The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1886-01-22
WORKING AGAINST srARKs.

A SIOUX FALLS DELEGATION.
WASHINGTON, Special Telegram, Jan. H.
A committee consisting of Mr.. Griggsby. L
A.. Sherman and John NJ. Bailey, Jr., are her,
from Sioux Falls, Oak, to r upon con
gress the passage OF the bill to hold the
United States district court in four places in
that territory-at Yankton, Deadwood, Huron
and Sioux Falls. The committee was alse
Instructed to see if something could not be
done to compel Commissioner Sparks to treat
the settlers OF Dakota decentIy, and to give
them the rights they are entitled to under
the law. The committee saw Senator's Ed.
munds, Cullo!n, Logan, Harrison and others,
and to them presented their case. They
argued:
The rights of llomesteaders and ~pre-cnptors as
we'll rs purchasers are not fairly understood by
OF fraud undoubtedly exist, verv few have been
unearthcd, and unlawful entries are almost i'm
the law RESULTS inevitably in a contest bv an i'll.
lividual. The order suspending the issuance OF
patents, although Justified in an individual case
sometimes upon a proper showing, Is wholly
without reason in its present sweeping reform,
carrying great hailships In a multitude Of
homestead cases, while pnnishing a very few
guilty ones. 1t is the nndeniable law OF the
land as defined by the courts, that the tina! re-
celver's certificate issued upon a final proof
operates as a transfer OF title to the proof OF
claimant from the government, aud the
Allha 10 NAlihNtSa - NAS S'NApN
of business to Il patent for the
land, unless for good cause shown, the patent
nav be withheld. Another refutcd decision OF
the commissioner is that in all cases where an
individual may have exercised q cOlnnIuted
homestead right, the same person cannot avail
OF the pte-emption, but must hnvc lived
on the homestead five years in order to secure
the presumption. This radical reversal of a
policy long pursued by the department is now
causing widespread fear and apprehension as to
titles of -empt of this class already made
Still another equally nonsenslcal decision made
by Mr.. Sparks is that any conveyance, lien
or mortgage made after final certiiication.
but before patent, is void upon the
property; that the final certificate conveys title.
They cited upward of twenty cases showing that
the courts have always held that sIch certificate
did vest title in the cnlrvman. The DClicv OF
the commissioner in making cancellation OF an
entry on the mere report OF n special agent. they
said, WAS "A iravesty, Tor the reason that the
that the plan OF this meddling with entries in
1uced malicious persons to allesc fraud falsely
in the hope OF securing the land In question III
case the present claimants titles are destroyed
by cancellation.
The senators listened to them fully. Ed
munds said hat the best way to bring Sparks
to terms was to apply for n mandamus to
him to issue patents. A case could
be prepared and by agreement could be got
before the United States supreme court in
sixty days. There were plenty Of senators
and congressman who would be glad to np-
pear and make an argument, and Mr.. Ed
munds had no doubt what the decision OF
the court would be, as the position Sparks
nad taken was untenable.