The Wichita city eagle. [volume] (Wichita, Kan.) 1872-1883, 1882-12-21
An OPEN LETTER PR0Ii THR O0mMIss-
ONER.--SUSPENDIlh ENTRIES.
DEPARTMENT OF TEE ISrERroR,

GENERAL LA,n, OFFICE,
WASHINGTON, ID. T., Dec. 10, 1882.
r. II. LOCKWOOD, ESQ.,. Loan and Insur.
ance Agent, Anthony, Kensas.
SIR ] am in receipt Of your letter Of the
9Th, inst, calling attention to my order sus-
pending all cash entries L lie by single men
and women in Harper cgtnty, and other
counties in Kansas, siuce Jine %, 1881. You
state that as claimants are tnly allowed one
yeer In which to ''prove up this action will
be great hardship. especially as ''they have
borrowed money, not only o pre-empt their
lands in the time allowe,i them lone year,
but to improve their farms, and keep their
families in many instances from starving"
II is evident that you M 81 pprehended the
provisions Of the law go, "a ming the disposal
Of the Usage Trust and diminished Reserve
lands Of which Harper county, Kansas, is a
part. The law provides AT. May. %, $780,
that the claimant may hive four years In
which to pay for his ,,nd, by paying one
fourth OF the purchase m oney when final
proof is made, and tile remaining three
fourths In annual installrr eiits, or he may at
his option pay all tbs money Mt the time
proof is made. 1t is difficult to determine
to whom you refer in your statement, "Haye
TO borrow money to keeI tlleir families from
starving" as my order dues not effect pre-
emptors, who arc the he ids of families, and
said statement is not applicable to single
men and women.
The rights Of unmarrit q Dre-emptors, who
have in good faith Sc tied, improved and
resided upon the land en- tered by them, are
not injuriously affected )y my said order
Ii is not the purpose OF the law to recognize
and approve fraudulent and illegal entries
Of the public lands, in tie interest Of Mort
gagees thereof, nor Vel,iees before patent
.ues.
Under the laws of the United States this
Oh, My recognizes Receivers receipt
as owing the paymea IF given sum Of
money as the purchase price of a specific
trac..
z his Office is in po ss,ion Of evidence
showing that great numbers of fraudulent
and illegal entries OF Os.ge lands have been
made and are still being made 1t is my
duty TO prevent and guard against the max
ing OF such entries, and all entries so made
will, if the facts watrnt, be cancelled and
the guilty parties prosecuted.
The essence of the ION ,ract between the
individual and the government under the
law is, settlement, inha nits ncy aud improy-
ment of the tract ent red. These acts de-
note the requisite good faith, and If want
ing the entry is fraudulent and Illegal.
parties who purchase CT pre-emptors be-
fore patent cannot mali1iSi the position Of
innocent purchasers as they purchase only
an equity. The doctri ~ Of bona .fde pur-
chases of apre-emptor before patent; such
purchaser must abide by the disposition of
the cases made by this department" A
Mortgages rights are not superior TO those
of purchaser. With ref renee to fraudu
lent and Illegal entries thu Supreme Court
of the United States, iii tn case of Stoddard
VS.. Chambers Hows ID, L. 3is, says: "No
title can be held vtid which has been
acquired against law. F-aud vitiates all
transactions. The parties making such en-
tries had no valid clsim TO the lands their
proofs Of settlement, erection of dwelling
houses, inhabitaney and improvement, and
their own presumption aft iavits were false
and fraudulent, therefore the purchasers
and mortgagees) can acquire nothing
do not concur with yor in the opinion
that the cancellation of these fraudulent
entries, sis something nat would drive
every new settler in 6 God faith on govern
ment land, from all these new counties, or
that capital will seek Investment else
where"-other things beir z equal.
ON the contrary the protection of the
public lands from fraudulent and illegal en-
try, is n guarantee TO The b'sd fde settler that
he will be enabled ii he lie sires. to exercise
the privilege of entry under the law, and
that a compliance with its provisions in
good faith viii give him home. l have yet
to learn that compliance with the law by
the settler, ever made cap talists feel unsafe,
and thereby induce the N to seek invest
ments elsewhere, where he law was not
complied with. Very respectfully,
y .. MCFARLAND,
Commissioner.