Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-02-20
PUBLIC LANDS.
a 1ill witch 10 Designed 70 AFFORD Set.
tiers Keller fteM b hardsAips which
Ex1et UaAeR d Psessue Laws.

reported favOrsbly . bill which i. derigned
to AFFORD to ecttlers On the public lands
great relief from hardships which have
grown up BY construction Of the present
laws in the executive department..
Under the present Law the right Of a pre-.
emptor on the public land attaches from
Che date Of settlement, but the right of q
settler under the homestead Law only from
the date Of entry. The entry under the
presumption laws is the FINAL proceeding,
while the entry under the homestead laws
u the preliminary proceeding, which being
followed BY Eve years residence and i'm.
pfovement, and final proof If same, then.
Iehe right to q patent vests.
An entry uoder homestead laws caDnot.
be made until after survey. because before
survey NO certain description ut tine land
can be given. but the pre- .emntor who set.
ties before the survey 10 allowed three
months after survey to file his decleratnry
statement (Which IL put on record)a that be
Intends TO enter the tract described under
the presumption laws. having settled on
the same as given date, and his right relates
back to that date. to the exclusion of any
other settlers or railroad or any other
grants.
There 10 no reason why the right OF the
homestesd settler should not relate back by
bis alleging the date of his settlement 10
bic homestead TN lavit; and the fact thai,
: settler now before survey hiss no option,
but must claim under he pre-. exemption law
In order to cut eff intervening settlers vi
grants, Is sufficient reason why 1t should re.
late back. far many settlers have already
used their pre-emption right. anh are now.
although 10 possession Of valuable improve.
ments. entirely at the mercy If intervening
pre-emptors or railroad grants.
There can be no doubt that he fr.t settler,
whether he claims as a pre-emptor or. as a
homesteader, ahonld have the land, but the
present Law doe, not give it to him.
II is now held BY the secretary Of the
interior that no rights can attach under any
law Of the public land system to lands which
have been entered under the homestead law,
- long a the entry exists, and although q
person may find . tract Of land which has
been abandoned By the person who home
steaded it, and may institute a contest at
great expense to himself, as he has to pay
the expenses of . hearing, and prove the
fact Of the abandonment, or although he
may procure the relinqniehmen. Of the
homesteader, yet it gives him no preference
right of entry when the existing entry ia
cancelled, and If he has settled upon the land
it is called BY the secretary the settlement
Of q trespas.er. and can give him no rights
The land is given to the first settler under
the pre-emption Law, or to the first appli-
can't under the homestead or timber.cuiture
laws after the cancellation is noted on the
records of the local Office.
The present practice of the department of
the interior as to cancellation of homestead
or timber culture entries in case of relin.
quishment BY the party who entered, is first
By filing the REIMBURSEMENT, indorsed on the
back Of the receipt given by him at the time
of the entry in the local land office, and it ia
for BY that Office to the general land
office, where, after it is reached 'in the reg
ular order of business" (which may be after
the lapse of a year,, a letter is written to
the local officers canceling the entry, and
when this letter reaches the local Office. and
il noted on the records there, the entry ia
cancelled. and on the instant of that nota.
ton the tract is again open to entry or pre-
emption claim. The cancellation on these
accomplishments is always made as matter
Of coerse, and it is a roundabout wa of do
ing . thing which may be as we'll done at
once By the local officers, and the fact of the
cancellation reported to the general land
Office in the same way that the original en-
try was reported.
These ACCOMPLISHMENTS are nearly ALWAYS
made ~ the results of the purchase of the
improvements by some person who is look.
ing for . homestead. and If the cancellation
were Immediately noted, he, by reason of
his being . party in the matter, would be
able to enter before any. one else, but 90
long % cancellations 10 such cases are made
% above, he has nc advantage by reason Of
such purchase, for 10 the interval it becomes
widely known in the neighborhood and at
the land office that the claim to thst tract
has been r%eIinquished, and ll tie Jumpers"
Ind speculators Of both localities are imme.
diately on the watch 10 ascertain in advance
Of every one else the moment of the can
collation.. This desire is no small source
Of corruption 10 the local land Offices. and
reporting cancellations BY telegraph. 10 ad-
rance of notice to local land Offices. which
goes by mail. forms . considerable part of
he business Of some land attorneys 10 this
The committee recommend the passage
The bill With q verbal amendment.
Il