St. Paul daily globe., 1885-11-19
DAKOTA'S MISFORTUNE
Commissioner Sparks Recent Ruling on
the Land Question Creating Uni
form Dissatisfaction.
Much Privation and Suffering to Ensue
If the Decision is Carried
Into Execution.
The County Officers of Steele Con.
clude to Fight the Attempt
to Gust Them.
Matters of General Interest Per-
tanning to the Great
Territory.
An Injustice to Dakota.

Am Injustice to Dakota.
Special to the Globe.
HURON Oak, Nov. 1S.--No item O.
news has so greatly interested the people Of
this section of Dakota as that contained il
the DAILY GLOBE OF the 14th, viz, the rul
ing of Commissioner Sparks of the genera
land Office concerning pre-emptiOn ant
homestead entries. This ruling is to tht
effect that a presumption and cOmmutet
homestead are precisely the same thing. anC
that a settler who has entered tract o
land under the pr-emption laws, makes tina
proof on the same, and then enters another
tract under the provisions of the homestead
laws and commuteS it, and pays Sl.25 pei
acre for it instead of residing on the lane
the full five years as required by the home
stead laws. renders the latter entry invaliC
and subject to cancellation. By careful
review OF both the pre-emptiOn and home.
stead laws and the provisions of the genera
laws of the United States, nothing will be
found in them that can be construed other
wise than that any citizen of the United
States. or any person who has signiied his
intention to become such," is entitled to en-
ter quarter section (160 acres) of govern
ment land under
EITHER OF THESE LAWS;
neither is there anything in them that can
be interpreted to mean that after having
made final proof on the tract so entered that
he shall not be entitled to a second entry OF
100 acres under the provisions of the pre-
emption or homestead law, as the case may
be. 1t has heretofore been held by the gen.
eral land Office. and thoroughly understood
by every settler that has come to Dakota
and taken land. that he has three rights
pre-emptiOn, homestead and timber-c Culture.
Not only has this information been pub
lished by railroads, real estate agents and
newspapers, but printed in circular form
and sent out by the department of the in
terror for the information of the general
public. The land laws are so plain and SO
easily understood that a miScOnStructiOn of
them would be difficult. AS an inducement
for people to come to these barren prairies
and make for themselves homes the govern
ment was compelled to offer liberal terms,
and now that many have come and endured
the hardships,
PRIvATIoNs AND EXPOSURES
incident to new country, are they to be
deprived of what they have labOred and in
many cases suffered to obtain? Instead OF
being a set of land grabbers and thieves. as
one would presume them to be by the rul-
ings and decisions of Commissioner Sparks.
the settlers of Dakota are more to be classed
as martyrs. 1t is quite an easy matter for
a government official to make rulings and
decisions governing the honest settler of
Dakota, compared with what the settler
himself is obliged to undergo to secure a
home for himself and family. Your cor
respondent has converSed with more than a
score of settlers concerning the decision
above referred to. and the sentiment is a
unit in denunciation of the actions Of MIR.
Sparks ever since his appointment. A
gentleman who has known him from boy
hood said to-day:
am a Democrat and am pleased to see
Democrats appointed to Office but in the Sc
lection of Sparks for commissioner Of the
land Office there was certainly a grave mis-
take He is inexperienced. incompetent and
wholly untitled for the place. | regard him
as laundering crank and trust that the
Democrats will sit down on him when con-
gress meets.
A visit to several real estate agencie
confirmed the belief of others that the rul
ing of August last, whereby the issuing of
patents was suspended, coupled with the
present one, are two of the severest blows
that have ever been given Dakota. Imme-
diately following the August decision, there
was
PERCEPTIBLE INACTIVITY
in real estate matters, but the last ruling
has or will take the life entirely out of the
business and leave it thoroughly demoral-
lied. Fully $780, 900 of Eastern capital is
now in the hands of real estate men in this
city, hut cannot be invested because of the
uncertainty of the security of titles to lands.
Many who had hoped to dispose of a por-
tion of their land in order to get means to
meet their obligations, are unable to sell,
and loan companies are unusually cautious
and only loan small amounts. 1t is a posi-
tive fact that unless relief from the above
mentioned rulings of the commissioner is
given soon, there will be actual suffering
among the poorer settlers, who were hop
ing and depending On realizing cash from a
part of their land sufficient to carry them
through the winter and get seed and imple-
ments for another season. Especially will
this be true of many who have been here
one season and came to the country poor.
There is a conviction in the minds of all
that the settlers of Dakota are being i'm
posed upon, and they will at once take
steps to protect themselves from trespass
by those who will take advantage of the
late rulinggs by the land commissioner by
filing contests or applications for re-entry
of the land. To all such 1t would be well
to go slow. and they will avoid trouble. for
Dakotans have rights that the outside world
must respect.