The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-01-18
PRESIDENTS SPECIAL MESSAGE
Time Limit for Bringing Land Grant An
nuIment SHIFTS should be Extended.

n
nulment SHIFTS should be Extended.
Washington, D. c., Jan. 1S.-The pres
ident today sent the following TO con-
| gress:
Washington, D. c., Jan. II. 1896.
To Congress
/ desire to invite attention to the ne
Cessity 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.
BY the act of March ,, 1887, the sec
rotary of the interior is directed to adj
just each Of the railroad land grants
which may be unadjusted and it is
provided that if it shall appear, upon
the completion of such adjustment, or
sooner. that the lands have been from
any cause enormously certified or pat
ented by the United States to or for the
Use Of a company claiming under any
of said grants, il shall be the duty of
the secretary Of the interior to demand
a recOnveyance of the title to all lands
so enormously certified or patented;
and on failure Of the company to make
such recOnVeydnce within ninety days,
the attorney general is required to in
stitute and prosecute, in Uhe proper
courts, necessary proceedings to re-
store title 10 said lands to tine United
States.
The demands under this act have
been numerous and in some cases have
resulted in the investment 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
necessary.
The work of adjustment has been IN
avOidably slow. The said act makes
provision for the reinstatement of en-
Of railroad Withdrawals and, upon GER
tain conditions, provides for the confir-
nation OF titles derived by purchase
from the companies. of lands shown TO
be excepted from the grants. 1t con-
templates disposition of every tract
described by the granting act; an inspec
ton of each tract described or pate ted
to the company, within such limit, to
determine whether such certifiCteS or
patenting was proper; the listing of
these tracts shown to he enormously
certified and the determination for
which tract lost to indemnify is TO be
allowed.
1t is necessary in making such inden-
nifty that all questions as to certifying
claims, either between settlers and road
or between two roads, the grants for
of the land can be shown in the adjust
ment. While adjustments have pro-
ceeded with the utmost rapidly con-
sistent with a 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 the adj
justers has been largely augmented in
the general land office, many of the
grants vet remain un6dJusted. In
some of the grants, notably the cOrpor-
alton grants, the lack of surveys up TO
the present time made the completion
OF the work impossible.
Decisions rendered by the interior
department in numerous conflicts have
been carried into the courts. The con-
sdrUcJion Of the interior department.
has generally been sustained when final
determination has been reached. but
many of the cases are still pending, not
yet having been decided. Some of
these cases while involving immediate
ly the title to only one particular tract,
Will, when decided. furnish a rule Of
construction to control the disposition
of the title to thousands of acres of
lands in the same situation. Until
the courts pass upon these questions
tinad adjustment cannot be made.
by section of the act of March s.
1891. it is expressly enacted that suits
by the United States TO vacaite and
annul any patents Heretofore issued
shall only be brought within five years
Of the passage of this act.
This period Of five years viii expire
on March 5. 1896. OF course. suits by
the United States TO secure the cancella-
ton of a patent in this class of cases
after that date would be effective. In
deed. 1t IS now TOO late TO initiate pro
ceedfngs looking TO any such suit mas
much as demand has to be filed on the
company and thereafter ninety days al
lowed for compliance or refusal in ac-
cordance with the act of March ;. 2SST.
Before the expiration Of this period the
sta Uute would bar the right Of recovery
by the government and the benefits Of
anticipated favorable decisions OF the
courts would be lost 50 far Os they
might determine the character and dis
position Of grants similar - those direct
~ involved in pending cases.
1t viii De readily seen that II this act
Of liEni tauiOn = % remain on the STA tuts
books. the portion Of the adjustment
act referred 10 would be rendered null.
Indeed, there would be bur little use in
continuing the adjustment of many of
the land grants, inaSmuch as ascertain
ed rights Of the United States. or OF
settlers, could not he enforced by law.
Legislation esl-abi ishing Limitations
against the right Of The government 20
sue Is an innovation not entirely con
s5sJent with the general history Of the
rights Of the government. for e has uni
formly been held that time did not bar
the sovereign power n asserting I
right
The early adjUdications ot The depart
uleBt constructed the grants with a d.
gree % IberalIty towards the grantees
which later decisions q The court AMI
81 the department have not sustained
L seems clear that tie future progress
OF adJCs trn5nts viii develop f3CcS AMI
Ir'aI .sacJions IN connection WIKI these