, 1886-03-09
SPARKS.

REVERSING SPARKS.
1t has frequently of late been asserted
upon the authority of Commissioner
Sparks that his administration of the land
office has been in accord with the views of
the department officials whose special pro
vinse it is to review his action. How far
the facts in the case sustain such a claim,
may be seen in the summary of the action
Of the department upon the appeals taken
from the commissioner decisions thus far
considered, as officially reported.
The extraordinarily vigorous language
used by the secretary Of the interior in re-
versing the majority Of Mr.. Sparks de-
cisions thus far acted upon-so vigorous as
to be in fact Observation-Disclosures that
the commissioner official superiors are
determined to check his every attempt at
entertainment upon the exclusive preroga-
tives of the executive and Judicial branches
Of the government. Among the most
important decisions reversed are the fol-
lowing:
Hannah II. Brown, presumption. In
this case. having given his views Of the
law applicable thereto. the secretary says:
THE foregoing construction Of the
law, uniformly made in this department,
has several times been affirmed by the
supreme court and is not now To be con
trovsrted. Your judgment is reversed
and Mrs. Brown will be allowed to exer-
else her pre-cmption right"
John Waldock. for writ of certionri
403l. Atlantic Pacific Railroad company
Va. Pate The language of this decision
is a most positive rebukc.
Revert land warrant, Joseph Haskiu,
commuted lO.2s7.
Maren Christensen, desert land entry
252S, Cheyenne, Wyo. In this case tho
secretary, addressing commission Sparks.
says:
"On Sept 3, last, you held that the tract
embraced in this entry was not in com
pact form as required by the act, con-
strued the term in compact form to
mean as nearly square in form as practi-
cably with the number of acres taken
and directed that the claimant be called on
to adjust the boundaries of her entry.
From this decision she has appealed.
The regulations under the law, embodied
in the general circular of your office, sane
toned BY departmental approval, and pro-
mulgated for the information anil guidance
Of the people acquiring title to public
lands, require the tracts embraced in en-
tries on surveyed lands to approach as
near the form Of technical sections as their
situation and relation will admit coniine
side lines to certain limits, and do not al
low the entry Of narrow strips, which are
regarded as a gross departure from all
reasonable requirements of compactness. ,
On examining the records of your Of
fee, the fact is disclosed that there arr no
vacant public lands contiguous to the
tract embraced in this entry. Now, APP
plying each of the requirements of the
law and the regulations Hereunder to the
tract in question, it is found la conform
Herewith in every particular, Its area,
six hundred and forty acres. is allow
able, its sides do not exceed the limit,
and in form IL is as compact or near a
technical section ns It's situation
and relation to other lands Will admit
These conditions being hegpad 'ioabt Ian,
at a loss 10 comprehend on ,c,nf hoory
an adjustment could b. a,aie other than
that irhich inroire an domination Of Ger
tain tracts from, he o,f,g, irhich seems 10
be he mtendmenf NJ your decision. This
is not a ease in which such a requirement
should he made. aud the entry should not
be disturbed
The compactness Of tracts IN entries oi
this class Is TO be- determined by their
side lines. Thus, they conform to this
requirement if, in tracts of6iO acres. their
side lines de- not exceed one and one
fourth niles in tracts Of a hess area down
TO aud including 30 acres. II they do not
exceed. one mile, and in tracts ola less
area than 800 acres, If they do lot exceed
three quarters of a mile la no case,
however. will tracts IL which the subdi-
visions simply corner one with aetothcr be
regarded as compact.
la view Of the foregoing, your decision
is reversed, the order for adjustment over.
ruled. aud the claimant will be allowed 10
perfect her entry under the law
Only the most important cases passed
upon by Secretary Lamar are published.
Many additional cases are found in which
the majority of the decisions reverse the
commissioner in his repeated attempts to
subvert the policy Of the government as
expressed in the land laws