Show RE i SIG in ei D a 11 IL U 8 land lind commissioner sparks unable to AGRE AWAND n 6 ONT LA ND matters Mattor with ehg secretary ecret ary of tho the interior i ASKS S KS TO BE EXCUSED from farther further bilty nud and pro liis his arguments TO president IDENT 1 1 asking him to accept the nation kt at an earl barly r date Bite text a cf r cletur letur arst to th n fhaid RESIGNED I 1 land commas ioner spark sparks r helenihi Eele his le letter r to the tile president pret ident nov 19 15 commissioner frerks has written tho president defending his course and resigning hie 11 is oace washington nov 15 land commissioner hit iss ioner S parks ahr thi afternoon per 11 delivered to uio lite president the tile follow folio lug ing letter defending his course in the chica linao Lh nao I 1 a si S paul PAUI minneapolis and Oni onealia alia railway railway land grant case and formally resigned hie ilia office cen general bcd land office washington D C 16 15 1887 to THE PRESIDENT the honorable hono 0 secretary of the interior advises ill a by letter dated alth instant in in effect that lie ile should on that date present ent to you ou the tile alternative of fele ting a ne secretary ft abe interior or a new of the tile und tand office under the dut authority hority vested in in the commissioner by the laws 1 aws I 1 hd had previous to depte bep bember 1887 made adjustments of c certain ar railroad I 1 und and grants sr its two of inch are known n as omaha caw I 1 had been specialty directed by ilia be stetary Sreta ry to report on Oc october 7 two aei af lite secretary aich vero were rendered in cases noti nott in in my and overruling tile alli authority on abich hilch they wore uru 64 lie ile I 1 directed nie me at the tile game p imo tibne to 0 o caubo the grants to be adjusted in conform conformity ty with said decisions I 1 now infer from ilia s letter that it alie 1 I aft jacops 0 11 m e beun not at ap proved by b the 21 I 1 aw a deloor for t the to of the interior tile point nt at issue to the claim of the tile railroad lomp anys indemnity for or lada that under railroad granting antine gr acts were reser reserved froin roin the tile operation of a acts by tile express terms of the tile pro previous clatl to 1875 landd lands thit had been reserved r by the tile for indian and other purposes acs alad been patented ar certified to file both has as granted lands and bindom anity n 1 ty pr with oilier other linda lands thia beelas to have leou been dono done in pur of the practice of giving the railroad compAri leti whatever vh hat ateer ever they asked for or apparently without much I 1 consideration of restrictions and limit adiong of grants in that year air the tile title tide to a arg I 1 arge quantity of euch such lands in I 1 the lie state ot kansas ld had been 8 D erroneously to the lite leavenworth cn en worth La barenco renco A Oli eston railroad company coin ciny vi was as decreed invalid by the U h S supreme court sine since sin e that date lands that were cro reserved at tho date litte of the grant or the he date of the tw definite finite location of the tile roads aa hae have etc ticen n regard etl end and treated in in tho tile decision ua all I 1 practice pra lice of this oinie office e tind und depa r ament as excluded not only f from I 1 all I 1 11 grants but from anity basis under all grants grai ita A heroin herein such reined ad linja lands are by the terms a of I 1 the tile excluded exila Jed from tile octra on of mhd auts of the tile it was hel beld antho in tho omaha WA the company i was enfiled to indemnity for buch 11 land lands thie this decision doci elon if ad bared to will lave have tho the etti ot to take from tile people many many million acres of land within the railroad rall T roAd indemnity limits chich by lour our advice and with aith I 1 four r approval 0 val is 19 expressed jq o 0 the m Guilfo vo rl yr 1 i i or cv cair icare been boon proclaimed caal to the he country e 1 as restored resto rod to tile public dorn domash ll 11 i l S the e question tion of 0 the correctness of these decisions became therefore ft matter a of i iowne ous con conwin rn if it they correctly de do clare tile lie layr those liode lands belonged to the tho company it 11 they dil 1 not corret orrett aly ly delcaro de l inq the law lawt t alie lie land belonged to the people the tile omaha decisions purport to bo q upon n the dec decoo ICA ol 01 fhe the aou bourt wo in Q tho tile case casc of the tile winonah vinona A st peter II 11 it ki co coni voi barney the assertion bein being mado made that the tile language of t tho 0 court mutt jn n aliat case emi to bo be conclusive of tit the cale pre pro scented and also aeo u upon PO it a certain n nile rule of statutory eti sti interpretation relied upon ne as being licin an axiom of I 1 ho constitution baid ftera 04 fart further bi by reference to in an unreported det aion of I 1 the U circuit for wi wisconsin Us 1 v aich as eald elAl tn the am uta tao 0 ln to bo be the Judi judicial kowt seems to leavo leave no further urther room lor for di seii it appeared to me that tho tile ilic leion ision of tho the supreme court in n the 00 barney uses cases was absolutely ilent silent upon the tile question decided doci led in in like omaha cases it also alo appo Arod to me that the like question U tion al at bisue WAS not in the lite ciso