Arizona weekly enterprise., 1890-05-17
Arisona Enterprise.
Relief for the Settler. Tucson Citizen. l

The Citizen takes special pleasure in making public the following letter addressed by the Hon. Assistant Commissioner Stone, to the Register and Receiver of the Land Office here. The losses caused by Democratic pe- culation are to be made good to the settlers, who unfortunately confided their money to the keeping of the late Receiver. Impelled by strong sense of justice to suffering people, the Honorable Commissioner orders a protection of their interests by the acceptance and passage of the final proofs upon which the money had been paid, as before noted. The letter contains the true ring of Republican justice, and marks in contrast the policy of the Democrat and Republi- can national administrations. The former, through it's appointees, rob bing 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 INTERIOR
 GENERAL LAND OFFICE, WASHINGTON, D, C., April Both, l890)
 REGISTER AND RECEIVER, Tucson.
 SIR :-I inclose herewith a state ment as taken from the records of your office, showing the final proofs now in your office awaiting examina- tion, on which the money in payment for the same was paid to Fred w. Smith, the late receiver, and was by him appropriated for his own use and never accounted for ito the United States. You are instructed to exam inc all the final proofs now in your office, as shown by the accompanying list, and if the same is found sufficient, you will request the parties in inter ests to furnish an affidavit, properly attested, 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 ol checks from the cashier of the bank showing the same, you will obtain those 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 Ii: your authority therefor.
 The receiver will enter upon tho books of his office, under the account of Fred w. Smith, late Ieceiser, tht amount of purchase money received for such class of entry. You vii give to said entries a half number corresponding to the time when saiC proof was accepted, and prepare sup elemental abstracts of the same noting, "allow by letter fM' of Apri 3Oth," and purchase money is to b, charged to Fred w. Smith, the lat, receiver. You will then prepare al account current, form 4-105, thereo and certify therein that the transaction reported appears from the records o your office. The receiver will send [ duplicate receipt to the entrymen in accordance with the instruction herein contained, noting on the re ceipt as his authority, this letter b, initial and date, and after you hay carefully examined all of these papers as instructed in this letter, you vii forward them to this office for futuI consideration.
 The decision of this office heretofor has kbeen against the allowance C an entry where the money be payabl : to the receiver of public moneys, the moneys were not properly account ed for, or deposited to the credit of tn treasurer of the United States.
 But matter of equity and in viev of the general circular of this otiic which provides that proof withou payment must in no case be accepte or received by Registers and Recei, CTS, and in view of the fact that entrv men have made their payments in a, , cordance with this circular, issue by this office, it is the opinon of tn office that the entries should be alloy ed.
 am aware that the views herei - expressed are in conflict with Il practice above referred to, but m . understanding of the law, and co
 victions of equity are so strong ar clear, that, reluctant as l am to chan,
 the former practices, I feel myse Ii compelled to do so in this case. P therefore hold that the moneys pa
 by entrymen to Fred W. Smith, R
 ceiver, and received by him in | N official capacity as such, were ma' public moneys within the meanil H and intent of the law, and the pa
 ment to him was a payment to u
 government. The recourse of tl
 United States is under the offici n. bond of MT. Smith, and as suit h
 already been instituted for the recc I cry of the amount received by hi II the entries should be allowed witho U further delay.
 Very respectfully, [, w. M. STONE, = Asst. Commission
 Graham County.