Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-12-08
The Order Of the Day Under the
New Administration.
The Granting OF Patents and the En-.
plOyment of Railway Clerks in
the Land Office.
Commissioner Hall Talks Frsely-No Undue
Hssse-Ihree Clerks In the Employ OF
the Railroads and Why.

days it has been rumored quietly here
that the general land office was making
undue haste IN granting land patents TO
railroads, and that one or more clerks in
the pay OF the railway companies we're
employed in the land office as assistants
to the clerical force at work there.
With respect 10 the granting of patents
it was said that the validating act of
April l6, 1889, was made to cover resur-
veys of lands not valid under the Sec
ton l of that act. This section provides:
'That in ali cases where parties resur-
veyed lands by virtue of valid land GER
tifcates, previously surveyed and on file
at the general land office without having
taken out certified copies thereof, and
thereby failed to comply strictly with the
law, such last named survey which in
law might be deemed relocation,
SHALL BE VALID,
and the owner shall hold hereunder,
thereby abandoning ell other surveys
previously made; and the commissioner
of the general land office is authorized TO
issue patents therefor.
The object of this section apparently is
TO validate such certificates only as by
mistake had been originally located i'll
conflict with some prior valid survey.
Where the certificate was located orisl-
nally on uuappropriated public domain,
it is contended that it became i'll law
merged with the lanu, and was therefore
incapable of being again tloated. In
other words, when the holder of GER
titicate locates it on land that is q part of
the public domain, he may not pull up
stakes, and under color OF the validating
act of April, 1889, transfer his certificate
TO a better or
MORE DESIRABLE PIECE OF LAND.
His right to do so is gone beyond re-
call, and he must, like the woman who
made "a foolish match, lie on the bed
chosen by himself. Such is the opinion
of lawyers on this section of the vaiida-
ting act of April, 1889. Whether or not
all lawyers would join in it, is not
known.
To ascertain the truth or falsity of
the rumors atloat concerning the grant
ing of patents and the employment of
railway clerks in the land Office, the
writer called on Commissioner Hall, and
told him what WAS being said in regard
to both matters He answered that he
was
NOT AT ALL SURPRISED
at the recital of such stories, that this
was not the first time that fault had been
found by outsiders with his management
.nftAa Office with respect to land patents,
and that he had been warned to be on
his guard against rumors OF this kind.
Referring to the subject of patents. he
said that the office WAS now doing DO
more in this line than was customary,
that the actual number of patents beng
issued at present to railroads was not in
excess of the average number of such, if
indeed 1t was up to the average. To
verify his statements IN this particular
he invited the writer to make personal
INSPECTION OF THE OFFICE
which he did i'll the company of Mr..
Davis, a polite and gentlemsnly clerk
detailed by Mr.. Hall TO aid in examining
the records. 1t was found that for the
months of October and November, 1890,
patents to railroads were issued as fol-
lows: To the Houston and Texas Gen.
trail railway company, two original pat
ents and fourteen in lieu of cancelled
patents; to the Texas Mexican railroad,
two original patents; to the Missouri,
Kansas and Texas railroad, one original
patent; TO the B. B. B. & c.. railroad,
one original patent; to the Texas and
New Orleans railroad, one original pat
ent; to the Texas Pacific railroad, one
patent III lieu of u cancelled patent. This
list completes the number CT original
and "cancelled' patents issued to rail-
way companies in the two months afore-
mentioned, and is certainly very
modest showing indeed. If this list be
correct, as the writer thinks 1t is, no
one can find any fault with itor.
COMPLAIN OF INDECENT HASTE
in showing favoritism to the railroads.
If there be any such haste or favorltism,
IL must manifest itself in some other
direction.
A good deal was said by Mr.. Hall con-
corning the validating act of 1889, and
his Interpretation thereof, and method
of executing its provisions. He con-
tends that the letter of the law, which
he regards as most beneficent one, is
being strictly adhered to, and that it is
being applied with equal impartiality in
the case of railroads and OF individuals.
THE OTHER QUESTION.
Asked as to the rumor concerning the
employment IN the land office of clerks
in the pay of railroads, he admitted that
il was correct to the extent that there
were at present three such,, who were
assisting the clerical force of the office
in preparing field notes of surveys for
record IN the various counties where the
surveys were made. One of these rail-
way clerks had been in the office for
some time. and two others had bsen
added recently. He had himself notified
the railroads long ago that he could not
with the number of clerks allowed him
make any Roadway in getting out copies
of field notes, and that II they de-
sired to expedite the work, they
MUST FURNISH THE HELP.
The use of this extra help he justified
on the ground that it saved the state q
considerable expense in preparing field
notes, that would otherwise have to be
gotten out sooner or later by the clerks
in the office. He did not consider that
it was at all legitimate subject for
criticism, but thought on the contrary
that it was thing perfectly right and
proper, as well a matter of economy and
saving to the safe. This in brief was
the substance of his statements which
are, the writer believes, in the main COZ
rect.
NOT CIVIL SERVICE.
The letter received Thursday by J. II.
Hutchins from Commissioner Elect Nc
Gaughey, informing him that certain
clerks in the office to the numbe of thir-
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