B:enry Lamer. he made the motion in this form. ORDER OF BUSINESS. The SPEAKER. The motion is in order when made in this form; but a motion to instruct the conferees would not be in order till the Mr. DUNN. I move that the House do now adjourn. motion of the gentleman from Indiana was disposed of: The motion, Mr. SINGLETON. IhaveaSenatejointresolution which I amsure however, to recede and agree with an amendment has priority. The every member will vote for frankly when he hears it read. I ask the Clerk will read the amendment of the gentleman from Kansas. gentleman from Arkansas to withdraw his motion. The resolution I The Clerk read the eighth section as proposed to be amended by Mr. am satisfied will provoke no discussion. PERKINs, as follows: Mr. STORM. I ask unanimous consent that gentlemen having billa to introduce for reference may be allowed to hand them to the Clerk, Sxc. 8. That whenever it shall appear upon the face of the papers returned to the Commissioner's office that a clerical error has been committed, such entry and have them duly referred. may be suspended, upon proper notification to the claimant, through the local Under the leave granted bills were introduced, as foUows: land-office, until such error has been corrected: Provided further, That after final proof of the claimant and the issuing of the duplicate receiver's receipt, if it shall MONUMENT AT OLD FORT TICONDEROGA. be proved to the satisfaction of the Commissioner that fraud has entered into Mr. JOHNSON, of New York, introduced a bill (H. R. 11205) for the the title so acquired by the claimant, the Commissioner shall bold the entry for cancellation, which act.ion shall become final unless within sixty days from no­ erection of a monument on the site of Old Fort Ticonderoga, New York; tice thereof the claimant or other party in interest shall ask in writing for a judi­ which was read a first and second time, referred to the Committee on cial investigation of the case, and thereupon the Commissioner shall suspend the Library, and ordered to be printed. further action in the case of issuing of the patent for the same, and file with the United States Attorney-General notice of such suspension, with his rea.sons SUSAN A. LE!ION. therefor; and it shall be the duty of the Attorney-General to commence proceed­ ings at once in the proper court to set aside such title, if in his judgment such Mr. BURLEIGH introduced a bill (H. R. 11206) granting an increase proceedings can be mruntained: Provided, That nothing herein shall beheld or of pension to Susan A. Lemon; which was read a first and second time, construed to impair the right of any bona fide purchaser or mortgagee of any such land under existing laws and all purchasers and mortgagees of record, and all referred to the Committee on Invalid Pensions, and ordered to be other persons claiming an interest in any such lands under the original claim­ printed. ant, shall be made parties to such proceeding, and mny defend in their own ALEXANDER CUBD. right. This section shall apply to all cases of suspended entries heretofore mf\de under the United States pre-emption, timber culture, and desert land and home­ Mr. McCREARY introduced a bill (H. R. 11207) for the relief of stead acts: Provided, That after the lapse of two years from the date of the issu­ Alexander Curd; which was read a first and second time, referred to ance of the receiver's receipt upon the final entry of any tract of land under the homestead, timber culture, and desert land or pre-emption laws, or under this the Committee on Invalid Pensions, and ordered to be printed. act, and when there shall be no pending contest or protest against the validity UNITED STATES COUBTS IN KENTUCKY. of such entry, the entryman shall be entitled to a patent conveying the land by him entered, and the same shall be issued to him; but this proviso shall not be Mr. LAFFOON introduced a bill (H. R. 11208) to provide for hold­ construed to require the delay of two years from the date of said entry before ing terms of the circuit and ~trict courts of the United States for the the issuing of a patent therefor. . districtofKentucky, atOwensborough, in thesaiddistrict, andforothe"l The SPEAKER. The gentleman from Kansas seems to have sent to purposes; which was read a first and second time, referred to the Com• the Clerk's desk more than one amendment. There seems to be some­ mittee on the Judiciary, and ordered to be printed. thing stricken out from the text in two or three places. DANIEL WARD. Mr. PERKINS. The effect of