Evening star., 1901-10-12

The result of this has been to afford n,
cnaln OF precedent upon which to base de
cisions. One Secretary has been reversed
by another until the records of the depart
ment have become largely valueless as E
guide to new officials in deciding the hun
dreds and thousands of most important
questions which come up during each fisca
year.
A Colorado Case.
One curious Illustration of this is found
In the state of Colorado, where in seyera
instances land has been taken I'D frs,
under one act and a patent secured from
the government and then under another
act and another patent secured for the
same piece Of land. This, Of course. could
only be done on unsurveyed land. The
question first arose in regard to a large
deposit OF marble. One ruling made In
washington was to the effect that marble
should be taken up under the placer act
Another ruling was that it came under the
operations OF the stone act. By changing
the description of the land and using differ.
ent landmarks in surveying it the claimants
made 1t impossible for the land office ex.
cept py most thorough investigation, Ia
discover 1t was issuing two patents for one
and the same piece of land. 1t has been ex.
tremely important in several instances that
the title to this land so obtained should be
perfect, as valuable improvements were to
be erected thereon. To make this title per-
feet, therefore, the claimants took no
chances, and got a patent for it under all
the different laws which they thought
might possibly apply under any conceiva-
bic decision of Secretary of the Interior
such condition of affairs is not only un-
necessary and ridiculous, but might lead
to expensive litigation and serious compIi-
cations at almost any time.
1t has been suggested that a court of land
claims should be established in Washington
In connection with the land office, to which
all disputes and all legal questions should
be referred. The moment such a court was
created 1t would find an enormous amount
OF business ready at hand for it's consid-
Grafton, for as matters now stand the Sec-
retary of the Interior or the land commis-
sloner, as the case may be, acts as a su-
preme bench in settling title to millions of
acres of the public domain and in disposine
or millions OF dollars worth Of property
each year.
Thorough Revision.
There Is great need Of thorough re-
vision of all the land laws, the repeal of
some. the amendment Of others and the
passage possibly Of several new ones in
place Of those which now conflict one with
the other. Such q court, as suggested
would soon establish a line of precedent.
would give an authoritative Interpretation
Of the laws and In time would be able to in
dicate through it's proceedings the proper
course for any man to pursue who might
desire to secure more or less of the nubiic
land for residence or Industrial purposes.
Not the least Of the advantages such a
court would have would be to take these
matters out of politics, thus relieving the
department OF tremendous pressure con-
tfnually brought to bear by influential men
in specific cases. The issuing Of patents, al
ways behind under the present system,
would be facilitated. and a patent once is
sued would assure title, thus removing all
doubt Of ownership, such as now exists in
numerous cases.
There is widespread sentiment through
out the public land states that a crisis has
been reached In the matter Of public land
laws. and many schemes will be brought
before Congress this winter in the endeavor
to remedy existing evils.
]. D. WHELPLEY