The herald., 1896-06-08

by you. and desire to say heartily
approve 1t. and regard It as Just In all
respects. and I think settlers" ought
to zealously urge its consideration by
and proper means work to secure its
final adoption
In this connection will say, what but
for the pressure Of business would
have written you before. as to your let
ter Of the 18th of last April. published in
subject Of land patents for the ex-mis-
sion Of San Fernando, ETC., etc.
1t seems to me. after an investigation
Of the subject for many years past. your
positions are correct and unanswemble.
And when we look back and examine
the report of United States Attorney
General Black in 1861 upon surveys in
California. etc.. there is no Disgusting
the foundation in fact Of your positions:
and continuing on and reading the his
tory Of these transactions since then,
there Is no concealing the Importance
of having them uncovered by judicial
scrutiny. and by that means have JUS
tice done to all concerned.
The repose of society, of which so
much Is said as against these investi-
cations. will be secured upon a more
certain and permanent basis when 1t Is
known the claims have all been duly
heard, have had their day in court. and
and determined. There seems to be a
very widespread belief among the peo-
pl Of California that such has not been
done in these matters; and with due re-
spect to everybody. 1t Is idle to talk of
repose as to these matters 80 long as
that conviction exists among 50 many
citizens Of the state. Repose under
such a state Of affairs is a phantom
It does not, and in the nature of things
cannot, exist. There can be no peace
and repose until these things have been
sifted to the bottom. and not simply
passed over and winked at. on the idea
that certain parties have held possess
sion merely against time and tide both.
The state of Arkansas. think, was
by far the most extensively land-liti-
gated state we had before California
came into the Union, and my study. OBJ
servation and experience in connection
with land grants. land titles and land
claims there. satisfy me as to this view
of peace and repose. And the many ap-
plications made to me while I was
United States attorney general for the
use of the name Of the United States to
bring suits to set aside certain patents
and to reform certain land grants cor
roborate and strengthen this opinion.
Claiming as do duty somewhere re-
Quires judicial investigation of these as
serted land grants. of course mean q
fair, unprejudiced trial. and meaning
that, 1t would be just perhaps for me to
enter into an argument here to show the
infirmity of the claims referred to, at
least to SHOW cause or to exhibit
enough to Justify the examination of
these claims before the proper courts"
This you have more than done in your
letter already mentioned, and you will
find your propositions as to the necessi-
ty of q survey-void patents-their ef-
feet and the way to get rid Of them, and
the full meaning and scope Of q land
grant, in all forms nearly, were long
since (before California became a state)
laid down and enforced in Winters
case, homestead c. c. Reps. 344 and
several others following that in the
same volume to page 406, and some of
these cases came here to the supreme
court of the United States and were
affirmed (see 13 How. u. s. 250-61). The
application Of the principles in these
cases to the contention Of the settlers"
here and now Is certain and direct, and
cases your letter cites. And for their
enforcement the SETTLERS" should labor
to the end, without ceasing, and / ven-
ture the assertion that these so-called
grants should have these long estab-
lished principles applied to them by the
courts. and II they stand these tests so
be 1t, peace will reign, and II they do not
stand them so be 1t. peace will reign and
repose will come to stay, and I am sure
not till then. the one result or the other;
and feel as sure that until then the end
of contention which the commonwealth
Is said to be interested in having, will
not come. Yours, very truly.
A. H. GARLAND.