my motion is that the House recede Mr. TOWNSHEND introduced a. bill (H. R. 11209) for the relief of from its disagreement to the eighth section, with an amendment which Daniel Ward; which was read a first and second time, referred to the ;1m ends the section so as to make it conform to the reading of the Clerk. Committee on Military Affairs, and ordered to be printed. My amendment does amend the section in two or three particulars. The SPEAKER. The gentleman from Kansas moves that the House JOHN KIMMEL. recede from its disagreement to the eighth section of the Senate amend­ Mr. TOWNSHEND also introduced a bill (H. R. 11210) for the re­ ment, and agree to the same with the amendment as read. lief of John Kimmel; which was read a first and second time, referred The House divided; and there were-ayes 68, noes 98. to the Committee on Military Affairs, and ordered to be printed. Mr. PETERS. I call for the yeas and nays. R.ED LAKE CIDPPEW A INDIANS. The yeas and nays were not ordered, only seven members voting therefor. Mr. NELSON introduced a bill (H. R. 11211) for the relief and civ­ So the motion was not agreed to. ilization of the Red Lake Chippewa Indians, in the State of Minnesota; The SPEAKER. The question recurs on the motion of the gentle­ which was read a first and second time, referred to the Committee on man from Indiana [Mr_ Conn] that the House insist on its disagree­ Indian Affairs, and ordered to be printed. ment to the Senate amendments and agree to the further conference DANIEL THOMAS. asked by the Senate. Mr. CABELL introduced a bill (H. R. 11212) for the relief of Daniel The motion was agreed to. Thomas, of Carroll County, Virginia; which was read a :first and second Mr. COBB moved to reconsider the vote just taken; and also moved time, referred to the Committee on Claims, and ordered to be printed. that the motion to reconsider be laid on the table. The latter motion was agreed to. - ADDITIONAL JUSTICE OF IDAHO SUPR~IE COUBT. The SPEAKER announced the appointment of Mr. ConB, Mr. STONE Mr. HAILEY presented a memorial of the Legislative Assembly of of Missouri, and Mr. PAYSON as conferees on the part of the Honse on Idaho Territory, prayj.ng for an additional justice of the snpreme court the disagreeing votes on the bill (H. R. 7887) to repeal all laws provid­ of that Territory; which was efcrred to the Committee on the Judi­ ing for the pre-emption of the public lauds_, the laws allowing entries ciary, and o~dered to be printed. for timber culture, the laws authorizing the sale of desert lands, and GEORGE W. RAPLE. for other purposes. .Mr. EDEN introduced a bill (H. R. 11213) to place on the pension­ HOUR OF ::\IEETING. rolls the name of George W. Raple, of Company F, Third Regiment Mr. MORRISON. I ask unanimous consent that on and after to-mor­ Kentucky Volunteers; which was read a first and second time, referred row the hour of meeting be 11 o'clock. to the Committee on Invalid Pensions, and ordered to be printed. There was no objection, and it was so ordered. EMILY :MILLHOUB. Mr. HALI~ (by request) introduced a bill (H. R. 11214) granting_a. ENROLLED BILLS SIGNED. pension to Emily Millhour; which was read a first and second time, Mr. NEECE, from the Committee on Enrolled Bills, reported that referred to the Committee on Invalid Pensions, and ordered to be printed. XVIII-129 2050 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 21,

STATE B.Al\TK OF HARTFORD, CONN. Mr. SINGLETON. There can be no objection to this resolution, Mz. Mr. BUCK introduced a bill (H. R. 11215) -directing the Secretary Speaker. More than forty governors of States and Territories have in­ ofState to deliver two drafts to the State Bank of Hartford, Oonn.; which dicated their approval of it. was read a first and second time, referred to the Committee on Foreign The SPEAKER. Is there objection to the request of the gentleman Affairs, and oroered to be printed. from :Mississippi [:Mr. SINGLETON]? . Mr. MILLS. I object. PROTECTION OF THE PUBLIC SERVICE. Several MEMBERS. Regular order. . Mr. GALLINGER introduced a bill (H. R. 11216) for the protection Mr. McMILLIN. I move that the House adjourn. of the public service; which was read a first and second time, referred The motion was agreed to; and the House accordingly (n.t 5 o'clock to the Committee on Reform in the Civil Service, and ordered to be p.m.) adjourned. __ printed. JAMES COLE. PETITIONS, ETC. Mr. FLEEGER introduced a bill (H. R. 11217) to increase the pen­ The following petitions and papers were laid on the Clerk's desk, sion