The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-01-18

WASHINGTON, Jan. 1.-THE presi-
dent today sent the following to con-
gress:
Washington. Jan. II. 1S96.-To Con-
gress: 1 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.
By the act of March 8. 1887. the sec
rotary of the interior is directed to ad-
just each of the railroad land grants
which may be unadjusted; and it is
provided if it shall appear, upon the
completion of such adjustment or
sooner, that the lands have been from
any cause enormously certified or
patented by the United States to or for
the use of a company claiming under
any OF said grants, it shall be the duty
of the secretary of the interior to de-
mand a reconveyance of the title to all
lands so enormously certified or
patented; and on failure of the COM
pany to make such reconVeyance with
in ninety days. the attorney general is
required to institute and prosecute, in
ings to restore the 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 demand. but.
in most cases, the demand has been
refused and suits have been necessary.
J
avoidably slow. The said act makes
provision for the reinstatement of en-
tries enormously cancelled on account
of railroad Withdrawals, and upon GER
tain conditions, provides for the con-
firmation of titles derived by purchase
from the companies of lands shown to
be excepted from the grants. 1t con-
templates a disposition of every tract
described by the granting act; and in
spection of each tract certified or
patented to the company, within such
limit. to determine whether such certifi-
cation or patenting was proper; the
listing of these tracts shown to be
enormously certified and the determi-
nation for which tracts lost to the
grant indemnity is to be allowed.
1T IS NECESSARY
in making such an adjustment that all
questions of certifying claims, either
between settlers and the roads, or be-
tween two roads, the grants for which
conflict or overlap 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 had been
largely augmented in the general land
Office, many Of the grants yet remain
unadjusted
In some of the grants, notably the
corporation grants. the lack of sur
Veys up to the present time made the
completion of the work impossible.
DECISIONS RENDERED
by the interior department in numer-
Gus conflicts have been carried into the
courts The construction of the inter
Tor department has generally been sus-
tanned when final determination has
been reached but many of the cases
are still pending, not yet having been
decided. Some of these cases. while in
VolVing Immediately the titles to only
one particular tract will, when decid-
ed, furnish rule of construction to
control the disposition of the title to
thousands of acres of other lands in
the same situation. Until the court s
pass upon these questions, final adj
justment cannot be made.
BY section of the act of March g,
1891, it is expressly enacted that suits
by the United States to vacate and an
null any patents heretofore issued
shall only be brought within five years
from the passage of this act
This DeriOd 0f five wears will eYDira
on March 8, 1896 OF course, suits by
the United States to secure the CAN
collation. of a patent in this class of
cases after that date would not be effec-
tive. Indeed, it is now too late to indi-
cate proceedings looking to any such
suit, inasmuch as demand has 20 be
filed on the company and thereafter
ninety days allowed for compliance or
refusal in accordance with the act of
March 3. 1887.
BEFORE THE EXPIRATION
of this period the statute would bar
the right of recovery by the govern
ment and the benefits of anticipated
favorable decisions of The courts would
be lost so far as they might determine
the character and disposition of grants
similar to those directly involved in
pending cases.
IL Will De TedOlly seen that IL LnlS
act of limitation is to remain oil the
statute books. the portion of The ad-
iustment act referred%to will be rem
dered null Indeed there would he but
little use in continuing the adjustment
of many of the land grants, inasmuch
as ascertained rights of the United
States, or of the settlers could not be
enforced by law
Legislation establishing limitations
against the right of the government TO
sue is an innovation not entirely cen
sistent with the general history Of the
rights of the government, for it has
uniformly been held that time did not
bar the sovereign power in asserting
a right.
The early adjudication of the de-
partment constructed the grants with
a degree of liberality to the grantees.
while later decisions of the courts and