The Republican. [volume] (Oakland, Md.) 1877-current, 1885-12-19
PUBLIC LANDS.
Late Rulings of Commissioner Sparks of
Interest to Settlers.

Interest to Settlers.
Commissioner Sparks has recently
made a ruling which is probably des-
tined to have an important influence
upon the course of transactions in pub
lie lands. He has decided, in substance,
that the Communication of a Homestead
is in effect and in law a turning of tie
entry into a pre-emPtion, "N--, as &.
is ihogaI when the claimant had pre-
viously 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
secure claims under both that and the
Presumption law. in addition to which
they have usually taken the benefit OF
the Timber Culture law. thus aggre-
eating, under the three laws, a maxi
mum estate of four hundred and eighty
acres to each settler.
1t has been customary to take up the
presumption and ''tree claim" at once,
and after the lapse of the shortest nee
essary interval to mortgage the former
for enough to pay the Government
price of it, when, having secured title,
the settler was at liberty to move away
and take the benefit of the Homestead
law. The ruling of the Commissioner
is calculated to put an end to this prac-
tice. 1t leaves the settler still the right
to secure either a presumption or a
homestead in addition to his 'tree
claim, and, as far as the ruling itself
goes, it leaves him the right to secure a
presumption claim in the usual way,
and then secure homestead by living
upon the land five years. But the lat
ter right General Sparks does not
concede. 1t has been stated that he
has made a ruling to the effect
that no person is entitled to the
benefits of both presumption and
the Homestead law. This is incorrect,
no such ruling having been made.
There is reason to believe, however,
that when this question comes before
him in way to demand a formal rul-
ing on the subject he will hold that in
passing the Homestead law Congress
intended only to give choice to set
tiers of limited means, by affording
them method of obtaining one hun.
dred and sixty acres of land without
other outlay than the payment of the
customary fees in place of PURCHASING G
under the Presumption law. Such a
ruling, he says, would be in concur
renee 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 re.
pealed would have the effect of restrict.
ing the area obtainable by a single
claimant to One-quarter section.
General Sparks holds that the two
laws-the Homestead and Pre-emp-
tion-standing together and inter.
preted as they have heretofore been,
offer temptation to fraud and place a
premium on it. The hope of serving a
second claim is held out by the law as
an inducement to make the settlement
and improvements upon the first claim
of the most temporary and inexpensive
character, simply designed to make a
false show of good faith and to ''sweaf
by as Immediately after final proof or
communication as the case may be, they
are to be abandoned and another resi-
dence established on claim number two
General Sparks holds that if Congress
designed to give the same settler the
benefit of both laws, it would not have
imposed upon him the requirements to
establish a temporary home in one
place only to be abandoned for another
within few months. Should the rul.
ing indicated as probable never be
made, that already made, prohibiting
Communication of homestead claims by
persons who have previously been pre-
emptors, will still, he believes, have an
important result in preventing, to a
considerable extent, speculation in
claims. The obligation to live five
years upon a claim is test of good
faith to which only actual farmers. who
desire the land for their own cultiva.
ton, care to submit WaShj11qton Letter.