The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1886-02-05
General News Condensed.
LAND OFFICE POLICY,

~ 0S1S Sss0S T. 0t0uLb of0 O6unK kv0u00
More Rapidly than ever, and his Audi.
tors Pronounce His Position Correct.
Washington, Special Telegram, Jan. 81
Commissioners Sparks to-day received dele.
cations from Aberdeen, Oak, and Omaha,
Neb. In each instance his visitors called to
protest against certain rulings OF the land
office and learn from the commissioners yer.
bally something definite regarding his inten.
lions. The Aberdeen delegation presented
long memorial, signed by Delegate Clif
lord and other Western representatives, set
ting forth the troubles Of the land business
It washeld that the withholding OF patents
and the cancellation OF entries were inflict.
Ing hardships upon innocent persons and
Tightening capital out OF the new settle.
ments. The burden OF the address was that
the receipts given by the districtland Office
should be final in order that money
loaned upon such receipts would be secure.
Another feature Of tho memorial was the
statement that the investigation OF fraud
ulent entries alter the issuance OF land GER
tificates inflicted injury upon innocent pur.
chasers Of the land. Mr.. Sparks met the
varions phases OF the case in the following:
The land Office receipts cannot be
final under the law. You must ap-
peal to congress. The decisions OF
the courts are plain at this point.
This department cannot amend the law.
ltis our duty simply to enforce it. Aper-
son loaning money upon the land Office re.
ceipts and taking a mortgage is perfectly
secure II the entry was in good faith. up
prehend that no man lends money upon
public lands in this stage without knowing
something about the improvements, the
actual residence and the good faith OF the
pre-emptor. 1.-The do cs he is not orli--
narily prudent. The bona fide esettler who
Is making his home upon the land, and has
substantial improvements, will not be mo.
lested. The man who goes there with all he
has, enters land in good faith, maintains a
habitable dwelling, and does what he can
In the way Of cultivatinc his land, is q safe
person to loan money to. He is not going
to be distwbed. On the contrary, 1 mean
that he shall be protected. 1t is the chap
who is not making improvements or an
actual residence. who has worthless
shanty on his place, in which lie OCCASION
ally spends night, and who proves up
by means Of perjury and other kinds
oil sharp practices. that this depart
ment is after. This is not u safe per-
son to loan money to. for il the land in de.
serted rs soon as the loan has been OBJ
tain"d, or if any agent discover and report
the manner in which the entry was made,
no patent will be issued I would not nd.
wise anybody to loan money upon land
taken by nonresident who leaves the
country as soon as he has made final proof,
but loan would be perfectly secure in a
case where there is actual settlement. The
courts have decided that the government
has not parted with. the land
until the patent issues; but we
have taken the position that when
a claimant has secured his receipt il is
equivalent to q patent for purposes of
mortgaging or alternating the land, provid-
ed he has complied with the law. In loan.
ing money, it is wise to ascertain that the
borrower has made Il proper residence and
otherwise observed the law in good faith.
Then it is perfectly safe to deal with him
the same as ii he held the patent. Re-
.arding the statement that patents are
being withheld to an unusual extent l
:an assert that they are being issued
hster by five hundred or thousand per
month than ever before in the history Of
this country.
Tie visitors acknowledged the fairness
and business OF Gen. Sparks position. The
Omaha banker stated that he considered
the commissioner to be right ON the subject
ind he declared that he would not loan
money to any man who was acquiring land