The mineral lands are inviting the capital and enterprise of the country for their development; and in these cases, not unfrequently involving millions of dollars in value, and in which the best legal talent of the country is employed as counsel, manifestly should be examined and decided by able lawyers; and the controversies growing ont of conflicting claims of every character, all render it simply beyond reasonable question by any sensible person that a high standard of ability in those who decide these cases, involving the homes and fortunes of individuals no less than the public interests dependent upon peace of title and the sound administration of law, is imperatively demanded. Yet it will be seen, by a comparison of the clerical force provided in 1876 with that for the present year, that the increase is almost entirely represented by clerks at salaries of $1,200, $1,000, and $900. Now, while a limited number of copyists can be profitably used, yet, with a practical personal knowledge of this office and its work since the spring of 1876, I would be recreant to my trust should I fail to declare with the greatest emphasis that it is absolutely absurd to expect that the immense and varied interests adjusted by this office can be properly disposed of by clerks who can be hired at $1,000, $1,200, or $1,400 salaries. The necessity of this office is able men of legal education and mature judgment, and without them the administration of its affairs must be measurably defective and discreditable. With the force employed at the salaries now provided, it practically results that a very few of the ablest men in the entire office are overworked days, nights, and Sundays, in the effort to properly perform the grave duties imposed by law; and it is beyond question necessary that a higher grade of ability should be secured than can be had in the market at the low salaries above named. The history of this office for the past ten years proves the almost invariable rule to be, that its ablest men resigned from the office, after acquiring proficiency in the business, for more lucrative positions. Whenever a man is employed who develops uncommon ability and value, it is confidently expected that he will remain for a limited time only. The work is difficult, and the pay is insignificant in comparison; hence the result cannot be doubtful. The Patent Office has a deputy commissioner at a salary of $3,000. In my judgment there is an equal necessity for the deputy commissioner for the General Land Office at a salary at least as great, for no office in the executive branch of the government requires men of greater ability, or needs more diligent service, than the General Land Office. Now the chief clerk performs the duties of the Commissioner during his absence from any cause, and receives a salary of $2,000. The following provision should be made for this office in addition to the Commissioner: The number of clerks above mentioned is all that can profitably be employed with the office room furnished. The large and increasing accumulation of tract books, plats of surveys, field notes of surveys, records of patents, registers of official papers, records of correspondence, dockets of contested claims, returns of registers and receivers, records of testimony in contested cases, and the files of ex parte entries and proof, and correspondence, &c., occupy a very large space. The rooms are crowded with clerks' desks, books, files, &c., and large numbers of tract books, which contain the record of every entry, filing, selection, grant, or other disposition of every tract, and which have to be consulted continually in the daily work of the office, as well as records of patents, are stored in the corridors of the building to a degree rendering these invaluable records insecure, and involving a vast and unnecessary waste of labor, both by reason of their position remote from the clerks, and the fact that the light is so dim that the books have to be carried to some place where light can be secured and then returned again to their places. The want of sufficient and conveniently arranged rooms unquestionably involves a large percentage of loss annually, and I feel well assured that were this fully remedied the saving to the government, in work accomplished, would in a few years actually reimburse it for the expenses necessary to construct the proper building to accominodate the office and preserve its records for all time. Much of the business of this office is far removed from merely clerical work, and the embarrassments resulting from examination of large records of testimony, and writing important and difficult decisions, in rooms overcrowded with clerks engaged in various duties, can be readily understood. No well regulated private business would fail to receive improvement in the respect named. The recommendations herein are substantially the same as have been made by my predecessors in office, and others, whose investigation of the subject entitles their conclusions to great respect. I differ only in respect to the prices which should be paid for competent services, and possibly, though not probably, in my estimate of the benefits to be derived from proper and commodious office room. I am not, however, necessarily at variance with my predecessors in any respect, inasmuch as I contemplate the condition of the office as it is at the present time, and speak with the advantage of additional experience, and a knowledge of existing difficulties. The necessity of the office, and the public and private interests involved is, to-day, a far more competent corps of men, and additional office room. In conclusion, I frankly acknowledge my embarrassment in presenting again the pressing necessity for a thorough reorganization of this office. Every year for ten years last past the same subject has been called to the earnest attention of Congress. The leading men in the office have with almost superhuman efforts labored unceasingly to sustain the character of the bureau and carry forward its great work, the adjudication of the land titles of our vast territory, which has swiftly been organized into wealthy and populous States. The magnitude, the difficulty, and the national importance of the work can hardly be overstated, and it would seem self-evident that it cannot be done, and well done, except by able men, and, so far, no provision at all commensurate with the magnitude of the interests involved has been made. I further suggest, in order that Congress may be fully advised of the necessities of this office, that a committee, composed of members from the Senate and House of Representatives, make a thorough examination of the