The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-06-30
THE MAXWELL GRANT.

Mr.. 8. b. Elkins Corrccts Certain Misrepre-
sentations of the Land Commissioners.
WAsHINGToN, June %. The following letter
has been sent to the Commissioner Of the Gen
eral Land Office since the publication Of the re-
port of the Commissioner to the Secretary of the
Interior:
DEER PARK, Nd. June % 1885.
Dear Slr-In Your recent report to the Sec
retary of the Interior on the Maxwell grant in
New Mexico, extracts from which have seen in
the newspapers, the following appears:
'The contract for survey was given to brother of
the alleged owner of the grant, and the alleged owner
was the bondsman.'
"lnasmueh as my brother, John T. Elkins,
the deputy United States surveyor who
made the surveys, and as was on his bond,
assume you refer to mo when you use the words
alleged owner In this you are in error, which
beg you will allow me to correct | am not
now, and mover was. an owner, directly or in
directly, i'll tho Maxwell grant This grant
was confirmed by act of Congress in 1860. In
1867, after obtaining the written opinions Of
some of the leading attorneys Of the country
among them George Il. Curtis, Mr.. Evarts
Judge Noah Davis and Mr. Bayard, and that Of
judah p Benjamin, of London rs to tho
validity of the title, which opinions are on file in
your office, some foreign capitalists purchased
and paid for this grant 81 400 900. and subse-
quently organized company in New Mexico to
own and develop It. had no knowledge what
ever OF the confirmation OF the grant by Con-
gress. or the SALE in 1862 until IL was consum-
mated. After the organization of the company
was made its attorney in New Mexico--Barlow,
Laroeque and Mcfarland hen. the attorneys in
New York, and Mr.. Benjamin their attorney in
London. Che law requiring three resident di-
rectors in New Mexico, ! consented 10 act as q
director OF the company, without any share
OF the management, and in order 10
qualify mo, aud, partly rs compensation for be-
ing attorney, was given a few shares OF the
capital stocK-less than IUU--wiItun proved or no
value In 1873 ceased all active connection rs
attorney, and III 1875 resigned, both as an at.
torney and director In 1878 or 70 | was en-
ployed by the receiver Of the company 30 repre-
sent him before the Interior Department in an
application for a patent, Judge Lucien Birdseye
being the attorney for the bondholders About
this time the decision of the United States Su-
preme Court in the case OF Tameiing VS. The
United States Freehold and Emigration Compa-
ny reported in Sd Otto. page Gii) was
announced, which determined the effect Of
a confirmation by Congress Of Il Mexican grant.
Upon this decision was informed that patent
was granted, Mr. Carl Shurz being Secretary OF
the lnterior have no interest, directly or in
directly, in the suit now pending III the courts to
set aside the patent and am indifferent as to
the result thereof. | find myself obliged to
make this statement because. upon your report,
d number of papers have connected my name
with the grant as being an owner and
being interested in the pending litigation and,
therefore, q party to what your report makes a
fraud upon the government l would thank you
to furnish me any information or facts in your
possession which lead you to believe was an
owner, and, If not already convinced, will show
you it is not true. May also ask you to have
this letter placed among the papers on file in
your office in the case Of the Maxwell land granti
every respectfully, S. b. ELKINs.
"The Hon. Commissioners Of the General Land Office.
Washington City, ID. g."