St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-11-29
A False Impression.

SpeCldI W Cu6 OlODe.
WASHINGTON. Nov. 2s.-There is
manifest endeavor here to create the i'm
preston that Secretary Lamar is forcing
the resignation of Land Commissioned
Sparks. 1t would not be creative of a re-
lance upon this correspondence if there
were exhibited blind adherence to Gen.
Sparks, but it is fair to correct false impress
sions by the records. The land department
was always held by the Democratic orators
to be h0ney-cOmbed with deliberate frauds,
with corrupt extension of plain statutory
limitations for the benefit of huge monop-
olistc interests located on the public domain.
1t was with the intent to correct these abuses
that Gen. Sparks, with his unassailable
record for integrity. and his herculean
frame admitting of vast labor, was installed
into this department., so redolent OF fraud
upon settlers and upon government rights.
He is impatient of sharp practices and legal
bubbles. His disposition to inject justice
into the procedure of the land Office has un-
dOubtedly led him into premature orders,
into overlapping systematic legal ways Of
reaching unmistakable wrongs. His i'm
pulsiveness to do right has led him to stifa
wrong, and not to permit it to die from any
prolonging fast. In his ruling on the grant
along the Atlantic & Pacific railroad,
from San Bernardino to San Francisco,
he quickly reached the conclusion that the
claim was invalid, and then impetuously
overruled the order, Withdrawing these
lands from the market. Here was rail-
road that had been authorized to build to
the Pacific ocean with the largess OF pub
lie land along its route. 1t built to San
Bernardino on that ocean, and then built
up along the coast for $50 miles until it
reached San Francisco. 1t claimed the
lolI IL, o1, nvrfa,
sion. Was it
AN INFERENTIAL OR A DEFINED
right under the original grant? Even
the assistant secretary, who has
Just halted the commissioner in
Inmates that he agrees with the position
that one touching of the ocean, the estab-
lshment of one terminus on its shore, ex-
hausted the land grant privileges of the
charter. But Gen. Sparks in an ex parte
case of settler, without notice to the rail-
road, declared the grant arrogated along
the extended line to be void. Assistant
Secretary jerks has merely restrained this
premature procedure, has held that the
railroad must have notice and be heard, and
that ad interim the former order of the de-
partment withdrawing these lands must
stand. That does not at all establish the va
lidity of the order. 1t preserves the statu quo.
until by an appeal to the secretary, where
the settler must appeal, and not the rail-
road, which has right to rely on the order,
the validity is duly determined. Then it is
intimated that the grant will be held void.
In the proclamation sent regarding the
timber cutting order, which has been To-
menting so much excitement in the terri
tories, the clash with the land commissioner
was more direct In his order ne forbade
the cutting of timber from mineral land,
whether by the Individual for his own use
or by his agent, and only for strict
mining or agricultural purposes, and
also forbidding the purchase from
others of timber within the territory. Sec
retary Lamar'S announcement is plumply
against the construction OF the act OF 1878.
To allay the excitement in the Northwest
he has said that the department has pro-
mulgated no order, that the change is under
consideration. But it is evident that the
construction of the acts language permit
ting timber to be cut for mining, agricul-
tural and ''other domestic uses" will differ
from Gen. Sparks holding. twill permit,
as now, the telling of wood for smelling,
and also allow the purchase of timber. In
fact there will be no modification unless a
sTRICTER PROHIBITION OF CUTTING
for commercial purposes and trans
portation outside the territory. The
assistant secretary thinks that the commits
sioners' regulations, instead of being calcu-
lated to restrict the Montana Improvement
company, would be directly in its interest,
as it enjoys the contract for telling timber
on the Northern Pacific lands.
The talk about any Minnesota appoint
ments being hung up because the recon-
mendations have been largely from mem
bers of one religious denomination, Is all
brilliant specimen of artistic news inven-
ton. Mr.. Campbell's name is pending be-
fore the president 1t is not supposable that
he would drop all message considerations,
all attention to more pressing offices. and
numerous vacancies, and devote his whole
soul and mind at once exclusively to select
ing marshal for Minnesota. Inquiry at
headquarters develops nothing more than
this. The Democratic song should be,
'.Leafe by leafe the roses fall," and con-
tentment come from the refrain.