Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-09-21
WASHINGTON NEWS AND GOSSIP.

DEClSlOhS--A washington correspondent OF
the New York Times has recently published
a series Of attacks on the decisions of the Sec.
rotary of the Interior, respecting matters grow
ing out Of attempts to enter the town sites of
Superior City, Monticello, Lower Monticello,
Waverly, and Maritzious Abstracts of these
decisions were, published in the Star at the
time Of their rendition, but as it is hardly
probable our readers generally remember the
points involved, we will briefly recapituiate
them, before proceeding to notice the illusions
of the wiseacre who contributes to the columns
of the Times. The decisions are to this eff
feet: -.
First. That under the law of May %, 1874,
no person has the right to 60 on the public
domain, select portion thereof, call the same
a town site, prevent other parties from settling
upon and entering the same, and enter it him
self rs a town-site. = 7-a.
SecondiS. That, under the same law, no
person has the right to enter, as a TOWNSHIP,
any portion of the public lands not actually
occupied as a toacn, for purposes Of trade, at
or before the time such entry is sought to be
made; and, then, only so much land as is ac-
f~affv occupied by the said town, which shall
not in the whole exceed 800 acres
Thirdly. That, under the same act, party
has right to enter lands, occupied as a town
site, except such entry be made for the use
a'ld benefit of tie actual occupants of, resi-
dents IN, and bona tide citizens of said town.
These are the decisions of the Secretary
which the Tunes correspondent contends are
contrary to law and against the established
usage of the General Land Office. To show
that he errs in pronouneing them contrary to
law, it is only. necessary for US to quote the
law itself, and here it is, except single clause
referring especially to the town of Weston,
Missouri, and which contains nothing bearing
on the questions at issue:
AN ACT for the relief OF the citizens of towns
upon the public lands Of the United States
under certain circumstances -
BE at enacted, &c. That whenever any portion
OF the surveyed public lands has BEEN or SHALL
De, settled upon AID occupied as a town site, and
therefore, not subject to entry under the existing
presumption laws, il shall be lawful in case such
town, or place, shall be incorporated, for the
corporate authorities thereof, and, il not incor-
porated, for the Judge Of the County Court. for
the county in which such town may be situated,
TO enter, at the proper land office, and at the
minimum price, the land settled and occu-
pied, in trust, for the ssreraI use and benefit of
me occupants thereof, according to their respec-
* a
the disposal of the lots in such town and the
proceeds of the sales thereof, to be conducted
under such rules and regulations as NAV he pre.
scrlDed by tue legislative authority of the State,
or Territory, in which the same is situated
PrOrided, That the entry of the land, Intended
by this act, be made prior to the commencement
or the public sale of the body of land in which IT
Is Included and that the entry shall include orIu
sueh land as is actually occupied by the tOlcn,
aud be made in conformity to the legal subdi-
visions OF the public lands; authorized by the
law OK 9th April, 1920 and shall not, In the
whole, exceed 800 acres. And, prortded, also
That any act of the said trustees not made in
conformity to the rules and regulations herein
alluded to, shall be void and OF none effect
Approved May I'D, lSii. Statutes at Large, vol
5, p. 657. ...
The above quoted law is so plain, and the
decisions OF the Secretary so obviously con-
formable to its letter and meaning, that we
cannot think it necessary to dwell longer ON
this topic than to give a sketch of its history.
Prior to its passage, lands occupied as town
sites, together with such other bodies of land as
were believed to be Of more value than the
public domain generally, were reserved from
presumption. Wide, act approved September
4, 1911, entitled {. An act to appropriate the
proceeds of public lands, and to grant pre-
emption rights, and ac Is prior thereto referring
made, in order that the Government should re-
ceive the benefits of the enhanced value of
such lands as might be settled upon as town
sites. When these town sites came into mar
ket, special-laws were passed for their sale.
Generally, such laws provided for the appraise-
ment of the occupied and improved lots, and
their sale, at such appraised value, to the oc-
cupaIts, if the latter desired to buy them. The
vacant lots, and those not purchased by the
occupants, were sold at public vendue to the
highest bidder. Wide, act approved July z,
1896, for the sale of Fort Madison, Burlington,
BelIeEiew, Dubuque and Peru" and other
similar acts.
That system was deemed uniast, inasmuch as
settlers on lands occupied as town sites were
compelled to pay more for their lands than
those who purchased for agricultural purposes,
while the enhanced value Of the lands was the
result of their own occupancy and improve
ment, and not of any action of the General Gov
eminent Then, again, they were liable to i'm
position in the appraisement, and advantages
were given to spectators. To obEiats these
objections the law of 1914 was passed, and it
was founded on the presumption law of lS4l
This law OF 1911 provides that its benefits shall
be enjoyed only by those who are, or are about
to become, citizens of the United States, and
who have, in person, settled upon and improved
the lands they desire to pre-empt. Before the
presumption is issued to them, they are COM
PEELED to take oath that they have not pre-
viously had the benefit ofany right of pre-cmp.
ton; that they do not own 800 acres of land in
the United States, and that they intend to use
the privilege for their exclusive benefit, and
have not made any agreement, directly or indi-
rectly, that the benefits, in whole or in part,
shall enure to any other person. Wide, the act
of Sept. 4, 1S4l, sections 10 and 13 The OBJ
viOus intention Of this is to prevent tors
from pre-empting and entering the public
lands; and it is easy to see that the same in
tent pervades the law of 1914, and is at the
bottom of the late decisions of Secretary Ihomp-
son.
As for the usage Of the General Land Office,