Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]) 1884-1905, 1886-02-13
SPARES RtL1Na.
Critical Analysis Of he Laws-How
to PeooQ3d.

return, 70 his ekhs d d live on it over
again or have iscasesllsd; andan view
of he fact during thiA lapse of two and
three years since proofs were made and
accepted by local land otlicsn in every
district from the Mississ,ppi to the Pa
cifc and from Texas 70 Manitoba, nearly
all have nnortgaged, sosIe have sold and
conveyed, oshe.s have ken homesteads
aud they canno. go back on their former
claim without losing she latter. And it
il evident that thousand ) Of these notices
areto follow. Many IL these sent. as
they show upon their faces. are sent not
becs.,se The claimant WIS guilty Of any
fraud. bnt simply because these accept
I'd proofs do not on ttsir face show as
,,nsny days of actual residence as the
present commissioner would have re-
quired, had he at the time these proofs
wore made and accepted beon the com.
missioner and had the liking Of the rules,
regulations and pracAcS Of tho depart
ment in This respect.
Nho commissioner possess the power
TO enforce this notice and deprive cur
frontier settlers and their assigns oftheir
frontier homes. by sxscting require.
ments not In force until after they have
proved up aud paid for their lands, theu
he possesses powers superior to those Of
congress, u Of any state legislature, or
even Of any despot Of Europe. It has
heretofore deen suppsed in this en-.
lightel,ed country that retroactive laws
are void. This il frat general an.
n"uncen'ent TO the contrary.
some years ago tho supreme court Of
Iowa decided that Iowa towns and cities
were invested with power to bond them.
selves to- aid in the construction of rail.
ways. Subsequently this court reversed
this .lecisiun and held that these powers
had never existed, and that their frat
decision WAS or. r.oneOps. Cities and
towiw which had ", tn,,.ut,d themselves
in the meantime, while the first decision
was in force, repudia,esl; the bonds we're
sued and the case carried u the United
States supreme court, where it WAS held
that these bonds which were valid when
Issued and negotiated, by tho .l.a;isiom
then III force ,uld not he invalld.ted
afterwards by change Of such decision
and must therefore be paid. Mnny ALL
thnrities arc cited in that c,se in support
Of this principle IT law.
Our settlement laws are 80 constructed
that tO y certain extent congress has DEL
egstpd 70 the land and interior depart
ment legislative pDwe, by permitting it
u make controlling rules and regulati ',s
in land matters. These regulations and
rules when in force attach to the se' tie.
ment laws and be ONE u part Of them
and these may he satdaO he fo. .med in
part by the practice and decisions of the
department. for the time being in 'Orce,
and change in such rules, regulations
and decisions should have in Law no
more effect Oh titles acquired and conf
pleted under them than change Of
statute law by congress after their &C.
duirement and completion; and set-
tiers title is acquired and completed
when he has done the things required
by the law in force at the time. and he
has mad. due proof for the same and
rendered it with the cash TO the lucal
officer. Land officers can neither make
nor unmake title.
This being fact that no sound law.
yer will assume TO question; also that
acquired titles completed by final proof
cannot be divested by subsequent legis-
III - ,s,ho + uss1n,
and practices Of the department then
and for twenty years heretofore in force
were as wise and beniticent " the pres
ent practice, 70 FAR a. the legality ef
these titles are concerned; and We enter
upon its present discussion, not for that
object, but to assert the present policy
Of the department, which we believe 10
be unwise.
First, let Va. consider the question OF
settlement and actual residence. NJ
court, state or federal, within the bounds
Of our Land, since tho passage Of our
settlement laws, has held that any per-
son need live every day in any given
place to retain his residence therein, or
that he, could not be absent from such
place for whole year for jus,ifiable
cause and still retain his residence in
such place. In making these laws con-
grees plxced NO limitation on the word
"resideM:e," used in these laws, except
to provide that absence for six months
from the claim should be held to be an
abandonment thereof. The object VI q
law aids its construction. Our settle.
ment laws were made to aid the pOor "
acquire public land, to give home 10
men who we're too pour to buy the same
outright and pay the cash down, nearly
all our public lands at the tin,e These
laws were made be;,lg wild .prsir.e lands.
A quarter section VI these lands under
the. .prtsestt requirements Of the depart
meut, would require the settler u have
$l00U tO begin with III order ~ supply
himself with three hOrses or four oxen,
breaking plow, seeder aud drag, sesd
Er.,u, fed Eor himself AID family and
lur his te,ssus Tor over year, before be
az,aid realize anything from the land. II
these requirements were withi.i the in'
tsntiOIH Of the men wh, made the Laws
they did not make them to aid pool
men to acquire lands, but to bar them
from obtaining pubic lsnds.
Under the ruling and practice OF the
department while unler Republican
control for the past twenty years
whelher in Kansas. Nebraska. low.
Minnesota or DAKOTA, it 10 safe u, -,
thst over t0ur.titths Of th0ee WIN tJuh
] up pubic lands aud oonplsssd proof