The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1896-01-23
DEALS WITH LAND GRANTS.
a PROCLAMATION lSS'HD
CONGRESS BY president
CLEVELAND,
REMOVAL Of TINE LIMITATIONS.
7, Which Suits Can be Brought by the
Government to Annul Unlawful
Grants Desired-Many Cases
Depend Upon It,

M
today sent the following message 10 Gun
gress: ~ .h,, c,r-
"Wosbington. Jan. Ito the Con
,.oss. desire to invite attention 10
rho necessity for prompt legislation III
order TO remove the limitation OF tll'e
within which suits may be brought ny
rho government to annul unlawful or uh-
authorized grants of public LANDS d!
tbe act of March 3, 1887, the secretary
Of the interior is directed to adjust each
Of the railroad land grants which may
he unadiusted, and it is provided, II 1t
shall appear upon the completion OF the
adjustment or sooner, that the lalus
have been from any cause enormously
certified or patented by the United states
TO or for the use of Il company claiming
under any of said grants, it shall be the
duty of the secretary of the interior TO
demand reconveyance of the title to
the lands so enormously certified or pat
ented: and on failure of the company to
make such reconyeyancc within ~ days
the attorney general is required to III
stitute suit 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 reinvestment of title to
the lands in the United States upon de-
mand. but in most cases the demand has
been refused and suits have been neces-
sary.
THE work of adjustment has been
unavoidably slow. The said act makes
provision for the reinstatement of en-
tries enormously cancelled on account
of railroad Withdrawals and upon GER
ton of titles derived by purchase from
the company of lands shown to be eX-
cepted from the grants. 1t contemplates
Il disposition of every tract described
by the granting act, situated within the
primary or granted limits, and inspection
of each tract certified or patented to the
company within such limit to determine
whether such certiication or patenting
was proper; the listing of those tracts
shown to be enormously certified and the
determination for what tracts lost to the
grant indemnity is to be allowed.
IL 10 utCtSsulS III LllhluS SuCu uuJuSl
ment that in all questions of conflicting
claims either between settlers and the
road or between the two roads. the con.
tlict be finally disposed of so that a proper
disposition of the land can be shown in
the adjustment. While adjustments
have proceeded with the utmost rapidity
consistent with due regard for the rights
of the settlers of the United States and
of the railroad companies and while to
this end the force of adjusters has been
largely augmented in the general land
offices, many of the grants yet remain
unadJusted. In some of the grants, no,
tably the corporation grants, with the
lack OF surveys up to the present time
the completion of the work is impossible
Decisions rendered by the interior de-
paftment III conflicts have been carried
into the courts. The construction of the
interior department has been generally
sustained when final determination has
been reached, but many of the cases are
sun pending in the courts, not yet having
been decided. Some of these cases. whilC
involving Immediately the title to only on,
particular tract, will, when decided. fur
nish a rule of construction to control thu
disposition of the title to thousands o
acres OF other lands i'll the same situa
tloii' uhtil the courts pass upon thOS
questions, hnal adjustments can not b
made.
by section s of the act of March :
1871; II Is expressly enacted that suit
u! the United States to vacate and III
null any patents heretofore issued sho
only be brought within five years fror
the passage of this act. This period G
hve years will expire March 3, 1896.
9. Ot course, no suit by the Unite
states to secure the cancellation of Il pa
ent in this class of cases after that dat
would be effective. Indeed, it is no,
100 late to initiate proceedings lookin
10 any, such suits, inasmuch as the d
mand has to be first made on the con
pany and thereafter 80 days allowed fC
compliance or refusal. in accordance vii
the act OF March 3, 1887. Before IL
expiration OF this period the statute won
pear the right of recovery by the COVER,
ment and the benefits of anticipated f
vorabe decisions of the courts would
lost as FAR as they might determine Il
character ana disposition of grants sin
lar to those directly involved in pendiI
cases. IL VIII be readily seen that
statute books the portion of thp odins
ment 1t referred to would he render,
nugatory. Indeed, there would be b
little use in continuing the adiustme
OF many of the land grants inasmuch
ascertained rights of the United Stat
law.
Legislation establishing the limito+io,
against the right of the government to s,
I
WIN general history of the rights of II
government, for it has uniformly he
that time did not debar the soyerei,
power from the assertion of right. ri
carry adJudlcations of the departme
constructed the grants with a degree
ilDerality. towards the grantees. viii
later DECISIONS of the courts and of t
department have not sustained. 1t seer
clear that the further progress of adm,
ments will develop facts and transactio
IN connection with these land graz
which ought to be the subject of leo
examination and scrutiny before they n
allowed to become final and cOnclnsiy
The government should not be prevent
from going. into the courts to right wron
perpetrated by its agents or any OH
parties and by which much of the mn
lie domain may be diverted from II
people at large to corporate uses
these circumstances it seems TO mo th
the act of 1891 should be 50 amend
as not to apply to suits brought f. ro ,,u'
err title of lands certified or nntentoJ ,
account of railroad or other grants ,
respectfully urge upon congress- s,,a ,ot
acton to the end suggested 81 Tbnt 'v ~.
Justmeht OF the grants NAV proceed Will