before this office. They involve the construction of laws relative to the disposal of the public domain, and in this connection the application of the general principles of law as defined by the leading authors and reports of judicial decisions. The number of law books in the possession of the whole Department is very small, the libraries of the Department proper and the various bureaus containing not all of the text books most commonly used, and only a very limited number of the State reports. The library of this bureau contains, perhaps, half a dozen text books, a broken set of the decisions of the Supreme Court, and of the opinions of the Attorneys General, and no State reports. An extended examination of authorities requires a visit to the library of the Supreme Court or of the Attorney General's Office, necessitating loss of time and great inconvenience; and such visits are in fact in most cases impracticable, because each employé should be at his desk during office hours, as it is not known at what moment his personal services will be required; and in leaving the office he is separated from the records and papers to which he should have access in connection with his examination of authorities.

Of many of the law books there is only one copy in the whole Department, and the use of the same book is often necessary by different parties at the same time. In consequence of this condition of affairs, decisions are rendered involving the largest interests, in many instances affecting the determination of the courts, without a sufficient examination of authorities, because they are not available.

I therefore respectfully urge that the attention of Congress be called to this subject, with a view to adequate appropriation to enable this bu reau to purchase such books as are absolutely necessary to the proper administration of its affairs.

JUDICIAL TRIBUNAL-CODIFICATION AND REVISION OF LAND LAWS.

The subject of revising and codifying the entire land laws of this country, and the establishment of a proper judicial tribunal for the determination of questions arising before this office, is one of such preeminent importance that it seems a little remarkable that it has not been made the subject of legislation.

When we consider the vast number of decisions which in the courts and this Department have been made, and acts of Congress, involving questions of land titles, and the number of cases daily arising in this bureau, to which all of this great amount of precedent and authority is more or less applicable, it becomes evident that there should be a careful codification and revision of the law upon this subject, and some tribunal established whose especial duty it should be to determine the questions here arising, and in accordance with the nicest distinctions of the law, and with a view, also, to the establishment of a consistent line of drecedent which should not only be a guide to the Department but an aid and authority to the courts.

Perhaps there is no one who has had occasion to be brought into familiar contact with the decisions and rulings of this branch of the Government who has not remarked the conflicting expression of opinion and want of any clearly defined exposition of the law with reference to the important questions continually arising before it. I do not say this in disparagement of my predecessors or any one connected with the business of the office. This state of things results naturally and necessarily. It is impossible that any Commissioner of the Land Office, however eminent a lawyer he may be, should give the personal, patient, and

thorough consideration to the many important and complicated questions of law and fact continually arising before him that should be given to them. He must almost entirely rely upon his heads of divisions, who in turn must largely rely upon their subordinates; neither of the latter can always be selected with a view to their legal attainments. It may be safely premised that no court in the land decides a larger number of difficult and important cases each year than does this bureau. A court especially appointed for that purpose, who should hold daily sessions, would not be more than equal to the task of disposing of the vast amount of business that would properly come before it. Indeed, it has become a necessity that the heads of bureaus should be relieved of the burden of this great labor.

Not only should this be done on account of the impracticability of the labor being properly done by them, considering the great amount of other business daily brought before them, but because of the impolicy of allowing them to do it. The questions arising before this bureau are such that should have the most impartial decision.

The heads of bureaus are the officers of the Government who feel, and as a matter of fact too often act upon the supposition, that they are only the guardians of the public interest. Besides this, they may not always be uninfluenced by a question of responsibility, which has the effect to delay if not defeat the justice due the citizen. The judicial power should be vested in an impartial tribunal, and the Government, like the individual, only be represented before it by an attorney or solicitor.

I can only use space here to suggest the subject and some of the reasons of its notice. This mere suggestion, however, it seems to me, will be sufficient to induce favorable action upon it.

REVISED STATUTES.

The attention of the Department is called to the suggestion in my last annual report looking to an amendment of the second paragraph in section 2238, Revised Statutes, page 394, chapter 2, which reads as follows:

Second. A commission of one per centum on all moneys received at each receiver's office.

The necessity for a change in the phraseology was urged in the fol lowing terms:

The act of Congress approved April 20, 1818, (Stats., vol. 3, p. 466,) from which the above is taken, answered the purpose for which it was then intended, as at that time no sales were made of the public lands except for cash, and in addition to a yearly salary of $500, allowed to each register and receiver, they were allowed an additional compensation of one per centum on the moneys received, provided the whole amount did not exceed $3,000 for any one year.

