The crisis. (Chillicothe, Livingston Co., Mo.) 1877-1878, 1877-10-25
NO. 8,

| formed by the Senators ana Represent-
atives from the western States and Ter
ritories and by numerous petitions COM
ing directly from the people that thous-
ands of hardy pioneers had settled on
and cultivated and improved these lands
after the maps of definite location had
been filed, but months before withdrawn,
and before a survey had been made by
which they could distinguish odd
from even sections; that there settle
ments were made in perfect good faith
with view to entering the lands under
the provisions of the pre-emption and
| homestead laws as soon rs they came
into the market; that they were without
notice of any railroad claim, and that
| they had been or were about to be de-
priycd of their homes and the fruits of
years of industry by the construction
which has been placed on the railroad
grants.
1t was this state of facts which induced
Congress to pass the net now under CON
sideration, which is purely remedial
statue, and therefore must receive lib
eral construction to the end that the
remedy sought may be secured. a
remedial statute isa statute giving apar-
ty remedy for a wrong when he has
done or different one before. First
Chitty's Blackstone, 81, n. %. Reme-
dial statutes must be construed accord
ing to their spirit, for in giving relief
against fraud, or in furtherance and ex-
tension of natural right and justice.
Judge may safely 90 beyond even that
which existed in the minds Of those who
framed the law; L. b. II. b. b. n. 3O;
Chitty. In the case of Atchison vs..
Everett, Cowper $50, Lord Mansfield
held that in remedial cases the constuc-
ton of the statutes is eXtcnted to other
cases within the reason and rule OF them.
See also Coke Littlcton, 40, B, report
GO, Devarris p, 6G5. That these rules
of construction have received the uni
form sanction of American courts and
jurists is evidenced by the following
authorities, namely: Remedial statutes
must be construed liberally, and when
the meaning is doubtful they must be
construed to extend the remedy. White
VS.. Steam Tug Mary Ann, p. Cal, 462;
Cullcrton VS.. Meal % Cal, 95; Jack
son VS.. Warren, 80 ILL.,, 1872. In CON
STRUNG remedial statute, which has
for its end the promotion OF important
public objects, large construction is to
be given it can be done without doing
actual violence to its terms. Walcott
VS.. Pond, 10 Conn, 597; New Orleans
VS.. st. Romo, 90 La, 575, A remedial
statute must be so construed as to cor
rect the mischief at which it is aimed.
Its policy, when evident, must be re-
spected and referred. Fox VS.. Stool 10
La, II; Gcx VS.. New Orleans, II l. d.,
154. Remedial statutes are to be so CON
stued if possible, as to suppress the
mischief and advance the remedy. Dev-
en- VS.. Porter Barnes, =, n. }. h., l
Penna., 211; Wilbur VS.. Paine, l Ohio,
25G; Pancoast VS.. Ruilin, |. D., $50;
Loiser VS.. Burgctt, |. d. 4Sl; McCor-
mack VS.. Alexander, 2 !. d. Ga; Frank
lin VS.. Franklin, ] Md, ch. 332. Mr..
Strcctcr settled on said tract before its
withdrawal, but did not file his declara-
tory statement till some months after
that time, and the only point to be con
sidered is whether the words of the
statute is, viz, that "all pre-emption and
homestead entries prior to tie time
when the notice of withdrawal was
received at the local land office"
can be held to include his claim.
There can be no doubt that it was the
intention of congress to afford relief to
all persons who have settled on this,
class of lands after the Cling of tn
maps of definite location, but befc
the notice of withdrawal was receiveCIn,i,r
the local office. The words public la' d.
are here supposed to mean that
lands are public for the purposes {
act, and the words "preemptiop
homesteads entries" in the specia-
in which they are used refer to liza
Elements made in good faith by psSA
possessing the requisite legal qu
tions, with view of entering th
under the provisions Of the preel
homestead laws whenever they Ca
surveyed and come regularly into "a
ket But even if this were not tbs"
tional inference to be drawn from
intent of congress and the languat
used should beconstrained to re-instate
Mr.. Streeter's claim because it comes
within the reason of the rule which
would require me, in the construction Of
the doubtful language in the statute, to
suppress the mischief and advance the
remedy by going even beyond that
which existed in the minds of those who
framed the laws. 1t is no part OF my
duty to pass upon the constitutionality
of this act or to question its validity, as
that is matter coming exclusivelywith-
in the jurisdiction of the courts, and so
long as it remains alaw upon the statute
books it will be my duty rs an executive
officer to see that the letter and spirit
of it are inforced. | therefore hold that
Mr.. Streeter's claim is covered by the
first section of the act above cited, and
upon the payment of the purchase mo-
ney certificate to that effect will issue
in the same manner without further
proof of residence, improvement or cul-
tivation on heland than that made July
10, 1873. Your decision is affirmed for
the reasons herein stated, and the pa
pers transmitted with your letter of
February, 1877, are herewith returned.
Very Respectfully,
CARL SCHURz, Secretary.
To the commissioner of the general
land office.
How Pittsburg Mothers demonstrate
with Their Daughters.
A strange. almost tragical, affair,