Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-06-04

and that the Chiouits River was, on the
ground, fully a lnile farther west from
the point reached by course and dis
lance. To sum up there were 1900
acres of vacant land between the Denny
survey proper and Chiquito River.
One sweltering day in July the COM
missioner called for the papers IN con-
nection with this new location. They
upon his desk-feld notes, statements,
sketches, affidavits, connecting lines
documents Of every description tnat
shrewdness and money could caH to the
aid of Hamlin and Avery.
The firm was pressing the commits
sioner to issue patent upon their loca-
ton. They possessed inside information
concerning a new railroad that WoulQ
probably pass somewhere near this lane
The general land office was very still
while the commissioner was delvtng into
the heart Of the mass OF evidence. The
pigeons could be heard on the roof or
the old, castle-like building, cooling and
fretting. The clerks were droning every
where, scarcely pretending to earn their
salaries. Each little sound echoed hol-
low and loud from the bare, stOne-flagged
floors, the plastered walls, and the iron
Joisted ceiling. The impalpable per
petual limestone dust that never settled,
Whitened a long streamer Of sunlight that
pierced the tattered window awning.
1t seemed that Hamlin and Avery had
builded well. The Denny survey was
carelessly made, even for a careless pc
Rod. Its beginning corner was identical
with that of q well-defned old Spanish
grant, but its other calls were sinfully
vague. The field notes contained no
other object that surviVed-no tree, no
natural object save Cniquito River, and
1T was a mile wrong there. According TO
precedent, the office would be justified In
giving it It's complement by course and
distance, and considering the remainder
vacant instead of mere excess.
The actual settler was besieging the
office with wild protests in re. Having
the nose Of pointer and the eye or a
hawk for the land shark, he had observed
his myrmidons running the lines upon
his ground. Making inquiries, he learned
that the spOller had attacked his home,
and he left the plough in the furrow and
took his pen in hand.
One of the protests the commissioner
read twice. It was from woman,
widow, the granddaughter OF Elias penny
himself She told how her grandfather
at a trivial price-land that was now a
principally in extent and value. Her
mother had also sold a part, and she her
self had succeeded to this western por-
ton, along ChiquitO River. Much Of It
she had been forced to part with IN or
der to live, and now she owned only
about three hundred acres, on which she
had her home. Her letter wound up
i've got eight children, the oldest Is
years. ] work all day and hair the
night to till what little land l can and
keep us In clothes and books. teach
NV children, too. Ny neighbors is all
poor and has big families. The drought
kills the crops ever two or three years
and then we has hard times to get enough
to eat There is ten families on this
land what the land sharks Is trying TO
rob us Of and all Of them got titles from
me l sold to them cheap, and they ain
their land should be took from them
would die. My grandfather was an hon
est man, and he helped to build up this
State and he taught his children TO be
honest, and how could / make II up to
them who bought from mel Mr.. Com
missioner, II you let them land sharks
take the roof from over my children and
the little from them as they has to i've
on, whoever again calls this State great
or It's government just Will have lie In
their mouths"
The commissioner laid this letter aside
with a Sigh. Many, many such letters
he had received. He had never been hurt
by them, nor had he ever felt that they
appealed TO him personally. He was hui
the States servant and must follow Its
laws And yet somehow, this reflection
did NOT always eliminate a certain re-
snonsible feeling that hung upon him.
OF all the States officers he WAS SUI
premest in his department, not even ex-
reptfng the Governor Broad, general land
laws he followed. II was true but he ha d
a wide latitude in particular ramifca p
tons Rather than law, what be fol,
lowed was rulings. once rulings anu
pracedents In the complicated and new
questions that were being engendered
by the States development the commits
sioner's ruling was rarely appealed from.
Even the courts sustained It when its
equity WIS apparent.
The commissioner stepped 70 the door
and spoke to a clerk IN the other room
spoke rs he always did, as II he were
addressing a prince Of the blood;
"Mr Weldon, viii You be kind enough
to ask Mr.. Ashe, the State school land
appraiser, to please come TO my Office as
soon as convenient p
Ashe came quickly from the big table
where he was arranging his reports
"Mr. Ashe," said the commissioner,
You worked along the Chiquito River.
IN Salado County, during your last trip,
7 believe DO You remember anything
Of the Elias Denny three league survey ?"
Yes sir / do" the blunt. breezy sur
veyor answered II crossed It on my
way TO Block IT, on the north side of
r.. The road runs with the Chiquito
River, along the survey. The Denny sur
vey fronts three miles on the Chiquito."
cit Is claimed" continued the commits
sioner, that It fails to reach the river by
as much as n mile"
The appraiser shrugged his shoulder.
He was by birth and instinct an Actual
Settler. and the natural foe Of the land-
shark