The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-12-05
THIS ENDS THE QUARREL.
Stsyner & Simmons to the Front
Again.
To the Editor Of HERALD.


issue OF THE HERALp a peiulant and
evssiye reply from Messrs. Oarke s.
Co. to our corrections of their state
ment given in 4 recent Number OF your
paper, relltiTe to pre-emptors. AID their
residence on the public lands. We
maintain .ha. the statement We contra
dicted as given bv them az first, and
even reiterated with notifications in
their last Litter, was and is calculated
/ TO mislsad the public. We did not &c
cuse them of doing this Intentionally
however, but said that it was great
error. Our experience aud knowledge,
as the older firm in the land
business. ought to hsye at least
| suggested Consideration and polite
ness in their reply, even should
they feel il necessary TO differ IN opia-
ion. But We hold no malice against
the gentlemen, and the error made by
them was not a surprising one, when
| We consider il takes years of land prac-
| I &c to familiarize even the shregde>t
ATTORNEYS with all the various rules
and regulations, 10 say nothing OF he
diversified rulings and decisions + the
| Department.
Messrs. Darks * Co. cannot, however,
show that their second statement was
made unwittingly. for they still persist
in conveying the inference mat a pre-
emp.or has six months allowed him
| within which to commence residence.
while they endeaycr to make II appear
that we contradict that he must
do so within that period. We
quote from their letter their exact
language: "a person making = pre-
emplion filing must commence resi-.
dance within six months after date OF
fling" Now we ask every common
sense reader OF the above quotations
what would be your inference from the
statement therein? Would not the
conclusion be that person was safe as
long rs he commenced residence within
six months from the date OF Ming :
| Could any other construction be natuT-
ally and cOnclusively placed upon it,
This is the inference that We desired 10
correct. AID which we then thought,
and still think is very improper TO con-
yey 10 the public mind. And when We
said: No such provision exists
/ either in the law or the
regulations OF the Department.
We followed it by the stitement that
even thirty days was a stretch OF the
rulings on this pOinE, rs no time 1t ali
is allowed within which TO commence
such residence, either by law OF Tegula-
tioas. The presumption law was enacted
for actual settlers, and 70 provide =
means BY which persons settling. occu-
pying aud residing upon the puhhc
lands might obtain ti,le 10 the tracts 80
occupied, and on which their improve
ments had been made. And the law it
self, too long to insert here, shows how
guardedly the act was drafted 20 pro
tect such settler, and to secure Tor
government the payment OF the price
per acre, from those who were found
By United States surveys to be the
actual settlers upoa the public lands.
We might quote columns OF rulings
sustaining our position, If the fact Itself
were not evident. But we are beating
the air by Offering further argument 10
show that the gentlemen were wrong IN
the first instance, as they tacitly admit
this by quoting cOpious rulings 10 prove
an entirely different proposition.
namely. that no time whatever IS fixed
by lay within which 20 commence res.
idence. Then they proceed 10 state
lat IL is left TO the officers OF the Land
Department to decide what Is a reason
able time in which 20 do so. IL wiil be
seen from this that what we first as
serted is perfectly indicated bY their
own argument; fist, that no law
exists granting six months time. and
second. that every case must stand on
its own merits as 10 the good faith o;
the settler.
II must. however, be borne in mind
that settlements, which may consist OF
any act of improvement looking To Oc-
cupancy, must exist at time OF filing.
or the filing itself is 70 d {; and Messrs.
d. & Co. utterly fail 10 answer our
statement, that should a more energetic
settler commence q residence on the
tract filed on, and contest the original
claim, the latter having no residence
upon the land, and being unable 10
show good cause for his failure, wo I'D
have all he could do, besides sharing the
expense of a contest, to save his claim.
: 1t is also to be remembered that even
II final success were assured, by dint
of an attorneys skill, which is not by
any means certain, yet that counsel Is
always safest which obyiates iiigat on,
which shields the client from any prob
able attack and renders him the most
secure against successful opposition.
The chances for contest are not
: nearly so great when the client is wisely
advised. And while there are cases IN
, which the government has, on proper
showing, extended leniency and made
allowance for sickness. poverty and
other natural causes of absence, We
: have no knowledge Of any such where
,, good faith has not been shown By extrs
efforts and by assistance of attorneys
for such action Of the government
is always the result Of a proper show
ing, either by evidence at q contest
appeals TO the commissioner or secre
tary, or special applications. We there G
fore repeat for the benefit Of thOs,
who have no money 10 spend IN cos Is
=, contests. Doa't wait six months o. any
other time, bsfoTe commencing resi-
denCe on your presumption claims
> But if no; already residinl
: there at time Of filing, build YOU
house and move into il with YOU
family just as soon as yO1 possibly can
and don't let thirty DAYS elspse II yoJ
can help it. before your home Is mad,
on the landl By taking this advice
You will derive benefit from this cor
Responsiveness aud save trouble anI
3 money. besides the risk of losing you
land claim. Respectfully,
4 &