387 



A. That is my understanding; they have opposed it vigorously at 

 times. 



Q. How lately ? 



A. My impression is during the last two years. 



Q. And where they appear and look into the papers to see whether 

 either the redemption or cancellation is proper, the Comptroller con- 

 siders the objection ? 



A. Yes, sir. 



Q. So that it is in the nature of a test on the part of the forest com- 

 mission against the supposed owner or pretended owner of the land ? 



A. Yes, sir. 



Mr. Hessberg. — That is by the courtesy of the Comptroller they 

 appear there, there is nothing in the statute ? 



Mr. Adams. — Nothing in the statue. What I was inquiring was 

 whether they understood they could 1 do that, and whether they did 

 do it, is the point I am getting at. There is no statute compelling, 

 and it is a practice that has grown up, as I understand. 



Mr. Hessbeeg. — No even permitting; no statute. 



Mr. Adams. — I know that in the absence of any statute a practice 

 has grown up to receive notice from the Comptroller's office, and the 

 commission have gone down to oppose either a redemption or a 

 cancellation. 



Q. Wheue a redemption has been allowed improperly, and where a 

 cancellation has been made improperly, do you understand the Comp- 

 troller has the right to correct it and vacate his own action and 

 restore the statute? 



A. I don't know anything about that. 



Mr. Hessbeeg. — There was a special act passed in 1873, 1 think. 



Mr. Adams. — That has been the law, then, since 1873 ? 



Mr. Hessbebg. — Not upon any ground. 



Mr. Adams. — It has been the law where it appears he has actei 

 under a mistake, he shall rectify his action by a vacator. 



Mr. Hessbeeg. — No, sir; that is not the law. 



Mr. Adams. — There is a power that he may vacate. 



Mr. Hessbeeg. — Yes, limited power on certain grounds. 



Mr. Adams. — One of the grounds where a fraud has been practiced 

 on the office ? 



Mr. Hessbeeg. — I don't recall the terms of the statute at the present 

 time, but not a general fraud. It is specified. 



Q. I ask this witness if he knows, can call to mind, any case, 

 and if be can, about when did it occur; any case where the forest 

 commission have gone down to the Comptroller's office and opposed a 

 cancellation or redemption ? 



