The morning times., 1897-02-26
TILLMAN ASKED QUESTIONS
Takes an Active Interest in the
Perrine Land Grant.
Attorneys Argue the Case Before
the senate Committee-So Def
mite Action Is Probable.

| having i'll charge the investigation OF the
Perrine land grant, practically concluded
its work last evening, and In all prob
ability viii make report of it's findings
| TO the Senate today or tomorrow.
The session was a long one, lasting until
after II O'Clock, and was possibly the
most interesting during the Investigation.
The whole evening, with the exception
| OF = few minutes occupied by the committee
in eN CCutIve session, was taken up with
the hearing Of the arguments of counsel
for bOtn parties to the ton. The
proceedings were also enlivened by some
very pertinent and pointed questions Put
TO the attorneys for the defense.
The members of the committee present
were Chairman Dubois. Senators Carter,
Tiilman. Villas, Berry and Mcbride.
The open argument for the settlers was
made by Z. l.. Treyitt. who was followed
by Hon. E. V. BrOokshire. who quoted
numerous cases from the United States
Supreme Court record to show that tie
patent was Improperly issued He called
particular attention To the case OF Shulen-
berg VS.. Harrimon, 21, Wallace, H. On
which he understood the land depart
ment Justified the issuance of the Peuine
patent.
The case of the Perrines," he said,
''is clearly distinguishable from the above
case for the reason that the State of
Wisconsin was qualified grantee; the
State was not required to perform con-
ditions subsequent in order to be in
trusted with the legal title TO the land.
THE legal title passed to Wisconsin in
trust, and therefore the State of Wisconsin
had right of action against all persons
tTespassing on the land until the United
States saw fit o declare the land forfeited.
Now, under the Congressional Act Of
July I, 1888, to Henry PeIrine, and tie
supplementary and amendatory act Of
February / :, / Sal certain conditions subse-
quent We're iInE osed, and tie two acts have
to he construed together in paTi materia-
The Perrine patent can only be jusri-
fled upon the theory that the land de-
partment of our government is empowered
TO waive condition subsequent in Con-
gressional grant, and upon this point we
will state that we do not believe that a
well considered case can be found in any
Of the law books TO justify sGch con
tenti0n.
WILT be c0ntendedthatth the government
can loose any Of it's rights by laches; will
it he cOntended that tile statute of linli-
tations runs against the government
we assert, as q matter OF law, that the
United States is never barred of its rights
of action by statute Of limitations, except
where Congress has provided that the United
States shall be barred
1T Will certainly be admitted that for
more than thirty years last passed the
United States has had right TO declare
q forfeiture of the Perrine grant. There
fore. we state as a matter OF law that this
right OF forfeiture, having accrued in favor
of the United States, 1t can never be lost =
Judge ! H. LionheTger of the land de
partment argued in favor of the regularity
of the issuing Of the grant from that
office He said that in nearly every
instance where grants We're made by the
government, on the condition OF the rer-
formance of specified conditions, the
grantee failed of performance OF the
terms OF contract, but still there Were 10
forfeitmes.
Senator TiIlman interrupted Judge Lion
berger and attacked the hasty manner Of
procedure in the Land Office which le-
suited in the issuing OF The patent.
He showed by the admission of Judge
LionbergeI that while it took from four
teen months to five years TO fill the require
mcnts of the conditions imposed by tie
government in such cases, in this
instance the case was rushed through in
sixty DAYS Senator TiHnan also made
the point that this was done in face of the
fact that on November 80, 1896, the
settlers were informed that the Land
office could do nothing in the prendses
as the matter was before the Senate
Senator TiIlman said it was not his
intention to attack the integrity OF the
officials of the Land office; he believed
they acted in good faith and would under
DO circumstances lend themselves TO
such a steal as this.
Judge HOlcombe concluded for the de
fense, with an exhaustive argument, cover
ing the case in detail. He coutended that
the conditions of the grant had been COM
piled with in every particular. So far as
the legal status of the matter was coI-
cerned, no fraud was alleged, and he was
satisfied that on its merits the matter
would lie thrown out of court.
After hearing the arguments the com
mittee went into executive session. At
the adjournment Senator Tillman said TIE
committee had decided not to make any
recommendation in the matter, but would
simply report To the Senate the facts in
the case just as they found them. This,
he said, would show that there had been
Some mug juggery'' and very rapid way
of issuing grants up at the Land Office