The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1893-04-07

tnOse Applications because as a citizen
had right to see them. l said then aud
l say now, that could mandamus him
TO see those papers.
| EITHER-wHICH?
They are either public papers or they
are not. II they are private papers
placed in that safe to be destroyed or re-
turned, or what not, they are not official
documents and do not arise to the dignity
OF your consideration. If they were pub
lie documents had a right to see them
at that time. l suggested that his most
trusted friend be permitted to examine
the papers, but that l be permitted 10
know what those papers contained, and
that the contents be published, and l
said, IF you will permit me 10 see those
papers will send out at the expense of
the press as many detectives as you desire
| to see II the parties whose names appear on
those applications as applicants have any
| existence in fact, and how the relation of
! attorney and client came to be eStab-
lshed between them and the parties
whose names appear on them as attor-
neys." l think the General should have
shown me those papers which he declined
to show me. II he had done 50, think l
would have had before you u great deal
OF information, which would have ena-
bled you to act much more intelligently
than you can act now. Beyond the rea-
sonable proposition at the threshold as
to whether the General has the right TO
exercise the option conferred on the
State by the Act of 1891, you are called
upon to act in the dark. You have no
knowledge of what those things are in
| the safe, and cannot have.
Commissioner Hart-Do you know
how those papers which you say are in
| the safe were sent here; whether they
were sent here to be filed?
Mr.. Singer-No, sir. 1 know some of
them, yes. Amongst the papers that l
saw was this. This is a copy made by
my clerk. 1t is entitled stipulation"
1t is stamped 'Surveyor-G Office,
Jan. 10, 1893"
1t is stipulated between the Surveyor Gen.
| eral, Snow, Bradford, Bates Stratton. 'Hink-
| son, Wharton and Hyde that the question of
| the prior right to use the basis in the San Ga
| brel Reservation under the application now
| ending. shall be submitted TO the Surveyor
General for decision, who will refer the mat
| ter Tor advice to the Attorney-General.
The parties Will agree upon statement of
| facts If they can't agree ON such statement,
! then they will submit their own statement OF
facts to the Suryeyor-Generala and he will
| therefrom make up such statement as he may
| deem correct.
This statement shall be submitted to the
| Acknowledgement, and day named by him
| Tor arguing the same, of which all parties
| shall be notified and shall have the opportu-
nifty of orally arguing their cases.
| After the advice of the Attorney General is
| received the Surveyor-General shall render
| his decision. After such decision is rendered
| all parties shall be notified thereof and shall
| be allowed thirty days from the date of such
| notice TO carry their cases into court. AT the
| end OF thirty days II no appeal is made TO the
| courts, then the decision of the Surveyor
| General shall be carried into effect. If any
| cases are carried INTO court, the Surveyor
| General will take no action affecting the lands
and basis used. The decisions of the court in
| the case will be binding on all parties.
My understanding is that the persons
whose names appear here We're in indus
| triOus attendance at this office and its en-
| vironments for several days in advance of
the President sending the proclamation,
| thinking that the fellow who got the first
dispatch from Washington would be first
in the office, and, under the statute, the
first in time is the first in right, other
things being equal. General Reichert,
for reasons of his own, did not see tit to
act on these applications when they were
presented, and so they got in the safe.
Commissioner Hart-You are familiar
with the statute in reference to State land
laws?
| Mr.. Singer-Yes, sir.
Mr.. Harris there any reason why a
| doubt in the mind OF the Surveyor GEN
eral should keep him from filing these
| applications for lands?
Mr.. Singer-There is. Section 34l7 pro-
VIdes that he must file it. l had occa-
sion to test that once in a mandamus pro-
| ceeding, and | presented a lieu applica-
| ton where the loss had been claimed, and
applied to file on the land, and the rule
was laid down that he was bound to obey
the statute, and there was no discretion,
POWERFUL FIRMS.
WANTED to say one thing more that L
had overlooked here all the way through.
The firms that [ have been informed are
now dealing intermediate between the
bnpDn- Snnl<pr and this n ha1
very powerful, and their power has ex-
tended into the Federal as well as the
State legislation. 1t is said that one
firm was very instrumental in the pas
sage of mineral Act-that a large fee
was paid, in the passage of it, to Mr..
Brown of the firm of Britton & Gray of
| Washington. L am informed that bill
was introduced in the Assembly first
looking into an investigation of the office
in matters arising out of scandals
General Reichert-That was matter
that occurred here twenty years ago.
Mr.. Singer-Then 1 will take that back.
Then the next thing was Senator Ford's
resolution, and pursuant to Senator
Ford's resolution somebody was ap-
pointed as a clerk to make an investiga-
| tion-AIr. Kelly
General Reichert--No, sir; it is not
true.
MIR. Singer-I will state it: That Mr..
Kelly was appointed pursuant to such
action as was introduced bv Senator
Ford, and that Mr.. Kelly became sud
denly inebriated, and that he did not
draw sober breath for a long time, and
that then Senator Ford withdrew his
| resolution.
General Reichers-It is not true at all.
sir.
Mr. Singer-Theu the last action was
by Senator +. e. Hart. He offered a
| similar resolution, but it came in very
late, and it made some provision for sal
ary for same fellow who was appointed
to examine the record. That feature OF
| it defeated it, l believe. and it was with
drawn.
| Mr.. Pillsbury-Do you represent anv
particular interest?
| Mr. Singer-Nothing but the press. I
will tell you frankly about it. Some
time since, in the way OF gossip with the
| President OF the RECORD UNION Pub
fishing Company, w. II. Mills, a story
was told of these manipulatians. 1t was
told rather crudely, and knowing l was
! familiar with land matters and had been
an attorney in those matters for a great
many years, he asked me about these
| things, and l went on in a gossiping
way, telling him how the operation
occurred. An editorial appeared after
| ward in the RECoRD-UNIoN on the SUBJ
| iect. After that some people whom [
understand have an interest in these APP
plications in the safe endeavored to have
no more writing in that paper about it,
but unsuccessfully. Then General
Reichert was asked by Mr.. Mills if l
might examine these records, The rest
of the story L have told you.
General Reichert-That is correct. /
told you you could have access to all the
records of this Office.
Mr.. SingerLYou did, and you treated
me very kindly, indeed.
Mr.. Pittsburgh want to ask you
whether there are any people that you
| I'm IN