Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1889-02-12

for, and thereupon proceeded to refuse
request the settlers did not make. No
one would dream from the reply of
Secretary Lamar that the settlers had
petitioned TO have the authoritative and
valid decision of Secretary Cox of 1869
respected and enforced The evasion Of
the settlers petition by Secretary Lamar,
after the commissioner favorable
report was formally brought to the atten
ton of President Cleveland, who prom
ised to give the matter ,-etention and
make reply, but, in spite of frequent
reminders from the settlers, has so far
refused to comply with his promise.
TIE SUPREME COURT sCARECRow.
The Maxwell grant company, after the
settlers began TO cIamor for the enforce
ment of Secretary Cox IS valid decision,
had the Maxwell grant case, which had
been appealed by the government from
the decision of Judge Brewer of the Uni
ted States circuit court, to the supreme
court, advanced from the bottom of the
record of the cases of this high tribunal
some three or four years down to the top
thereof, in hopes by the favorable deci-
sion they knew would result, that the
settlers would give up their fight. But
the settlers had ascertained that there
were at least two things that even the SUI
preme court of the United States
could not do: first, it could
not give validity to the grant survey and
so-called patent of 1877 and 1879, which
were made in violation of law; second it
could not, by collateral proceeding, re-
verse the authoritative decision of Secre-
tary Cox. Hence, the settlers, right in
the face of the supreme court decision,
have continued to insist on the validity of
the Cox decision and TO demand its en-
forcement.
CONGRESSIONAL SILENCE.
Last February the settlers had the
Hon. w. s. Holman of Indiana offer a
house resolution, instructing the private
land claims committee to make investiga-
ton and ascertain whether the secre-
tarY's decision of 1869 had been legally
reversed either by the interior de-
partment or by the supreme court of
the United States. When / presented
the settlers case, the committee-a quo
rum being present-mainfested on the
recital of the facts, unmistakable indlg
nation, and as touching the supreme
court matter, Mr.. Weaver of Iowa and
MIR. Wickham of Ohio, voiced the senti-
ment of the committee when they declared
that the supreme court could no more
reverse the decision of Secretary Cox
collaterally than justice CT the peace
could. The subject matter of the reso-
luton was referred to a subcommittee of
four-B1r. Sayers of Texas, Mr.. Weaver
of Iowa, Mr. Wickham of Ohio and Mr..
Cochran of New York 1t soon
became quite evident to me
that Mr.. Sayers of Texas the
did not intend that his committee should
ever meet-should ever be called to
make report. No report has yet been
nor will be made. The Maxwell land
grant company's spies, perceiving that
the committee, if allowed TO report,
would certainly report that Secretary
Cox IS decision had not been collaterally
reversed, but was valid and should be
enforced, determined that there should
be no report; that the committee should
be silenced. The silence of the commit
tee, then, is quite significant; impress
sively, startlingly significant. as con-
gressional silence in the interest of
wealthy corporation always is.
PRESIDENTIAL SILENCE.
The settlers, therefore, hopeless of con- |
gressional action, have again concluded |
to try President Cleveland. It is his
sworn duty, they say to see that law is
enforced; and when they ask his excel |
the valid decision of Secretary Cox, they |
claim that it is his duty to make reply. |
This, they say, is certain: The president |
should reply; he should not treat a set
tiers petition for the enforcement |
of law, and the protection of rights |
dependent upon it, with contemptuous |
silence. 1t is the president IS duty the |
settlers maintain, to reply, either that |
the secretary s decision has been legally |
reversed, and cannot therefore be en- |
forced; or, that said decision is valid |
and in spite of the taX-title trick of Ell |
kins, CatrOn and Mills, in spite of the |
Tarneling case trick of Williamson and |
SchuTz; in spite of the evasive trick of |
Secretary Lamar; in spite of the cOllat- |
eral proceeding trick of the supreme |
court; and in spite of the significant ST.
lence trick of congress, the secretary's |
valid decision, ''by the Eternal, - must |
and shall be enforced.
CONCLUSION.
While the settlers are waiting for con-
gress or the president to answer their APP
propriate and earnest prayer to have en-
forced the valid decision of Secretary
Cox, they are determined that the Max
well land grant company shall not be
permitted to take advantage of the Grim
inal silence of the higher tribunals to use
the local courts against them in the mat
ter Of evictions. They say to the Max
well grant company IS courts: Hands
off until we hear from above
o. P. MCMAINs,
Agent for the Settlers.