Arizona weekly enterprise., 1888-08-25
VVt'V 0I W 'IU1VT n V1'I V5 V' WASHINGTON, D. c.
 August 10. 1888. {

House of Representatives U. $.
 WASHINGTON, D. c.
 August 10, 1888.
 1 am just in receipt of your letter, requesting my reasons for having Ari- zona excluded from the McCreary Land Court Bill, and I cheerfully comply with your request.
 First: By treaty with Mexico the U. $. government became bound at it's own expense to ascertain the validity of these claims with view to reject ing the spurious and confirming the valid. It was never the design of the U. S. to force on the bona fde settlers the expense of these most burdensome and expensive land trials.
 Second: Most of these alleged grants have been by free use of money SO constructed on paper, as to appear valid, and the spurious title papers, in many cases, are so authenticated as to be admissible as evidence. On the production of these forged titles the court can look no further than to the due authentication of the paper. Be ing so authenticated the court will be bound to admit the title papers in evidence, and thus throw on the set ter the burden of showing the title a 8 forgery. This is unjust. It is in fact brutality to the poor, struggling helpless and moneyless families. l Third: The court from its very na- ture, Is an improper and inefficient en ! rtl,
 Judge cannot take sides. He cannot act detective. The court cannot or der evidence from Mexico or Spain The court can act only on the evidence submitted The defendants heinz poor can obtain no evidence and tht i court, instead of providing a mean,
 through which justice is to be ad
 ministered, will be degraded into
 tribunal of oppression and wrong.
 instance here the celebrated Californi;
 Commission-bcing in effect the sam,
 as this court-which validated enougl
 fraudulent grants to forever damn tn
 court or commission system. l not
 another peculiar fact. Every settle
 is justly afraid of this Court Bill
 while every land grant claimant i
 violently in favor of it. Hearst an
 Reavis and others holding thes
 fraudulent claims, know full well tn
 advantage which this Court give
 them.
 Fourth: The claimant is ready fo trial. He files his petition and issue his summons. The settler has thirt days to answer, and in that time mus plead and prove the invalidity of title, which claimants have been worl ing on for many years. And agaiI when the case is called the grabbt
 will press for trial. The Court vii by every ruel of practice, be forced i r give speedy trial, and this speci; Land Court will be anxious enough { get business out of the way, and tn trials will speedily follow the filing 9 the petition.
 t When the case starts, ii must go o ,. to judgment. The court cannot, witt [ out error, stop trial to permit part I to hunt evidence Many suggestion of fraud and perjury might arise in u case, yet that fact would avail nothin e for evidence will be demanded, whic e defendants from poverty and want a time are unable to procure. Whi n apparently fair and honest, this bi [. seems to me the most dangerol s measure yet devised against the i 0 terests of the settler and the prosperi t of the territory.
 e Fifth: Under this bill, dead claims n such as the Algodones grant at I um # and others-will be revived, and sui l. brought and papers served on settle e for no other purpose than to blackms f them out of sums of money,just lit ;. less than the lawyer would ask to q a fend. A confessedly fraudulent claim -- just as good as valid one when blac $ mail is the object.
 l. The government has no right s thus impose on those holding Ian | under its sanction and underits pater r. Ii is the duty of government to demo o strate the validity or invalidity l. these claims before tribunals whit J. can stop at any time for further pro, e and thus do absolute justice to a l. Under this bill claimants would e turned out, without a claim again l, the U. $. or anyone else for the bt Is terment of the lands, or for their mal e years of toll and hardship, under t n eye and sanction of both the claima W and the government.
 q These are only few of the many ( a jections 1 have to the bill. I trr
 these are sufficient for your purposes.
 Sincerely your friend, .e M A. SMITH.