Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1891-01-30
LAND DEPARTMENT JURISDIC-
TION.
To Cancel an Entry Of Public Lands
At any Time After Final Proof and
Before Patent.

Offlcc with varied, not TO say Oppo-
site, results. 1t has formerly been
generally conceded that this jurisdic-
ton abides in the Land Department
of the United States, and the present
contention appears to have been par
ticularly stimulated by a decision Of
tine United States Circuit Court in the
State of Oregon, based upon opposite
views. A recent decision of the Intc-
rior Department maintains this juris-
diction, and rests for authority upon
pertinent doctrines laid down in de-
cisions of the United States Supreme
Court. In the recent decision, re-
ferred to, the question came before
the Interior Department on appeal
from the general land office, in case
in which one Alexander sought title
to a tract of land in Southern Oregon.
He had made homestead entry of the
tract, and committed the same to n
cash entry and final certificate had
issued thereon. Upon subsequent in
vestigation by Mccormick, special
agent of the general land office, it was
reported that said entry was invalid,
for the reason that Alexander had for
merly completed title to another tract
under the homestead law. At hear
ing on said charge, Alexander con-
tended that such former homestead
entry was made by another in his
name and in fraud of his rights and
the right Of the government; but the
fact appeared that after proof was
made on said former entry, he executed
a deed conveying the land to this other
party, whom he states so defrauded
him and the government. Thercupon.
his commuted homestead entry, for
the lands in Oregon, was by the gem
eral land Office ordered Cancelled, and
he appealed. Pending such appeal,
one Fine, claiming the land in Alex
ander's commuted homestead entry by
virtue of a settlement thereon subse-
quent to the order of cancellation of
said entry, attempted to intervene and
have the appeal of Alexander dis
missed as dilatory and in bad faith !;
and to have his claim to the land as
settler recognized. He represented
that he had frequently been driven
from his settlement by Alexander and
his agents, and latterly elected by ju
dicial process at the suit of one Wilson
of California, Alexander's assignee.
That he had returned, and that an ac-
tion was pending in the United States
circuit court of Oregon at the suit of
Wilson, against him involving the
right to the possession of land. His
to intervene was denied by
the department, for the reason that
the proceeding against the entry of
Alexander, being at the instigation of
the government, precluded the contest
of an individual, pending its determine
tion. The principle objection to the
order of cancellation, urged by Alex
ander in his appeal, was based upon
the contention that there was no juris-
diction in the land department of the
United States government to inquire
into the validity of his committed
entry after the acceptance
of his Communication proof, and the is
suance thereon of cash certificate as
the basis of patent. In support
OF this contention report OF the de-
cision of the United States circuit
court of Oregon, in the case Of Wilson
against Fine, above referred to, was
submitted and urged as controlling
1t appeared from said re-
port that the court held in that case,
upon demurrer to Fines answer to
Wilson's complaint, that" An entry
and certificate issued to settler under
the homestead act for land subject to
entry hereunder, cannot be set aside
or Cancelled by the land department
on its own motion for fraud or mistake
or occurring in obtaining
or issuingit. In such case the Govern
ment must seek redress in the courts,
ETC." In ruling upon this objection,
and with reference to said authority
offered in support of said objection,
the decision of the Secretary OF the
Interior states that this question has
been so we'll settled that it does not
require discussion for his decision.
The fact is noted, however, that the
supreme court Of the United States, in
the case of Cornelius VS.. Kessel Q2S
U. S. 1860, to which counsel for Alex
ander referred as supporting his posi-
ton, say: "The power of supervision
possessed by the commissioner OF the
general land office over the acts OF the
register and receiver OF the local land
Office in the disposition of the public
lands, undoubtedly authorizes him to
correct and annul entries OF land al
lowed by them But the
power OF supervision and correction
= can be exerted only when the
entry was made upon false testimony
or without authority Of law" The OBJ
lection to the jurisdiction OF the de-
pariment in the premises was accord
ingly oycrruled by the Secretary OF the
A. oe nannntiQtlOD