The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-01-11
SEATTLE. SATURDAY, JAN. u
LAND OFFICE CONTESTS.

LAM ofEltsE acN Isl
Senator Baker, of Kansas. has introduced
in congress a bill which will be Of great In
terest TO the people OF the West. where
there are still large tracts Of government
land 10 be taken Hp by settlers. The bill
provides for what has come 10 be ackno~i-
edged as a necessary change In the methods
OF procedure In contested land cases Should
II become a law there VIII be established
three courts of claims 10 hear these con-
tests. The courts are TO consist of three
members each, all being lawyers. Above
these courts win be an appellate court OF
five members. the decision OF which will be
equivalent to that OF the secretary OF the
interior. Should contestant desire 10 go
higher than this tribunal. an appeal win
lie 10 the court OF appeals of the District OF
Columbia. Each OF the three original courts
win handle a particular class OF contests.
such as those OF mineral ianfs. OF home
stead entries. or desert land claims. The
object Of the bin is to take the contest
work out OF the hands Of the commissioner
of the general land Office and the secretary
Of the interior, and allow land cases to be
disposed OF more rapidly and satisfactorily
than at the present time.
Any one familiar with the workings OF
the land department OF the government VIII
concede that tho prevailing antiquated
method OF settling land disputes is one that
can be greatly improved upon. and the won
der is that II should have existed so long
AS the Law now stands. when two parties
lay claim 10 tho same tract. the case Is
fried before the register and receiver OF
the local district in which the land Is stu
ated. One party having lost. Il is natural
o. in other kinds OF litigation. that he
should be urged 70 go to higher authority,
and an appeal Il therefore taken TO the gem
erai land ofiiee. Here II is not unlikely
that the decision Of the local office viii be
reversed. but in any event the loser. gener-
ally urged by tho swarms OF land attorneys
which hover about the interior department.
will probably take a farther appeal 10 the
secretary OF the interior. In many cases Il
10 necessary TO borrow the money 20 do this.
and even the seeretary's decision Is not
final. for there r. opportunity TO file a mo-
ton for a review. which. being allowed. will
bring the case up asain before him.
This scheme Of determining prop
erty rights. as originally conceived.
might have given promise OF full
filling all the requirements. but the
system OF practice that has grown
UP In half-century's disposal Of govern
nent land has become filled with abuses and
IL uncertain. expensive. tedious and gener-
ally unsatisfactory. A contest over a quar-
ter OF a section Of public land often drags
over a period of several years, and twice
the value Of the land Is part up In the shape
o. fees and costs. While there are notable
exceptions the local registers and reoelv-
ers usually know a great deal mere about
politics than they do about law. and while
they are generally pretty good fellows.
high order OF legai ability IN United States
land offices Is the exception. After case
reaches Washington city Il IS pissed upon
by law clerks. men who are necessarily OF
mediocre ability. because thew are poorly
paid. n they had any ability they would
net stay there. II is physically impossible
for the commissioner 81 the general land
eflce or the secretary Of the interior 70
dreis Of contests that ccrne TO their depart
ment,. and. although they sign the deois-
ions IL Is oniy in rare instances that they
are able to personally investigate the merits
OF a case,
Uader all these conditions the system q
land practise has grown % be a good deal
az humhug. The ease drags along In the
local of'lee, hor1es ~ witnesses are brought
81 az great expense 70 the ntigants. tran
scripts - merely cumulative testimony cost
ina small fortunes are prepared. and too
frequently there IS a wholesale 'ssuarings'
OF practitioners. special agents ana seplrt-
rnent officials before a final decision IS
reached. The settler may IN sAe ena seclire
his rights. hut 81 VIII he only after vexa-
tious DELAYS ard the payment of costs
waieh In many cases far exceed ne valae
Of the lard he has been able % acquire
What Was intended as a free Eift from tire
government proves - be piece 81 land
purchased az almost tcwn-lot price. ana
THE system of determining ownership.
which should - simple. rapl3 ard fnexpsn-
size IN its operation. turns cut 70 he eias-
CRATE. full Of delays ard ruiFsoas IN SIS csst
Practices have grown Up N IRE lard orice
business. which. before any orsi.nAry court
Of law. would briag aboat disharnent They
are recognized. however. ana acknowledged
&c exist BY all the officials, high AID low.
ard Il has been impossible 70 eradicate
them. To the Loose methods whteA Obtain
is iargely due the very unsatisfactory char
acter OF iitigation In contested land cases
Many proposals. have oesn made wlfh the
idea OF reme3Sing Tire evils, eG1 th4s far