The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-07-23
The Homc.toad and Graduation Bill.
[From the Int eIigeacer, July 22l

After several weeks discussion the Senate yester
day relieved itself for the present, OF these great
questions concerning the public lands. by passing
Dill containing three important principles. viii be
seen by the snbOiDed synopsis Of the bill, which has
yet TO receive the sanction Of the House oil Represea
tstises- Under the pre- emption clause, il will be
nen all, or any particular class II them, at the
graduated prices.
SYNOPSIS OF THE BILL.
The first section provides that the minimum
be reduced after the LIST OF July, 1855, and sold
accordfug 70 the following scale For lands which
shall have been offered at public sale and remais mu-
500 nve years ODE dollar per acre; for lands which
Snail Daye b en- offered at public sale and remain un-
sold ten years. seven five Cents IN acre; for lands
which shall have been Offered at public sale and
remain unsold fifteen years. hfty cents An acre;
ior lands which have beea offered public sic, aud
acie and tor ands which shall have be- offered at
public sale and remain ubsoli tni ~ years twelve
anu lali cents AN 40 e. prov ded tnat the grad
ing process, from fit, cents to twenty dive cents an
hc.., slall not TAX pla until the lands 10 the
my cent class shall have BEEN exposed TO sale for
leritd OF a. last two years ut the price OF fifJy
GEMS Pei. .acre. nfscr which tie price of the sail
i.nss ehaii be reduced TO twenty-five cents per
lie second section provides that whenever State
hai desire to &C iuife preemption right t. all the
Lands, o. 10 all tie lands OF certain class and
pr ce within it, deis, for other purposes than
"a road or canal aud signifies the same to the Presi
ture, they shall be granted on the following terms:
That said state may fix the price of said lands
above that prescribed Ia tbe first section Of this act
reserying the excess to itself provided that the
paid the price fixed in the said first section
70 the United States, and that the lands
shall be subject to the same legal subdvi-
sions IL the sale and survey as are now provided
by law and provided further, that any State which
Shall accept the provision OF this act, aud shall
pIeempt any lands under IT, shall take them 10 full
OF the five per cent. fund thereafter to become due
from the pr0cs of said lands. But any State &C.
ceptiDg the provisions Of this and the preceding
section shall take the lands at the prics fixed for
each particular GLASS, and lands shall be sold BY
tht Tor twenty-five cents an acre until they shall
have been previously subject to entry through pc
Rod of two years IT the price of fty cents per acre
TO be paio to the United States.
The third section provides that whenever State
Shall charter railroad canal to through the
lands Of the United States, and such State shall
cept the benefit OF the provisions hereinafter pre-
scribe by an act to be passed at general session
OF Its Legislature upon due notice being given Of
The TACT to the Secretary Of the Interior shall be
ms DUTY 70 set apart, Of the public lands. seven
OF railroad or canal within twelve miles on each
side, and as near the route Of such railroad
or e.u canal as possible, and the same
public advertisement Of the Secretary OF the Inte-
rior, except in the manner and form hereinafter
pr. scribed. The price Of these lands shall be one
dollar per acre for those which have not yet been
offered at public sale, for those which have been
subject to private entry less than five ye srs;
ty-hve cents for those whic have been 90 subject
to entry more than five years and less than ten
years; fifty cents for those which have been
subject 10 entry more than ten years and less than
twenty years; aud twenty FIVE cents per acre for
those which have been 30 subject to entry more
than twenty years.
The fourth section provides that whenever .
Stare through which such railroad or canal passes,
and in which tte said lands lie, shall desire do
So It may select, As pre-empter, all the lands 50 re-
served at the minimum prices designated in the
up and Fay in cash for said lard within ten years
nom the time when set apart by tie Secretary OF
the Interior, otherwise Its rgh to such OF them
as remain unsold shall be forfeited. But before the
lands thus reserved to tdividuas or corporations
provided that title shall vest in the purchaser
until ne pays to the receiver Of the proper land Of
fee OF the United States for the use Of the United
States the price herein fixed the price per AGRA
for v hich the lands shall be sold.
The fifth section provides that, in the event Of
difference between the Postmaster General and the
railroad company to the compensation for carry
ing the mails the matter shall be settled By mutual
agreement between the Postmaster Genera aud the
GcveInor Of the State IN which such RAILROAD lies.
The sixth section provides that the lauds pur-
chased by any State, under the provision OF the
third section OF this act, shall be applied by said
State for the construction of the railroad or canal
shall be included within the operation Of this act
to which The Indas title has not been extinguished.
The seventh section provides that this act shall in
no way apply to town village property, either in
lots or outlots, be construed ~ TO interfere
with any claim, to Ian as reserved for
schools, salnes, or reserved sections on railroad
grants. or other purposes under any existing laws
Of the United States.
The eighth section provides that any free white
person, who Is the had of family, or who has
capsse Of Hodas snds under sh: of the
State in which the lands lie, or II they lie 10
Territory, then any person who Is capable of
acquiring pre- emption under the laws OF tie
United STATES, SHALL from and sfter the passage Of
this act, b. entitled to enter onequarter section Of
vacant and unappropriated public lands, and no
more, which may at the time the application is made
be subject to private entry, or , quantity equal
the legal subdivisions Of the pubic iasds, provided
that lands ceded by any indian treaty stpulating
for the payment to such Indians Of the net pro-
ceeds Of the sales Of the ceded lands shall not be
graduated prices fixed therefor.
The ninth section provides that the person an.
plying for the beDa1t Of the foregoing eighth sectoa
sbali upon application to the register Of the land
try, make afdavt before the said register that he
or al Is the head Of family or Is twenty years
ofsge and that such application Is made for his or her
toned herein. AID not either directly Indirectly for
the nee or benoat Of any other person or persons
whomsoever; and upon making the affidavit herein
required and aling II with the register be rshe shall
thereupon BE- permitted to enter the quantity Of
land specified: provided that no certfcase can be
given or patent issued therefor until the expiration
OF five yealB from the Gate Of snch entry, and until
the person or persons entitled to the land entersd
shall have paid fos the same twenty-five cents per
acre. or, Hthe lands have been In markst more than
twenty yaars, twelve and half cents per acre; and
IT, at tho expiration Of such time, the nerson king
l.n 1tt k.1A
that no or she he's continue to reside upou aad cu
tivate said land and still reside upon the same, and
in such csso, no shc shall be ensitled to patent,
as in other cases provided for by law and all such
who are now settled upon lands subject 10 entry hg
this act, shil be entitled to its benefa, upon tho
expiration Of five years from the date Of such set
tlsment 7he bene1is OF this and she preceding
section Of this act shall be extended to the sehfrs
upon the public lands In California. upon paynenA
OF one dollar per acre.