National Republican. (Washington City (D.C.)) 1872-1888, 1886-03-04
Gen. srAnKs, RECORD.

List Of the Appeals From Ills Land
ONCE Decisions, and what Was Done
with Them.
EDITOR NATIONAL REPUBLICAN; IL has
frequently Of late been asserted, upon the
authority Of Commissioner Sparks, that his
administration Of the general land office
has been In accord with the views Of the
department officials whose special province
IL is to review his action How far the
facts In the case sustain such u claim may
be seen In the following summary OF the
action Of the department upon the appeals
taken from the commissioners decisions
thus far considered, as officially reported;
DECISIONS AFFIRMED.
Terminal limits OF N. p. II. r.. Co., L.
D., AIS; Gordon VS.. Wilson, for writ Of
ceftlorari, l.. d., SOC; Jacob Schaetzel,
for writ Of certiorari, J.. d., IS; Geo. X.
Bradford, for writ Of certlorari, l.. d., 800;
Alice Placer Mine, for writ Of certiorari, 4
i. D., 3l4; EX.department employees as at
torneys, l.. D., 100; Texas Pacific X. II.
Co. We. Southern Pacific X. II. Co., 4 l.. D.,
2l5 Lars Winqvist soldiers additional
land, i. D., 1928.
OF these eight decisions the two railroad
cases alone can be considered as rejecting
in even the slightest degree upon either the
integrity or the legal acumen OF Mr.. Sparks
predecessors. On the other hand, how
ever, the extraordinarily vigorous language
used by the Secretary In reversing the ma
jority Of Mr.. Sparks decisions thus far
acted upon, so vigorous as TO be In fact Off
cial reprimauds indicates that the commits
soner's official superiors are determined to
check his every attempt at encroac hment
upon the exclusive prerogatives Of the legis-
lative and judicial branches OF the govern
mcnt Those decisions are as follows:
DECISIONS REVERSED.
Hannah II. Brown, presumption, L. D.,
D In this case, having given his view OF the
law applicable thereto, the Secretary says:
"The foregoing construction OF the law
uniformly made In this department has sew
eTal times been affirmed by the United
States Supreme Court, aud Is not now TO be
contrroyerted. Your Judgment is reversed,
and Mrs. Brown will be allowed TO exercise
her presumption right"l; John Waldock,
for writ Of certlorari, l.. D., 81; Atlantic
and Pacific Railroad Company VS.. Pate,
l.. D., SO 1.-THE language OF this decision is
a most positive rebukel; revert and revert
land warrant, i. D., 1872; Joseph Hoskyn,
committed, j.. d., 2S7; Maren Chrsten-
sen, desert land entry, L. d.. 3l7
lin this case the Secretary says: 81 am
at loss to comprehend on what theory
an adjustment could be made other than
that which would involve tho elimination
Of certain tracts from the entry, which
seems to be the intendment of your deci-
sion. Your decision is reversed, and the
claimant will be allowed to perfect her
entry'l; John A. McQuim, accounts 4
J.. D., 800; Nicholson VS.. Duffy, practice,
i. D., 1872; Edward POLITE, certificates of
deposit, l.. D., 800 ['This decision needs to
be read In connection with the commits
sioner's annual report, to appreciate the
| perfect accord between the commissioner
and the Secretary which It revealsl.
1t must be borne In mind that only the
most important cases passed upon by the
Secretary are officially published. In Copp's
Gland 0wner,n Brainerd's illegal Prece-
DENTS" and Thomas's "Reporter" are to be
found many additional cases, which largely
increase the majority of the decisions re-
versing the commissioner in his repeated at
tempts to subvert the policy of his prede.
cessors. A very conspicuous instance Of
such action is found in the case Of the South.
en Pacific Railroad Company VS.. John L.
Tilley, which, having been written and
signed in the Office Of the Secretary Oct 30
1885, was, at the personal request of Mr.
Sparks, modified by softening the following
pointed rebuke: "The precise question
raised by the application was decided by
this department In the case Of said company
VS.. Patrick Brady. 1t is Difficult
to understand how there can be any mis-
conception Of the views Of this department
in the light Of the decision above referred to
AN EXTISGUIsHER OF SPARKS.