cimo decided 0 aided by the circuit court for is 11 arid and it memo I 1 that the rule of tile statutory inter interpretation rc tation adopted in the omaha 01 CAWS gem w was the opposite of ottlia the nile nite of coliat construction ruction adopted by the courts coart ancl laid J jofto down by JAW law write rs I 1 was therefore then toro y convinced convince 1 that the had two n commit committed coni mittel I 1 teI othe error tile 1 tw w m aich I 1 if brought fully in in ins his I 1 attention might be corrected it U ie Is the of tha r i to permit f 0 of f ruil roul cam parties a and other private etere nt ere to tn apply for renege reviews and 4 1 4 hen cl lettious are tire decided against a lust such SIK h interests 1 I bo lieveld that an officer of ment having te guardianship of the publio I 1 to land and ail diate at 0 charge of tho is issuance iwu nuance ance of patients under all grants of lind land I 1 had at tit least hi till equal right will represents lives of private enterer In terpsi q us rok the r L preter pre tir to m t the a d departmental men fill doat decision lon and dud I 1 bell believed eved it illy proper to or oprise 1 1 new to t tho I 1 I 1 a secretary a cretaro ill in nicee we I 1 I 1 had 0 td not att bilt would liao done lane so in ill the a it I 1 had anticipated a change of the thi ruling and de do C islon upon the ant point t in n question accordingly cord I 1 n gly I 1 nay e t to the if treta my desire to have ha e ft a review of the dy decisions deci cel siona in cheso caws ile sted to me to let the tile matter rot for lt the lo 10 pr present nl in ln which 1 su osa n I 1 C cheerfully elfull AI acquiesced u speed A to formal 1 up P pit c aaion for or a review revie w 34 I 1 in most respectful ful terms w wi completed complete d about october but was not mado made it public f i c on november 1 logli 01 1 c cell L I 1 a note from the secretary r t hair le beiring iring rne me to present what I 1 ila had ito to ray say on oil the subject bubl e ml letter was wa accordingly accor dinkl fig signed e I 1 an J evered to lint on the tile instant with the necessary chance of ilala and other corrections letter that tha I 1 had ia been male made A copy of the letter I 1 herewith your inspect inspection on se amral i ral important question ero ere cled in fit the 0 omaha cases other than the one referred to herein but I 1 con confined my a application t 1 on for review to lie the question omi of indemnity arti e for land landy excluded from train the tile operation of the granting acts that being of byor oer shadow ing importance in presenting this application I 1 informed to lie secretary that it would not he made public aul dunles by himself public Iu attention having now been cald call to tho the matter I 1 shall fel feel f el at liberty to furnish the press a with alth a copy opy of 0 thie this letter A ter it I 1 t lias has bl been en communicated abed to vuu ju and a copy transmitted to him the to issue malsed by itel was strictly one of law tto tie presentation of the issue was strictly in line ol 01 legal argument mg I 1 in the tile letter to nio that issue wile is la not riot met and tho the effect lias has been to create an erroneous im hat that the lemo WAR was one of authority and that 1 had refused to execute the lie official orders orders thie this diversion dit oreion of the issue issue from one of 0 lagal to one of authority au authority thorit Y an and subordination dIn ie Is the stitt for arm nent a diver eion ion of the lie public mind from the merits of the case a and if not resisted by b me in una this pre presentation serta to you R be A suppression b bv v that power er of A proper and con Fu Bf effort on my illy lurt part as commissioner of til ill general land office to in the tile public interest uri art im parti al hearing before the secretary of af the interior on purely a legal ques tion affecting affect ina the ad administration mini bt of the office with chih I 1 am charged the office e of co of the general land officio effii o has I 1 leeno eer forte neof of in intense labor and high responsibility having II eving tving sought it t at your our hand hands I 1 have continued to told it only out of a s enso of duty with a view view of 01 effert t ing some good to tho the public I 1 have endeavored to dis diA cliare chare my inv fall duty in n the faco favo of many intents and much calumny and abuse from those w whose tie interest interests were to defeat the policies pursued if these decisions decie ioTis foreshadow dok 9 change in in official policy on thie this subject knowing well ell what hat this mill will mean a in gitil it application I 1 con coul 1 not of course with my souse sense of duty be the inspru in etril raen roen in ole olet t tie change eer ever aa as now regarded the I 1 hold it af subject to your our recall and desiring to ou of an any isible em I 1 tender iny my resignation of the oell q at 4 cameli moner of the lie general land ofine and ask its ita itterly early erly act el se V 11 connection wilh with your ad min ration I 1 beg to assure yell cu ot of my y earnest miah that the puma wb 10 loin in Inte integrity grit 11 has as 1 thus far so eminently marked mar ad your our administration may continue ato to kulianco ianco you ou in n the estimation of o 0 inen men very ver respectfully i waa W u A J S r i it Ks |