New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-11-12
THE PUBLIC DOMAIN.
WHAT A LAND OFFICE AGENT FOUND.
PETTY FRAUDs-PERJURY CoMMoN-BAD LEGAs
ADVICE-DEFECTIyE LAWS.
IBY TELEGRAPH TO THE TRrBUSE.l

ford of the General Land Office who has been duty
In the Bismarck Land District, in Dakota since March,
has given to TRIBUNE correspondent some interesting
information. Tho Bismarck district comprises an area
about large the State OF Pennsylvania. Mr. Bick-
ford spent six months travelling over this broad
territory, observing the processes Of settlement Mr.
Bckford said: surprised at the great number OK
petty frauds and irregularities and the amount OF loose
swearing by claimants and their attorneys The days
OF large frauds by andrings passing away. stiil
probably one-ha the public lands disposed Of IN any ono
year are irreularly taken. The lands thus obtained
eventually fall into the hands OF actual setters but
they arc obliged to pay sweat money In order to get
them and this puts the poor man at disadvantage and
retards settlement"
win You relate some incidents that fell under your OBJ
servationp
NV Arst experience was a surprise to went out
with man who was seeking to locate some caimsrn
n certain township. had with me copy or the town.
ship plat according to which the township contained
about twelve actual settlers under the Preenpton ana
Homestead laws. found that there not single
habitabe house IN the entire township, and there was
only one inhabant. He was living in a, tent and as 1
afterward learned, he holding for another man tho
claim upon which found him. The Presumption and
Homestead require actual residence the building OF
house, ETC., conditions precedent TO obtaining utie
LEGAL CONDITIONS NOT MET.
found almost everywhere surprising laxity in meet
ing conditions required of settlers and this seemed TO
be largely due to nisnformatiOn and bad advice nom
attorneys So little regard paid TO the legal require
ments that I'm my belief large proportion Of the town.
ship in the Bismarck district which, according 10 tho
Land Office pats fully settled but where the lands
have not passed out of first hands have on the average,
not exceeding fifteen actual settlers each This remark
applies to townships within railroad limits. have found
township in Which all the available land had been taken
and where all the claims or nearly al, were from SIX
months 10 two years Old and thus subject 10 cancea-
ton for non-residence, in which there were only four
inhabitablc houses. That was an extreme case"
How much land may an actual settler acquIe.P
"Three quarter sections-4s0 acres. poor man viii
90 in and take 100 under the Presumption law.
After holding t six months and breaking five orten
acres he will take tree claim for lG0 acres more and
mortgage his preemptOn claim in order TO raise money
enough to prove up and pay for It, Then he will taks
another 60 under the Homestead law and when he
has got through, perhaps twenty-five 10 thry acres OF
the whole 480 acres may have been touched V the plough
In other words sixteen may thus get control or all
the available land In township; other men are Eept ons
and the township remains virtually wilderness until
men come in who arc able to buy on the Original Set
ters," g.. .. .uoou,. .r, .,,o.o-,,onoor..,,
They OF all sorts, mechanics professional men,
barkeepers etc. most OF whom live IN neghborng towns
and have no idea OF ever living on their claims"
PERJURY ALMOST UNIVERSAL.
"Is there much false swearing as 20 residence!"
ayes; in places perjury lis almost universal.
After six months continuous residence man may
prove up pre-emption claim and obtain title upon
payment of S400f the land is within railroad limits
aldayts of two other persons In June took from tho
books of Bismarck Land Office record or thirty
claims, upon which final proofs were TO be immedi-
atey fled each claimant being prepared with two Wit
to that he had lived on his claim contnu-
ously during the precedingsx months had no parte-
uar reason suspect that such was not the case but
found recOect, not more than ten habtaDle houses
on tge Wst eptiTs nas th5PiysifRP t5a Tyc,afP claims
"Why, twenty-five OF the claimants squarely backed
down as soon as they found that Government asent
had their claims and noted their condition as TO set
Element Of the claims rejected by the local
land officer and not OF the claimants appeaed 70 mo
Commissioner, although all Of them knew they had
shf ad Tee E go were o s Gy when Gt lett %
exceptional ease; although likelconditon Of affairs
single visit of the special agent to any locality su
cient effect radical refOrn at least for the time be-
spOnsibe Some have ucted claimants that monthly
or semi-monthy visit to their claims sufficient 20
commonly given by the attorneys"
DETECTS OF THE TIMBER CULTURE ACT.
'TWhat Of the Timber Culture actl"
Ican see not one redeeming feature In that law Resi-
dence Is not required and compliance with its terms Is
cbeap and easy II there Is fraud It is generally in the
intention of the claimant his attorney and 50 difficult
10 proye have seen vast number Of tree claims and
do not think saw dozen that gave promise of
success Trees will grow in Dakoathey do grow on tho
bottoms and in raynes where prairie fires cannot destroy
them But to raise them requires care and good cult
yaton for series years. and these things the law does
not and cannot secure. What does a drummer from
Chicago or NewYOrk or the casual summer tourist
from te East care about culture In Dakotai fetby
dlnr declaration and paying $l4 he get possession
of 80 acres OF land; and by small yearly expenditure
lac can retain possession for three or four years trees or
nO'trees Meantime surrounding lands are occupied
farms opened and lie can sell his tree claim IOr zen
times what it cost him Before advent & Oh IhS spgS p
agents tree claim reinquishments were Cpeny adSer
tiscd aud sold by real estate agents Many OF tnese
is fled which may be donei through an agent Men
have been hired lend their names Tor isnch decaIa-
tons and the OF young children have been used
henedts were confined 10 bona hdo residents OF tho
district OF county in which the lands are situated
HOMESTEAD AND PRE-EMPTIoN LAWS.
"How about the Homestead and Presumption lawspI
" think either one good enough by ITSELF but they
arc inconsistent with each other Each enacted In
the belief that its easy conditions would encourage and
promote bona fde settlement OF public 7nd, But
so long as human nature remains 1t is, man will
get all the land he can lie takes pre-empton claim,
notwith the idea of making his pegmaneuthome but TO
get tclto tho land easily and quickly as possible The
Homestead law offers him premium to abandon IL as
soon as that done. II Congress intends that man
shall have $50 acres OF lana ne ought 10 pe ac 70 ses
II i'm one plot that he will be encouraged 10 mako
good improvements and develop Ills iarm as soon as
How do the people Of the Territory regard the new
system OF inspection by special agcntsll' ~ .
Tie honest settlers are glad IL has been established
They beln0an the constant e,asons or the law which
throw adjoining lands into the hands or non resident
specuatOrs hinder settlement ana retar, the develop
ment OF the country me pos nde se.er wants na c9
veniences civilization, which he cannot have II all tho
lands In township are held by score Of individuals,
half OF whom are non-residents Land sharks, many
lawyers and SpecuatOrs generally do not IKE tle new
system. suppose that In the Bismarck Lana Disrlet
there about many lawyers as there are real Ia-
change taking place IN public sentiment tnele,
however, and the people generally have begun TO eco
that what they need Is farmers,
THE COURT OF CLAIMS VACANCY
fry TELEGRAPH IRIBUNE.I