of James Cole; which was read a first and second time, referred to under the rule, and referred as follows: the Committee on Invalid Pensions, and ordered to be printed. By Mr. C. H. ALLEN: Resolutions of Post 172, Grand Army of the Republic, of Bolton, :Mass., respecting the veto of the dependent pension COAST DEFENSES, ETC. bill-to the Committee on Invalid Pensions. Mr. ELY presented a joint resolution of the Legislature of Massa­ By Mr. BLAND: Petition of John W. Edwards, president Board of chusetts, in favor of coast defenses and the building of a navy; which Trustees First Baptist church of Jefferson City, Mo., asking the refer­ was referred to the Committee on Naval Affairs, and ordered to be ence of his claim to the Court of Claims-to the Committee on War printed. Claims. LEGISLATION FOR NEW 1\IEXICO. By Mr. BOUTELLE: Petition of citizens of Pembroke, Me., in favor of granting a pension to Alvaretta Wilbur-to the Committee on In· Mr. JOSEPH presented ajointresolutionofthe Legislative Assembly valid Pensions. of New Mexico, indorsing resolution of the House of Representatives Also, resolutions of Edwin Libby Post, No. 16, Grand Army of the for appointment of a committee to investigate the status and needs of Republic, of Rockland, Me., urging the passage of the dependent pen­ the Territory aud report to the next Congress suitable legislation for sion bill over the President's veto-to the same committee. the Territory; which was referred to the Committee on the Territories, By Mr. BUNNELL: Resolutions of Moody Post, No. 531 Grand Army and ordered to be printed. of the Republic, of Pennsylvania, condemning the action of the Pres­ "LIFE-SAVING STATION. ident in vetoing the dependent pension bill, and :requesting i~ passage lli. LORE introduced a bill (H. R. 11218) to establish and maintain over the veto-to the same committee. a life-saving station on the Atlantic coast, in Delaware, between Indian By Mr. BURROWS: PetitionofOrcutt Post, No. 79, Grand Army of River and Ocean City; which was read a first and second time, referred the Republic, of Michigan, for the passage of the dependent pension to the Committee on Commerce, and ordered to be printed. bill over the President's veto-to the same committee. By Mr. J. E. CAMPBELL: Petition of soldiers of Clermont County, . ARJ\fAJ\fENT. Ohio, for the passage of the dependent pension bill over the veto-to Mr. MORROW introduced a bill (H. R. 11219) to provide mortars the same committee. and heavy guns for the armament of the forts, coast defenses, and vessels By 1\Ir. CONGER: Petition of Crocker Post, Grand Army of theRe­ of the United States; which was read a first and second time, referred public, of Des Moines, Iowa, urging the immediate passage of the de· to the Committee ?n .l\1ilitary Affairs, and ordered to be printed. pendent pension bill over the President's veto-to the same committee. By Mr. CUTCHEON: Petition of citizens and ex-soldiers of Utica; WATCHMEN IN EXECUTIVE DEPARTMENTS. of McGinley Post, No. 201; of Colonel Jefferds Post, No. 330; and of Mr. FORAN introduced a bill (H. R. 11220) to regulate the com­ Andrews Post, No. 294, Grand Army of the Republic, of Michigan, for pensation of watchmen in the Executive Departments of the Govern­ the passage of the dependent. pension bill over the President's veto- ment; which was read a first and second time, referred to the Com­ to the same committee. , mittee on Expenditures on Public Buildings, and ordered to ~e printed. By Mr. DINGLEY: Petition of Sedgwick Post, and of Edwin Lib­ by Post, Grand Army of the Republic, of Bath and Rockland, Me., I SARAH R. SANKS. asking for the passage of the dependent pension bill over the President's Mr. HOLlr1AN introduced a bill (H. R. 11221) granting a pension to veto-to the same committee. Sarah R. Sanks; which was read a :first and second time, referred to By Mr. DOCKERY: Petition of Captain Stanley Post, No. 79, and the Committee on Invalid Pensions, and ordered to be printed. of Neal Post, No. 124, Grand Army of the Republic, of :Missouri, for FORT SMITH AND EL PASO RAILWAY. the passage of the dependent pension bill over the President's veto-to the same committee. Mr. ROGERS introduced a bill (H. R. 11222) to grant to the Fort By Mr. ELY: Resolutions of Abraham Lincoln Post, No. 11, Grand Smith and El Paso Railway Company a right of way through the In­ Army of the Republic, of Massachusetts, in favor of the dependent pen­ dian Territory, and for other purposes; which was read a first and sec­ sion bill-to the same committee. ond time, reicrred to the Committtee on Indian Affairs, and ordered to By Mr. FORAN: Petition oftheNebraska State Humane Society in be printed. favor of Senate bill2434, for the care of theNational Park-to the Com· PENSIO"N TO WIDOW OF JOHN A. LOGAN. mittee on the Public Lands. 