, 1885-09-23
Fraudulent Land surveys.

at the land office that the action taken
some time ago by Commissioner Spark.
revoking certain illegal contracts for sur.
veys of public lands, under what is known
as the deposit system, and in suspending
accounts under similar contracts because
OF various irregularities and for the pur-
pose Of aseertaining by field examinations
whether the surveys had been properly
or actually executed, was brought to the
front Of the bank of Nevada and other
banks in San Francisco, as parties claim
ing interest in the accounts, by virtue OF
loans made to surveying contractors, and
representatives OF banks now here are
urging the payment of such accounts to
protect themselves against loss. The
commissioner docs not recognize the banks
as having any legal or equitable claims
against the government or the right to
intervene between accounting officers of
the land department and their official du-
ties. II the banks, he says, loaned money
to surveying contractors, this is purely a
matter of private business and the banks
must look to their borrower for payment.
No loans have been made to the United
States, nor has the government incurred
any obligations to these financial institu-
tons. The annual appropriations by con-
gress for surveying public lands has been
$300,0OO to 100000. In addition
to this the law allows indi-
viduals to make deposits which
are credited to the. surveying
fund to constitute additional %appropria-
tons. The land office reports showed
that some Sc 1000, 900 have been 80 depos-
tied since 1879. The law only authorizes
deposits made by settlers. The fact APP
pears, says the commissioner, that they
are made only by capitalists. 1t has been
alleged that the bureau has been main
tanned in San Francisco, which acted as
IN intermediary between the deputies and
the surveyor general, and the business of
which was to supply Deficiencies in field
notes and assist in the preparation and
adjustment of accounts with the general
land Office. One of the contracts revoked
by the commissioner was of an original
estimated liability Of 5000. The land
Office accounts show that about $780, 900
has already been paid out under this con
tract, and the bank claims nearly 800, 900
more still due. The commissioner refused
to accept the returns amounting to 100000
for work alleged to have been performed
under this contract on the ground that
the essential %perquisites to their
legality had not been complied with,
the bond Of the deputy not
having been filed and no deposits made to
pay for the surveys and further, that
the amount charged was in excess Of the
legal rates. 1t is the opinion of the com
missioner that the practice of San Fran
cisco banks advancing money on survey
ing contracts which is said to have grown
within ten years and extended so as to in
clude contracts in various states and terri
tories, and which are now urged as an
equitable consideration, cannot be re-
garded as in the interest of the public
service. He says ut lead to survey
or To return surveys of uninhabitable
mountainous and desert regions, to aug
mented rates and extravagant expenditure,
to loose and irregular methods OF on
tracing and surveying, to the prodigal
issue of deposit certificates, to a prema-
survey of valuable timber and agricultural
lands, followed by their appropriation
through fraudulent entries, by rich syn
dicates and large corporations, and to the
exclusion oil actual settlers from the lands
ostensibly surveyed for their ben
eft, but Immediately taken up
by sp eculatiye combinations con
nected with OR closely allied to the sur
veying operations. 1t tended also to do
away with the wholesome supervision and
restraint which the law requires the land
department to exercise over deputy sur.
veyors. With the shield of powerful syn.
dicates and moneyed corporations inter
posed between them and the government,
they felt independent of the land office
and became accustomed to look upon ii az
a mere machine to certify recount with.
out regard to their accuracy or justice.
Many ofthe accounts are now presented
for extra compensation for resurvcys which
cannot be allowed because they are in VIC.
lation of the instructions which prescribed
the minimum rates, and which instructions
are part Of the contracts. Reports have
reached the land office of extensive fraud,
in surveys in these regions covered by
these contracts. which, the commissions
states, he has not had time, with the agen
cies at his command, to thoroughly inyes
tigate, and that delay is unavoidable unit
examinations can be made which will en-
able him to decide which claims should b,
paid and what rejected. The amount O
alleged dues on surveying contracts claimc'
by the bank Of Nevada is about $250,000
What further unliquidatcd claims of
similar character are yet to be presented
unknown.
W~aahfuotou NOtaa