The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-04-10
LAWBREAKING BUREAUCRATs.

SmaU attention 10 the laws mncu thoot
laws interfere with their designs, pur
poses. and notions We have pointed
out that these bureau officials when
srrsigned for their expressions of the
people and their disregard of the law,
have the effrontery to appeal to the
law as reason why they are forbidden
to do the things that they are charged
with doing. They do those things just
the same. however. and then plead the
bar Of the law which ought to pre-
vent them doing the things charged,
but which in fact does not prevent
Pinchot himself has been fragrant
offender in this respect. He made pre-
cisely that reply to the Colorado
mining men who complained to him
about the interference of his forest
rangers with prospectors The Colorado
miners showed that this interference
was constant and grievous Mr.. Pinchot
replied, citing the law and stating
that any such interference was against
the law, and was impossible. The Colo
RADIO miners replied that it was fact,
nevertheless, that such interference
was made. STILL they wore helpless,
and the matter had to be dropped.
| We find an excellent editorial In the
Portland Oregonian of April 5th, show
ing in detail and with much force these
unlawful intrusions of the bureaucrats
at Washington and the hardships that
they work upon private citizens who
are merely undertaking to enjoy their
rights under the law. The editorial is
headed, "The Despotic Land Ofice,' -
and reads as follows:
Not only do tho laws governing ac-
quirenent of public land need thorough
revision, but the entire administration OF
| the land laws needs complete overhaul
Ing Evidence submitted TO the Senate
committee on public lands proves con
cluslvely that the decision OF contests
has been despotic, capricious and fire.
quently in violation of the plain direc-
tons of law. By Its Interpretation OF
steaders and miners, the Land Office
amended them. Settlers have been be-
deViled in a manner worthy of Russia or
Secretary Of the Interior on tho sub
ject Of conservation has colored deci-
sions OF his subordiaates. No precedents
rule. There is no certainty anywhere
that the principles laid down In one de-
cision VIII be followed In another paral-
lei with it.
The rules governing adjudication OF
land cases are based on the theory that
they are simply deals between buyer and
seller. Originally this was a sound the
DRY; for the land was sold outright for
cash. But our land laws are now so
complex that private equities of great
value grow UP which are at the mercy
OF the Land Office. They are matters
for judicial determination. but clerks and
aItnrnnVG nd
constituted the judges. though they rep
resent one OF the parties 10 the transac-
uon-the Government. Only in rare
cases is appeal TO the courts possible
Congress has vested the Interior Depart
ment with wide discretion to make rules
ard regulations. This discretion has
been used by the Land Office autocrats
TO amend and repeal laws and to put in
operation their own ideas of what the
law should be. They are the great Pooh
Bahs. In administering the law they ex-
professedly applying the law but actu-
ally changing II, they exercise legisla-
tive power; in deciding claims and con-
tests, they exercise judicial power. They
are all three divisions OF the Government
rolled into one. They are the law.
A land contest between two individuals
is tried before q judge and jury. who
hear all oral and see all documentary
evidence, A land contest between an
Individual and the Government is tried
by the Government through Land Office
OI4tLidIs, Will no jury, ana the Judge
considers rs evidence special agents re-
ports which are not put in evidence but
are withheld from the claimant as s'con-
fidential. The same man who collected
the Governments evidence may try the
case and decide the appeal from his own
decision
The statement that the Land Office
has repealed laws may seem incredi-
BILE. but It Is true. In 1891 law was
passed providing that after the lapse
Of two years from the issue Of final
receipt without contest homestcader
shall get patent. but the department
has interpreted away this right OF the
settler until II now arrogantly refuses
TO be bound by the law. Because the de-
IN seventeen entries in the Siletz country
II arbitrarily suspended all entries in
nfteen townships in that section. The
nome 4Iee RhjcS Rf5 created new class Of
homesteads." though the law recognizes
no such classification. Though the law
cultivate his claim. IL has been con-
strued as recurring him 10 reside on and
cultivate. Tbs construction has been
used 20 extend National forests by can
homesteads IN States where the Law ex-
pressly forbids such extension. Men who
have spent years in improving home
room for scrip filings by men who would
hold the land for It's timber Bv reouir-
Ing as much Improvement on home
ntsdu III tls fourteen months residence
required for Communication as during
the five years residence required
for a free homestead. the Land Office
has practically repealed the conmutatIon
homestead law. Congress provided that
reservation OF public land should not inn
pair tho right 70 explore. develop and
purchase mineral land. but In 1910 the
withdrawal, at the instigation OF the
Land Office. excepted coal. oil. gas and
phosphate land. and the law OF August
1912. made the right OF miners apply
only 10 mctalliferous minerals This cut
out clays. lime, marble. onyx building
stone, cement. gypsum. boraN. pollshes
and all other non-metallic minerals
President Taft proposed creation Of
n land court 20 hear appeals from the
Interior Department The friends OF trio
settlers propose appeals 20 the Circuit
Court OF Appeals in the United states
and 70 the district courts for coal claim
ants In Alaska. But in order that Ius-
tice may be done. the Land Office should
be overhauled. It's entire practice revised
and the men who. through long habit are
mental Incapable or dealing out Justice
should be displaced. We look 70 Presi-
dent Wilson and Secretary Lane To in
Ia