St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-04-19

ignores the merits of the case. In his office
letter of March 10, 1888, he admits that the
fact of the railway company hay
ing made contracts with the
occupants, can be considered sin so far as it
may strengthen the claims of the occupants as
against the parties who have applied to enter
these lands" and thereby invites the very
question which by his Office letter Of Nov.
%, 1883, he refuses to entertain. More than
this, in his letter of March 10, he directs
these filings and applications to be made
subject to appeal, not only by the railroad
company, bit also Shy any occupant or set
tier upon the lands in question: A fact
which he misstates in his letter of Nov. 90,
by leaving out the last quoted clause, and
making it read as if he had given the rail-
way company alone the right Of appeal
To sum up the whole matter, the commits
sioner invites discussion Of the merits
which he afterwards refuses, by the reudi-
ton of technical decision, so gIaring in
its Partially as to free it entirely OF all sus-
picion of being an honest, unbiased judy
ment.
l confront Commissioner Mcfarland with
the facts Let him explain if he can. In
his Office latter of March 10, 1888, the COM
missioner also says: "There is no reason
according to the statement made by the
land commissioner of the railroad company,
to doubt the good faith of Geo. F. Robinson"
(the man who located tree claim on rail-
road depot, Gin his attempt to
make a timber culture entry of the
S. E. See. 1-102-32, but as
Robinson says in his tree culture affidavit
that he makes the application in good faith,
| and not for the purpose of speculation. The
contrary can only be shown by proper testi-
mony, and not by mere allegation"
While will not attempt to discuss with
the commissioner the good faith of the agile
Robinson in jumping railroad depots, the
substance of his proposition 1 freely admit,
and would ask how he can make it agree
with his decision in my sons case. David W.
| Feller, at the commissioners express invi-
tation, attempted to offer the ''proper testi-
mony'' but was ruled out by the very official
who so yearns for something beyond "mere
allegations while he accepts the
allegation of Robinson in his acrobatic Jump
| ing feats in locating his tree claim on grow
ign townsites, as all done in good faith, aud not
for the purpose of speculation. VIII Com
missioner Mcfarland explain!
Much more might he said concerning the
means made use of by the register and re-
ceiver, in order to benefit the mutual
| friends" but time and your valuable space
| will not permit. One more point and | am
| through. The register and receiver in their
! published statement assert that 'less than
ten entries are in conflict between settlers
and claimants" This is false Mr.. f.
| F. Wade, clerk of the district court
of Martin county, who resides ut Fairmont,
has alone taken eighteen or more cases be-
fore the commissioner for actual occupants
of the lands against these jumpers and re-
| fer to him for the truth of my statement.
At the time David w. Feller's appeal was
rejected, there were ten or eleven other of
these cases rejected for the same reason, in
Guiding among them the case of the agile
! jumper of toWnstes, while the commissions
er's rulings in other cases of the same ma
ture, and about the same date, have been en-
tirely different, is a fact the records will
show. In one of these, c. NJ Packard was
the occupant, and G.. W. Kellar was the
| jumper, under a timber culture entry as usu-
al. In this case instead of rejecting the appeal
the commissioner instructed the local land
officers at Washington to set day for hear
mig of the merits and notify the parties in in
| terest to appear. This was done, the day set
being Jan. "a, 1884 and Kellar, the jumper,
| q am informed,) did not appear. A num-
Der of other cases were ruled on in different
ways, but it would be tedious to 90 into the
matter further, and / will simply say that the
| question is now before the secretary of the
interior. where 1 feel assured ample justice
viii be done, and that his decision will allow
the occupants and settlers to pcaceably en-
! joy the fruits of their money and labor. We
are on the land now, and on the land we will
remain, come what may until we have en-
| ployed every remedy the law affords for the
protection of right and the redress of wrong.
Respectfully Yours,
WV TT FFTTFR