St. Landry democrat. (Opelousas, La.) 1878-1894, 1886-07-24
A Card.

A Card.
FAQUETAlQUE, La, July 3, 1885.
Mr.. j. ID. Hagerty, Washington.
Dear Sir-l read d. Courville's letters
from you yesterday, and am at a loss
to understand how my homestead can
be cancelled and Dare's be all right. 1t
is strange story to me, unless it is a
neglect on your part. 1t seems to me
that you could represent with truth that
l have spent at least fifteen hundred
dollars in improvements and have new
er left the place a day and kept improv-
ing near eleven years, and that had
paid in advance for the fraction in cash
and that / always acted in good faith,
and that no man ever acted in better
faith and more according to law than |
have, and yon know every word to be
the truth and also can he proven by all
OF the best citizens of my neighborhOod
furthermore you could represent that /
acted in such good faith, that | spent
my all in improving my home, and that
to take 1t away from me now would be
TO ruin me forever, for am getting too
old and you know that | am too much
crippled to start anew. All such are
facts known to all of the best citizens
of our settlement. Pray write soon
and let me know if you want to see me
necessarily. If so | will try and go.
Keep me posted for ] am uneasy to
think how badly am treated. 1t is un-
just and God knows / don't deserve
such.
Yours Respectfully,
{Signed) Ed. DARDEAU.
Address Chataignier.
Z. S. LAND OFFICE.
NEW ORLEANS, La, May %, 1885.
Mr.. j. ID. Hagerty, Washington. La.
Sir-l have received your appeals
from my decision of 5th inst, in case of
one ID. Courville, Jr., and Edward Dar
deau, Homesteads Nos, 4l92 and 1924
respectively, and Zack 7. Cary ct ais
preemption declaratory filings. The
said eases were this day transmitted to
the Commissioner General Land Office
for his action.
Very Respectfully.
(Sigued) G. b. DAERALL,
Register, per W.
1SS6-5996S.
DEPARTMENT OF THE INTERIOR,
&c" General Land Office,
WASHINGTON, ID. c., June 1S, 1886.
Hon. A. b. Irion, House of Reps.
Sir-In reply to your letter of June
!, 1865, you are informed that it does
not appear that any appeals by David
Cuuryille Jr., and Edward Dardeau, the
parties to the New Orleans, La, home
stead entries No 4192 and 1924 respect
lively, havr eveF been received at this
office. Courville's entry is suspended
but Dardeau's eutry was cancelled
March 27th, 1885, IL having reported
for cancellation by ttiel local officers be-
cause proof had not been submitted in
the case within the statutory period.
Very Respectfully,
WM. A. j. SPARKS, Commissioner.
Note by j. d. Hagerty
Courville and Dardeau's cases We're
filed to make final proof Aug ~, 1888,
and the following is the argument filed
with the same before the Register and
Receiver. | invite attention to the
same:
Register and Receiver, L. S. Land Of
flee, New Orleans, La.
Gentlemen-Speaking of my cases on
file with you, beg to State, that to you
gentlemen must apply to rectify the
grievances of my clients, See act Sd,
462. II the decision of the Register and
Receiver are technical awards the Com
missioner of the General Land Office
may review them, but he has no right
to decide contrary to their understand
ing of the law. 6 opinions of Attorney
General Ib. 1861 The act of Congress
of April 81, 1876 was remedial statute,
it should be literally construed to in
clude the remedy. Section 3 of said act
of April 81, 1876, confirms all entries
made subsequent to the expiration of
such grant and entities such claims to a
patent, see page 176 L. L. 1882, Vol. 1,
Capp. For your honors to decide 9TH
erwise would be to read the act with
set teeth, for Congress PASSED it with "a
smile. 1t is we'll settled that Congress
speaks through the statute book, Aid
ridge VS.. Williams ) Howard "A, Will
kinson VS.. Leland end Peters 963.- L.
S. VS.. Fisher, ETC., I'd Cranch 35S. These
authorities and tide Sd section of act 81
April 1876, will warrant your honors in
permitting claimants to make final
proof on entries made within railroad
the grant. The act of Congress of
March e7th, 1854, is also remedial act,
for the relief of settlers on lands re-
served for railroad purposes, for any
one who has now, or any time hereafter
See section 204 page 102 Capps l.. l..
1882, vol. |, and authorities therein
cited, which will | hope warrant your
honors in allowing my preemption
claims now filed.
No reservation OF appropriation of
tract of land can be made after a citi-
zen has acquired right to it under a
preemption law. Ibid. The decision of
the Register and Receiver as to the va
lidity and extent of pre-emption right
can only be impeached for fraud Lytle
VS.. Arkansas, Howard 314. The right
Of pre-emption can not be impaired
by a selection of lands under a subse-