San Marcos free press. [volume] (San Marcos, Tex.) 1877-1892, 1889-05-30
A Decision Of Vast Importance by Com


A Decision Of Vast Importance by Com
missioner StOckslager.
The National Domain, newspaper
published in Washington, ID, G., and
devoted, MS its name indicates, to
public land matters, in its issue OF
April makes the following editorial
comment upon an important decision
of Land Commissioner Stockslager:
We publish in full in this number the de.
cision of the commissioner il the case OF
the Tumacacori private land claim in
which. for the first time In the history OF
the land department, the question Of pri-
waite land claim reservations in New Mexico
and Arizona, their legality and limitations
are considered. L. appears that great
quantities of land have been, for many
Years, withheld from entry and settlement
| by the mere clerical act of marking the
word 'reseryedn ON the tract books with
ont authority of law. The bases for the
said marking are the plGts for so-ca!led
preliminary surveys" These are surveys
of claimed exterior boundaries procured by
grant claimants after the surveyor generals
examination and report. and, rs shown IN
the case mentioned, have been smuggled into
the printed reports as q part of the original
examination. They are known to be grossly
excessive in quantity and rs held by Com
missioner Mcfarland ''are unauthentic for
any purpose" Yet all the assumed private
| land claim reservations in the territories
mentioned rest upon these fraudulent sur
yeys.
1t is amazing that practice so unfounded
| in law and reason, so unjust to settlers 10
ruinous to the interests of the government
and SO absurd Gs matter of executive I'D
ministration as that of holding in assumed
reservation great bodies of public land for
the benefit of exaggerated and often myth
ical claims, should so long have prevailed
in the practice of the general land Office.
1t cen be accounted for only from the fact
that heretofore but one side was presented
to or heard by the department. Private
claimants have been represented by abund-
ant counsel. The government has had no
representation, and settl rs residing upon
the claimed lands have not known the ne
cessty for q representation of their inter
ests. Grant claimants have, therefore, had
their own way in impressing their wishes
upon the department and in moulding Off
cial action to suit their own aims. The
time has now come when those who want to
preserve lands from private land claims
speculation and for those who ore seeking
public lands for settlement, to rouse them
selves and Join hands in the issue that Com
missioner Stockslager's decision has opened
for their benefit.
The Hon. George ". Julian, the
able and efficient surveyor general Of
New Mexico, referring to the fore
going decision of Commissioner
Stockslager, is reported as saying:
Mr. stockslager has almost immortalized
himself. 1t will go down in history as one
of the great movements in favor of the just
rights of the government and the people by
the Cleveland administration, and one, too,
which the present republican administra-
ton cannot afford to galnsay. If carried
out to its legitimate conclusions, 1t will re-
store more than three million acres of land,
now Illegally held by grant claimants to
the public domain for the benefit of actual
settlers. 1t is the most important step
taken under the Cleveland administration.
1t was the great opportunity that opened up
before Mr.. Stockslager, and he seized it
with bold hand, and fortified his position
by unanBwerab!e arguments. His other
work, compared with this. was mere routine
work, faithfully and honestly performed,
which reflected credit upon him as an eff
cient officer, but this latter act, restoring to
the people these millions Of acres OF land,
places him above all his predecessors in its
far reaching effects for public good.