Since the passage of the act of 1818, the homestead and pre-emption system has been established, and a schedule of fees and commissions adopted, in accordance with the provisions of various laws governing the disposal of the public lands. As the law now reads, incorporated in the Revised Statutes and above quoted, the regis ters and receivers, aside from the fees and commissions allowed them under the homestead, pre-emption, and other laws, and the one per centum on all cash sales, would be entitled to one per centum on all moneys received, which would include one per centum on their fees and commissions. The second paragraph above quoted admits of such a construction, and has been so construed by some of the registers and receivers, and an attempt made to collect a commission not contemplated by the law. To remove all doubt as to the meaning of the paragraph in question, I would recommend that it be amended to read:

Second. A commission of one per centum on all moneys received from cash sales at each receiver's office.

REPAYMENT OF PURCHASE MONEY FOR LANDS ERRONEOUSLY SOLD.

The decision of the honorable Secretary of the Treasury, dated April 20, 1877, "in relation to the use of appropriations for the payment of accrued claims," bears severely upon claimants for refunding of purchase money for lands erroneously sold, whose cases it is made the duty of this office to examine and adjust.

Section 2362 Revised Statutes (p. 435) authorizes the Secretary of the Interior to repay the purchase money in cases of sales of public lands where from any cause the sale cannot be confirmed. Section 2363, recognizing the preferred character of these claims, further authorizes the sale of stocks held in trust where it may be necessary, in order to carry out the provisions of the preceding section.

The Secretary of the Treasury, in the decision referred to, holds that the act of June 20, 1874, (18 Stat., p. 110,) precludes the payment of claims under "permanent annual appropriations," where such claims accrued more than two complete fiscal years prior to the presentation of the adjusted account at the Treasury Department for warrant. The appropriation for refunding money for lands erroneously sold comes under section 3689 Rev. Stat., (p. 733,) making permanent annual appropriations; and under the decision specifying this section there are now in the office of the First Comptroller of the Treasury some thirty cases approved by the honorable Secretary of the Interior in accordance with law, but withheld from final settlement, for the reason that the date of cancellation of sale is more than two complete fiscal years anterior to the date of receipt of the adjusted accounts.

These claims are manifestly so different from most others and possess such peculiar equities that I think the small number and amount of money involved have caused them to be overlooked in the decision of the Secretary of the Treasury. During the fiscal year ending June 30, 1877, 258 of these claims were reported to the Treasury Department, aggregating the sum of $29,666.19 only. The amount of money to be refunded in each case is never a matter of doubt; the certificate of purchase issued by the register of the land office at date of purchase, together with the receiver's receipt for the money paid, determines that the United States has received a specific sum for a specific tract of land which the Government had contracted to sell, but which sale it was unable to confirm. The only question for determination is as to the party entitled to the return of this money, which, under the law, is decided by the additional legislation asked for.

The custom of this office under the act of January 12, 1825, authorizing repayment of purchase money for lands erroneously sold, has been to report formerly to the Secretary of the Treasury and latterly to the Secretary of the Interior all claims for refunding of excesses charged over the legal price, or any other illegal exactions on the part of the local land officers. These claims have been recognized and approved by the several heads of each Department to the present time, and it is only that now a question arises as to whether under a strict interpretation of the provision of the Revised Statutes, sec. 2362, p. 435, such repayments can be continued. To remove all possibility of doubt on this point, I respectfully suggest that it be recommended to Congress to pass an act amendatory of said section 2362, authorizing the Secretary of the Interior to repay to the original purchaser, or heirs, the amount of any overpayment or illegal exaction in the purchase of public lands. No refunding of such overpayments or illegal exactions to be made to other than

the original purchaser or heirs, except in cases of specific and definite assignment of such claims.

In the same amendatory act I would recommend the extension of the provisions of said section 2362 to embrace cases of deposit by settlers to cover the expense of survey of public lands under section 2403, p. 443, U. S. Revised Statutes.

DECISIONS IN LAND CASES.

There is much need of a well arranged digest of the decisions of the Department respecting the public lands, and a current publication of those rendered from day to day, both by this office and the Secretary. In the necessary distribution of work, it is impossible for one person to keep constantly in mind the rulings and decisions affecting every branch of the office, and it is not infrequently the case that conflicting decisions are rendered on important points, causing great mortification to the officials and uncertainty among claimants, as well as difficult modifications and explanations in making proper correction when discovered.

