The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-11-06
IMPoRTlVT DEcisioN-pREEMpTIoNa

i
the Commissioner OF the General Land Office Is that Of
John Q Sargent esq, attorney for Thomas A. Taylor W.
George W Bell who excerpts TO the following ruling Of
the General Land Office in the latter 1T is well
settled principle under the uniform ruling Of the Office
that tra-t Of land whether offered OF unoered having
once been covered by entry location Is not
subject to Presumption based upon settlement made
subsequent to the date of such entry location nor I'M
ill the land has been duly offered public sale or re-
stored to market by public notice In the law of lsI
the instructions Of August 1887 there no express
authority for this regulation 1t s however In the Ian
guage of Attorney General Butler ''we warranted by
the nature Of the and the general powers of the Ex
ecutive under the constitution The exit
for this ruling in relation to unonered land that
governed the Office when it used the 9th regulation
of the circular Of the LIST Of january 1886 in relation 10
offered land improperly entered otherwise improperly
withheld from market in reference TO which the above
quoted language Of the Attorney General used That
regulation submitted 10 Attorney General Butler
aud approved by him in his letter to the Secretary of the
Treasury dated the 14th OF July 1887 because in his
opinion IL well warranted by the nature Of the case
and the general powers Of tho Executive under the con-
stitution above quoted In the letter the At
torney General remarked that " 1t is the duty of the
Commissioner of the General Land Office under the gen
era supervision of the Treasury and through him of the
President, TO take that this law the act of gath
April 1920 is faithfully executed One of the most i'm
porant points be observed in execution the law
is the securing to all persons fair and equal opportunity
to become purchasers Of the public lands 1t is point
Of equal Importance in the estimation Of this Office, to be
observed in the execution of the presumption laws
to all persons fair and equal chance opportunity
to acquire rights to public lands under the provisions
Of these laws and to give individual any advantage
in procuring title to any tract Of land the rest of the
community except such as he may properly and law
fully acquire by his vigilance and industry while
the public has the opportunity that he has The
sale Of tract of the public land whether 1t be legal
illegal Is always followed up by certain entries marks
upon the tract books and pats of the local land Office
These entries marks notice to the public that the
particular tract marked is longer public but p-
vate land. The official certificate of the sale is pna
acie evidence TO the public that 1t is longer public
but private land until such certificate has been cancelled
by competent authority To allow such tract to be set
tied after the issuing Of this certificate and to recognise
the right of presumption prcdcated upon such settle
ment by any particular individual before the public
had been notified that it still public land would
give to such individual undue preference the
of the community. The only way in such to
cure an equal chance to the whole community would
be to offer the land thus illegally entered at public
SALE where it would he taken by the highest bidder to
be subjected by of such Offer to private entry
pre-empuon In aduiton 70 tne 'geuefai powers OF
tho Executive under the constitution which the power
to adopt this regulation is claimed and exercised, there
express authority Of law to be found In the act Of Sd A
gust, 1885, Statutes at Large, VOL D, page 80 in
which all rejected entries placed in the second class
which directed to lie cancelled AS they
cancelled under the provisions Of this law, the lands
covered thereby revert to- and become part Of the pub
lie domain. The fifth section then prcseribes the man
ncr in which this land shall be disposed Of to wit II
shall and may be lawful for the Commissioner of the
General Land Office to order into market, after due
ce, without the formality and expense Of the procama
ton of the President, all lands Of the second class,
though heretofore unprecedented and unoered and such
other isolated and disconnected tracts parcels of uno
ered lands which, in his Judgment it would be improper
TO expose to sale in like manner, &c. The provisions
of this net revived and continued in force by the act
of the 18th Of June, 1856 Statutes at Large chap A.
page 22D