Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-01-15
ASKS A LAW BOARD
Land Commissioner bennett
Urges Plan Of Review.
WORK IS PILED TOO HIGH
Duties Of Commissioner and Assist.
ant Both Executive and Judi
cial in Character.

creating a board Of law review of five
members. which should be given original
jurisdiction upon all cases written by the
various law clerks Of the general land
Office. under which rights Of claimants are
determined, with the right of review in
the commissioner Of the office and appeal
to the Secretary Of tho Interior, is asked
In the annual report Of Commissioner
bennett Of the land Office just submitted
to the Secretary Of the Interior.
Tho two duties, executive and judicial
the commissioner says. will in this way
be more adequately taken care of, as they
should be, and 1t would be possible for
the work to receive from the heads a
more careful consideration than 1t does
now. The commissioner as an executive
officer could give personal attention to
many important details for which he Is
responsible to which he can give only
brief attention at present, and by the
creation Of the positions Of five members
Of board Of law review with original
jurisdiction all cases which are submitted
to this Office could receive closer and more
careful attention than they do at present
Demand More Attention.
In this connection he declared:
1T is impossible for the commissioner
and his assistant to pay the judicial at
tention to these cases which they should
receive. The bar practicing before this
office has very little opportunity to sub
NIT its cases directly to those who are by
law responsible for the decisions. because
Of the multitudinous duties placed on
these officers The head Of the Office can
not find time to give individual attention
to many Of the most important cases
which are submitted for bis consldera-
ton; he has too many duties to attend
which he can not detail to others because
he alone by law can perform them.
cit necessarily follows, therefore, that:
I'D The commissioner IL an executive
officer having jurisdiction over as many
diverse duties as any other bureau officer
in the government, having directly under
him at the present time some 1900 en-
pl0yes.
'.CO He is also judicial officer, hav-
ing the determination Of cases great In
claims Of great value, 18th one assistant
commissioner.
Covers q Wide Field.
LAS an executive officer the work over
which he has jurisdiction is scattered
over 100 land Offices, thirteen surveyors
general and twelve field divisions, with a
force Of some 500 employees localized in
Washington, with q collection Of, in
round numbers. $10OoO.O00 q year and
with the responsibility upon his shoul.
ders Of seeing that the work performed
by this brigade OF employees Is properly
done. From the standpoint OF work alone
this is sufficient for one man to be reSpon-
sible for, but in addition he must, with
the assistant commissioner. individually
assume responsibility for the text Of the
numerous decisions rendered by the gen.
eral land Office.
are graduate lawyers, and In addition
there are about $50 employees who by ex-
perience are qualified to pass on matters
Of q quasf-tudicial character. In other
words, there are over 30 men in this
bureau who are passing upon matters
which require either general legal
knowledge or expert knowledge In
the Interpretation of certain laws
1t can easily be seen. therefore
that it would be impossible to transfer
ton the matters which come before this
bureau for judicial determination. There
can be no removal of these cases from the
jurisdiction OF the land office The in
telligent way is to give to a board of
law review greater powers. namely, au-
thority to decide, as a judicial body, mat
tiers before the general land Office, under
the supervision OF the commissioner, ar
appeal lying to the Secretary of the In
terror
National Monuments.
As to national monuments. the com.
missioner says: .Under authority Of the
act approved June. 1905, the President
| during the year. by formal proclamations
prepared. created the following monu-
| ments from lands under control Of the
United States:
Colorado national monument, Colo
RADIO, exhibiting extraordinary examples
! Of erosion, of considerable scientific In
terest.
Devils Postpile. California, including
Rainbow falls, within the Sierra nati0na
Department of Agriculture.
THE Lewis and Clark cavern, Mon.
tana, was also more definitely located
by a second proclamation. and the boun'
daries Of the petrified forest, In Arizona
were materially reduced.
There Is great need OF funds for thu
proper protection and administration OF
such OF the national monuments. created
out of the public lands, as consist OF OF
include within their boundaries historic
and prehistoric ruins, or other objects
easily injured or destroyed by vandals
and unauthorized collectors OF curios fol
sale or exhibition for q fee. The former
departmental estimate OF 5000, which
has failed to receive the approval OF Con-
gress, should by all means be renewed
a-s>as