Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1869-09-17
That very Wise Law.

tion." When it came out Of the % legis
lative milf it was " an act to grant pre-
emption rights upon odd numbered see
tons within certain railroad limits in the
counties of Pierce, st. Croix, Polk, &c.
A strange metamorphosis 10 say the
least. OF course, there was no dishoa-
esty and no deception practiced, because
none but the friends of the JOURNAL arc
given to venality, and corruption.-
"Theic's nothing rotten in Denmark"
certainly not. Our readers, are no doubt,
curious to see the law and read it for
themselves. We have not space to print
it all, because like most of the profound
emanations Of the mighty mind of its
distinguished author. it requires great
deal of explanation to make it ineligible,
and we cannot make room for both. The
second section however. contains the
gist Of the law aud reads as follows:
SECTION ,. at any time within twenty
days before the completion of each and every
consecutive twenty miles of railroad as above
specified. any person or persons wishing TO
avail themselves of the rights of presumption
secured by this chapter, shall prove up their
rights to such pre-emption before the COM
miSsioners of school and university lands. by
the affidavit Oftwo or more disinterested wit
nesses. together with his or her own affidavit,
setting forth that he or she had at the time
of ling their declaratory statement for the
premises therein described, made ali actual
settlement aud improvement thereon, and that
he or she las the case may be) is not the own
er of one hundred and sixty acres of land
and shall pay the sum of s. so per acre 10
the state treasurer Of the state of Wisconsin,
for the use and benefit of the railroad compa-
Nv. constructing such railroad i'm or through
either or any of said above named counties !;
and in case of non compliance with the terms
thereof. shall forfeit all right of pre- emption,
and the said lands so claimed shall vest in
and be disposed of by the railroad company
constructing such railroad. according TO law.
Admitting, for moment, that the
state has authority 10 grant presumption
and rights 10 the settler upon these lands,
that this law is, therefore, valid, let
us observe what this section conapels him
to do in order to hold the lands thus OBJ
tanned. He " shall prove up his right
to such presumption" within twenty
days before the completion of each and
evtry consecutive twenty miles of railroad
In other words, whenever the railroad
company builds twenty miles of railroad
the settler is compelled TO prove up bis
right or forfeit his claim and when an
other twenty miles is nearly completed
tho on,iln- - antain cnn1m0llod 70 I>raua
up the same right or lose bis land, and
so on, till the road is finished. The
length of the proposed road from St.
Croix to Superior is about I6O miles.
A settler pre-empting tract embraced
in that grant according to the provisions
of this Uise law, is obliged TO prove up
his right eight different times or forfeit
bis claim. Seven times will not do
the law is inexorable-eight times or
your claim reverts to the railroad com.
pany, with the fruits of many years OF
hard toll upon it.
But this law has still an ether charm.
The reader will observe that the period
specified when the settler shall prove his
right, is sat any time within twenty days
before the completion, etc." The settler
has, therefore, just twenty days and no
more. If he proves his claim before or
after this short period it amounts to
nothing-he fUrfeits his land. Who
will tell the settler living mics away
when the proper time comes? Will the
the railroad company? No.
Perhaps WISE will stand senti-
mel upon the watchtower and herald
the exact time. Eternal vigilance is
the price of liberty" but we never imag
ined it would be the price of railroad
lands.
This is the substance of the law which
we have often said was not worth the
paper it is printed on. The impartial
reader will see that we have placed upon
it higher value than it deserves.
Verify, it is strange that man of com
mon sense should write law to clear
away difficulties, and in so doing really
multiply them. Even this we can pass
kindly by for " to err is human" But
when the person who has framed such
law, and who must be convinced of
its absurdity, still blindly asserts that
it is valid, we are inclined to think the
fool-kiler has business in that direction
or there is first-class candidate for the
insane asylum running at large.
This act is claimed to be only initia-
tory" in its character. If the initiation
is sample of the mysteries yet to come
the prayer of the settlers will be: &" From
the second degree, good Lord deliver
u.s."
We would say again to the settler,
have nothing to do with this law, or the
tifla ~ y1rofaeeoe 70 r..uo H. ,D.o.o..