New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-12-02
SPARKS VS.. sCHURz AND BAYARD.
SECRETARY scHUEZ's ORDER on WHICH THE MAX
...--.. L ...r q. w nAIENI W. IsSuEn.

evCprT,rY sCUUEZs ORDER OK WHICH THE MAX
WE'LL LAND GRANT PATENT WAS ISSUED.
WASHINGTON. Dec 1.-The report of General
Sharks Commissioner Of the General Lana once 10 'he
Secretary Of the Interior In June last charslhg 't ~
Reaubien and Miranda Maxwell grant In New Mexico
No. fraudulent attracted much attention. Its discussion
brought 10 light the legal opinion OF secretary OF SIhc
Bavard on the grant given when he was member OF 'o
Private Land Claims committee OF the senate ana or
which # was allegedhe paid handsome fec rms
onnion WAS published in full in THE TRIBUNE In 1t MI
Bayard is clear and emphatic that the title TO the grant
l. valid To all the land included within the boundaries
Ipon this and the opinions OF other eminent counsel
syndicate OF Holland capitalists purchased ana pan
81 900 for the grant
Aner Mr. SPARKS had made his report his attention was
called TO the fact that Mr. Bayards opinion was then on
file in the Land Ohcc and had the additional force oil DC
In, rendared when he was "a member OF the Senate Com
nee on Private Land Claims, which had jurisdiction Vi
such matters Mr. Sparks replied that no nad not reau
IL The burden Of his report that the survey was not
correct and patent should not have issued TO all tue
lands within the boundaries. From the records OF the
General Land Office 1t appears that the survey was
under explicit instructions from the Interior De
narten even to the extent Of indicating where some OF
the lines should be Carl SehurL was SECRETARY Oh
the Interior at that tme and the patent was Issued on
his order II is thought since Mr. Bayards opinion mas
been published that the order o. Mr. schurz rs score
ary Of the Interior authorizing the patent would inter
t The readers of THE TRIBUNE. Here it is as found on
file in the Land Office aud printed IN full on page 80 OF
the Iaud Office Report for 1877:
DEPARTMENT OF THE TNTERIOR,)
OFFICE OF TIE 81 CRErARN,
WASHINGTON, ID. C.. March Is, 1877.
SIR: have the honor to acknowledge the receipt OF
your communication Of the 10Th instant addressed 10 my
Predecessor inclOur the decision OF Mr. Secretary Coy
dared December 81 1869 I'm relation To the survey OF the
| Beaublen and Miranda claim TO lands IN New Mexico
and Colorado in which the rule was lad down Tor Ihhl
and ali like cases that where Mexican colonization
grant Is confirmed without measurements OF DOundreS
mr. of dsfinct specification OF the quantity confirmed,
either i'm the statute in the report upon which CON
Grmntjon was made no greater quantity than eleven
! square leagues each claimant snail ne SURVEYED anu
set off to them, that such quantity sal De SURVEYED III
tracts of eleven SQUARE leagues each the general position
nj such tracts he selected 10y the grantee anu tc tract
| Ia he then surveyed compacty ~ practicable nOu
also transmitted cory OF tne dersioh OF .e S az
tho ease Of John IT, Tameng the United states Free
| hold and Emigration Company u case similar IN az
ssentin particulars the OF the Benuhlen anC
Miranda. in which the court say; tonGrtSs dol Iipi
| mo claim a- recommended by the suryry"r-1enei'.
! The confirmation being absolute ana u"ce"Hu"ha,
without any Limitation aS 10 quantity We must 'Elu
IL AS encctua and operative for the cntir" tract Inc
decision ot the supreme Court must be taken as the
truc construction Of the law, hy which the rights 81
p,rtics a-e 10 be determined. You viii hereafter De
governed rule laid down 10y the court IN id case
in all similar eases and patents viii issue for the tract
/ act of Congress. Notwithstanding II may exceed IN
amount eleven square leagues OF lana. Inc papers
transmitted with your letter ID Of March 10. ls' - are
herewith Returned. Very respectfully, nm, e..-,,,r,.
| The Commissioner OF the General Land On'ce.
Some people enough To ss what MIS- arks
proposes 10 do with Nessrs Bayar and -churk since he
has learned the facts It Is suggested that Mr. sparks7
r,port may vet he the Cause OF Investigation OF the
whole Maxwell giant question 10 IT," end that ia iu
history may he known and that 10 blame attaches any
where il may llil on the right persons.