The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1880-11-23

duluutt0x mcS0Aiooss 1~srs ~ ~ss~H$ -
ceeds or falls below that amount. II
10 still, however, the technical legal
ousstsr section. defined by Law and
sscertained by omeisl survey.
A Homestead settler has Che right to
enter either 100 acres in legal subdi-
vision lying contiguous b. each other
without refsfence 10 the quarter
secsion lines. or he bss right 10 On:
ter Q technical quarter section as
such, in which case he can take che
amount of land contained therein 90
shown BY the oftscisl survey. as in the
case ID question.
The words . quarter section Of land
sfe revef used 10 any OF the acts OF
Congress to denote merely the GUAM
tisa. of acres Of land.
DyPARTnEnT on THE INTERIOR,
gie .WAsHISoToN. Aug %, 1880
SIR: have considered the appeal OF
Peder Olsen Aanrud from y.ur decis-
ion OF January II, 1880. suspending
his homestead entry No. &6o for lots ]
and Of the SW 2. of section o TVS,
Roo, Yankton District, Dakota.
The records Of your ofiice show that
Aanrud made said entry November "a.
1873, under the provisions Of the act Of
Congress approved May 20. 1852; th.t
on April Q. 1879, BIO made his final
proof; that said tract coutains 1871
acres OF land; that he paid tor 1871
in excess of the 100 acres. and that by
your decision. you suspended his entry
'for the reason that the area 10 greater
than 10 allowed ia any one entry. and
allowed him 60 days from notice within
which to elect to have the excesssover
100 acres Cancelled.
In this, / think, you erred. because
under the provisions Of said act quail
flied homesteader 10 entitled 10 enter
'one quarter section or o less quantity
Of una appropriated public lands. (section
22S9 Il 81; and under section 2290 no
person shall DO permitted 10 acquire
title to more than one quarter section
under the provisions OF this chapter
The term quarter section. in section
229S X 5 cited above, is technical one
used to designate q certain legal sub
division of the public land ssoertained
by official survey under the laws OF
Congress (act Of February IL. 1905. 2
Stats, 3l3). 1t may and generally
does contain Just 100 acres OF land, but
through the unav oidable insceuracy Of
surveys ia adjusting merchants. ttc.. it
often exceeds or falls below that
amount. II 10 still. however. tae tech.
meal legal quarter section defined by
Law and ascsrtained by official sur vey.
(Copp's Public Land Laws. p 3i0.)
Under said act . homestead settler
has the right to enter either 100 acres
in legal subdivision lying contiguous to
each other without reference 10 the
quartc. section lines. or be has the
right TO enter o technical quarter sec
ton ~ such, 10 which case he can take
the amount Of land contained therein
~ shown BY the official survey. ~ in
tho case In question In entering .
quarter section, hs cannot. Of course.
depart from the ascer.ained lines, but
mast take leo acres. more or less, as the
case Vay be,
The words D quarter section Of land
are, ] believe, never used In any of the
acts Of Congress to denote merely the
quantity Of 100 acres Of land. but are
always intended to describe parcel OF
land, containing 100 acrss, which has
been set apart and designated by the
proper officer OK the governments % q
quarter section, according TO the act Of
Congress prescribing the mode Of SUR
veying and dividing the public iands. y
(Opin,ons Of Attorneys General, 2, y
57S)
According to the principles stated In
opinions heretofore given N this Office,
locations OF sections, aud Of half or
quarter sections. are 10 be made by taxi.
ing whole sections. or half or quarsez
sections, % the case may be, without
brcsking up the legal divisions or die
turbing the sectional lines.' (Opinions
OF Attorneys General. s. p 49,
After . careful examination OF the
homestead statutes In the light Ut The
opinion cited. an Of the opinion that
in your decision In question. you znis-
. ,nstrued tho intndsment OF the Law
governing this case.
The trAot In questioa 10 bounded by
regular sectional aud quarter sectional
lines, and the case 10 wholly distin.
guishable from IN entry Of leo acsea
a. nearly - may be, composed Of frac
tional lots bounded by irregular lines.
as in case Of entry along creeks and
lakes. or from an entry embracing small
Subdivisions OF different quarter sec
tions.
In such case an applicant may elect
between any Of the fractional sabdivis.
ions. aud approximate his entry 10 I6o
scres. without forfsSting any right; bat
had Aanrod left out either Que Of the
lots his entry would have been for COO.
siderably less than leo acres; while, by
including them ell. lis eatry was in
accordance with the surveyors rstarns
embracing . technical quarter section.
and having complied with the require
nents Of Law. he is entitled 70 . patent.
Your decision. rendered after fasl
proof Of compliance, ~ aforesaid. by
substantial improvement and ssven
years continuous residence on said
tract; aud upon application for Q patent
shersfore. was in error. and the same 10
accordingly reversed.
The papers transmitted Nth your
letter Of Nay Z. 1880. are herewith re,
turned.
Very respectfully.
A. BELL, Acting Secretary.
The Commissioners Of the General Land
Cfice.