The Waco daily examiner. [volume] (Waco, Tex.) 187?-1888, 1885-06-13

a HEG STEAL
Reforming Land aobbrrs OF the ola
administrator.


Washington. June l2.-COmmis-
siuner sparks. of the land office, this |
afternoon submitted TO secretary La
mar report upon the famous Max
well land grant in New Mexico Tor |
nearly 100000 acres of public land |
grants which were claimed and pat
cntcd in 1879. The official proceed
ing leading up to patent are rec!ted |
In detail 10y the commissioner who |
then SAYS in brief, pending these |
proceedings. large numbers of letters,
complaints. petitions, protests anu
charges were transmitted TO this oil |
flee and department from citizens OF
New Mexico. alleging fraud in the
location and boundaries of this claim,
its extension far beyond amy original
claim or possession by the grant, the
invasion OF the settlement and min
ing rights of native inhabitants aud
Indian occupants. Nothing more
than mere formal notice OF the va
rious complaints aud allegations APP
pears to have been taken or done
by this office, No investigation
was had. but the claim Tor this enor-
nous region of country appears to
have been carried through by official
readiness without regard to the in-
terests of the government or the
rights of the citizens OF the Tertiary
in actual occupancy of the land,
though evidences of fraud were man
ifcst in the b Id fact of the prcscnta-
ton of claim tor nearly two million
acres, based upon a grant OF less than
one hundred thousand acres. The
grants of the Mexican authorities were
governed by the laws OF the nation.
Colonization grants were limited in
quantity to II square leagues, or
about 5000 acres to one person. The
ont boundaries of the localities men,
toned in application for those grants
were usually of the most general
character aud in the preson. case
those boundarie, might have been
found or alleged 10 be found at almost
diverse points. The alleged making
of boundaries under the purportod
judicial possession was of an unstable
character, easily removed and liable
to early destruction from natural ana
other causes. Nothing was easier
than to lind such alleged monuments
whenever il was desired, but in the
so-callcd ADJUDICATION of this case the
boundaries claimed and monuments
asserted by interested parties were
accepted as the actOal boundaries ami
monuments the grant, which were
there, were swollen from a little over
four townships to almost more than
scvcnty-tivc townships OF pubic
land,
The proceedings of this Office II
carrying this eNtrayagant CLAIM
through TO patent appears to me Il
have been of extraordinary character
The decision of the secretary III 1869
1 that the claim under he conilrmator!
act OF congress was limited TO invent!
! two leagues, had become iinhl unue
) the rules governing me prncIice
: this department ON Its administrator
G of the law The refusal oil MI
Delany to review II retained mat &c
=. cision rs to this case res luhicata :
4 tar as executive action was cohcerhe,
l. II the secretary OF the interior colu
d have re-opened the case, certainly III
9. commissioners could not under sue
a. rules. The commissioner ana re-ope
N the case as an assured result OF "
D. correspondence between hiihseii al
the secretary heretofore citeu. a
re examination oil TINS correspot'
70 encc shows mat II III
nished no proper or s"nlcleI
he basis Tor the commissioners action
rh reopcning the ueclueu case, l
ed commissioners lctier askeu lor
III structlohs Us 10 future oascs onl!, II
Ie- as TO cases previously ueciueu'
The secretary replies 10 inns specl