By the appointment of a law clerk for this bureau, something has been done toward securing correct constructions and harmonious rulings, but there being no text book of cases for his guidance, he must necessarily rely for authorities upon such written records of the Department as he may be able to refer to from his personal recollection, or from that of the clerks in charge of the various distributive branches of the office. It would be impossible, therefore, to expect, from his individual efforts, conclusions at all times in harmony with settled decisions of the Department, unless these decisions would be so codified and presented as to make them convenient for his consultation and reference, as well as accessible to the heads of divisions and examiners having the adjustment of important cases immediately in hand.

I had hoped to secure from the last Congress some legislative provision by which the decisions of the Department relating to lands could be officially published, but, in the great press of important matters toward the close of the session, nothing was accomplished beyond the introduction of a joint resolution in the Senate relating to the subject.

That measure has been revived in the present Congress, and its provisions are embodied in Senate joint resolution No. 1, "Authorizing the official publication of the decisions of the Interior Department relating to the public lands." It provides for the designation by the Secretary of the Interior of a suitable person to collate, digest, and prepare for publication from month to month, or quarterly, as he may deem most desirable, such decisions, orders, circulars, and letters, as will fully explain and illustrate the current rulings and practice of the Department in land cases, to be printed by the Public Printer for distribution to parties entitled, and for sale to individuals at a price sufficient to cover the reasonable cost of the same.

In my judgment this measure will supply a much needed want in the administration of the land system, and I hope it may receive the speedy sanction of Congress.

ACT MARCH 3, 1875.

Attention is invited to the error in the description of the land directed to be withdrawn from sale and settlement and granted to the Holy Cross Mission, in the Territory of Dakota, by the act of Congress approved March 3, 1875. (Statutes at Large, vol. 18, p. 519.) Said act describes

the land as situated in sections thirteen and eighteen, whereas it appears that the land referred to is situated in sections thirteen and twenty-four. It will be necessary before the grant to said mission can be finally adjudicated that the statute be corrected by striking out the word eighteen in line six and substituting therefor the word twenty-four. I would also suggest that said act be so amended as to direct in specific terms the issue of a patent to said mission.

RECOMMENDS LEGISLATION AUTHORIZING THE COMMISSIONER OF THE GENERAL LAND OFFICE TO ISSUE COMMISSIONS TO TAKE TESTIMONY IN SUCH CASES AS IN HIS JUDGMENT THE EXIGENCIES OF THE CASE DEMAND.

It often becomes necessary and important in the adjudication of matters relating to the public land and private land claims in the Territories and some of the sparsely settled public land States, particularly in ascertaining the true location, boundaries, and extent of the various grants and claims, to take the testimony of witnesses residing at points remote from the offices of the surveyors general, whose examination is attended with great delay, trouble, and expense to the parties and the public service and great inconvenience to the witnesses whose attendance may be required. It has been the custom for the surveyors general, in cases where the testimony of distant witnesses is desired to be used before them or for the information of this office, to authorize county clerks or clerks of courts of record to take and return such testimony. But this affords only a partial and very inadequate remedy, the public duties of the officer frequently preventing prompt attention to the matter referred to him, and the distance still being so great in many cases, even when the nearest proper officer is selected, between his office and the residence of the witnesses, as to be a great hardship upon the latter and upon the parties who are compelled, for the protection of their interests, to procure their attendance and examination.

I therefore recommend appropriate legislation authorizing and empowering the Commissioner of the General Land Office to issue commissions to such persons as he may deem fit and proper to take testimony in all cases where, in his judgment, the interests of the service, for the protection of the interests of the Government or the rights of the parties, require it.

RECOMMENDS THAT PATENTS BE DIRECTED TO ISSUE FOR LANDS LOCATED UNDER THE PROVISIONS OF THE SIXTH SECTION OF THE ACT OF CONGRESS APPROVED JUNE 22, 1860.

The sixth section of the act of June 22, 1860, (Statutes at Large, vol. 12, p. 85,) provides:

That whenever it shall appear that lands claimed, and the title to which may be confirmed under the provisions of this act, have been sold, in whole or in part, by the United States prior to such confirmation; or where the surveyor general shall ascertain that the same cannot be surveyed or located, the party in whose favor the title is confirmed shall have the right to enter upon any of the public lands of the United States a quantity of land equal in extent to that sold by the Government: Provided, That said entry be made only as lands subject to private entry, at one dollar and twenty-five cents per acre, and as far as may be possible in legal divisions and subdivisions, according to the surveys made by the United States.

Pursuant to the provisions of the above section, and in accordance with the mandates of the Supreme Court of the United States, in the cases adjudicated by said court under the provisions of the eleventh