Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1885-07-17
Important Land Decisions.

the Federal Reporter contains the de-
cision Of Judge Deadly, rendered in the
federal district court Of Oregon on the
first day of this month, which has an
important bearing on the titles Of pre-
empted lands and the power of the gov
eminent Sc revoke such titles. 1t was
held By the court, first, that the certifi-
cate Of purchase issued in due form, in
favor of a pre-emptor, for the land sub
ject to entry under the presumption
law, cannot be Cancelled or set aside by
She land department for alleged fraud
IN obtaining it; but in such case the
government must seek redress in the
courts, where the matter may be heard
and determined according to the law
applicable to the rights of individuals
in like circumstances; and, second, that
4 purchaser ingood faith, and for a val=
liable consideration, from the pre-emp-
Cor Of the land' included in the latter's
certificate Of purchase takes the same
purged CT fraud which might have been
committed in obtaining said certificate.
The history of the case was as fol-
lows: A man by the name Of Webb, in.
August, 1881, settled as a pre.emptor
under the laws of the United States on
and improved a certain tract Of Land in
Oregon and filed in the local land Office
At La Grande his %declaratory statement
therefore that after due publication of
notice thereof Webb made his final
proof Of such settlement and improve
h1ent 20 the satisfaction of the register
and receiver of said office, and paid for
the land at the rate Of $3.50 per acre,
for which he received i certificate "of
purchase and entry Of said land, as by
law required" which was duly recorded
in the county clerks Office. Subse-
quently Webb sold and conveyed the
same land to another party, and the
conveyance was duly recorded. In 1883
another settler by the name of Ewing
entered upon and took possession of
the same tract Of land under claim of a
presumption made in 1879, but which
had been forfeited for wait Of final
proof and paynA;en1t. A contest was or
deredthereon by the commissioner of
the general land office and a hearing
had before Che receiver and register
who %thereupon decided that neither
Webb nor Ewing had complied with
the presumption law in the matter of
residence, cultivation and improve
ment, and recommended "the cancella-
tion Of the filings and entries OF both
parties by the commissioner" Webb
appealed by the commissioner, who af-
irmed the same, and from there took
the case to the secretary of the interior,
where Webb's grantee interviewed for
his rights as purchaser and asked
that q patent of the land be issued to
him. The secretary of the interior de-
naied the application and, affirming the
decision of the commissioner, entered
an order canceling said filings and en-
tries and annulling all rights thereun-
der. Immediately thereafter Ewing
entered the same tract as a homestead
and has since continued to. reside upon
it. The effect cf. the decision Of the
Oregon district court is to confirm the
validity Of the Webb title. In render
ing the decision the court says: "NYhen
certificate of purchase has been IS
sued to a pre-emptor, and no appeal has
been taken from the decision or action
Of the register and receiver, the land
described in the certificate, becomes
the property of. the pre-emptor. He
has the equitable title thereto, and has
right to the legal n as coon. as the
patent can issue in the due. cou1se of
proceeding; and he can dispose of the
same and pass his interest therein as if
the purchase had been made by a pri-
Sate persona In support Of this posi-
zion the court quotes from the United
states supreme, court decision in the
case OF Carroll YersusjSafford, in which
justice Mclean, in delivering the opin-
ion of the court, said. when the land
was purchased and paid for it was NO
longer property OF the Ues:, but Of the
purchaser. ,He,held it for o final GER
t~iticate, which could nc. more lie can
celed by the United StaSes than 81 ,.pat-
ent.".! The Oregon court held that "a
certificate OF purchaseAissued IN due
form in favor OF a%.pre-emptor for land
subject to entry under the presumption
law a not be cancelled or set aside by
the land department for alleged fraud
in obtaining IT" And it was further
held that ;"the right of a party holding
a certificate of purchase of public land
and that Of h%is,grantee il right in and
to property Of: which neither Of them
can or ought. to 'be deprived without
due process Of law"
Secretary Lamar proposes to discon-
,tinue the use Of gold pens in the depart
'ment of the interior Bythis and other
economic methods he proposes to re-
ttnce the s~tationeryrbilf of his depart
1>ent about $1,000 for the fiscal year.