St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-01-18
MESSAGE ON LAND SUITS.
Cleveland Asks Congress to Extend
the Limit for AnnuIment.

Cleveland Asks Congress to Extend
the Limit for Annulment.
WASHINGTON, Jan. 1.-THE presi-
dent sent the following message to
congress:
Washington, Jan. Ito the Congress:
I desire to invite attention to the necessity
for prompt legislation in order to remove the
limitation of the time within which suits
may be brought by the government to annul
unlawful or unauthorized grants of public
lands. y'the act of March 8, 1887 the sec
rotary OF the interior is directed to adjust
each of the railroad land grants which NAV
De unad1usted and it is provided. if it
shall appear upon the completion of such adj
!ustment, or sooner. that the lands have been
from any cause enormously certified or pat
ented by the United States or for the use
OF company claiming under any of said
grants 1t shall be the duty of the secretary
OF the interior to demand reconyeyance
OF the title to all lands enormously certi-
pany to make such reconyevance within
ninety days the attorney general is requested
20 institute and prosecute, in the proper
courts, necessary proceedings to restore title
TO said lands TO the United States
The demands made under this act have been
numerous. and in some cases have resulted
In the relnvestment of title to the lands in
the United States, upon demand; but in most
cases the demand has been refused and suits
nave Deen necessary. The work of the adj
JusIment has been unavoidably slow. The
sald act makes provision for the reinstate-
hent OF entries enormously Cancelled on ac-
count OF railroad Withdrawals and upon GER
tam conditions provides for the confirmation
Vi tltIes derived by purchase from the COM
panles OF lands shown to be excepted from
the grants. 1t contempiaues a disposition of
every tract desired by the granting act stu
aleu "ithln the primary granted limits
an Inspection OF each tract certified or pat
ehted TO the company within such limit TO
determine whether such certifcation or pat
entlng was proper; the listing of these tracts
SEOWH 10 De errODeOuSly cartifad nd tba
determination for what tracts lost TO the grant
indemnity IS TO be allowed. 1t is necessary
tionn iah nt sueh an adjustment that all ques
tlons OF conflicting claims either between
settlers and the road or between the two
ROADS, the grants for which conflict or over
lap. be finally disposed of so that a nrnner
adjustment '-io"i III 'he
.. While adjustments have proceeded with
sle utmost rapidity consistent with a due
Tesard Tor the rights OF the settlers OF the
Chited states and the railroad comoanies
anu whiIe TO TINS end the force of adjusters
i mas oeeh largely augmented in the general
idnu once many of the grants yet remain
unaoJusted In some of the grants notably
the corporation grants. the lack of SURVEYS
up 10 the present time made the completion
Vi the Work impossible. Decisions rendered
by the interior department in numerous con
nlcts nave been carried into the courts The
construction OF the interior department has
peeH generally sustained when final deter
mination has been reached but many os tba
eases are still pending in the courts NOT
YET having been decided. Some of these casaS
While involving Immediately title 10 onI,y 80
particular tract. when decided furnish a ruIe
oL construction to control the disposition of
sie que 10 thousands of acres of other lands
-, 40 .ne same situation Until the courts pass
not be made can
by section of the act of March 3 1891 II
Is expressly enacted that suits by the United
ole,es 70 Vacate and annul any patents there
Io1ore issued shall only be brought within
~ vars from the passage of this act. The
pc OF hve years will expire March 8. 1896.
vi course no suit by the United States IN
secure the cancellation of a patent in mis-
class OF cases after that date would he ef-
;. lndeed 1t is now too late to in
itidle proceedings looking to any such suit
lnasmuch as demand has to be first made on
,he company and thereafter ninety DAYS al
ioWeo ior compliance or refusal, in accordance
WIN the act OF March 3. 1887. Before the
expiration of this period the statute would
par the right of recovery by the government
ana the benefits of anticipated favorable de-
clslons or the courts would be lost so far
as they might determine the character and
disposition OF grants similar to those directly
i iI IN pending cases 1t will be read
lily seen that If this act of limitation is to
remain on the statute books the portion of
the adjustment act referred to would be rem
d 1 negatory. Indeed, there could be but
little use IN continuing the adjustment of
many OF the land grants. inasmuch as as
certained rights of the United States or of
settlers could not be enforced by law.
Legislation establishing limitations against
the rlght or the government to sue is an in
novation not entirely consistent with the
general history of the rights of the govern
ment for it has uniformly been held that
time did not bar the sovereign power from
the association of a right. The early adj
publications of the department constructed the
grants with degree of liberality towards the
grantees which later decisions of the courts
and of the department have not sustained
1t seems clear that the further progress of
adjustments will develop facts and transac-
tons in connection with these land grants
which ought to be the subjects of legal ex-
animation and scrutiny before they are al
lowed to become final and conclusive. The
government should not be prevented from
going into the courts to right wrongs per-
petrated by its agents any other parties
and by which much Of the public domain
may be delivered from the people at large to
corporate uses.
In these circumstances it seems to me
that the act of 1891 should be so amended as
not to apply to suits brought to recover title
to lands certified or patented on account Of
railroad or other grants. And l respect
fully urge upon congress speedy action to
the end suggested. 50 that the adjustment
of these grants may proceed without the in
terpositiOn of bar, through lapse of time,
against the right of recovery by the gov
eminent in proper cases.
"-GroVer Cleveland