Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1889-02-24

are given, but these afford no clue to the
extent of the tract.
@. Or May 80, 1869, the surveyor gem
eral of New Mexico submitted for ap-
proval a contract for the survey of the
grant, but approval was suspended for a
further report by the surveyor-generala as
to the location and extent of the claim.
Z. On December 81 1869, the secretary
of the interior. Hon. J /. d. Cox, decided
that the grant could not, under the cir
cnmstances, contain more than eleven
square leagues TO each claimant-there
being two claimants.
+ 8. On July %, 1871, Mr.. Secretary
Delano, upon application TO review the
decision of Mr.. Cox, declined to review it
upon the ground that he had no authority
TO reverse his predecessor IS decision in the
case
8. On January %, 1874, the parties,
having refused to accept a survey for
twenty-five square leagues, the surveyor
general was directed to treat the lands
claimed as public lands and TO extend the
public surveys over them. Public sur
veys were thereupon executed, piats filed
in the local land Offices, and entries were
therefore allowed under the public land
laws.
10. At the October term of the supreme
court, in the case of TramelIng VS.. Z. s
f. e. Co. [93 c. S., 6441 it was held
that the confirmation by congress in that
case was effectual and operative for the
entire tract as recommended for con-
hrmatlon by the surveyor general.
Il. On March 16, 1877, Mr.. Secretary
SchurZ directed the commissioner of the
general land Office to be governed by the
rule laid down in the foregoing case and
that thereafter patents should issue for
tracts recommended by the surveyor
general and confirmed by an act of con-
gress, Notwithstanding it may exceed in
amount eleven square leagues of land.
y. On June %, 1877, the commits
sioner of the general land office directed
the surveyor general TO survey the Max
well grant 'ln strict accordance with the
description of the boundaries as given in
the judicial possession -
10. The survey was reported by the
surveyor-general as executed in Septem-
Der and October, 1877, and on May l9,
1879, patent was issued for ia ,764. "a
acres.
IA. On August 16, 1881, Mr.. Secre-
tary Kirkwood recommended the attor-
general to bring suit to set aside the
patent, and suit was instituted for the
purpose in the Eighth judicial circuit.
And since said report
Is. The suit was carried to the supreme
court of the United States, and was there
decided adversely to the government and
the patent was sustained. GU. s. Re-
ports, vol. 12l, p. 925.
Is. The government petitioned for
relrearing of the case, but it was denied
by the court. e. s: Reports, volume
1872, page 365.
In view of the facts above stated will
any fair-minded man claim that / have
been neglectful as charged by Mr.. Nc
Mains? If any one will take the trouble
to write to Mr.. Joseph OF New Mexico, or
to Mr.. Symes of Colorado, both
of these gentlemen will not only
confirm what 1 have stated, but will
even go further as to what have sought
to do in the premises. Since the 10th Of
November last, / have been constantly
occupied with my duties upon the appro-
priation committee, which, IN conse-
quence of the death of Mr.. Burnes and
the limited length of the present session,
have been exceedingly onerous, claiming
ny attention both day and night.
These duties, together with the de-
mands of my own constituency, have
not, since the above date, left me an OPP
portunity to attend to anything
else. 1 have, therefore, not been
an attendant upon The committee
on private land claims during the present
session, having been relieved of all duties
on its subcommittee by the chairman
because of the constant work upon me as
a member of the committee on appropri-
atoms.
Prior to the above date exerted my
self to the utmost of my ability, in
behalf of these settlers, Notwithstanding
they had their own representatives in the
house, who were also doing what they
could in the same direction. l did this
because 1 then believed, and do Low
believe, the Maxwell land grant to be
monstrous fraud, but, in consequence of
the decision of the supreme court, beyond
the reach OF congress, and that the set
tiers thereon are deeply injured people.
I also believe that it is the duty of the
Federal government to compensate them
for the injustice which they have inuo-
Gently suffered, and whenever bill for
their relief is considered l shall certainly
give it my support.
Having done this much, feel that the
interview of Mr.. McMains has done me
the grossest injustice-not only because,
in SO far as it charges dereliction of duty
upon me, it is wholly unfounded in fact,
but also because it is so utterly at vari-
ance with my record here and elsewhere,
upon such subjects.
1 trust that this explanation will be
TO THE GAZETTE and to its |
readers. Yours very truly,
JOSEPH D. SAVERS.
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