The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-01-18

Washington City. Jan. 1.-THE president
today sent 70 congress the following ness
age:
TO the Congress: I desire 70 invite at
tentioa 10 the necessity for prompt legs
lat.Oa IN order 70 remove the Limitation Of
Tine With-n which suits may Dc 5roUgh. by
the government to annul unlawful or un-
authorized grants Of public lands. BY the
act OF March 3, 1857. the secretary Of the in
terror IS directed 10 adjust each of the rail-
road land grants which may be unadiusfed,
and Il IS provided that If Il 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 for the use Of com
pany claiming under any of said grants il
shau oe the duty OF the secretary of the in
terror 10 demand a reconveyance of the
title 10 all lands so enormously certified
or patented; and on failure OF the company
to make such reconyeyance within ninety
Gays, the attorney general IS required 10
institute and prosecute. in the proper
courts. the necessary proceedings to restore
the title OF said lands 10 the United States.
Ine demands under this act have been
numerous, and IN some cases have resulted
ia the 'reinvestment OF title to the lands in
the United States upon demand, but in
most eases the demand has been refused
and suits have been necessary. The work
Of adjustment has been unayoidably slow.
The act makes provision for the reinstate-
ment of entries enormously Cancelled on ac-
count or railroad Withdrawals and upon
certain conditions provides for the eonfr-
nation OF titles derived by purchase from
the companies Of lands shown TO be ex-
cepted from the grants. 1t coniemplates a
disposition Of every tract DESCRIBED by the
granting act. inspection of each tract Ger
tfIed or patented To the company within
such limit. TO determine whether such GER
ufication or patenting was proper the LIST
ing OF these tracts shown TO ba erroneous
ly certified, and the determination for which
tracts lost TO the grant indemnity is to be
allowed.
1T is necessary. in making such an ad-
Justment, that all questions of certifying
claims, either between settlers and the
roads or between roads the grants fer
which conflict or overlap, be finally dis
posed or so that proper disposition Of the
land can be shown in the adjustment
While adjustments have proceeded with
the utmost rapidity consistent with a due
regard for the rights of the settlers Of the
United States and of the railroad compa-
nies. and while 10 this end the force of ad-
justers has 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
surveys up TO the present time has made
the completion of the work impossible. De-
cisions rendered by the interior department
In numerous conflicts have been carried into
the courts The construction Of the inte-
rior 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 involving imme-
diately the title 10 only one particular tract,
WILL when decided. furnish a rule OF con-
structon 10 control the disposition Of the
title to thousands of acres Of other lands
in the came situation. Until the courts
pass upon these questions, final adjustment
cannot ne made
by section OF the act OF March 4. 1891.
II is expressly enacted that suits by the
United States 10 vacate and annul any
patents Heretofore issued shall only be
brought within five years from the passage
Of that act. This period OF five years will
expire on March 8, 1896. or course, suits
by the United States to secure the cancel
lation OF a patent IN this class Of cases after
that date would not be effective Indeed
IL Is now too late TO initiate proceedings
looking to any such suit. inasmuch as de-
maud has TO be filed on the company. and
thereafter ninety days allowed for compli-
ance or refusal. in accordance with the act
this period the statute would bar the right
Of recovery by the government. and the
benefits of anticipated favorable decisions
Of the courts would be lost. so far as they
might determine the character and dispo-
sition OF grants similar 10 those Indirectly
involved IN pending cases.
1T viii be readily seen that Y this act OF
Limitation IS 70 remain on the statute books
the portion OF the adjustment act referred
10 win be rendered null Indeed, there
would be but little use in continuing the
adjustment or many OF the land grants. in
asTnuch as the ascertained rights Of the
United states or OF settlers could not be
enforced by law. Legislation establishing
limitations against the right OF the govern
msnt 10 sue is an innovation not entirely
consistent with the general history OF the
rights o. the government. for il has uni
fo-mly been held that time did net bar the
sovereign power in asserting right. The
early a3judications OF tho department con-
etrue6 the grants With a degree OF liber-
ality toward the grantees which later de-
ctsIons OF the court and OF the department
have not sustained. TX seems clear thar
the further progress Of adjustment viii
develop facts and transactions in connec-
ton with these land grants which ought
to 10 the Subjects of legal examination
and srrutinv before fhey are allowed 10 be-
cef1e 8ra1 ami conclusive.
The government should not be prevent
81 from going into the courts 90 right
wrongs pe-petrated by SIS agents or any
other parties. and by which much Of the
puhl- domain may p diverted t-om t1e
people In these circumstances II seems
10 me that ths act % Isel should he 50
amended as not 90 apply - suits brought
20 recover tifte uf lands certified or patent
sd on account ~ railroad or other grants.
And I especially GrEe upon congress
sf,ee5y action 70 the END suggested. 50 t5ar
adjustment az these grants may pro@esI
without the tHje~positlon 90 q bar. through
lack ~ tiue aEa30s- the ~iEst og recovery
by the government i0 proper cases.
GROVER CLEN EI-ANp."