The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1879-08-13
Wednesday, Aug. Is, 1879.
THE RESTORED LANDS.


tember is day of considerable interest
70 many of our readers as the date
when the lands heretofore withdraw
for the Northern Pacific Railroad Com
pany will be restored to settlement
and entry. There are several points
concerning which claimants for this
class Of lands should be informed, and
We have been at some pains TO obtain
and lay before our patrons matters
which We think will interest them and
which We believe will be found reliable.
When the grant OF land TO the Northern
Poetic Railroad Company was made,
July 2. 1854. it Was provided that after
the general route shall be fxed, the
old numbered sections for forty miles
90 both sides OF such limo shall not be
liable to sale or entry or pre- emption.
Based upon this provision, when maps
Of the general route were filed. with
drswals Of lands for forty miles on both
aides Of such general route were made.
which Withdrawals were notices to tho
world that all OF the lands withdrawn.
we're from the date Of that withdrawal
excepted from the operation Of the
general laws for disposition Of the pub
lie land. and that no right or privilege
could thenceforth 10 acquired in or to
such lands. Settlers. therefore. who
went upon these withdrawn lands went
AZ trsspassers. unless they settled under
contract to purchase with the railroad
company. The general rule is that acts
OF settlement or improvement done
prior 70 the restoration will not give to
one claimant any right or privilege
over another.
Under tho prescription law the right
Of the settler TO enter relates to the
date Of settlement. provided he fled
his declaratory statement within the
time required1 by law, and made his
proof and entry Is required.
Under the homestead law the right
OF the claimant attaches only At the
date of the allowance Of the entry at
the land Office.
Parties intending to pre.empt, hAv-
ing in mind what is said above o to
trespassing. should be careful in filing
their dsclaratory statements to fix the
date Of settlement on or after Sep.em-
Dor lst. and declaratory statements
must 30 dated on or after that day, or
they may be refused fling on the
ground that they do not show settle
ment at timo when the land is subject
to settlement and entry. Pre-emptors
should also take notice that the law
allows them ninety days for filing where
the land has never been offered at pub
lie sale, all lands surveyed since 1864
have never been offered. and thirty
days where the land has once been
offered within which to file. Priority
OF fling does not secure any preference.
Tho prior settler who is qualified to
pre- empt and who complies with the
requirements Of tho law in good faith,
Is entitled to acquire the title of the
land. Pre-omptors can send their de-
claratory statement by mail with the
foe for fling. 50. and will receive a.
prompt attention Is il they 60 to the
land Office. and they are advised to
take plenty Of time and gst their de.
clar"tory statements made right before
sending thom. Tho law protects the set
tier for tho time sllowed in when TO
tle.
Homestead applicants should take
care that their applications and aiiida.
Wits arc made on or after September
ist. for cay papers executed while the
land s in . state of reservation will be
rejected.