The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-12-05

matter Of much importance 20 pur-
chasers OF and settlers upon public lands
l. sIiuded 20 in the presidents message
Mr.. Cleveland Endorses the recommends
ton Of bis secretary Of the interior and
opeus the way 20 prompt smendatory
Congressional action on the subject. The
references and recommendation are spec
cial.y directed TO eases Of conflict between
claimants Of public lands. whose claims
are Iitixased and rights determined IN the
land department The process now Ia
such cases is begun by . hearing before
the local officers. The testimony Is
transcribed and, with the findings Of the
officers. transmitted TO the commissioner
Of the general land Office st Washington
City. An appeal lies from the local Office
TO the commissioner. IL no appeal be
taken within the period prescribed BY the
department the decision OF the local off,
GERS becomes final
But IL IL concerning this matter OF APP
peal that the grave fault exists for which
remedy is sought and recommended. APP
pesis from the decision OF the local
officers are transmitted, together with
al pIsadings. records and testimony. 10
the commissioner. These he IL supposed
10 review. investigate and decide. This is
practical impossibility, as I'm many If not
the majority OF cases the matter at issue Ii
one OF fact instead of Law and the testi-
mony is often very voluminous. The
labor OF reading this testimony and the
responsibility OF deciding these cases Is,
therefore, in great majority of cases de-
VOWED upon the clerks in the commission
sr's Office. and their respective conclu-
sions are signed psrfanetoriIy by the
commissioner. who either afiirms. modi-
fss or reverses tho decisions OF the local
officers.
This is. however, by no means the end
of the iitigant's woes. An appeal may
still be had from the decision of the COM
missioner to the secretary of the interior.
In such case all the papers, including
testimony, findings of local officers, COM
missioner's decision In reversal or APP
proval-in short the whole case goes TO the
searetary's office and IL theoretically ex-
amined and reviewed by him. Obviously
It cannot be done by any one man
however diiigent or gifted Out OF
from 5000 to 400 cases annually
sent up from the local land offices
to the commissioner on appeal fully 1000
find their way By another appeal to the
secretary's Office. 1t Is palpabls that but
very few of these can or do receive the
- h. i
burdened with a multitude of administra-
tive duties in the supervision of the
interior department. The decisions
here, SIS in the Office OF the
commissioner. are prepared by clerks.
and unless in cases of especial
course. Upon this the president remarks,
referring to the secretary: "His determin-
alton of these appeals must DO almost per-
functory and based upon the examination
of others. though this discrimination of
the secretary operates as final adjudics-
ton upon rights of very great import
ance."
The remedy proposed is ample and
proper. and should promptly be adopted
and set In operation. The president con-
ours in the recommendation of the secre-
tary that non-partisan court should be
created to pass upon such cases. and that
the decisions of this court should be final,
at least so far as the decisions of the de-
partment are now final" liz Ia also sug-
gessed that from the proposed court ques-
tions Of law might be certified, in cases of
special importance. either TO the court of
appeals for The district OF Columbia or the
supreme court of the United States for
decision. The institution Of such q court
would be hailed with pleasure not only by
attorneys who make q speciality of land
law and practice. and who find il difficult
under the present system to determine
with any tolerable certainty "where they
are at" but by litigants.
Such court will secure definite deter
mlnation Of contested cases within q
reasonable period. reduce the labor of at
tornsys and thereby the cost TO contest
ants, to whom a contest" In the land
department. is always heavy financial
burden. aud often as prolonged IS eases in
the English ehaneery court. 1t is TO be
hoped that the new system recommended
by the president and secretary will be
promptly aud favoFably acted upon by
congress.