Great Falls tribune. [volume] (Great Falls, Mont.) 1885-1890, 1885-07-02
NEW LIANT, LAWS.

The new. commissioner of the gen
eral land Office, General Sparks, is
practically making new land laws for
the northwest. He has given orders
that the issue for patents fer preemp-
ton claims shall be suspended until
each particular case can be investigat-
ed and decision made as to whether
there was fraud IN its inception or
consummation This practically de
fers the perfecting the title to these
lands for an indefinite period, the add
ing additional burdens to the men
who take up these aVernment lands,
and in cases Of men IF small means it
probably prevents further improve
ment Of the claims by throwing such
a cloud upon the title that money len
ders will not loan money upon such
security. Besides this, it prevents
the lands becoming subject to taxa
ton, as they remain in the condition
as to title as when the first fling is
made We think the order is an I'M
just one, especially in all agricultural
sections In timbered and grazing
countries there may be considerable
fraud in the perfecting Of proof on
lands taken under the United States
laws, but in farming countries not one
in ten claims are made with fraudu-
lent intent even in letter, while but
few arc tinctured with fraud in spirit
and letter both. This order of Gen
Sparks says that the many innocent
persons shall be punished for the few
guilty; that each man shall be Judged
guilty of fraud until he is proved in
nocent, thus revising the usual Gus
tom Of the law. In addition to this
a heavy expense will be entailed upon
the government in sending out speci-
al detectives to look up the evidence
relating to each quarter section.
Judge Deadly, Of Oregon, in discuss
ing this question, which was brought
before HIM III q recent case, says the
right Of the commissioner Of the gen
eral land office ''to pass upon conflict
ing claims to land under the pre-emp-
ton law seems confined to cases that
come before him on appeal from the
decision cf ts1l.zs,s.e55iattye5 ts1G receiver,
in case Of contest between two OF
more settlers under such law. Doubt
less the commissioner may also refuse
to give effect to a certificate and issue
a patent thereon, when it appears
from the fact thereof, or the proof ac-
companying it, that it was issued
contrary to law. But If the land is
open to pre-cmption and the proof is
formally sufficient; as that is made by
the oaths of the proper and preserib-
ed number Of witnesses, to the neces-
sary facts, the commissioner cannot
disallow the certificate OF refuse tots
sue a patent thereon because the proof
is not satisfactory to his own mind,
OF because it is suggested to him that
it is false The law deyolves the de-
termination Of that question On the
register and receiver (R S. s2463),
and it can only come before the com
missioner on an appeal from their
decision BY party to a contest before
thonl.'
C90W INDIAN BURIAL PLATFORM.
The influence Of missionaries and
the agents has caused the Grows of
Montana to pretty much abandon their
old custom of wrapping their dead up
in blankets and bnffalo-robes and
placing them on rude seaffolding, and
to adopt the civilized mode of bury
ing them in the ground. Many of the
old platforms still remain, however
The traveller usually gives them a
wide berth on the windward side.
When the railroad vas built across
the reservation the line ran through
one of these curious cemeteries, on
which was deposited over a score of
bodies in all stages Of decomposition,
and the workmen were obliged to turn |
grave diggers and dispose Of the
dreadful mass before the road could |
be graded. Undoubtedly the custom
Of disposing Of the dead originated
in the practical motive Of putting
them out Of reach Of the wolves,which
dug up bodies buried no deeper than
Indians, with their rude tools, could |
readily place them.
TIE CATTLE RANGES.
Tho ,ancenc of tho GREAT Waef and |