The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1885-11-27

Commissioner Sparks Explains His Rul.
Ing Regarding Homestead Claims-But
Thinks Congress Intended to Limit the
Amount OF Free Land to Settlers.
WASHINGTON, D. c., Nov. 22.-Commis.
sioner Sparks has recently made a ruling
which is probably destined to have i'm.
transactions in the public lands. He
has decided in substance that com.
mutation Of q homestead is in effect
and in law turning Of an entry into pre-.
emption, and as such is illegal when the
claimant has previously had the benefit OF
the pre-emption law. Since the passage Of
the homestead law it has become the al
most universal practice for settlers to se.
cure claims under both that and
beneiis- OF 81 the timber .cultare rsA laws, sns
thus aggregating, under three laws, o mini.
mum estate OF 4SO acres to each settler.
1t has been customary to take up the pre-.
emption and tree claim at once, and after
the lapse Of the shortest necessary in terval
to mortgage the former for enough to pay
the government price OF it, whcn having ne.
cured the title, the settler was atliberty to
move away and take the benefit Of the
homestead law. The ruling OF the commits
sioner is calculated to put an end to this
practice. It leaves settlers still the right to
secure either q pre-emption ora homestead
In addition to his tree claim, and as far as
the ruling itself goes, it leaves him the right
to secure a pre.emption in the usual way,
and then secure homestead by living
upon the land five years, but the latter
right Gen. Sparks does not concede. It
has been stated that he has made ruling
to the effect that no person is entitled to
hnsNn <,fI Ia
stead laws. This is incorrect; no such rul.
ing has been made. There is reason to be-.
licvc, however, that when this question
comes before him in a way to demand for
NAL ruling on the subject he will hold that
in passing the homestead law congress in
tended only to give a choice to
SETTLERS OF LIMITED MEANS
by affording them method OF obtaining
16O acres OF land without other outlay
than the payment Of customary fees in
place Of purchasing under the pre-emption
laws. Such IL ruling he says, would be in
concurrence with the views which have in
spired the movement in congress to repeal
the pre-emption law outright; and should
the timber culture act be repealed it
would have the effect OF restricting the area
obtainable by asingle claimant to one quar-
ter section. Gen. Sparks holds that two
laws, the homestead and the pre.emption,
standing together and interpreted as they
have heretofore been, offer a temptation to
fraud and place premium upon it. The
hope OF securing second claim, as held out
by the onelaw, is reimbursement to make set
Element and improvements upon the first
claim OF temporary and inexpensive char
acter, simply designed to make false show
ing Of good faith, and to Swear BY" as
Immediately after final proof or com
mutation, as the case may be, they
are to be abandoned and another
residence established upon claim number
two, and Gen. Sparks holds that il
congress designed to give the same settler
the benefit of both laws it would not have
imposed upon him requirements to cstab-
lish a temporary home in one place only to
be abandoned for another within n few
months. Should the ruling indicated
as probable never be made, that
already made in prohibiting commu-
tation OF homestead claims by per-
sons who have previously been pre-elnp-
tors will still, he believes, have an import
ant result In preventing, to considerable
extent, speculation in claims. The obliga-
tion to live five years upon a. claim is a
test OF good faith to which only actual
farmers who desire land for their own cul.
tivation will care to submit.