Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1885-11-19
RIGHTS OF THE SETTLER.


Land Office, st Washington, that all GER
tifcates for patents were to lie in the
Land Office a. Washington City, till the
agents appointed by the Land comnisi II
er had reinve.tisated them aud the step,
which had been taken to secure them, to
zee they we're not fraudulent; virtually As
slming that al Registers and Receiver
heretofore acting under the laws and
instructions Of other administrations, and
all claimants, and their witnesses, wei
fraudulent, till the agent of the presen
commissioner and the commissioner him
self had examined them for fraud. VII
not 60 back and recall all patents thu
heretofore have been issued and hay
then inspected for fraud, and have ali
title deeds which have been issued und
these patents, suspended upon the record
Of the counties, till they have been thn
oughly examined for fraud? This douhI
less would be the case if the land of1ic,
instead Of the courts, could DO this. NJ
Sparks mus. have an exceedingly ru.,
opinion Of the American people who ol
tain certificates from the government fer
patents TO land under the land laws and
Of those who issue them, upon the proof,
furnished under the laws and instruction,
Of the land office heretofore given, a,
also poor opinion of our state and ten
torial courts, as well as also of the S,
preme Court of the. United States, whicl
have decided that certificates for patent
to the settler, are equivalent to patent
We have faint impression that Nj
Sparks will have his time fully oceupi,,
10 make the investigation he proposes
and encounter much difficulty III arraisn
isg al registers and receivers and formei
commissioners Of the land Offices, and al
claimants and their witnesses, for frau,
and put them upon their honesty an,
integrity with the government. Nj
Sparks is disposed to reverse the rul,
that "every man is innocent till he i,
proved guilty." and is to take every ma,
to be criminal until he has proved
himself innocent. 1t seem. that he is to
regard every man who has a certlfca,.
for patent to government land, as under
an indictment for fraud, aud be himsel
is to sit as judge and try each Indictment
without jury of his countrymen. We
have no doubt that fraud permea,es sew.
eral cases in some form, which could not
be detected BY the local officer. undc,
al rules applicable. Actual fraud i,
stealthy and oftimes escapes the vigilance
Of courts. But, that Mr.. Sparks, how
ever we'll disposed in the matters, car
remedy the evil by wholesale arraign
meat Of all who have complied with the
hws, and tkosc..who have not, under on,
Indictment for fraud, we are disposed to
call in question. Where parties have
acted 10 good faith under former in
structions Of the land offices, published
and promulgated, it will be difficult to es.
tablish guilt in their case, even though
ssne Of those instructions and decisions
were not in accord with Mr.. Sparks in
depreciation Of the land laws. These
must be comparatively small, and we
doubt the right and the good policy OF
arraignipg all those who have made en-.
try, for the sake Of trapping the few whc
have made false entry. 1t is like indict
ing every man in community for theft,
Or any other crime. and forcing him t
prove his innocence before he is charged
with the crime, ia which case the deftns
must make his proofs first. We see it
announced that Sparks is to call upon
congress for the sum Of 5000, 900 to pay
agents to hunt up cases OF fraud before
fraud is specifically alleged, and that If
congress does not grant the appropriation
then he will recommend that congress
turn over the land Office business to the
states and territories. The Walla Walia
Statesman publishes the following:
ga Pioneer Press telegram of Nov.
6 says: Commissioner Sparks in his an
uual report will ask congress to appropr.
ate 100000 for the payment of the sal
aries and expenses Of special agents to in
vestigate the alleged fraud in the loca
ton of public lands, with the expectation
of employing 200 such agents with the
money thus appropriated. If this will
not be done, he recommends that the
public lands BE- turned over to the several
states and territories in which they are
located, to be sold OF settled as the sever
\ states and territories shall provide.
This will undoubtedly make the comm s.
aioner more popular than he now is in
the northwest"
This would indicate that Sparks wants