Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1884-01-25
FRAUDULENT ENTRIES OF GOVERNMENT
LAND

in the counties of Western Kansas.
The people of Harper and Sedgewick
counties have for some time been in a
state of uncertainty as to the finale of
this investigation. as much depended
upon the acts of the special agents APP
pointed as well as Of the spies or infor-
mers that each county and neighbor-
hood had furnished, they being the self
guardians for the govern
ment. and anxious 10 satisfy their appe-
titles for revenge for imaginary wrongs,
by playing the part of an informer, and
demanding hush money of
who we've unacquainted with
the law.
The trouble, it seems, is now conferred
in Kingman county, and great excite
ment is being caused by the arrest Of
some of the most prominent families in
that county for alleged violations of the
laws. They are being TAX
EN- to Wichita and either thrown into
Jail or compelled to give heavy bonds
for their appearance at the next term of
the United States district court at
Wichita.
These cases have been a great source
of annoyance in the farming sections of
this country, as many poor men, in or
der 10 acquire home, must sell to some
one one-half of the leo acres allowed
them by the government as pre-emp-
ton right, before they can pay the
money for the land. and this is a viola
ton of the presumption law They are
required TO reside upon the land contin-
ujusly for six months, previous to rsak-
ing their proof, and are required 10
make certain improvements. in the way
OF houses, wells, etc, which, if the let
ter and spirit Of the law is strictly ad-
heared TO, would actually cost more
money than many poor persons have,
and the improvements would be more
substantial and comfortable than many
a resident Of south western Kansas who
has long since used his pre-emption
right and has patent TO the land he
ives on, has.
The law reg Tires that the preemptor
shall cultivate certain number of acres
before he can make the final proof of
his claim. and this has been impossible
in many instances in the summer sea-
son, much less the winter season when
it is impossible to plow at all. One can
see ut a glance the many excuses for
recommending the cancellation of en-
tries of government land by persons of
designing disposition.
The agents have doubtless taken a
very liberal view Of the case, and only
what seemed to them TO be fragrant VIC
latiOns of the law have been reported
for prosecution or cancellation.
1t is our opinion that three-fourths
of the land pre-empted in this county
during the past two years has, in some
particular, been done in violation of
the pre-emption law, not Intentional,
but from the many different rulings of
the land department, or acts of congress,
of which persons were igHorant. Dur
ing Schurz's administration as secreta-
~ of the interior, he gave it as his OPP
iniOn that where persons were acquiring
land with the intention of using it for
grazing or dairy purposes, it was not
necessary to make an attempt at agri-
cure. Then again, under Secretary Tel
Ter, occupancy of only few days, and
without publishing their intention to
prove up on the land was sufficient. and
persons might pre-empt and get pat
ent. But the rulings or laws have been
repealed, and the process has become so
tedious and complicated that it is al
most impossible to tell just who has
not, in some way, violated the pre-emp-
ton law in making his proof.
In our opinion, it is not the intention
of the government to prosecute or can
eel the entries Of persons who have in
good faith entered upon and pre-empted
land under the laws governing public
lands; yet many have, in our opinion,
either ignorantly or by the many cir
cumstances over which they had 10 con-
troll, violated some provision of the law
and if tried by United States court.
which makes no allowance for ignOr-
ance of law or the circumstances under
which the violation was committed.
conviction would follow and the settlers
would lose their land and be subjected
to heavy penalties.
We find from the records of this eoun-
ty some $4,000 of taxable property as
sessed, Of which on about 500 coo is
real estate. 1t has taken fifteen years
for the people to acquire title to this
land, which Is now in a majority of cases
liable to be cancelled as fraudulently en-
tered, for a noncompliance with the let
lerand spirit of the. law. But the peo-
pie ask what has brought about this
state Of affairs, and where is the rem
edy ?
There is q disposition, as we have
said, upon the part of few dog-in-the-
manager citizens, who have already used
their right TO enter government land.
and are now jealous of Others who wish
to secure attic tol60 acres to act the part
of infonners secretly against their
neigh5ors to do them an injury, and to
fitch from unsuspecting persons hush
money, to prevent prosecutions arising
from the information they might give
the inspector. II is fortunate for Bar
Der county that she has but a few of this
class Of individuals, As the fewer the