The San Francisco call., 1904-04-24
THE GOVERNMENT LAND CASES.

T HE Government land cases, on hearing here re-
| veal some features that are of interest beyond
the immediate issues. With persons accused of
grabbing lands illegally. by forgery and subornation
OF perjury there be sympathy If guilty they
double offense: against the Government as
of the public domain, and against the honest
citizen whose right of acquisition OF part OF that domain
under the law abridged by its illegal absorption.
Under all administrations there has existed in the
Interior Department system of hod-up by clerks and
ubordnate which has deferred and delayed the honest
acquisition OF patents 20 mineral agricultural and other
classes of lands This system we'll understood by
every who has attempted to do business there.
Technical delays, time-wastng objections and frauds
perpetraed in the department in denial of private rights
conspicuous in the history of the department
One instance in this State is remembered, because it
resulted in the final eviction of honest citizens from
their holdings legally acquired. One of the Mexican
grants Judicialy examined and proper demitng
decree entered When the Interior Department issued
the patent it made lands far beyond the
decree. Some of these had long been patented pri
by the Government; others held under
the tide land patents of the State, and one i'm
portant property belonged the Federal Government
itself. All alenated by official patent which
Congress declared to be official fraud. Yet the
parties despoed have been permitted to
judicial or other means for rectifyng the wrong and
have been made victims of the underlying system by
which citizens barred from their rights despoiled
of their property.
1t is inevitable that when people denied their
rights vexatously delayed obtaining what belongs
them under the law others will by corruption
more than their legal rights This is what is alleged
have happened in the at bar here. AS
dvulged in their hearing appears that there has been
in vogue system of soliciting brbes An honest man,
seeking his rights could them if he would pay
authorized by law If he hinched at the risk dis
honest would take it and get thereby what they
had right SO have revealed system of solci
4 a.. 1f IL Oo1
because they well known land dealers bribe
takers and complete and foul system of shutting off
the acquisition of the public domain by honest
and leaving open only to those who would pay for
greasng the progress of patents through its various
stages
The charged with such work pro-
essonal land manipulaors but others were as liable
be caught by detective ingenuity using official solici
tation of bribes its instrument, and perhaps
honest man, finding his choice limited to abandoning
his purpose get land legally, obtaining what
his right by bribery has yielded and paid the exaction
levied upon him. In the State courts criminal
have standing when the of action against the
accused began with the soliciting of brbe by the
official used prosecuting witness. There sound
reasons in equity for this An examination of all the
noted cases of Congressional and other official corrup
ton reveals in nearly every the
began by official denial of their rights. When
they were compelled rights that belonged
to them by bribery they would go further and recoup
themselves by securing through bribery what did not
belong them.
Something more than prosecution of the cases
at bar needed The scheme of business the Interior
Department needs thorough reform. No administra-
ton has attempted it. 1t has been necessary under all
1t is true that the task presents colossal difficulties But
it rendered all the necessary by the expanding
functions of that department of the Government Mil
lions are its possession build irrigation works,
and it has the power of withdrawal of desert lands
in anticipation of covering them with water. Costly
works are under way Contractors have to be dealt
with The people who will finally take the irrigated
lands expecting the Government the cost
of putting them under water vitally concerned IN
the methods pursued and the expense incurred.
These operations of the Government suspend private
enterprise We have already the effect of this
the Colorado River. The Interior Department has filed
on all of its destroying large amount of private
capital encouraged rrgate the Colorado desert from
that river by the of the War Department which
has jurisdiction of meandered streams. If the Colo
rado is meandered navgable, the Government has
no right to file all its water for irrigation If it is
non -navgable the Government has right to file
it at ALL for the non-navgable waters under State
and local control entirely. So in the prosecution of
Government irrigation, the people find added
why the manners of ofcialdom should be mended, and
its ways be made conform the private rights of
honest men.