Morris tribune., 1880-07-29
LAND NOTES.
Northern Tier.

NOItneTn Tier.
Following is Il synopsis of decisions OF
the Supreme Court and commissioners of
the general land Office at Washington, fur
nished the Wahpeton Gazette hy Nj. q.
futile, of st Paul. The decisions have de-
feated the right of jumpers to take land of
the United States that has been improved
by others:
The court holds that no other settler can
do anything to acquire presumption so
long as the delinquent party occupies and
improves the land, and therefore the tract
cannot be conveyed to the next settler in
the order of time, as provided for, so long
as the first settler looses to occupy it with
improvements thereon. In the Atherton
Fowler case the court held that the right
to make settlement was to be exercised
on unsettled land, to make Improvements
on uRimpr0Ded land. TO erect dwelling
house did not mean to seize some other
mans dwelling, 1t had reference to vacant
land; to unlmproved land. And again in
the Hosme Wallace case the court declared
that no act pertaining to the inception of
pre- emptioa rights CAN be done on land
when it is occupied and used by others.
The supreme court of the United States in
the recent case of Atherton VS.. Fowler,
9th Otto, 513, and Hosmer VS.. Wallace,
18th Otto 575, has defined the stratus of
tract of the public lands which is subject
to presumption entry. 1t must be unim-
proved land, not in the adverse possession
of another.
The principle laid down by the court in
these decisions seems to recognize right
of occupancy of hepublic lands as against
seeking to enjoy the benefits of the pre-.
emption laws in the ways therein provided,
without restriction as to the person or the
area occupied. A person, though not pos
sessing the qualifications prescribed in the
preemption laws, minor or foreigner,
making the necessary improvement, and
there is no power to restrain or Gust him,
save the executive to bring the land into
market under existing laws, or the legisa-
tive power to make some other disposal of
| the same.
The improvement in one of these cases
decided by the United States supreme
court began as early as 1856, and had been
continued for six years, when it was jump
ed, and it contained larger tract than the
| improver could take under both the home
stead and the presumption laws, if he had
exhausted both these rights lat that time
there was no tree culture law) the improv-
er had never filed on any portion of the
tract, and the ninety days for him to file
on any portion of it and have the filing de-
lare back to the date of the commencement
of his his improvement had expired, when
intruders entered upon it peaceably,, built
shanties, commenced residence, and went
to the local land office and rendered the
proper application in writing to enter the
part of the land which they had sette.ed
with the regular Fec, and litigatcd theil
cases through the land and interior depart
ments and then through the courts. until
after lapse of sixteen years the matter
reached a final decision in the United
States supreme court, resulting in the com
plete defeat of the jumper.
The report of the commissioners, in ad
dition to the above, also sets forth. thai
land, improved, whether held or improved
by minor, or others, cannot be filed upor
under the tree claim or homestead laws.
The case of Lyon VS. Stevens, decided
by the interior department, on the 9th Of
September last, is to be found in the --latest
land office reports, on page "a. The sylla
bus is as follows: Land improved and il
the possession of one person is not subject
to the settlement of another claiming un
der the presumption law, and it is not nee
essary to assume that such occupation is
valid, as against the government