The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-11-18
lmslporsant MISUNDERSTANDING lons,

HW Ib0tNouV
From tho wAsh,nsiaspn up,cH.
Among the important questions recently
decided by the Commissioner OF the Gcncr-
al Land Oilic. IL that Of John y. Sargent,
Esq. attorney for Thomas A Taylor u.s.
George W. Bell, who excerpts TO the follow.
ipg ruling Of the General Land Office 10 the
latter case at in well settled principle
under the uniform ruling Of the Office tina,
a tract Of land, whether offered or unolirrcd.
having once been covered by an actual cn-
try or location, is not subject to presumption,
based upon a settlement made subsequent TO
the date Of such entry or location, nor until
the land has been duly offered at public ale
or restored to market ty public notice. In
the law OF 1871, or the instructions Of Ang.
usi 1857. there is no express authority for
this regulation. II Ia, however, in tho Ian
guage Of Attorney General Butler. swell
warranted by the nature OF thu case aud the
general powers Of the Executive under the
Constitution.
The same reasons exist for this ruling 10
relation to unoiltrd land that governed the
Office when II issued the 9TH regulation OF the
circular OF the LIST OF January, 1896, in RI.
a,ion to offered land improperly entered or
otherwise improperly withheld from market
in reference 10 which the above quoted lam
guagc of the Attorney General was used,
That regulation was submitted 10 Attorney
General Butler, and approved by him in his
letter t. the Secretary of the Treasury,
dated the lith Of july. 1897. because, in his
opinion, il WIS we'll warranted by the nature
Of the case. aud tho general powers OF the
Executive under the constitution AZ above
quoted. IN th same letter, the Attorney
General remarked that at IL the duty If
the Commissioner oi the General Land Ol-
lice, under the general supervision OF the
Treasury. and through him OF the President,
to take care that this law tthe net Of 2lth
April. 1920 IN faithfully executed. One Of
the Most important points TO bc observed IN
the execution OF the law IN the securing 10
all persons u fair and equal opportunity to
become purchasers Of the public lands" II
is point OF equal Importance, Ia the cst
nation Of this Office, 10 be- observed In the
execution Of the pre- emplion laws. 10 secure
to all persons q lair and equal chance or OPP
portuniy 10 acquire rights 10 public lands
under the provisions Of these laws, and 10
give no indI, idual any advantage in procur
ing title 10 any tract OF land over The rest OF
the community. except such ~ he may pro
perry ard lawfully acquire by his own vgi-
lance and industry, while tl" public has the
same opportunity that he has
The sale Of tract OF the public land,
whether II be legal or illegal. Is always lol
lowed up hy certain entries or marks upon
the trnc, hooks md plats Of the local lnnd
Office. lbese entries or marks are notice 10
the public tina, the particular tract 81 M rk
81 Il uo longer public but private land
The official cettlIicate OF the sales IA p,tma
tac'c evidence Ia the public that il IL no
longer public, but private land, until such
certificate has b,sn cancelled 10y ronIntrnt
authority To allow such irnct to bc settled
nitrr the issuing II this certificate, and to
recognize the right of pre- emp'ion, prcli'
Gated upon such settlement, by any pirtlcu
lar individual belore the pubic had been
notified tia. 1t was still pubic land, woald
give TO such al individual ~ undue prc'o-
renee over the rest OF the community, The
only way ia such cnfes 10 secure sn equal
chance 10 the whole community would he
10 offer the land thus illegally entered at
pubic sale, whefe il would he taken by the
hIgbcst bidder, or Ia be ijccied by reason
OF such offer. 10 private entry ~ proepp
ton. ia addition 10 ths general powers "
Of The Executive under the constitution IN
wbicl, the poser 10 ndopi thls regulation IL
claimed aud exercised, there is express au
,horily Of lazy 10 be- found in / be- act Of "a
August, 1886, t5iatutes at Large. vol. ..
page 81 ;, IN which oil rejected cutric@ are
placed Ia tbe second cla5s. which afe JItct.
Cd 10 BE- cancelled.
Az som ~ they ARE cancelled under the
rroyisions oi tins law. the lands covered
thereby revert to. ana become part Of, tbs
public domain. The filth section thrp pre-.
sctbea the manner IN which ibis land shall
be disposed o. 10 wit alt shall ard may
be Ia wfu Tor the Commits iODer vi ttr Gen.
eral Land Dilice 10 order into market, alter
dne notice, NIthout the iofmaliy aud cx
Is1se Of the proclamation Of tie President,
all lands 81 the seeotsl class. though hereto
lore unprecedented aud uDoiI.red aud slch
o'hrr Isolated and disconnected iracts or
parcel. u unoII rod lands which, IN his
Judgment il would b. improper % sApvse
Ia sale IN like manner, &c The provisions
81 this act were revived aud continued ~
force by the act oI the 10th OF June IsJG.
t5ta,uus a, Large chap. AZ, page ~