Presidents -- United States -- Messages; United States -- Politics and government -- Sources
An exceedingly important recommendation of the Secretary relates to the
manner in which contests and litigated cases growing out of efforts to
obtain Government land are determined. The entire testimony upon which
these controversies depend in all their stages is taken before the
local registers and receivers, and yet these officers have no power to
subpoena witnesses or to enforce their attendance to testify. These
cases, numbering three or four thousand annually, are sent by the local
officers to the Commissioner of the General Land Office for his action.
The exigencies of his other duties oblige him to act upon the decisions
of the registers and receivers without an opportunity of thorough
personal examination. Nearly 2,000 of these cases are appealed annually
from the Commissioner to the Secretary of the Interior. Burdened with
other important administrative duties, his determination of these
appeals must be almost perfunctory and based upon the examination of
others, though this determination of the Secretary operates as a final
adjudication upon rights of very great importance.
I concur in the opinion that the Commissioner of the General Land
Office should be relieved from the duty of deciding litigated land
cases, that a nonpartisan court should be created to pass on such
cases, and that the decisions of this court should be final, at least
so far as the decisions of the Department are now final. The proposed
court might be given authority to certify questions of law in matters
of especial importance to the Supreme Court of the United States or the
court of appeals for the District of Columbia for decision. The
creation of such a tribunal would expedite the disposal of cases and
insure decisions of a more satisfactory character. The registers and
receivers who originally hear and decide these disputes should be
invested with authority to compel witnesses to attend and testify
before them.
Though the condition of the Indians shows a steady and healthy
progress, their situation is not satisfactory at all points. Some of
them to whom allotments of land have been made are found to be unable
or disinclined to follow agricultural pursuits or to otherwise
beneficially manage their land. This is especially true of the
Cheyennes and Arapahoes, who, as it appears by reports of their agent,
have in many instances never been located upon their allotments, and in
some cases do not even know where their allotments are. Their condition
has deteriorated. They are not self-supporting and they live in camps
and spend their time in idleness.
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