Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1885-11-25
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SPARKS E~LuclDATEs.
his Recent Rulings Relative to Home.

His Recent Rulings Relative to Home
stead and Presumption Claims.
Washington, Nov. 1-Commissioner
Sparks has recently made a ruling which
10 probably destined to have important
influence upon the course OF transac-
tions in public lands. He has decided
in substance that q Communication Of Q
Homestead is in effect and law q turning
Of an entry into . presumption, and as
such is illegal, when the claimant has
previously had the benefit Of pre.emp-
tion Law. since the passage of the
homestead law IL has become the almost
universal practice for settlers to Sc
cure claims under both that and the
p.e.emption Law, in addition to which
ley have usually taken the benefit
OF the timber culture Law, thus
aggregating under three laws a mini
mum estate OF 4e0 acres to each settler,
1T has been customary to take up the
presumption and a tree claim at once,
and after tho lapse Of the shortest nee
essary interval to mortgage the former
for enough to pay the government price
OF it. Having received the title the set.
tier was ct liberty to move away and
take the benefit OF the homestead law.
The ruling of, the commissioner le cal-
culated to put On end to this practice.
It leaves the settler the right to secure
either q presumption or Q homestead, in
addition to hia tree claim, and, as fer as
the ruling itself goes, leaves him the
right to secure q prescription claim in
the, usual,wsy, and then secure the home
stead by living upon the land five yesrs.
Bnt the latter right Sparks does
not concede. It has been stated that he
has made o ruling to the effect that no
person is entitled to the benefits of both
the presumption and homestead laws.
This il incorrect. No such ruling has
been made. There is no reason to be-
lieve, however, that when this question
comes before him in q way to demand
formal ruling on the subject he will hold
that in passing the homestead law con-
gress intended only to give q choice to
s~ettlers Of limited lei by offering
them 9 method Of obtaining 100 acres OF
land without other delay than payment
OF the customary fees, in place OF pur-
chasing under the presumption law.
Such o ruling, he says, would be In con.
ourrence with the views which have in
spired the movement in congress to re-
peal the presumption law outright,
and should the timber culture law be
repealed would have the effect Of re-
strioting the area obtainabls by q single
claimant to inc quarter section. Gen.
Sparks holds that the two laws, the
homestead and presumption, standing
together and interpreted as they have
heretofore been, offer q temptation to
fraud and place q premium upon it.
The hope OF securing a second claim Is
held out by the one law ne an induce
ment to make settlement and to make
improvements upon the first claim OF
the most temporary and inexpensive
character, simply designed to make false
show and good faith aud to ''swear by"
as immediately after final proof
or communicating, as the case
may be. they. are to be
abandoned and another residence estab-
lished upon claim No. 2. Gen. Sparks
holds that ii congress- designed to give
the same settler the benefit of both laws
it would not have imposed upon him re-
quirementa to establish q temporary
home Ia N place, only to be abandoned
for another within q few months. Should
the ruling indicated as probable never be
made, that ALREADY made i. ssshs; :..,it:ur
uotnmufationof homestead claims BY per.
IONS who have previously been pre-.
emptors, will still, he believes, have i'm
portant result in preventing, to e con-
siderable extent, speculation in claims.
The obligation to live i've years lpon q
claim is q test of good faith to which
only actual farmers. who desire land for
their cultivation, will care to sub
"a INIT AE t