The Warner sun. (Warner, Brown Co., Dakota [S.D.]) 1885-1???, 1886-01-15

A SIOUX FALLS DELEGATION.

WASHINGTON, Special Telegram, Jan. H.
A committee consisting of Mr.. Grlggsby. Il
A. Sherman and John M. Bailey, Jr. are her,
from Sioux Falls, Oak. to urge upon con
gress the passage Of the bill to hold the
United States district court In four places in
hat territory--at Yankton, Deadwood, Huron
and Sioux Falls. The committee was also
instructed to see IL something could not be
lone to compel COMMISSIONS Sparks to treat
the settlers of Dakota decently, and to give
them the rights they are entitled to under
the law. The committee saw Senators Ed.
munds, Cullom, Logan, Harrison and others,
and to them presented their case They
argued:
The rights OF homesteaders and ~re-enIptors as
we'll as purchasers are not fairly understood by
Of fraud undoubtedly exist, verv few have been
lnearthed, and unlawful entries are almost i'm
possible In a country where noncompliance with
The law results inevitably IN . contest by az in
aividual. The order suspending the issuance of
patents, although justified in an individual case
sometimes upon a proper showing, Is wholly
carrying great hardships in o multitude of
homestead cases, while Furnishing a very few
guilty ones. 1t is the undeniable law of the
land as defined by the courts, that the final re-
ceIvers certificate issued upon a final proof
operates as a transfer OF title to the proof of
claimant from the government, and the
sntryman Is entitled in due course
Dt business to a patent for the
land, unless for good cause shown, the patent
may be withheld. Another refuted decision OF
the commissioner Is that in all cases where az
individual may have exercised a COMMITTED
homestead right, the same person cannot avail
himself Of the redemption, but must have 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 presumption of this class already made.
still another equally n~onsen:ical decision made
by Mr.. Sparks is that any conveyance, lien
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 such certificate
lid vest title In the entryman. The policy Of
the commissioner in making cancellation OF an
entry on the mere report OF a special agent. they
said. was a travesty, for the reason that the
same is devoid OF every principle of right, and
that the plan Of this meddling with entries in
the hope of securing the land in question IN
,ase the present claimants titles are destroyed
by cancellation.
The senator's listened to them fully. Ed
nunds said that the best way to bring Sparks
10 terms was to apply for a mandamus Go
compel him to issus 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 APP
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 u~ntenable.