Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]) 1884-1905, 1885-12-12
period Of five years, but cannot avail

period Of five years, but cannot avail
himself Of the alternative provided by
later sections Of the same act. The OBJ
ject Of the law permitting the commute.
ton of homesteads WIS in all probability
to provide = means whereby a settler
under the law, who had made valuable
improvements upon the land. and was
rendered by reason Of physical disability
or for other good u unable to 60 on
and complete the prescribed term of-es.
idence and cult 'ation, might save his
investment and the value Of his labor,
which would be lost to him in case
Of abandonment or upon which he must
suffer a great sacrifice should he attempt
to sell them, as he could give no title to
the land, and the purchaser of improve.
ments would be makinga precarious in
vestment.
us it reasonable to suppose that the
United States government intended to
deny to any citizen, after inducing him
ny fair promises to initiate IN entry, the
right to pay his way out. when difficult
ties assailed him, simply because he had
purchased land under another law? The
honorable commissioner lug- the timber
culture law into the question for the
purpose Of showing that by virtue of the
three laws mentioned II settler may be-
come II blOattd a%rislocrat and ha,ed mo.
nopolist, with title 1880 acres Of western
land. and attempts to use the fact rs Il
justification Of his own c,urs. in constru.
ing all act Of congress in precisely the
manner which the IL. making power has
said it shall not be construed. The tim
her culture law If today was passed in
in 1873, about thirty-seven years later
than the presumption law, and fifteen
years after the homestead act had been
III operation, and has no relation to
either of those laws.
"The decision of the commissioner will
not stand the test IF legal light. and will
no doubt he reversed 10y the secretary Of
the interior if it ever gets before him. In
the meantime it will, perhaps, be well
for the comm issioner and his very safe
~ advisers t. cease blowing about the
wonderful things that have been and are
just about to he, done in the way If re-
form during his reign. They may need
the strength being thus expended with
which to catch their breath after Il Sec
retarial cyclone shall have struck them."
NOT RETROACTIVE.
WASHINGTON, Dec. Much appre-
hension has been manifested in the west
in respect to the scope of Commissioner
Sparks recent decision, to the effect that
homestead claimants who have previous
~ had the benefit of the pre- emption
law, cannot commute their homestead
claims. Members of congress have re-
ceived many letters on the subject, indi-
eating Il wide spread fear that this decis-
ion was to be made retroactive, which
would have the effect of up setting titles
to many claims which passed by pur-
chase into third hands. Senator Van
Wyck on behalf of many of his constitu.
ents, recently made inquiry of General
Sparks in regard to the matter and was
informed that the decision will, unless re-
versed by higher authority he a guide for
future action of land officers, but that
the commissioner is not inclined to 20
into the actions of his predecessor nor
interfere with the claims which have al
ready been secured under former rulings
Of the land Office in this respect, unless
fraud is shown to have been perpetrated
in securing said claims.