Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1885-05-01
AN OUTRAGEOUS ORDER.


AN OUTRAGEOUS ORDER.
A Mandate Which Benefits Spectators
TO the Detriment Of Actual Settlers
on the Public Domain.
Commissioner Sparks, of the Gen
.eral Land Office, recently issued an
order which suspends all entries OF
public lands in the Western States
and Territories except those made $50,
cash" that is to say, by or in behalf
OF capitalists. If the order was not
made for the special benefit of the en-
trymen in the Southern States and Of
land spectators in the West, it will
most certainly have the same effect as
if 1t had been.
The following circular received by
Kingsbury & MCGOWAN of this city,
shows up the order in its true light
WASHINGTON, ID. c.,
April Is, 1885.
Your attention is invited to the
within copy of recent order by the
Commissioner of the General Land
Office.
Entries of lands subject to private
entry for cash, locations OF Valentine,
Portericld, Dodge, Additional Home
stead, and such other classes of land
scrip as are locatable without acts of
settlement and cultivation are not af-
.fected by this order.
But ALL other entries Of the public
lands in the specified States and Ter
ritorics are suspended in the following
manner, as explained to us by Com
missioner Sparks !:
Filings. proofs, and payments of
every character are to proceed AS usual
in the District Land Offices. They
arc to be reported in regular order to
the General Land Office. They are,
in ordinary course, to pass the usual
examinations there as to their compli-
ance with the requirements of the
statute; and it found to DE so legally
correct, they are to be approved for
patent. RIGHT AT THAT POINT THEY
ARE TO he SUSPENDED. No patents
are to issue upon any such approved
entries until they have been further
examined in the field by Depart
mental detective, and reported by him
to be in conformity to law. This order
is to apply both to Ill future cases and
also to all entries heretofore made,
and whether or not previously exam
.ined by Departmental detectives, and
whether or not previously approved
sior patent, but not patented.
The order applies in terms to the
whole Of Dakota, Idaho, Utah, Wyom-
ing, Washington, New Mexico, Mon
tana and Nevada; to part Of the States
,of Minnesota, Kansas, Colorado and
Nebraska, and all other States or Ter
ritories wherein the desert land law, or
the Timber Act Of June 3, 1873, may
be applicable.
The duty and power of the Execu-
tive to arrest give" eutries, against
which fraud is specially charged or
proven, may be conceded. In such
cases the reports of especial agents"
or other character Of EX-PARTE testi-
mony should be available as the BASIS
for such Investigations, in the regu-
larly constituted tribunals of the pub.
lie land system, as would allow inter
csted parties to be confronted with
the charges and witnesses against
them, and to enjoy the usual oppor-
itunities for fair defense.
Bat the enclosed order undertakes
in terms to suspend the execution of
ithe public land system, past, present
and future, and in nearly the entire
western part of the United States,
upon general suspicion. All entries
arctic be subjected in regular course
to the tests prescribed by the laws of
Congress and the published regula-
tons of the Executive Department.
Ii found to be IN violation thereof,
they will of course be Cancelled; but,
if found to be in all respects conform.
able thereto, snch ascertained compli-
ancc with the law is to go for naught.
On the contrary, such entries are THEN
to be suspended, and to be resubmit-
ted to an Ex PARrE examination by a
detective in the field. The order is
silent upon the subsequent course Of
procedure; as, for instance, whether
the report of the detective will be
open to the inspection and challenge
81 tic accused, or whether 1t is to be
accepted as conclusive. The order,
however, is clearly the throwing of Il
drag net over almost the entire western
country, and for the purpose of as
certaining by'a vast system of secret
espionage whether or not SOME entries
have not been consummated upon
false proofs. Units rejected applica-
lion to so many States and Territories,
it is reasonably certain that an army
OF Especial agents" and many years Of