The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1885-11-25
NATIONAL AFFAIRS.
Ne Holds That the Homestead Law Was
Intended Only for settlers of Limited
Means Report of the Commits
sioner OF Internal Revenue.


WASHINGTON, Nov. -. = Commissioner
Sparks has recently made asruling which is
probably destined 10 have an important in
fuence upon the course of transactions in
public lands He has decided, in substance,
that the communication of homestead is in Ell
feet and in law a turning of the entry into
pre-emptiOn, and as such is illegal when the
claimant has previously had the ben
eft of the pre-emptiOn law. Since the
passage of the homestead law it
8 has become the almost universal practice
for settlers 10 take claims under both this
and the pre-emption act 1t has been Gus
tomary to take up the pre-emptiOn and stree
claim at once, and after the lapse of the
shortest necessary interval 10 mortgage the
former for enough to pay the Government
price of it, when, having secured title, the
settler was at liberty to move away and take
the benefit Of the homestead law. This rul
ing of the commissioner Is calculated to
put end TO this practice. IL leaves the
settler the right to secure eithera pre-emp-
ton or a homestead in addition to his "tree
claim" and as far as the ruling itself goes,
leaves him the right TO secure pFe-emptiOn
claim in tie usual way, and then secure
homestead by living upon the land for five
years.
a
ruling to the effect that no person is entitled
TO the benefits of both the pre-emption and
the homestead laws This IS incorrect No
such ruling has been made. There is reason
to believe, however that when this question
comes before him IN a way TO demand
formal ruling, he Will hold that in the pas
sage OF the homestead law Congress intended
only 10 give choice to settlers of limited
means by affording them method of OBJ
tanning land without other outlay than the
payment of the customary fees in place
OF purchasing under the pre-emption
aaws. Such ruling, he says, would be
IN concurrence with the views which have
INSPIRED the movement in Congress TO repeal
the pre-emption law outright. and should
the timber-culture law be repealed, would
have the effect of restricting the area OF land
open for settlement General sparks holds
that the two laws-the homestead and the
Pre-emption-standing together and inter
preted as they have heretofore been, offer
temptation to frand, and place a premium
IpOn IT, The hope Of securing second
claim is held out by the Government as
an inducement 10 make the settlement
and improvement upon the first Gen
eral Sparks holds that if Congress
designed to give the same settler the benefit
of both laws, il would not have imposed
upon him the requirements to establish a
temporary home in one place only, 10 be
abaEldoned for another within a few months
never be made, that already made prohibit
ing Communication Of homestead claims by
persons who have previously been pre-
emptoes will still, he believes, have an im-
pOrtant result in preventing speculation in
claims. The object to live five years upon a
claim is test of good faith, TO which only
actual farmers who desire the land for their
own cultiTation will care TO submit.
REPORT 60 THE COMMISSIONER OF INTERNAL
REvENtE.
The annual report Of the Commissioner Of
Internal Revenue shows tnat the total re-
ceipts from internal revenue taxation for the
fiscal year ended June 80, 1885. were S1l2,-
421 ,122, as compared with 1921 $40, ,O30 for the
same period last year. There are now about
1000 000 gallons OF distilled spirits abroad.
which, in order to find a market, will have
70 be reimported. This, with more than
10000. 900 gallons that had, on June 80 last
been in bond for three years OF longer, unless
the seven months extension, afforded ample
margin for assuming that the receipts
for the current fiscal year would
aggregate at least $l15, 100000. A
table giving the receipts during the
last two fiscal years shows that there was a
decrease OF $O,394,17 in the collections on
spirits, and an increase OF S344, ,6s3 on tobac-