National Republican., 1885-11-28

A leading land lawyer was asked ycstcr-
day by REPUBLICAN reporter about the re-
cent published decision Of Commissioner
Sparks, Of the land Office, in which he holds
that person who has perfected an entry
under the pre-emption laws cannot "com-
mute" to use a technical term, homestead
entry, or, in terms which any one can uu-
derstand, pay for the land embraced in such
entry, instead of acquiring title thereto by a
continuous residence Of five years.
"The pre.emption law now in force" he
said, twas enacted in 1911. The law grant
ing homesteads was passed May 90, 1869,
ana became effective Jan. /, 1903 The pre-
emption law had, as little operation in
satisfaction will demonstrate, been In oper-
alton about twenty-one years when the
homestead act was passed, and 1t is to be
presumed that Congress knew all about 1t.
Stll, when enacting the homestead law, II
does not appear that that body considered
IL the wise and proper thing to exclude
from its benefits persons who had exercised
the right Of pre-emption. The only per-
sons prohibited from acquiring title to lands
under the homestead act are aliens, mar
riod women, and persons under the age of
81 years not heads OF families.
"1he eighth section OF the homestead act
of 1869, re-cnactcd IN section 2,30l of the
Revised Statutes of the United States,
provided that nothing In this chap
ter shall he so construed as to
prevent any person who has awaited
himself of the benefits Of section $3.50
1.-THE section granting the homestead privl-
lege) from paying the minimum price for
the quantity Of land SO entered, at any time
before the expiration Of tho five wears, and
pl,toiuipfrO fofpt,t ttprnfpr fppu1 tlp rrpypru-
ment, as in other cases directed by law on
making proof of settlement and cultivation
rs proposed by law granting presumption
rights.
snow the learned Dogberry Of the gen
crnl land Office says that person who hos
made pro-emption entry may acquire title
10 land under the homestead law by rCsid-
years, but cannot avail himself Of the alter
native provided by later sections of the
sgmC CCt. The object Of the law permitting
tie Communication of homesteads was In all
probability TO provide means whereby n
settler under thc law, who had made valua-
HE improvements upon the land, and was
rendered by reason Of physical disability OF
for other good cause unable TO 90 on and
complete the prescribed term Of residence
and cultivation, might save his Investment
and the value Of his labor, which would be
lost TO him in the case of abandonment OF
upon which he must suffer great sacrifice
should he attempt TO sell them, as he could
give no title to the land, and the purchaser
Of improvements would be making a pre-
cNliCus investment.
as Il reasonable to suppose that the
United States government intended to deny
TO any citizen, after inducing him by fair
promises to initiate an entry, the right TO
pay his way out, when difficulties assaled
him, simply because he had purchased land
under another law? The honorable COM
missioner lugs tue timber culture law
INTO the question for the purpose of
showing that by virtue Of the three
laws mentioned q settler may become q
llo0ted aristocrat and hated mOnopolist,
with title TO $50 acres OF western land, and
attempts to use the fact as a justification of
his own course in constituting an act of
Congress In precisely the manner which the
lawmaking power has said it shall not be
construed. The timber culture law Of to-
day was passed In 1878, about thirty-sevcn
years later than the pre.emption law, and
fifteen years after the homestead act had
been in operation, and has no relation to
either Of those laws.
at is only applicable in sections entirely
devoid Of natural timber, and Congress
seemed to think, and has continued in that
mind, inasmuch as the repeal OF the law has
often been recommended by the land de-
partment, that the government would be
fully compensated for the land given away
by the growth of timber on the treeless
plains Of the west. The law is not of gen.
eral application like the other two, but Ii
restricted in its operation as only one quar-.
ter of any one section can be taken underit
"The decision of the commissioner will
not stand the test of legal right, and will nc
doubt bercvcrsed by the Secretary of the In.
terOrif 1t ever gets before him. In the mean
time It will perhaps, bewcll for the commits
sioner and his very safe (Y) advisers to CEASE
blowing about the wonderful things that
have been, and are just about to be, done ir
the way Of reform during his reign. They
may need the strength being thus expended
with which to catch their breath after q
secretarial cyclone shall have struck them.