| Show GBANT OF PUBLIC LANn President Cleveland Submits Another Message to Congress PROMPT LEGISLATION It is Needed to Amend the Existing Exist-ing Conditions Limitation of the Time Within Which Suits lilay Be Brought Bj the Government to Annul Unlawful Unlaw-ful or Unauthorized Grants ol Public Lands Should Be Remover Evils of the Present System Clearly Shown By the Executive WASHINGTON Jan 17The president presi-dent today sent the following to congress con-gress Washington Jan 17 1896To Congress Con-gress I desire to invite attention to the necessity for prompt legislation in order to remove the limitation of the time within which suits may be brought by the government to annul unlawful or unauthorized grants of public lands By the act of March 3 1887 the secretary sec-retary of the interior is directed to adjust I ad-just each of the railroad land grants which may be unadjusted and it is provided if it shall appear upon the I completion of such adjustment or sooner that the lands have been from any cause erroneously certified 0 patented by the United States to or for the use of a company claiming under any of said grants it shall be the duty of the secretary of the interior to demand de-mand a reconveyance of the title to all I lands so erroneously certified or patented and on failure of the company I com-pany to make such reconveyance within with-in ninety days the attorneygeneral is required to institute and prosecute in the proper courts necessary proceedings proceed-ings to restore the title to said lands to the United States THE DEMANDS MADE under this act have been numerous and in some cases have resulted in the reinvestment of title to the lands in tte I the United Sates upon demand but in most cases the demand has been refused and suits have been necessary The work of adjustment has been unavoidably un-avoidably slow The said act makes provision for the reinstatement of entries en-tries erroneously cancelled on account of railroad withdrawals and upon certain cer-tain conditions provides for the confirmation con-firmation of titles derived by purchase from the companies of lands shown to be excepted from the grants I contemplates con-templates a disposition of every tract described by the granting act and inspection in-spection of each tract certified or patented to the company within such limit to determine whether such certification certifi-cation or patenting was proper the listing of these tracts shown to be erroneously certified and the determination determi-nation for which tracts lost to the grant indemnity is to be allowed IT IS NECESSARY in making such an adjustment that all questions of certifying claims either between settlers and the roads or between be-tween two roads the grants for which conflict or overlap be finally disposed of so that a proper disposition of the land can be shown in the adjustment While adjustments have proceeded with the utmost rapidity consistent with a due regard for the rights of the settlers of the United States and of the railroad companies and while to this end the force of adjusters had been largely augmented in the general land office many of the grants yet remain unadjusted In some of the grants notably the corporation grants the lack of surveys sur-veys up to the present time made the completion of the work impossible DECISIONS RENDERED by the Interior department in numerous numer-ous conflicts have been carried into the courts The construction of the inter ior department has generally been sus tained when final determination has been reached but many of the cases are still pending not yet having been decided Some of these cases while involving in-volving immediately the titles to only one particular tract will when decided decid-ed furnish a rule of construction to control the disposition of the title to thousands of acres of other lands in the same situation Until the courts pass upon these questions final adjustment ad-justment cannot be made By section 8 of the act of March 3 1891 it is expressly enacted that suits by the United States to vacate and annul an-nul any patents theretofore issued shall only be brought within five years from the passe of this at This period of five years will expire on March 3 1896 Of course suits by the United States to secure the cancellation i can-cellation of a patent in this class of cases after that date would not be effective effec-tive Indeed it Is now too late to indicate indi-cate proceedings looking to any such suit inasmuch as demand has to be fed on the company and thereafter ninety days allowed for compliance or refusal in accordance with the act of March 3 1887 BEFORE THE EXPIRATION of this period the statute would bar the right of recovery by the government govern-ment and the benefits of anticipated favorable decisions ofThe courts would be lost so far a they might determine the character and disposition of grants similar to those directly involved in pending cases I will be readily seen that if this act of limitation is to remain on the statute books the portion of he adjustment ad-justment act referred will be rendered ren-dered null Indeed there would be but little use in continuing the adjustment of many of the land grants inasmuch as ascertained rights of the United States or of the settlers could not be enforced by law Legislation establishing limitations against the right of the government to sue is an innovation not entirely consistent con-sistent with the general history of the rights of the government for i has uniformly been held that time did not bar the sovereign power in asserting aright The early adjudication of the department de-partment constructed the grants with a degree of liberality to the grantees ivtoile later decisions of the courts and of the department have not sustained i I seems clear that the further progress of adjustment will develop facts and transactions In connection with these land grants which ought to be the subjects of legal examination I and scrutiny before they are allowed to become final and conclusive The government should not be prevented pre-vented from going into the courts to right the wrongs perpetrated by Its agents or any other parties and by which much of the publifi domain maybe may-be diverted from the people Under these circumstances it seemsio me that the act of 1891 should be so amended as not to apply to suits brought to recover title of lands certified certi-fied or patented on account of railroad or other And I especially grants especialY urge upon congress speedy action to the end suggested so that adjustment of these grants may proceed without the interposition inter-position of u bar through lack of time against the right of recover by the government in proper cashes GROVER CLEVELAND I |
