The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1892-03-02

To THE EDIToR-Sir: Attorney General
Miller responding to the toast, ''The Pres
ent Administration" in Philadelphia last
Friday night, speaking of the public lands,
said:
The secretary Of the interior in 1888. while
recognizing these facts, yet in his annual re-
port, which had to deal with the results of a
policy in the land office of suspicion against
all entries upon public lands states that there
were then 305953 original land entries in
arrears for patents, of which 81, $40 were for
hOmesteads. and that the arrears are still in
cIessing. Thereupon he despairingly says:
How dreary is the prospect opened to the
settler by the figures now exhibited by the
arrears of business"
The present secretary however, assum-
ing that with the pioneers on the public
lands, as with other men honesty is the
rule and dishonesty the exception, makes
very different showing Against A, 443
agricultural land patents issued in 1886
and 1887 he gives 231 sol issued in 1890
and 1891, and states that the 100000
arrears OF entries awaiting patents In 1888
have, by diigent work, been reduced to
$4,000 and that IN another wear all arrears
will be wiped out and this hard working,
much-enduring class of citizens will be
abAC W OObaku DdI6HIS lOI their laut5 US
soon as they are entitled to them"
So far as the policy OF the land Office
under this administration is concerned, it
may be summed mp in six words. 1t is,
get rid of the public lands. In the land
office as in the pension Office, the treasury,
and all other departments of the govern
ment, the easiest way as well as the best
way to make O large record OF results,
Is to allow all claims presented.
1t Is an easy matter to issue
patents to those who claim them,
but a very different and much more diff
cult matter to make careful and pains
taking examination 10 see that the law
liberal in ali cases, has been complied
with. 1t is also easy enough, and quite
agreeable to claimants, to say that the
policy of the Office is to treat settlers as
honest men and not looked upon with
suspicion, take it for granted, therefore,
that they would not ask for patents il they
had not complied with the law and were
not entitled to them. But ia this the prac-
tice in all the departments? Is it the rule
Of action In any of the other departments?
As to Patents Issued.
The last year of Mr.. Arthurs admins
tration, Mr.. Mcfarland, with a force
nearly as large as the present force, issued
81, 1897 agricultural patents. Under this
administration, in the year ending June
80, 1890, there were 117,247, and in the
year ending June so. 1891, 114,36O issued,
according to the last annual report.
How was this done?
A board of review existed, composed
of a chief and of the best men in
the Office, with duties similar to
such board in the pension Office, through
which all cases passed for final examina-
ton before patent. This board was i'm
mediately abolished by the administra-
ton, and no examination substituted for
it. A large number of clerks, including
[manv of the lowest grade, ''transscribers
of records" at 5000 and copyists at 5000.
both men and women, were put to examin-
ing cases and rushing them TO patent,
without any supervision whatever.
The examination of all the steps neces-
essary to obtain title, including the appli-
cation, entry, conflict between entries
whether or not the land is subject
to entry; and il so, whether
under the particular law under
which the application is made;
publication of notice, whether proof was
taken in all things as advertised; all
question of qualification or lack of quail
fcation to make the entry, viz: whether
the right has been exhausted; if an alien
born, the sufficency of proof of naturaliza-
ton, which involves questions like those in
the Boyd-Thayer case, recently decided by
the supreme court; If by person claiming
to be a deserted wife," whether the proof
shows legal desertion; or if the entrymen
died after making entry, its perfection by
fho baira or adm frIa tr and thu la-
gality of their application as such, and last
and most important, to examine and weigh
as Judge the evidence submitted as
final proof of compliance with the law,
and determine whether patent should
issue.
All this was done after the board was
abolished and is now being done by the
clerks referred to, without any eXamina-
ton or supervision of their work, but
their approval for patent sends case di-
rectly to the patenting division for patent
to issue.
1t is not strange that more than twice
as many patents are now being issued as
Mr.. Mcfarland issued. But it is strange
that, done in such manner, it is boasted
OF as a great achievement.
The supreme court, in the case OF the
iron and silver mining company i12S u. s..
673), after stating the liberal policy Of the
government under the land laws, add !:
''But it exacts faithful compliance with
the conditions required"
III the commissioner does not look after
the interests of the government and see
that the conditions are faithfully COM
piled with, no one else does or can. The
secretary knows nothing of cases which
go to patent enormously, except when
there is an adverse claim.
Mr.. Arthur's commissioner in bis last
annual report. speaking on this subject at
pages 10, l6 and II, said:
I'm a special report submitted May 10,
| 1884, in reply to resolution of the senate,
] stated as follows: Beyond cases spe-
officially examined 1 have no doubt that