Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-11-19

United States cru DO acquired until oil tho
p,e requisites for the scquisitios Of tho tito.
have been complied Win But under tho
general laws, parties msy. M against each
other. ACQUIRE n right To be preferred In tho
purchase, or other acquisition ot tue public
land, when the United States have deter
mined To sell or donate the property. 10 oil
such cases, the first IN tlme In the CON-
Mencement Of proceedings for The sequist'
ton OF the title, when tho same are regular.
~ followed up, is deemed 10 he the first 10
right.
In re.es,ablishing this portion Of the TT
Randall military reservation, congress wa
disposed to DIAL equitably with these few
settlers; ami instead Of driving them on,
with u loss III all their privileges az settlers
DESTROYS Of acquiring title in the future, it
enacted that they might remain, il they
should 40 choose. aud gain title in the re-
cognized modes. and such modes this defen.
dant must show he has pursued.
Again, at the date of this act Of congress,
May Is, 1874, the lands in question had
never been surveyed. They were first sur
veyed in June, 1875, and after the date Of
the proclamation of President Grant, declar.
ing this portion OF the military reservation
to be Indian country, the sub divisions we're
not surveyed until July. 1875.
The homestead law applies to LAM sur
veyed and laid out in legal subdivisions.
The person applying, and about to make
entry, must make Il certain affidavit "a pre-
scribed in sec. 2290 of revised statutes Of the
United States. This entry must be made for
the purpose of actual settlement and cult.
walton, and no certificate shall be given, or
patent issued therefor, until the expiration
Of five years from the date Of such first en-
try, and the proof must be that the claimant
has resided upon and cultivated the land
for the term of five years Immediately suc-
ceeding the time of filing the affidavit Of
entry. But by paying the minimum price,
the claimant may ut any time before the ex.
piration Of the five years, obtain his patent,
on making proof Of settlement and culliva-
tion, as provided by the law granting pre-
emptioa rights.
Now, what is the evidence Of the defen
dant. as to his claim, with respect to these
points? He sets up an alleged title against
the United States, and asserts it as against
the order, or proclamation Of the president
of May ~. 1875. He denies the power Of
the president to include his occupancy and
improvements, or actual settlement, within
the boundaries of the reservation created by
the last named proclamation.
In regard to settlements which are author.
lied upon unsurveyed lands, the (preemp-
tion) claimant is required to file q declara.
tory statement within three months from the
date OF the receipt at the district land office
OF the approved plat OF the township en-.
bracing such %pre-emption settlement. Thus
settlements may be made upon agricultural
public lands, prior to the survey thereof.
AS a question Of Law, the president had
power to declare this Indian country, and a,
a matter Of law l 80 charge you, and tn 1t it
is Indian country.
Before the prosecution closed its case, the
second count in the indictment was dismissed
BY the United States attorney and it i.
therefore Withdrawn from your considers
ton.
And the facts of the introduction and even
sales of s%pirituous liquors in the place speci'
fed, being not only shown in evidence but
also openly admitted in court by the defen'
dant and his counsel, the only remaining
question for consideration is as to the locus
in quo being Indian country.
PLTEa C.SHANNoN, Judge.
Nov. II, 1879.