Nebraska advertiser., 1858-08-12

Settlers MeetIngS-Land Sales.

THURSDAY MORNING, AUGUST Il, 1858.
Settlers MeetingS-Land Sales.
The settlers meeting called for last Sa-
turday, at this city, was poorly attended,
because notice hadg not been given but
two days, and consequently but very few
knew of the meeting. The meeting ad-
iourned to meet in this place on Saturday
next, when we hope to see a full attend
ance.
We have been accused, by some, of
-1epdeaEoring to excite the settlers, IN our
position upon the land question. Nothing
could be farther from the truth, and we
are at a loss to know how such construc-
ton can be put upon anything we have
ever said or written upon the subject
We have always advised a compliance
with law; conservatism and mildness IN
der every circumstance. We have advl-
sed publicly and privately, and do so yet;
that settlers unable to enter their lands
before the sales, form themselves say into
precinct associations, select one man Of
their number to whom all report their
names and descriptions of their lands;
that this man attend the sales, and when
p tract Of land Of which be has the
description and name Of occupant IS oiler-
81. that he announce, or request the auc-
,ioneer to do so, that it is occupied by an
actual settler who IS unable to pay for It,
and asks that it may be returned as offer
ed lands, that he or they may file on II
again under the provisions Of the law go
verning offered lands, and thus have the
benefit of one year further time IN which
to pay for it. This we believe to be IN
strict accordance with the law relative to
public lands, and we know it is nothing
more than justice.
This ground is disputed by some; and
if we are correctly informed there Is a
division of opinion between the officers
of this Land Office on that point The
position assumed by the opponents Of
such q course is that when a man once
files upon a tract of land it is unlawful
for him to file a second time. The Ian
guage Of the law is: at shall not be law
full for the same individual, at any future
time, to file a second declaration for
another tract" Not p~reyenting him, IL
our opinion, from fling 4 second decla-
ration upon the same tract. We will
quote Sec. i Of the Act Of March 3,
1913, "to authorize the investigation Of
alleged frauds under the pre-emption
laws, and for other purposes
SEC. 4. find Be 1t further enacted, That
where an individual has filed, under the
late p~re-emption law, his declaration OF
intention to claim the benefits Of said
law for n tract Of land, it shall not be
lawful for the same individual at any
future time TO file q second declaration
for another tract.
As further evidence Of the correct
ness of our position, we refer to the
latter clause Of Sec. 9 Of the same act,
which reads as follows:
"And said act shallno be so conS;rued
as to preclude any person who may have
filed a notice Of intention to claim any
tract of land by presumption, under sad
act, from the rights allowed by law tC
others to purchase the same by private
entry after the expiration Of the right
Of pre-emption.'
1t was evidently the intention Of the
law to give 10 every man coming within
its provisions the benefit Of securing 100
acres Of land at SIPS per acre, and
whatever may have been the cause pre-
venting the consummation Of that right
once commenced, does not, or at least
should not preclude the same individual
from securing such benefits at any future
time, and more especially uponthe same
tract of land.