The Land Office Money That Never Reached the Books

Mr. Garfielde, in a speech recently delivered by him in Olympia, took occasion to reflect upon my motives in reporting to the land office that he had received certain moneys for which he refused to account, claiming that he held them on private deposit. He also made statements in vindication of himself totally opposed to what I consider the proven facts. I therefore deem it proper to publish a statement of the whole matter, that the public and the Department may judge between us.

When I entered upon my duties as Register on the 12th of April, 1860, I found on file instructions from the General Land Office, dated Dec. 18, 1856, and Jan. 10, 1859, not to allow any payment on unsurveyed lands, or on surveyed lands where compliance with the law had not been proved; such payments being illegal and void. The Receiver was and is instructed, under the existing laws, to allow no payments except on the written certificate of the Register showing the quantity and description of land to be entered. In fact, no payment for land can be legally made without the official approval of both Register and Receiver, either under the donation or pre-emption law.

It is part of the official duty of the Register—to which my attention has been twice called by the Secretary of the Treasury—at the end of each month to examine the books and accounts of the Receiver, compare them with his own, certify to his accounts as Receiver and U.S. Depositary, count the money in his hands, and make a special report to the Secretary of the Treasury.

Shortly after my appointment I found that Mr. Garfielde had irregularly received certain moneys, which were then held upon his private deposit, and for which he had not accounted to the government.

In the case of Andrew Prebotal, who paid for his land in 1857, he refused to give an official receipt on account of an alleged irregularity in the payment. He refused also to report the payment to the land office, and claimed that it was not my business to inquire into payments made to him on private deposit, as he termed it. I then stated that justice to the claimants required that I should report the matter to the Commissioner of the General Land Office. I have reported to the land office a simple statement of the facts so far as they had come to my knowledge, and asked for instructions. My report was dated Aug. 3, 1860, shortly after Mr. Garfielde's term of office expired, and Mr. Van Cleve, the present Receiver, was appointed to succeed him. No money held on private or public account was turned over by Mr. Garfielde, nor did he make any statement as to what money he held on private account.

In the case of Mary Hunt, an official receipt for $50, which he asserted in his speech could not be entered on the books because there was no Register to certify it, I myself called his attention to by letter dated July 28, 1860, and received for answer that on his refusal he was not at liberty to act in the case. The money has never been accounted for. The Commissioner, by letter dated Sept. 27, 1860, in answer to my report, directed us to make a list showing the tracts for which payment had been made, the dates of payment, and, if possible, the reasons why the proper returns had not been made. It was then admitted that, after careful examination, no returns were found for the moneys alleged to have been paid, and that justice to the claimants demanded an investigation of the matter.

On the 14th of Nov., 1860, I furnished a copy of this letter to Mr. Garfielde, enclosing a list of payments. Receiving no answer, the Register published the list. Among the payments set down were $100 by I. H. Baker to S. Garfielde, paid by John M. in 1857; $50 by J. B. in 1859; $300; $500; $238 paid by J. W. Proleau to W. H. Rankin; $400 by David Parker to S. Garfielde; $1,005 by J. B. Knapp to S. Garfielde; $300 by Murphy to S. Garfielde; and $181 by Bennett Coney to S. Garfielde. The payment of J. B. Pickett was taken up on account in spring, and that of John Buchanan a week or two since. In neither case was I present.

Mr. Garfielde has been acting as Receiver, Depositary, and disbursing agent, and as a private banking house for the deposit of moneys where the owners, having no safe investment for their capital, were afraid to lend out on interest and could not consent to keep their own money. It is difficult to ascertain in whose name he holds, and where the little joker lies; it is impossible to understand why he should now, after a delay of three years, consult the Commissioner on private deposits, of which the Commissioner knows nothing whatever, and for which no communication can be made.

I hereby certify that the foregoing statement, so far as the same relates to the payments made by the parties therein specified, is strictly true, and that the sum of $1,643 remains unpaid; and I further certify that no part of said sum has been accounted for on the books of the Receiver; and that said payments were contrary to the instructions of the Commissioner of the General Land Office.

J. S. M. VAN CLEVE, Receiver.

Land Office, Olympia, W.T., Jan. 31, 1861.