1\Ir. JOHNSTON, of Indiana, presented a joint resolution of the Leg­ By Mr. GALLINGER: Petition of Storer Post, No. 1, Grand Army islature of Indiana in favor of the passage of the bill granting a pen­ of the Republic, of Portsmouth, N. H.; 0. W. Lull Post, No. 11, of sion to the widow of John A. Logan; which was referred to the Com­ Milford, and of Col. A. S. Twitchell, president of the New Hampshire mittee on Invalid Pensions, and ordered to be printed. Veterans' Association, against the v~to of the dependent pension bill­ to TRADE RELATIO"NS WITH CANADA. the Committee on Invalid Pensions. By 1\Ir. GROUT: Petition of Jarvis Post and of William P. Ru ell Mr. BOUTELLE presented resolutions of tbe Legislature of the Post, Grand Army of the Republic, of Vermont, in favor of the depend­ State of Maine in regard to trade relations with the Dominion of Can­ ent soldiers' pension bill-to the same committee. ada; whkh were referred to the Committee on Foreign Affairs, and or­ By Mr. HAYNES: :Memorial of John L. Perley, jr., Post, No. 37, dered to be printed. Grand Army of the Republic, of Laconia, N. H., in favor of the de­ 00::\.DIEMORATION OF THE DISCOVERY OF AMERICA. pendent pension bill-to the same committee. Mr SINGLETON. 1\Ir. Speaker, the motion to adjourn has been By Mr. D. B. HENDERSON: Resolution of the Women's Christian withdrawn, and I now ask that the resolution to which I have referred Temperance Union of Waverly, Iowa, urging the passage of Senate bill be taken from the House Calendar and immediately considered. 2362-to the Committee on Foreign Affairs. Mr. STORM. · Regular order. • Also, resolutions of E. C. Buckner Post, Grand Army of the Repub· Mr. WARNER, of Ohio. Let it be read, subject to objection. lie, of Eldora, Iowa, urgin~ the passage of the dependent soldiers' pen­ The SPEAKER. If the demand for the regular order is withdrawn sion bill over the President's veto-to the Committee on Invalid Pen· the resolution can be read. sions . . Mr. STORJtL I withdraw it. By Mr. HEPBURN: Petition of Davis City Post, No. 306, Grand The Clerk read as follows: Army of the Republic, praying for the passage of the dependent pension bill over the President's veto-to the same committee. lN THE SENATE OF THE UNITED STATES, January 18, 1887. Also, petition ofthe Women's Christian Temperance Union of Shen­ Resolved by the Senata (the House of Representatives concurring), That a joint com­ mittee of five members of the Senate and eight members of the House of Rep­ andoah, and of Humeston, Iowa, praying for the passage of Senate bill resentatives be appointed to take in to consideration the expediency of holding, 2362-to the Committee on Foreign Affairs. in 1892, in commemoration of the discovery of America., an international ex­ By Mr. HOLMAN: Petition ofS. E. 0 1Neel and 33 others, citizens hibition of the industries and products of all nations; and, if such an exhibition 1 should be deemed expedient, to consider the time, place, circumstances, and of Jefferson County, Indiana, in favor of the paBSage of the plerno­ general plan thereof, and to report by bill or otherwise. · pneumonia bill-to the Committee on Agriculture. 1887. CONGRESSIONAL RECORD-SENATE. -2051

Also, paper in support of House bill11138 for the relief of Frank By Mr. A. J. WEA.VER: Petition of the Nebraska State Humane Wempe-to the Committee on 1\Iilita.ry Affairs. Society, asking for the passage of the Senate bill2436 for the protection Also, petition of Peter Richmond arid 57 others, citizens of Ohio of the National Park-to the Committee on the Public Lands. County, Indiana, praying for the passage of the dependent pension bill By Mr. WEBER: Resolutions of Sprout Post, No. 76, Grand Army over the President's veto-to the Committee on Invalid Pensions. of the Republic, of New York, asking for the passage of the dependent By 1\Ir. LYMAN: Petition of the New York Society for the Suppres­ pension bill over the President's veto-to the Committee on Invalid sion of Vice, in favor of the passage of House bill 7544-to the Commit­ Pensions. tee on 1\Iilitary Affairs. By Mr. WHEELER: Petition of John Edgar, of Thomas Langston, Also, resolutions of Post No. 9, of Griswold, and of Post No. 123, of of Hiram Langston, of Henry Greene, and of Jas. A. Gattis, of