National Republican. (Washington City (D.C.)) 1872-1888, 1882-03-07
INTERIOR DEPARTMENT,
\ Objectionable Decision of the General
Innd Omcc. ..H

RuestiOunbie Decision OF ihc Genernl
Land Omcc. ..f
To the Editor Of TIM RErunIcNNi
A sound and wCl-settled construction of the
homestead laws is given on page p Of the "Cr-
culor ofthc General Land ONCE, showing the man.
ner OF proceeding TO obtain title to public lands
under the homestead, timber culture and other
laws, Issued October I, 1ss0"-namely, that "the
laws extending the homestead privileges in Sec
| tons 22s9 70 23l2 OF the Revised statutes
give TO overy citizen, and to those who have de-
clared their intention to become citizens, the right
| to homestead on surveyed lands" BY recent
decision Of tho General Land ONCE in the case
| Of certain applications for homestead entry
upon tract Of funappropriated public lands ofthe
United states lately surveyed in Ohio the settled
construction referred to has been oyerruled, and it
Is, In effect held that the true spirit and purpose
Of homestead and pre-. .emption laws may, rs to
| any public surveyed and unapproprntcd lands
which may be offered for sale by proclamation Of
! the President, or which the Commissioner of the
| General Land once may under section Pass of the
Revised Statutes offer for SALE be entirely dlsre-
| gardod.
THE HOMESTEAD APPLICATIONS REFERRED TO
| were made by certain honorably discharged sol.
diers OF the United states and other citizens but
their applications were not filed until after the
lands were advertised for sale, under section 2i55
by the General Land Office. The General Land
Office held that the advertising Of the land for sale
barred the right of homestead entry on the land
so advertised. Tho claimants of homestead rights
showed by the records of tho General Land Office
and by the advertisement of sale that the
survey OF the lands in question was
not accepted until December :, 1881, and that the
lands were advertised on the 18th day Of that
month as for sale. The claimants maintained
First that where public lands which are not, and
have not been, reserved for any purpose by the
United states, appropriated to any special pur-
pose or object arc surveyed the law cOntomplates
that such lands shall be opcn for n reasonable
time ut least, to homestead and pre- e.cmphon set
tiers second that pro- -omption claims, and hence
also homestead claims, can be madc valid In
tracts Of such lands advertised for sale at any time
before the day Of sale
As FAR BACK N THE HISTORY
of our public land legislation 1897 It was held
by Attorney. General H. F. Butler @ Opins, 27D
that "ono Of the most important points to be oh.
served In the EXECUTION Of the land law Is the
securing to all persons q fair and equal opporlu.
nifty to become purchasers of the public lands
Where lands subject to private entry have
been improperly held therclrom Il is no doubt the
duty Of the proper executive officers, Whenever
SE TSG0T for SSaiSs SSapyns WITH @ the S kS
true design of the prc-cmption laws hence of
the homestead lands alsol says Attorney. General
Gruudy April lS 1889 O. upins. l57), was TO give
pre-. Cmption rights to seitlors upon those lands
not reserved or appropriated for special purposes
which arc subjccito the operation Of the general
ArroRSrY GENERAL LEGARE
grace" (which show the sense Of the country to
bU that rs soon any tlnCt of country Is ready
for sale and occupancy II must be s9ld ana POS,
Opina, 22 he speaks of the presumption laws as
J "acts Of sovereign grace and Of the pre- .emptor
Supreme Court of the United States in the case of
Wilcox vs. Jackson G3 Pet, jl3), takes the like
view OF these laws, nnd regards them as offering
a bounty for the occupation and settlement Of the
| Ii il only such public lands ms have been reserved
! nj ed fnr ia
special public use or purpose and not such as are
offered for sale, that are not open to prc.emp-
tUn settlement 10 was held under
THE EARLY IRE. EMrTGoS LAWS
that pre- .emption could not be made on public
lands until amer they were exposed ut public sale
e Opins Att Cen 200: lb, 7OsD But it was also
I actually made the pre- cmptor could, up to the
day the sale Of the lands in which his quarter
section lay, make payment or lawful tender of
| payment therefor at the minimum rate ofSl25 per
!, acre g Opins, l3S. 2lp The tendency oflNter leg
isatUn has been TO broaden the field for pre- emp
tion and homestead settlers, not to narrow it. All
, public surveyed lands which are unrescrved or
unapproprlated to special or public uses have long
been regarded open to the operation of the pre-
, | Gmptlon and homestead laws, 1t matters not
whore such lands are situated If they are subject
to disposal under the general land laws, they are
" and are Intended by Congress TO be, open to home
4 stead settlement,
p IT Is ONLY UNDER THE GENERAL LAND LAWS
that the President or the Commissioner of the
ii General Land Onice can proclaim such lands fol
/ sale at auction to the highest bidders But surely
II was never intended by Congress that proClama-
: ton Of sale should be made in such manner as
+. to defeat tho beneficial operation of the home.
, stead laws and enable spectators to purchase
of he General Land once in the cases referred tc
is sound in law II opens up wide road for CAPT
tnlsts aud land grabbers to secure valuable tracts
. of land which are primarily intended for ocou-
panoy by honOrably discharged soldiers and Other
o lndu3triou5 persons under the homestead laws,
:, IT Is NOT TO ne rREsCMED
that the President orthe Commissioner of the Gen.
would knowingly DrOCluim
sale any of our public lands If the effect would bC
to bar homestead entries on such lands yet Il
IS such publication of sale Is, in law bar TO home
stead entry and the publication of sale were made
= within eight months after survey, within eigh
r days rs In this case such publication would Ger
, tninly defeat the operation of the homestead ant
d prc.Cmption laws, and IL should unquestOnably
@ the language of Attorney. General b, +
Butler all persons may have y fair a1t
As here is right of appeal 70 the Secretary o
n the Interior lRey stats, ~, 1913 from the dec
# days from receipt by the party or his attorney
" OF the notice of the decision" (crcuar referred Il
above y. 800, It is to be hoped that the homestead
= claimants viii appeal, since not they alone bu
l. a persons interested IN the operations of tn
|. homestead laws are concerned.
t. No DoUm THE HONORABLE SECRETARY WILL ACRE
with Attorney. General Butler in the opinion tina
"wheu lands subject by law to private home
" thcreirom il Is tho duty of tho proper executiv
+ officers whenever they become acquainted will
e the fact. 10 take measures for complying with tn
law" Much Of our present prosperity is due to tn
q homestead and exemption legislation OF Con
gress The Great West is especially interested II
allowing full and unrostraincd operation to tn
homestead laws There can be no doubt tina
II Congress intended to give homestead and pre-
IN cmption rights preference before any othe
~ rights which might be acquired under the genera
W land laws, or that for many years past 1t has nc
b, been the policy OF Congress TO afford oppofunit
y for speculative investment in public lands
t. HOMESTEAD SETTLER,
o suit for Damages.