The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-07-22

merely been 80 selected shall b. excluded
from the operation Of other pre-emtion laws.
Prior to the passage Of this act Of 23d
May, isi4, it was the policy and settled
practice OF the government to prohibit the
sale or acquisition by pre- emp'ion OF lands
which were occupied as town sites or trad.
ing places, the object Of such prohibition
being to secure the interests OF the govern
ment by the sale of the lands at their en-
HANGED value in snch manner as might be
deemed best TO effect that object.
The clause in the act Of lS4l which pro-
vides that no portions of the public lands
which have been selected as the site for u
town shall be liable to entry under and by
virtue Of It's provisions, cannot therefore, be
construed 10 recognise the right OF selection
10y individuals OF portions of the public lands
for town sites for their own use and benefit,
since al that time the system Of granting
right of presumption on lands Of that charac'
ter had not only not been adopted but was
directly at variance with the established
practice and policy. 1t was manifesily not
the object Of the law 10 withhold from pre-
euption such lands as Individual might des-
ignate or select without authority as the
site for probable or prospective city or
town. II so it would have been within the
power OF any person or persons to defeat
the presumption claims of those who they
were interested in opposing by alleging that
the particular land upon which said claim
ant had settled had hitherto been so selected.
1t was then not intended by said clause OF
the act of lS4l to withhold land which
might be regarded as eligible, or adapted
for town purposes, from presumption until
claimants should have an opportunity to
make settlements. and improvements since at
that time it was not to protect the interests
or supposed rights of citizens OF cities or
towns that such lands were withheld and ex-
cludcd from presumption, and therefore the
supposition that said clause would recognize
and protect from the claims Of other selec-
tions is erroneous.
The act of I'D May, 1874, further pro.
vides that the lands so settled upon and oc-
cuped shall be entered in trust for the sew
eral use and benefit Of the occupants thereof.
Referring to the title OF the act, d" For the
relief Of the citizens Of towns" &c. it may
be easily determined that by the term oc-
cupants" is meant those who are settlers or
residents, and that it only embraces the citi.
zens thereof. The parties for whose benefit
aud in whose behalf the application, dated
September 9th, 1856, and signed by Michael
$. Bright. County Judge Of Douglas com.
ty, was made, have not shown that they are
occupants within the meaning Of the law,
nor does it appear that there are not oc
cupants Of the town who would be entitled
TO the benefits Of the law in preference to
the socalled proprietors Of Superior City.
Said act further provides that the entry
Of the land intended by this act shall include
only such land as is actually occupied by
the town, and shall not, in the whole, exceed
three hundred and twenty acres.
The act of lS4l provides for the entry Of
any number Of acres not exceeding one hun
dred and sixty, or a quarter section Of land
by those claiming the right Of presumption
under IT, The military words Of the two
statutes are essentially different The one
/ limits the entry to such lands only as is &C
tualy occupied by the town the other gives
the right of acquiring any number of acres
not exceeding quarter section.
Before an entry is permitted under the
act Of 23d May 1874, it must be shown
that one or more Of the leg al subdivisions Of
the public lands is actually occupied by the
town, and the nature, extent and sullicicncy
Of such occupation must be determined by
the facts in each particular case.
The application above mentioned, to OBJ
tain the benefit Of the act Of l53i, not being
consistent or in accordance with the views
hereinbetore expressed, ishereby rejected.
Very respectfully, your ob'dt servt,
J. Thompson, Secretary.
Hon. TmoS A. HgSDRIcKs,
Com'r Of the General Land Office.