The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1885-12-18
TIME TO ACT.
A GALL FOB COOPERATION IN
DAKOTA's INTERESTS.

MITCHELL FULLY AROUSED o.
THE SUBJECT OF SPARKS
RULINGS.
| A movement was set on foot il
Mitchell Thursday that should receiv,
the hearty support and cooperation O
every farmer, banker, business man ant
citizen in Dakota. 1t is movement t,
secure concert of action that will
result in the vast interests of the north
west and particularly this section re
ceiving justice at the hands Of the
land department. at Washington. Tht
recent decisions by the Commissioner
of the General Land Office and their
effect on the interests of every man
women and child in Dakota need nc
further elaboration. He who runs
may read. II the opinion Of Mr.. Sparks
is good law, particularly on the subject
of the issue of patients and the rights
under them, there is no stability to
values, no security for the hundreds of
thousands of dollars now loaned in
this Territory. There can be no ques-
ton that Sparks decisions would be
hooted out OF any court in the country,
but the fact remains that until reversed
by higher authority, they are law.
There is therefore no time to lose in
bringing this matter to the attention
OF the administration and before con-
gress in such manner as to secure I'M
mediate relief.
In number of interviews Thursday,
with representative men in every line
OF business in this city, the REPUBL1-
CAN found but one expression of senti-
ment: That an organized movement
should be made at once to send repre-
sentatives to Washington from every
part of the Territory, authorized to
present the matter in the strongest
possible light. Just how these repre-.
sentatives should be chosen is matter
for further consideration. The slgges.
tion was made that every county in
each land district should appoint dele.
gates to a convention to be held in the
land office headquarters of the said dis.
trict. Then let these delegates choose
each district representative to go to
Washington, and let contributions be
made to befray the expenses of these
men; or, if thought best the district
conventions could send delegates to a
general convention, which should select
these representatives The details are
not so important as the object in
view.
There are ten land districts in Dakota
in each of which the interests involved
under these decisions are identical.
The sum of $500 raised in each would
more than defray the expenses of its
representative, and it could be secured
without any difficulty.
Mitchell stands to-day ready to lead
off in this matter and calls on every
other town or community in this
district to cooperate with her; and
not only in this district but in the
entire territory. The press of every
section should agitate this question
incessantly. It is not a party issue; it is
not a matter involving the interests of a
few as against the many; it is matter
that concerns every property owner in
the Territory, every store, every bank
every day laborer, VINO has borrowed
money to prove up on his quarter sec
tion, and who is told now that the
transaction was fraudulent and he must
lose his claim. There can be no ques
tion of the result in the end, but imme
diate action must be taken. Every
day adds to the demoralization of val
ues and the destruction Of securities
That the position of the Commissioner
cannotbe established in law is proven by
the following extracts from brie
compiled by the American Investment
Co:
| The patent is not the title, but only
additional evidence Of the title. Wash
burn on Real Property, third edition
sec. 526, vol. 3.
And this text writer further says
"The granting of patent is a ministe
rial act it does not pass the title, bu
is merely evidence chat it has befor,
passed, the entry and payment of thu
purchase money virtually has the effec1
of creating the title to lands purchas
ed.".Ib.
The certificate OF the register of tn,
land office that a purchase has beer
made Of lands, is of as high nature a
a patent itself. (EVash. on Rea! Prop
erty, sec. 527, vol. 81
A purchaser from the U nited State
by the act OF entry and payment acqui
res an inchoate legal title which ma,
be aliened, will decend, and may be di
vested in the same manner as any 9th
er legal title. Qbid., sec. 528.)
| The patent does not invest the purch
aser with any additional property in tn
land; it only gives him better legal evi
dence of the title which he first acquir
ed by certificate. He couldin the mean
time sell and convey the land as com
| pletely before he obtained the paten
as he could after. The patent is no
ito be considered in conflict with. thi
right, but rather contributes to its sup
lport and confirmation. Qbid.. p. 17O9
The actual settler upon the publi
lands OF the United States, who has fiji
ed the proof required by. the Act Q
Congress Of 1880, chapter POS, and ha
paid the price of the land to the receiv
er, cannot be deprived of his land b
the department. g How, 314.)
After the government has sold Ian