The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-09-30


land specially occupied reserved for town lots or other
purposes by authority of the United StatesY Stat at
Large, p. 25l.
authority each provided for none II is obvious
that the provision in the latter is made for certainty
only since by the general rules OF satuteeonstrueton,
ordinary claim Of presumption could attach to rserya-
tons made by authority OF the United States The eff
ectye provision in the quoted must be for seec
tons not made by the authority OF the United States
In point of fact the provision construed by the de-
partmen TO include all voluntary selections lands says
the circular of the General Land Oce OF July b 1855
/" which settlers have selected with view OF building
thereon a village city"
Ii seems 10 me thar the same considerations which u
dueed this construction OF the word Selection in the act
of 1888 dictate similar construction of the word
in the subsequent act Besides which, when word or
words OF which OF uncertain Specification
originally but which have been construed by the proper
authority repeated in subsequent statute that is I'M
derstood being not repetition merely OF the word
with the received construction but implied legislative
adoption even Of such construction.
H. The second question is Of the construction of the act
of 1884, supplemental to that of 1871 and as the con-
ructon OF the elder derives aid from the language Of the
later one does that OF the latter from the former The
question is divisible into subquesions.
l. Does the phrase SHAT the entry for town ste) shall
include only such land is actually occupied by the town
restrict the entry to those quarter forty
subdivisions alone which houses have been erected
as part OF said town
O. What is the meaning of the phrase in the act illegal
subdivisions OF the public lands" in conformity with
which the entry must be made?
put the together and find that they provide
for a system of pre.emptons for, among things, az
ricutaral occupation commercial mechanical occupa-
ton and municipal occupation.
In regard to agricultural occupation the laws provide
that in certain cases and conditions one person may pre-
municipal occupation plurality Of persons may in certain
and conditions pe-emp three hundred and twenty
acres In the latter contingency there Is no special priv
ege to quantity but disability rather; for two per-
together may preempt three hundred and twenty
by agricultural occupation and afterwards convert
the land into town site and four persons together might
In the way six hundred and forty 10 he
converted ultimately into the site of town; while the
four persons selecting land for TOWNSHIP take
only three hundred and twenty In both FORMS the
parties enter at the minimum price OF the public lands
The chief advantage which the preemptors for municipal
purposes enjoy is that they have by statute preference
agricultural pre-emptor the land selected for town
site being secured by statute against general and ordna
ry-that is, agriculturapre-em In all other
pects material to the present inquiry may assume for
the arguments sake al least that the two classes stand
footing of equality respects either the conflicting in
Of third persons the rights of the government
Now the rights of agricultural pre- emptor IN
derstand. He is entitled if he shall snake settlement in
person the public lands" and shal inhabit and i'm
prove the same and shall dwelling thereon"
ter "by legal subdivisions any number Of not
ceeding hundred and sixty, quarter section of
land TO include the residence Of such CLAIMANT" fact of
ls4l s. lo) And of two settlers on athe same quarter
section OF land the earlier one is to have the preference
(Sec lL)
Now was it ever imagined that such claimant must per-
sonay nhabit every quarter of his clam
That he have under cultivation every quarter quarter
section That he must erect dwelling every quarter
quarter-secton And that il he failed to do this any
such quarter Of his quarter section might be preempted
a later occupant
There no pretenson that such is the condition Of the
ordinary preemptor and that he is thus held to inhab
to cultivate TO dwell on every quarter quartersecton
der penalty Of having it seized by another pre-empor
entered in by any public private purchaser He
TO provide according to the regulations Of the Land Of
fee otherwise iadica by which the limits Of his claim
known. or IN
tended ownership the land notice TO Others and that
suces his rights under the statute. II
cessary for him to cultivate every separate quarter Of his
quarterecton is not necessary for him enclose
each il only needs that in good faith he take possession
with intention of occupation and settlement and proceed
in good faith occupy and settle in such time and in such
belong TO the nature Of agricultural occupation
and settlement
Why should there be different rule in regard to occu-
pants for municipal preemptonf The latter is BY the
very tenor of the law the preferred object Why should
those interested in 1t be subject special disabilities of
competing occupancy ] cannot conceive
1t obvious that in municipal settlement well as az
rcultura there must be space Of time between the
mencemen and the contamination Of occupation There
will be moment when the equitable right Of the agricul
tura settler is fixed although he have yet done nothing
in the way Of inhabiting improving than
tree drive stake into the earth And IL may be long
before he improves each Of all his quarter quartere
tons So in principle II Is in the Of settlement for
town We must deal with such things according TO their
nature Towns do spring into existence consummate
and complete Nor do they commence with eight houses
systematically distributed each in the centre OF forty
lot And In the of town settlement of three
hundred and twenty acres well as that of farmsite OF
hundred and sixty acres all which be lawfully
requisite communicate the occupants the right Of pre-
empon the block Of land including every one OF its
quarter quartersecons-is Improvement indication Of
the improvement Of the entire block-ac OF possession or
regarding it, with the nature Of the thing
That In farm will be the erection Of house and out
houses cultivation and OF pasturage woodland Ia
town. 1t will be erecting houses shops plating the
land, grading opening streets and the like signs and
marks Of occupation or special destination.
The considerations lead TO the conclusion that Il
would not be just conne the proofs Of occupation 10
facts existing at its very ncpiency The ibchoate equ
able right against all Others begins from the beginning
OF the occupation the ultimate suoency Of that occupa
ton is TO be determined in par, by subsequent facts which
consummate the occupation, and ase demonstrate is
bona fdes. If II otherwise there would be end Of
all the advantage expressly given by the statute to pr
oriy Of occupation Take the Of agricultural pre-
emptons for example settler in good faith upon
quarter section for presumption his entry At first at
tacbes ply caly TO than heroo osnd on which
he 10 commencing to constructs habt,ton i that entry
confined in effect 10 sEge quarter quarter Can other
settlers the next day enter upon all the adjoining quarter
quarters and thus limit the hst settler The single quar-
ter quarter which his dwelling is commenced Is all
up ha title TO be confined 10 acts anterior the date Of
conflict Clearly not The inehoste title Of the first
occupant rpens into complete By the series Of
on his part subsequent to the original occupation.
In the statement Of the prepared in your Office Il is
averred that numerous procedents exist 10 the Land Office
not only OF the allowance Of town preempons the vol
untary selection Of ndvduals but also OF the appcaton
to such presumption claims Of the ordinary construction
Of the word Occupation hsbually applied to sgrcuiu
raj preempton calms-that Is to say IL has been the
practice Of the government consider municipal occ
patton Hcircumscribed BY the foryace subdivisions