office, and report their conclusions and recommendations to that body. Very respectfully, your obedient servant, J. A. WILLIAMSON, Commissioner. It seems unnecessary that I should add to what has been heretofore said, except to state that, in my opinion, the necessity for a higher grade of ability for the discharge of the official duties of this office is simply imperative. One of the difficulties under which this office has heretofore labored has been the want of sufficient room to properly accommodate the requisite number of clerks. During the last summer about seventy clerks have been moved into the western hall of the model rooms of the Patent Office. This was done to obtain relief from the overcrowded rooms theretofore occupied, and also to enable the office to accommodate an additional number of clerks, made necessary by the accumulation of business, for the disposal of which pre-emptors, homesteaders, mineral land, and other claimants in all sections of the country are anxiously waiting. In this connection it may be stated that during the last fiscal year there were nearly twice the number of mineral entries than was made the year previous. These cases involve large values, and require ability and great care for their proper adjustment. Their examination is now over one year in arrears, and with the current accumulations the period of delay must indefinitely increase. In these claims laborers and capitalists in every part of the country are interested. In the single division of public lands there are now over 60,000 entries and legal notices of settlement claims unposted on the tract books, and unexamined, and about 1,300 contests unexamined, together with a large number of contests in the various stages of progress towards final adjudication. Other divisions are as much or more in arrears. There are 97 district land offices and 16 surveyor general's offices, under the supervision of this office. All their work and all their accounts come here for examination and adjustment. This office contains the record of original sales of land, and of final adjustments of controversies relating to the public domain. It annually furnishes an immense amount of information to interested parties, at a great outlay of labor. I deem it quite impracticable to give in this communication any full detail of the vast work which has for several years seriously embarrassed this office, because of an insufficient clerical force of the requisite ability. My estimate already submitted to you for the clerical force for the fiscal year ending June 30, 1883, is as follows: Commissioner Deputy commissioner. $5,000 00 3 inspectors of surveyor general and district land offices, at $3,000 each.. Chief clerk. 3,000 00 9,000 00 Law officer. 2,500 00 Recorder..... 2,500 00 6 chiefs of division, at $2,000 each Receiving clerk 3 principal clerks, of public lands, private lands, and of surveys, at $2,000 each.... 2,000 00 6,000 00 12,000 00 Chief draughtsman 35 clerks of class 4, at $1,800 each. 50 clerks of class 3, at $1,600 each.. 60 clerks of class 2, at $1, 400 each. 55 clerks of class 1, at $1,200 each. 35 copyists, at $900 each Chief messenger. 8 assistant messengers, at $720 each 6 packers, at $720 each. 12 laborers, at $660 each 2,000 00 It will be observed that the above estimate embraces more clerks at somewhat less salaries than were asked for last year by my predecessor. He did not ask for a greater number of clerks because at that time there was no room to accommodate them, and in the matter of my estimate for salaries I have sought to name the very lowest figures which, in my judgment, would possibly justify a reasonable expectation of retaining what good and competent men are now employed and thoroughly skilled in the business, and of obtaining from the outside a class of ability which the public have a right to expect will be employed to adjust the vast interests committed to this office. I conceive it to be of great importance that a deputy commissioner be speedily authorized for this office. The executive duties devolving upon the head of the bureau are so great and varied, as is well known, that it is impracticable and beyond physical possibilities for any Commissioner to personally discharge them in a proper manner. With a deputy commissioner a division of these duties can be made which will result largely to the benefit of the public business. I therefore recommend that this officer be authorized at as early a date after Congress convenes as may be practicable. I have also estimated for an appropriation for three inspectors of surveyor general and district land offices, at a salary of $3,000 each. It has been the practice to detail clerks from this office, or employ special agents from the outside, to investigate irregularities and frauds, and to inspect the local offices. This proceeding is, however, open to serious objection. Not only is the agent comparatively unskilled in most instances, but the system of an occasional examination does not meet the demands of the service. The local land officers are subject to frequent change by death, resignation, or removal, and new and unskilled officers are appointed; errors in business methods are perpetuated, and by reason of defective proceedings in the local offices, claimants frequently suffer and additional work is imposed upon this office. The local offices should be under continued and intelligent supervision. A system of fraud not infrequently continues for a considerable time before this office is advised of its existence, and then it has but imperfect remedies at its command. In this, as in most other matters, prevention is better than cure. The inspectors named should be tried, trusty, intelligent men, well versed in land laws and in the business of this office. Their duty should be, under direction from this office, to aid in the opening of all new land offices; to instruct new officers in their duties; see that the offices are legally and properly administered; detect and report fraud, irregularities, and inefficient officers, and, in short, to do and perform any duties in connection with the land service for which special agents have heretofore been appointed, or as the Secretary of the Interior or this office may direct. Many of the same reasons which render the employment of inspectors in the Indian Department advisable apply with equal force to the land service. I am confident that the employment of such inspectors would cost less than the present system, would be far more effective, and would result in speedy improvement of the service. Respectfully submitted. Hon. S. J. KIRKWOOD, N. C. MCFARLAND, Commissioner. Secretary of the Interior. |