Jack­ Owen, Iowa, Grand Army of the Republic, for the passage of the de­ son County; and of Lucy A. Stovall, of Franklin County, Alabama, pendent pension bill over the President's veto-to the Committee on In- asking reference of their claims to the Court of Claims-to the Com­ valid Pensions. · mittee on War Claims. By Mr. 1\IcCREARY: Petition of :Mary L. Cleveland, widow of John By Mr. MILO WHITE: Petition of .4.. E. Welch Post, of Burnside H. Cleveland, for a pension-to the Committee on Pensions. c Post, Grand Army of the Republic, of Red Wing and Kassen, Minn., By 1\Ir. :rt1AHONEY: Petition of the New York Society for the Sup­ and of J. C. Butler, of Madison, Wis., favoring the passage of the de­ pression of Vice, relating to the forwarding of obscene matter through pendent pension bill over the veto-to the Committee on Invalid' Pen- · the United States mails-to the Committee on the Post-Office and Post­ sions. Roads. Also, letter ofN. J. Rice, regarding the rights of commercial travel­ The following petitions, praying for the enactment of a bill provid­ ers in the United States-to the Committee on Commerce. ing temporary aid for common schools, to be disbursed on the basis o~ Also, protest against the British extradition treaty, from the Geral­ illiteracy, were severally referred to the Committee on Education: dine Club of New York city-to the Committee on Foreign Affairs. By Mr. BOUND: Of 87 citizens of Harrisburg, Pa. Also, petition of surveyors of New York, earnestly asking the pas­ By Mr. HALL: Of 40 citizens of Clay, Iowa. sage of House bill 10523-to the Select Committee on American Ship­ By Mr. JACKSON: Of 44 citizens of New Castle, Pa. building and Ship-owning Interests. By J.I.Ir. MATSON: Petition of George G. Mead Post, No. 48, of Leb­ By Ur. MARKHAM: Of169 citizens of San Buenaventu.m, Cn.l. anon, 1\Io.; of George Strong Post, No. 19, of Fairfield, Iowa; and of By Mr. .J. R. THOUAS: Of 139 citizens of Anna, lll. Augustine Post, No. 197, of Smithfield, Dl., Grand Army of theRe­ public; and of George W. Tuley and 107 others, citizens of Tipton, Ind., for the passage of the dependent pension bill over the President's veto­ to the Committee on Invalid Pensions. SENATE. Also, petition of John A. Forsyth and 22 others, for the passage of TUESDAY, Februa1-y 22 1887. the pleuro-pneumonia bill-to the Committee on Agriculture. 1 By Mr. MILLARD: Petition of Mrs. J.l.!aryC. Henderson, ofWash­ Prayer by the Chaplain, Rev. J. G. BuTLER, D. D. ington, D. C., for relief-to the Committee on the District of Columbia. The Journal of yesterday's proceedings was read and approved. By Mr. NELSON: Petition of Austin D. Carroll Post, ofH. W. Van RACHEL ANN PIERPONT-VETO MESSAGE. Rensalaer Post, and of A. Edwards Welch Post, Grand Army of the The President pro temp01·e laid before the Senate the following mes­ Republic, of Minnesota, for the passage of dependent pension bill over sage from the President of the United States; which wasread, referred the President's veto-to the Committee on Invalid Pensions. to the Committee on Pensions, and ordered be printed. ByMr. O'HARA: PetitionofBoardofTradeofSocorro, N.Mex., for to the passage of an act to quiet certain land titles-to the Committee on To the Senate: I herewith return withoutnpprova.1Senatebil1No.2452, entitled ".An act grant­ the Public Lands. ing a pension to Rachel .Ann Pierpont." By lli. OSBORNE: Resolutions of the Grand Army of the Republic At the time this bill was introduced and passed an application for pension on of Pennsylvania, for the repeal of the limitations in the arrears act of behalf of the beneficiary named was pending in the Pension Bureau. Thls ap­ plication was filed in December, 1879. Within the last few days, and on the 17th 1879, so that all invalid soldiers shall share alike and their pensions day of February,1887,apension was granted nponsaidapplication and a certifi­ begin with date ofdisabilityor discharge andnot date of application­ cate issued at precisely the same rate which the bill herewith returned author­ to the Committee on Invalid Pensions. izes. But the pension under the general laws dates from the time of filing the ap­ By Mr. RANDALL: Memorial of the Rhode Island Radical Peace plication in 1879, while under a special act it would date only from the time o( Society, against expenditures for war vessels and fortifications-to the its passage. Committee on Appropriations. In the interest of the beneficiary and for her ad vantage the special bill is there­ fore disapproved. By Mr. ROMEIS~ Petition ofForsyth Post, No. 15, Grand Army of GROVER CLEVELAND. the Republic, of Toledo, Ohio~ for the passage of the dependent pension ExECUTIVE MANSION, bill over the President's veto-to the Committee on Invalid Pensions WtUhington, February 21., 1887. By Mr. SHAW: Memprial of the American Forestry Congress, rela­ JACOB SMITH-VETO MESSAGE. tive to timber lands, &c.