The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-01-18

count, situated within the primary or
granted limits and an inspection of each
tract certified or patented to the company
within such limit 10 determine whether
such certiiication or patcnting was pro-
per- the listing OF those tracts shown 10
bo erroneously certified and the determine
tion for what tracts lost TO tho grant In
demnity is to be allowed
IL is necessary in making such adjust
mont that all questions of conflicting
claims, either between settlers and the
road or between the roads, the grants for
which conflict or overlap shall 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 rapidlty consistent with due
regard for the rights of the settlers OF the
United States and OF the railroad conf
pauics, and while to this end the force
of adiusters has been largely augmented
In tile general land Offices. many of tho
grants yet remain unadjdsted. In some OF
the grants. notably the corporation grants
the lack OF surveys up to the present time
with the completion OF the work is lmpos-
slble. Decisions rendered by the interior
department In conflicts have been carried
INTO the courts. The construction of the
interior department has been generally
sustained, when final determination has
been reached. hut many of the cases are
sun pending In the courts. not yet having
peen decided. Some OF these cases while
involving Immediately the title to only
ore particular tract. will, when decided.
furnish rule of construction to control
the disposition of the title to thousands
OF acres OF other lands In the same sltua.
TON Until the courts pass upon these
questions final adjustments can not be
made
by section OF the act OF Morch =, 1891.
u ~ expressly enacted that suits tby the
| United States TO vacat. and annul any
patents heretofore issued shall only be
brought within five years from the passage
OF the act. This period of five years will
expire on March @ 1896
or course no suit by the United States
| 10 secure the cancellation OF a patent in
| this class of cases after that date would
| be effective, Indeed, II is now too late
| 10 initiate proceedings looking to any such
| suit inasmuch as the demand has to be
frst made on the company and thereafter
| thirty days allowed for compliance or re-
| fusal In accordance with the act of March
| g. 1887. Before tho expiration of this
| period the statute would bear the right of
| recovery by the government and the ben
| Gifts of anticipated favorable decisions of
the courts would be lost so far as they
| might determine the character and dispo-
sition of grants similar to those directly
| involved in pending cases. II will be read
| lily seen that II this act of limitations Is
| to remain on the statute books the por-
zion OF the adjustment II refers to will
| he rendered nngatory. Indeed. there would
| be but little use In continuing the ad-
| justment of many Of the land grants, In
nsmuch as ascertaincd rights of the United
| States or OF settlers can not be enforced
| by law
| Legislation established the limitations
| against the right of tho government to
| sue Is an innovation not entirely consis-
tent with the general history OF tho rights
| OF the government for II has uniformally
| been held that time did not debar tho
| sovereign power from the assertion OF Il
| right. The early adiudications of the de-
| pnrtment constructed the grants with n
| degree Of liberality towards the grantees,
| which later decisions of the courts ana
| of the department have not sustained.
| II seems clear that the further progress
| OF Adjustments Will develop facts AMI
| transactions I'm connection with these land
| grants which ought to be the subject OF
| legal examination and scrutiny before
| they arc allowed to become iilnl and con-
| elusive. The government should not be
prevented from gcine into the courts 10
| right wrongs pcrpetratcd by It's agents or
| any other parties and by which much OF
tie public domain may be diverted from
| the people nj large TO corporate use. In
| these circumstances II seems 10 me that
! the act of 1891 should be so amended as
not to apply to suits brought to recover
| title OF lands certified or patented on ne
count If railroad or other grants.
| And ] respectfully urge upon congress
| speedy action TO the end suggested 30 that
| adjustment of the grants may proceed
without the interpretation of bar. through
lupse of time against the right OF recovery
by the government in proper cases.
Grover Cleveland.