The record-union., 1893-05-08
THE DECISION OF THE COURT.

* L.
We assume that the people are we'll in
formed concerning the method of vitaliz-
ing the purpose of the Government in the
endowment of actual settlers, genuine
home-seekers and honest land-takers.
with small tracts of land at nominal
prices. The whole scheme of the Govern
ment in the distribution of the land heri-
tage of the people, is based upon the
principle of encouraging the taking, occu-
pancy and cultivation of small tracts of
land, because out of attachment of the
citizen to the soil grows that substantial
and enduring patriotism that is the best
substructure of safe government.
Whatever, therefore, tends to defeat
this beneficent purpose is in antagonism
to the perpetuity of free institutions. A
system intended to conserve Just distri-
button of public lands among home
builders, that is twisted and contorted
into means to conserve land monopoly
and the speculations of land brokers at
the cost of the people, becomes positive
menace, therefore, to free government.
because of these truths the RECORD
UNION not only entered its solemn pro-
test against the infamous system by which
landsharks are enabled through use of the
machinery OF the Government to swal-
low up the heritage of the people, but it
proceeded in court to check the procedure
and to make public the devices of the
Land rings, since the greatest of correc-
tions for evils of the character stated is
publicity.
Under the Act of February, 1891, con-
corning forest reserves and mineral lieu,
1T became possible for some 100000 acres
OF land to be taken by actual settlers and
genuine home-builders in small parcels.
In December, 1892, large number of
applications for these lands was filed with
the Surveyor General, ex-officio Register
Of the State Land Office, by the land specu-
lators and monopolists. They were
practically dummy applications, mere
pretenses, booking out bona fide appli-
cants. These documents the SURVEYOR
General placed in his safe. and refused
permission to citizens to examine them,
or even by casual survey to ascertain
their character. By this action he consti-
tuted himself, to all intents and purposes
the agent, attorney and next friend of the
land-grabbers and attorneys for the dunn
mics.
By'reason of this action, which the of
hcial defended on the ground that certain
intermediate questions and alleged facts
had to be determined, and which were
pending in his mind, it was impossible to
ascertain what loss of land had been sus-
tanned by the State, and for three months
or more there was a complete lockout of
the people from information to which
they were entitled; but meanwhile, at
at any time, the land-grabbers and their
attorneys had access to these filings in the
safe, to alter, amend or substitute, as thev
might deem best, to effectually shut out
the people. To the demand of citizens for
inspection of the filings, the official who
was their custodian only by reason of
trust reposed in him by the people. re-
piled that the right of the citizen to in
spect did not obtain until he, the Sur
veyor-General, had examined the papers
and posted them into his books.
suance OF the policy of its entire life to
oppose and throttle land monopoly; and
because no one appeared to be protecting
the rights of the people, the arm of the
State in fact being used to strike down
such rights; and in Indignation that the
machinery of State Government should
be used to conserve the business of pub
lie land spectators and appropriations.
publicly demanded inspection of the fill
ings in the safe of the Surveror- G General.
This demand was denied on a variety
of grounds, not one of which was not
fiimsy and pettifogging. Thereupon the
Surveyor General called into counsel
three attorneys standing high at the bar
to advise him. The hearing before them
was numbered by all manner OF collateral.
immaterial and absurd questions, the
main issue and vital matter being sedu-
ousIy kept out of the way and pushed to
one side. Nevertheless, the three attor-
neys decided that the excuses and plausi-
bic devices of the Surveyor General were
toundationless, and by their opinion
plainly gave him TO understand that he
was in error. This decision, which is in
writing, the Surveyor General has not
only refused the RECORD UNION inspec-
tion OF, but has not through any other
medium given to The public.
In the meantime the REcoRD-UN
being resolved to bare the facts to the
light of publicity, appealed to COM
petent court, making the Surveyor-Gen-
eral respondent in petition for writ of
mandate to compel the officer to permit
citizens to inspect public documents.
In our local columns the details of the
final hearing upon that petition will be
found. The court decides precisely what
the REcoRD-UNIoN has contended for
from the beginning. The court holds
that when the applications to take lieu
lands were presented to the SURVEYOR
General he had no discretion, but must