Arizona silver belt., 1888-08-25

requesting my reasons for having Ar izona excluded from the McCreary Land Court Bill, and 1 cheeriully com ply with your request.
 First: By treaty with Mexico the U. s. government became bound AT ITS OWN EXPENSE to ascertain the valid- iiy of these claims with view to re- jscting the spurious and confirming tho valid. IL was never the design of the U. $. to force on the bona fide set tiers the expense of these most bur densone ard expensive land trials.
 Second; Nest 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 eases are so authenticated as to be admissible as evidence. On the production of these forged titles the court can lsok no further than to tue due standardization of the PAPER. Be ing 50 authenticated the court will be bound to admit the title papers in evidence, and thus throw on the set ter tue burden of showing tue title a forgery. This is unjust. It Is in fact brutality to these poor, struggling, helpless and moneyless families.
 Third; The court from It's very na- ture, is an improper and inefficient engine in unearthiug the frauds. The Judge cannot take sides He cannot act detective. The court cannot ORDER evidence from Mexico or Spain. The court can act only on the evidence submitted. The defendants being poor can obtain no evidence and the court, instead of providing means through which justice is to be admin istered, will be degraded into tribu- nal of oppression and wrong. l in- s.ance here the celebrated California Commission being in effect the same as thi, court-whieh validated enough fraudulent grants 10 forever damn the court CT commission system. l note another peculiar fact, Every settler 1 is justly afraid of this Court Bill wbile every land grant claimant i; violently in favor Of it. Hearst and Reavis and others holding these fraud uIent claims, know full well the ad vantage which thIs Court gives them. Fourth: The claimant IS ready fol trial, He files his petition and issue! his summons. The settler has thirty 1 days 10 answer, and in that time mus plead and prove the inyalidlty of [ title. which claimants have been work ing on for many years. And agaln when the case is called the grabbe will press for trial. Tho Court will by every rule of practice, be forced t give speedy trial, and this specia Land Court will he anxious enough l. get business cut ot the way, and th
 trials will speedily follow the filing 0 the petition.
 When the case starts, it must go ol 10 judgment. The Court cannot
 without error, stop trial to permit
 party to hunt evidence. Many sug sestions of fraud and perjury nigh
 arise in the case, yet tha5 fact woul
 avail nothing, for EVIDENCE will be de
 manded, which defendants from poY
 srty and want of timo are unable {
 procure. While apparently fair an
 honest. this bill seems to me the mos
 dangerous measure yet devised agains the interest of the settler and the pros
 perity of the Terrltoey.
 Fifth: Under this bill, dead clam such as the Algodones grant 8 Yuma, and others--will be revived
 and suits brought and papers serve cn settlers for no other purpose tha
 to blackmail them out of sums ( money, just little less than the law yer would ask 10 defend. A cenfes edly fraudulent claim is just as zoe as a valid ono when blackmail is u object
 } The government has no right thus impose on those holding lant 3 under its sanction and under it's pa ent. It is the duty of government I demonstrate the validity or invalidi s of these claims before tribunals whit '- can stop at any time for further proc 6 and thus do absolute justice to a r Under this bill claimants would
 turned out, without claim again . the U. s. or anyone else for the bette I, ment of the lands, or for their mal o years of toll and hardship, under t < eye and sanction of both the claima "a and the government.
 $ These are enly a few of the mai Y objections l have to the bill. l trr y tbess are sufficient for your purpss' D. Sincerely your friend,
 M. A. SMITH.