-to the Committee on the Public Lands. By Mr. . STEELE: Petition of .J. M. Bosworth, commander Grand The PRESIDENT pro tempore laid before the Senate the following Army of the Republic of Pennville, Ind., for the passage of the depend­ message from the President of the United States; which was read, re­ ent pension bill over the President's veto-to the Committee on In­ ferred to the Committee on Pensions, and ordered to be printed: valid Pensions. To t.he Sen~e: By Mr. STRUBLE: Petition of Mrs. R. J. Peirce and Mrs. A. B. I return herewith without approval Senate bill No. 2111, entitled "An act granting a pension to Jacob Smith." Schalffer, president and vice-president of the Women's Christian Tem­ The beneficiary named in this bill filed his claim for a pension November 11, perance Union of Ida Grove, Iowa, in favor of Senaie bill No. 2362, 1882. He seems upon the facts presented to be justly entitled to it; and since to promote the political and commercial prosperity of the American this bill has been in my hands the Commissioner of Pensions has reported to me that a. certificate therefor would at once be issued. nations-to the Committee on Foreign Affairs. Under such a. certificate this disabled soldier's pension will commence No­ By Mr. E. B. TAYLOR: Petition of Giddings Post, Grand .A:tmy of vember ll, 1882. Unaer this bill, if approved, it would date only from the time the Republic, of Ohio, for the passage of the dependent pension bill of its approval. I suppose his certificate bas already been issued; and I am un­ willing to jeopardize the advantages he has gained thereunder, as might be over the President's veto-to the Committee oh Invalid Pensions. done if the bill herewith returned became a law. By Mr. THOMPSON: Resolutions of Codot Post, Grand Army of the GROVER CLEVELAND. Republic, of Gallipolis, Ohio, for the passage of the dependent pension EXECUTIVE MANSION, - bill over the President's veto-to the same committee. WtUhington, Februa1-y 21, 1887. By Mr. TOWNSHEND: Papers relating to the bill for the relief ot JOHN D. FINCHER-VETO 1\IESSAGE. John Kimmel-to the Committee on Military AffaiJ:·s. The PRESIDENT pro tempore laid before the Senate the following By Mr. WAKEFIELD: Resolutions of the A. Edward Welch Post, message from the President of the United States; which was read, re­ No. 75, Grand Armyofthe Republic, of Red Wing, Minn., condemning ferred to the Committee on Pensions, and ordered to be printed: - the President's veto of the dependent pension bill, &c.-to the Com­ To the Senate : mittee on Invalid Pensions. I herewith return without approval Senate bill No. 1768, entitled ... An act By Mr. WARD: Resolutions of the Board of Directors of the Public granting a pension to.John D. Fincher." Library of Chicago, ill., relative to Dearborn Park for a public library The beneficiary named in this bill enlisted August 6, 1862, and was discharged for disability February 24, 1863. building-to the Committee on the Public Lands. The surgeon's certificate of disability given at the time of the soldier's dis­ Also, petition ofthe Traveler's Protective Association of the United charge recites "general debility which will disable him from performing the States in favor of House billl621-to the Committee on Commerce. duties of a soldier for a good period of time. The disease was contracted by ex­ posure and fatigue while performing the duties of a soldier." Also, petition of N. K. Fairbank & Co., of Chicago, Ill., for a chanae The claimant filed his application for pension in September, 1882, nearly in the oleomargarine law-to the Committee on A~icnltnre. " twenty years after his discharge, alleging that in November, 1862, he was at­ By Mr. WILLIAM WARNER: Petition of .J. W. Sanford of Jack­ tacked with bilious fever, followed by chronic diarrhea. and lung trouble. In support of his application an affidavit of a comrade was filed setting forth son County, Mississippi, for reference of his claim to the Court of the fact that t-he claimant was taken sick, as he alleged, in the fall of 1862, and . Cla.iiDS-to the Committee on War Claims. that he was sent to the hospit-al on that account. The affidavit further expresses