Arizona weekly citizen., 1890-05-10
RELIEF FOR THE SETTLER.

ID making pubic the following letter addressed by the sHon. Assistant Con- missiorcr Stone, to the Register and Re ce.vac Of tho Land Office here. The los sss caused by Democratic recuiation are to be made good to the settlers, U ho unfortunately contided their money to the keeping of the fate Receiver. i'm pelled by strong sense of Justice to a suffering people, the Honorable Com missioner orders protection of their in terests by the acceptance and passage of the final proofs upon which money had been paid, as before noted. The letter contains the true ring of Repub- lican justice, and marks in contrast ..the policy cf the Dem ocratic and Republi- can national administrations. The for mer, through it's appointees, robbing the people, the latter through its high sense of justice, making .their losses good.
 We commend the noble sentiments expressed in the Hon. Commissioners letter, to the earnest consideration of our readers.
 DEPARTMENT OF THE INFERIOR
 GENERAL LAND OFFICE,
 WASHINGTON, ID. C.. April 30th, 1890
 REGISTER AND RECEIVER, Tucsen Ariz
 SIE:-I incloso herewith a statement as taken from the records of your office, showing the final proofs now in your office awaiting examination, on which the money in payment for the same was paid to Fred ". Smith, the late re- ceiver, and was by him appropriated for his own use and never accounted for to the United States. You are instructed to examine all the finLl proofs now in your office, as shown by the accompanying list, and if the same is found sufficient, you will request the parties in interest to furnish an affidavit, properly tested, showing that they did pay the money to Fred w. Smith, and whether the same was paid by draft or check. If the parties can furnish certified copies of these drafts or checks from the cashier of the bank, showing the same, you will obtain these copies and allow the entries, as of date when proof and payment were made. You will refer to the entry papers and upon your records, to this letter by initial and date as your authority therefor.
 The receiver ill enter upon the books of his office, under the account of Fred w. Smith, late receiver, the amount of purchase money received for each class of entry. You will give to sad entries ii half number, corresponding to the time when said proof was accepted, and pre- pare supplemental abstracts of the same, noting thereon, allowed by let ter 'M' of April 3Oth, and purchase money is to be charged to Fred w. Smith, the late receiver. You will theh prepare an account current, from 4-1O5 thereof and certify therein that the transaction reported appears from the records of your office. The receiver will send a du u:Ilicate re- ceipt to the entrymen. in accordance with the instructions herein contained, noting on the receipt as his authority, this letter by initial and date, and after you have carefully examined all of these papers, as instructed in this letter, you will forward them to this office for future consideration.
 The decision of this office heretofore has been against the allowance of an entry where the money be payable tc the receiver of public moneys, if the moneys. were not properly accounted for. or deposited to the credit of tho treas urer of the United States.
 But as matter of, equity and in view of the general circular of this office which provides that proof without pay ment must in no case be accepted or received by Registers and Receivers, and in view Of the fact that entrymen have made their payments in accordance witt this circular, issued by this office, ii is the opinion of this office that the en- tries should be allowed.
 I am aware that the the views herein expressed are in conflict with the practice above referred to, but my understand ing of the law, and convictions of equity are so strong and clear, that, reluctant as am to change the former practices, I feel myself compelled to do so in thi. case. therefore hold that the money paid by entrymen to Fred w Smith, Re ceiver, and received by him in his officia capacity as such, were made pubic moneys within the meaning and intent of the law, and the payment to hin was payment to the govern ment. The recourse of the United States is under the official bond of MT Smith, and as suit has already been in stituted for the recovery of the amount received by him, the entries should b, allowed without further delay.
 Very respectfully,
 VT nE