ready loaded with cases, can not
tend to expedition, while it is very manifest that, by reason of the
greater formality in the taking and presentation of evidence which would
be required in court and of the long distances which settlers would have
to traverse in order to attend court, the costs in such cases would be
enormously increased.

It is proposed by this bill to give what is called concurrent
jurisdiction to the district courts of the United States and to the
Court of Claims to hear and determine all claims for land patents under
any law or grant of the United States. Whether concurrent with each
other or with each other and the Land Office is not clear.

It is quite doubtful under the rulings of the Supreme Court whether the
courts now provided by law for the Territories are "district courts of
the United States" within the meaning of this bill. The effect of this
legislation would, if they were held not to be such, be that as to all
suits relating to lands in the Territories of New Mexico, Arizona, Utah,
and Oklahoma no other forum is provided than the Court of Claims at
Washington. In this state of the case a settler, or one who has taken
a mineral claim in any of these Territories, would be subject to be
brought to the city of Washington for the trial of his case.

In view of the fact that all recent legislation of Congress has been
in the direction of subdividing judicial districts and of bringing the
United States courts nearer to the litigants, I can only attribute to
oversight the passage of this bill, which in my opinion would burden the
homesteader and preemptor whose claim is contested, whether by another
individual or by any corporation, by compelling him to appear at
Washington and to conduct with the formality and expense incident to
court proceedings the defense of his title. But even in the case of
land contests arising in the States where district courts exist the
plaintiff, it will be observed, by this act is given the option to sue
in those courts or to bring his adversary to Washington to litigate
the claim. Why should he have this advantage, one that is not given so
far as I know in any other law fixing the forum of litigation between
individuals? Not only is this true, but the Court of Claims was
established for the trial of cases between individuals and corporations
on the one side and the United States on the other, and so far as I now
recall wholly for the trial of money claims.

The