Washington telegraph., 1854-08-30
,,be Homestead and Graduation Bill.

5,ssing bill containing three important prluci-
los as VIII be seen by the subioined Synopsis OF
he bill. which has yet to receive the sanction OF
tho .H House of Representative. Under the pre-
amption clause, it viii be Observed, the states In
,rbich the lands lie can enter them all, or any
rarticular class OF them, at the graduated prices.
SYNOPSIS OF THE BILL.
The first section provides that the minimum
10 of the public lands of the United States shall
lrodnced after the 1st Of July. 1855, anC sold
UUooor1ing to the following scale For lands which
.bs have been offered at public sale and remain
-old five wears one dollar per acre; for lands
Snbch shall have been offered at public sale and
ronain unsoId ten years, seventy-tve cents an
.a-o. for lands which have been offered at public
ale and remain unsod 10 years; tfty cents per
saro for lands which have been offered at public
ale and remain unsold twenty years, twenty five
san+s an acre: and for lands which shall have been
Earat at public sale and remain unsold thirty
nors twelve and half cents an acre; providing
;Sot the graduating process. from fifty cents to
,santv-fve an acre, shall not take place until the
lands in the fifty-cent class shall have been ex-
nosed to sale for period of at least two years, at
he price OF fifty cents per acre, after which the
,r;ce of the said lands shall be reduced to TWEEN
tvfve cents per acre
The second section provides that whenever a
State shall desire to acquire pre-emption right
a all the lands. or to all the lands OF any certain
lass and price within its borders, for other pur-
noses tharla railroad or canal and signifies the
iiame to the President Of the United States by an
act its Legislature they shall be granted on the
allowing terms: That said State may fix the
rricp of said lands above that prescribed in the
frt section of this act, reserving the to it.
self provided that the title shall not pass to the
purchaser until be has paid the price fixed in the
said section to the United States, and that the
lands shall be subject to the same legal subdIvi-
SONS in the sale and survey now provided
bv law: and provided further, that any State
which shall accept the provision of this act, and
shall pre-empt any lands under it. shall take them
in full of the five per cent. fund thereafter to be-
rome due from the proceeds OF said land. but
any State accepting the provisions of this and the
preceding section shall take the lands at the price
fixed for each particular class and lands shall be
sold by them for twenty-five cents an acre until
tbev shall have been previously subject to entry
through period of two years at the price OF fifty
cents per acre, to be paid to the United States.
The third section provides that wherever
State shall charte a railroad or canal to run
through the lands of the United States. and such
State shall accept the benefit of the provisions
hereinafter prescribed by an act to be passed at
General session of It's Legislature upon due notice
being given of the fact to the Secretary OF the In
teror it shall be his duty to set apart of the pub
lie lands seven thousand six hundred and eighty
acres Der mile of railroad or canal. within twelve
miles on each side, and as near the route of such
railroad or canal as possible. and the same shall
be withdrawn from sale OF entry by public adver-
tisement of the Secretary of the Interior except
in the manner and form hereinafter prescribed. -
The price of these lands shall be ore dollar per
acre for those which have not yet been offered at
public sale or fof those which have been subject
10 private entry less than five years. seventy-fve
cents for those which have been so subject to en-
Try more than five years and less than ten years;
fifty cents for those which have been so subject to
entry more than ten years and less than twenty
years; and twenty-five cents per acre for those
which have been so subject to entry more than
twenty years.
The fourth section provides that whenever
State through which such railroad or canal passes
and in which the said lands lie, shall desire to do
so, it may select, as pre-emptor, all the lands
reserved at The minimum prices designated in the
third section of this act; but the State must take
up and pay in cash for said land within ten years
from the time when set apart by the Secretary of
the Interior otherwise its right to such OF them
as remain unsold shall be forfeited But before
the expiration of this period the State may sell
the lands thus reserved TO individuals or corpora
tons provided that no title shall vest in the pur-
chaser until he pays TO the receiver of the proper
land Office of the United States for the use OF the
United States, the price herein fixed as the price
per acre for which the lands shall be sold.
The fifth section provides, that, III the event of
adherence between the Postmaster General and
the railroad company as to the compensation for
carrying the mails, the matter shall be settled by
mutual agreement between the Postmaster Cen
eal and the Governor of the State in which such
ralroad lies
The sixth section provides that the lands pur-
chased by any State, under the provisions of the
third section of this act shall be applied by said
State for the construction of the railroad or canal
for which they We're received; and that no lands
shall be included within the operation of this act
to which the Indian title has not been extinguish-
ed
The seventh section provides that this act shall
IN no way apply TO town or village property,
either in-ots or out-lots be so construed as to
interfere with any pre-emption claim, or to lands
reserved for schools, salines or reserved sections
On railroad grants, or other purposes under any
existing laws of the United States nor to any of
the minera! lands OF the United States
The eighth sectionmovides that any tree white
person, who is the head of family, or who has
arrived at the age of twenty-one years and is
capable of holding lands under the laws of the
State IN which the lands lie, or if they lie in
Territory, then any person who is capable of ac-
curing pre-emption under the laws of the Uni
ted States SHALL from and after the passage OF this
act be entitled to enter quarter section of va
VdhI ana uaappropflased puDfc lands, and no
more, which may at the time the application is
made be subject to private entry, OF quantity
equal thereto, to be located in body, in conform
ly with the legal Subdivisions of the public lands:
provided that lands ceded by any Indian treaty
Stpulating for the payment to such Indians of the
nett proceeds of the sales of the ceded lands shall
not be subjected to the operations of this act ex-
cept at the graduated prices fixed therefor.
The ninth section provides that the person ap-
plying for the benefit of the foregoing eighth sec
4on shall, upon application to the register of the
land office in which he or she is about to make
such entry make affidavit before the said register
that he or she is the head of family or is TWEEN
ty-one years of age, and such application is made
ior his OF her exclusive use and benefit ard those
Specially mentioned herein, and not either direct
ly or indirectly for the use or benefit of any other
person or persons whomsoever; and upon making
the affidavit herein required, and filing it with
me register, he or she shall thereupon be permit
fd 10 enter the quantity of land specified; pro-
VIded that M certificate shall he riran or na+ant