The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1863-12-23


1t il recommended that the special and restricted
terms IN regard TO pre-emptors, as found in the
act OF Congress, approved June 2 1854, estab-
lsting the land Office al Colorado, be repealed
ard that the rights Of claimants in that territory
shall oe regllsted by the general prov sions Of
the pre- enpton acts Of Sal and ls4S, and the
7th section Of the act approved Nav 80, 1852.
10 reduce The expenses OF the survey and sale of
ihe public land=
IHE HOMESTEAD LAW.
The act Of Congress approved 10Th Nay, ls62,
to secure homesteads TO actual settlers on the
public domain, did not by It's terms become ef-
fective until lst January, 1853 Since that time
it has gradually gone into operation; numerous
Questions having arisen in its practical bearing,
and been determined
Cases are frequently presented 10 which, on
unofered lands, there is COZ siderable excess
over the quantity, one hundred and sixty acres.
limited by ihe statute. Treating the homestead
as not involving less liberal policy than the pre-
emptou, claimants having been allowed 10 paw
for such excess, where the tra"t is less than the
smallest legal subdivision, az the ordinary mini
mum Of 81 % per acre. As there is nothing in
the law interd citing claimants who are owners Of
lands "a pre-emptors, or otherwise, from en-
tering under the homestead, the department has
recognized land holders as entitled 10 lis ben
efts.
In the 9th section Of the law there is pro-
viso, that all persons who may have fled their
applications for presumption right prior TO the
passage Of ttis act, shall be entitled to all the
privileges Of this ac'."
Two different classes Of pre-emptors have
sppled for the privilege OF transmitting their
claims into home-tcads
rrrsf thoaa Who have fla1 nra-ampfion daoiar
a;ory statements prior 70 Goth May, 1862, the
date Of the homestead law. For this class the
statute makes provision, and their right is un.
questioned; but the other, or second class, are
those who have fled declarations since the pas
sage Of said act. IL regard 10 these il is held
that the law extends no such privilege, and con-
ssquently we have no legal authority for allow
ing them to ignore the pre-emption and take the
land under the homestead. That law carefully
avoids interfering with the status of pre-emp-
tiou which originated after its passage. Under
the pfe-empiion law the claimant becoms par
IL TO a contract with the government, to pur-
chase under liberal credit, either with cash or
by donation with warrant a specific parcel of
land The settler takes the initistory step of
filing bis declaration; the government withdraws
the tract from disposal to others and hold il in
a state Of isolation until the requirements OF the
/
legal consideration, whether 10 cash or warrant
Where there is failure to make good the title
III der such circums,a ances, and the department
thereupon adjudges forfeiture, the land is restor-
ed to market, after public notice, and laid open
20 free competition.
question has arisen as to whether an indi-
vidual owning and living on eighty acres has the
right, under the homestead, TO take a vacant
contiguous eighty acre tract at g so per acre {;
if not, whether he can claim forty acres at the
double minimum The first part has been held
negatively-the latter affirmatively; it having
been held by the department that the first sec
ton of the statute " limits the maximum guam
tty TO one hundred and sixty acres OF the mini
mum value Of eighty acres Of the double mini
mum but the generality of the clause is
restrained by the proviso, which forbids the own
er and occupant of land from acquiring one hum
dred and sixty acres OF adjacent land, and
expressly limits the extent TO so much as, added
n The see6hG Section o. rne 1F.oN' ''O'
there is stipulation as a prere9 re9un.esstead act,
legal inception of claim, that the applicant
shall " make affidavit before the said register or
receiver that he or she is the head of the fami-
ly, or is twenty one or more years of age or
shall have performed service in the army or navy
Of the United States; and that he has never
borne arms against the Government OF the Uni
ted States, or given aid and comfort to its ene-
mics; an that such application is made for his
or her exclusive use and benefit; and that said
entry is made for the purpose of actual settle
ment aud cultivation, and not, either directly or
indirectly for the use or benefit of any other
person or persons whomsoever
As there are, doubtless, many citizens OF the
classes contemplated by the statutes who are in
the military and naval service OF the United
States, aud consequently unable to do the per-
sOndL acts at the district land Office which the
law requires, remedial legislation is recommended,
whereby the wife or representative OF anv such
party shall have the right to take the REQUISITE
preliminary steps, with view to give legal in-
ception to a homestead claim in behalf of the
principal, who NAV be 10 the land or naval ser.
vice Of the United States.
1t is further submitted, that the homestead
act be go amended that parties entering lands
under its provisions shall pay the full commits
siORs Of the register and receiver, when the
entry is made, instead of paying, as required by
the statutes, only one half OF said commissions
at the time OF entry, the balance having to be
pad when the tnal certificate is Issued, at the
end OF FIVE years.
The commissions now paid at the time of
entry is for 100 acres of 81 25 land, or 50 acres
OF e 90 land, 81. and for less Quantities OF land
in proportion. The full amount OF commissions
on that quantity of land would be 81. Il il
not conceived that the additional payment at the
time Of entry, OF g, would in anywise interfere
with or lessen the quantity of land which will
be entered for homesteads, neither would il
more than compensate for the labor REQUIRED
when the application is rendered, and the entry
made.
AGRIcULTURAL AND MECHANIC COLLEGES.
By the act Of Congress approved 2d july.
1862, Congress has made provision for dona-
ting public lands TO the several States and Ter
rtories which may provide colleges tor the
benefit Of agriculture and the mechanice arts :"
the law authorizing the grant OF 80, 900 acres for
each senator and representative in Congress.
according TO the apportonment by census of
1850
Under this Law the whole quantity which falls
to the loyal States" accepting in "place, ="
and in scrip" Is as follows: lst In place
acres 500 ,00O-tbat is States holding public
lands within their limits are required to take
such lands in satisfaction of their claims under
the grant 2d. In " scrip"-acres. $3.50, 600
which the States not holding public lands are to
receive and dispose OF to assignees, who NAV
locate according to certain stipula,ions in the
act; the proceeds OF sale to subserve the pur
poses Of the law. The States which had ac-
cepted prior to goth September, 1858, are the
following:
IN ~P-4G-" IL SCRIP"
Acres Acres.
Iova,.......-... 10000 Rhode Island ,... 10 900
q