The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1884-10-05
THE. PUBLIC DOMAIN.
Confused Rulings in the Land
Departments.
EFFECTS OF CONSTANT CHANGE.
no variety OF Rulings and Officials
Ga the Branch OF Government
Interesting to All.

rnring the last fifteen years, the his
torv Of the land Office in this city shows
great variety Of rulings and decisions
connected with our land claims. But
Notwithstanding the more frequent
changes in the official list here than IN
the department at Washington, the
variety has not been so complex ana
antagonistic as in the General Land
Office. at the seat Of government.
Here we have had for registers, Glenn
e,ts Maxwell, Patton, Lewis, Mel, and
the present incumbent, Mr. McMaster.
For receivers, Hills, Overton, Silva, and
Bsue who still holds that position. This
certainly covers a sufficient variety,
through whose official hands the numer-
ous cases in our Territory have passed
in their PERCEPTIONS journey toward legal
nerfection. It would not be surprising
10 hear that different and even incon-
sistent or contradictory opinions had
been rendered by the successive officers
in this catalogue. But to learn that in
the General Land Office, and III some
cases before the Secretary of the Interior
himself, such inconsistencies have
occurred Is surprising not only to the
parties interested but TO even the attor-
neys In the various cases before the &c
p2rtment.
In conversation with Judge Stayner,
OF the Arm of Stayner d Simmons, who
a z
variety of such cases both here and at
Washington as any firm in the business,
We were surprised to learn that there is
always a great uncertainty as to the final
issue of any given case before the de-
partment.
I'm homestead cases, for instance"
said be, sometimes an entryman has
done his best, andin every respect shown
GOOD faith in trying to fill the require
ments of the land, but sickness to him
sell or IN his family has, prevented as
. full 4 compliance with the law as should
be shown. when the decision viii strike
us al dumb by a techinal ruling that,
not having filed the land, the claimants
entry Is held for cancellation By the
commissioner Then, based on this rul-
ing. 4 case viii be Instituted against
some party who has glaringly failed to
fu.fiil the law in any particular, but al
the hearing, he shows perhaps that ne
had no team, or that he was poor and
had TO work for his living away from
the vicinity of the land, and here comes
decision OF the commissioner that the
entry mustStand, owing to the indigency
of the entTyman. This is sometimes
quite an injustice to the contestant, who
has expended money for counsel fees
and costs OF taking testimony, suppos-
ing the decision would bear him out.
Still our sympathy Is always with the !
struggling settler, and we are willing TO |
take an adverse decision OF this kind |
once in 2 while, in order to secure, If |
possible, greater immunity fc- our poor
er clients.
Are there any other classes OF entries |
affected by there contradictory rul- |
ings ~ asked the reporter.
Mr.. S. - " Yes; lately we have had |
ruling that desert entries (which had |
previously been considered a separate |
class In the matter OF cancellatiOnD are !
now claSSed with homesteads, pre-
empions and timber culture entries in
this regard. So that although for years
we have had to watch for the arrival OF
cancellations here, before we could
make entry upon such lands, now, If
TINS new ruling OF the Acting Secretary,
= put into effect, we can make entry
immediately on filing a REIMBURSEMENT
o. the desert claim, and If a complaint
ID contest be flied, and a fee OF St.o0 de-
posted We can get notice of the cancel
latIon when it arrives at the local Land
ggfilce, and thirty days time in which to
lie our claim. This IS likely 10 subYert
The entire practice As ragards such cases.
And what makes this ruling the more
Singular Is that the conclusion seems
q have been reached without any |,
iolndation nlaw. n fact. we had often
regretted that these desert entries were
not included IN the act providing for this
method o. cancellation and notice We
are pleased at the railing but still it sur
AeP s? How is itnow with regard
70 incian hOmestead5?"
mr: The Indians are we'll pro-
Sected II will not pay 10 contest their
tt3aIreS, as The slightest eFidence.cf set
ueLHent by IN Indian. precludes 4 white
m4n rom entering their lands. and F,
registers are 50 instructed" l.