The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-12-03
s-E.hN TX
LAND MATTERS AGAIN
Darke & Co. Quote the Law on Pre-.
emptlOns. -.

To the Editor OF TIE HERALD.
We do not banker after notoriety as
newspaper disputants. and only reply
to the letter written by Messrs. Stayner
& Simmons, in your issue of December
LIST, because of its pomposity OF style,
and also because tine gentlemen COM
prising the firm once had an extensive
land business, and the latter fact might
cause some people to be misled by the
intent Of their letter.
We maintain in this letter. as We
stated TO your reporter: "A person
making a presumption filing must COM
mence residence ,rithin six months after
date of filing" Messrs. S. & 5. state
that mo such provision exists either in
the law or the regulations OF the de
partment." The best advice We can give
The gentlemen is to keep posted on the
regulations of the department, and not
80 plainly tell every body that they are
not posted. We viii cover. the ground
opened BIZ this argument by quoting
words Weightier than our own, 20 illus
trsIe the meaning intended by our
former article.
Ia = decision OF the Supreme Court OF
California. March %. 1885, Justice Field
says: " The settler may be ex, used FOR
temporary abs ence caused by we'll
founded appiehsnslons OF violence, by
sickness. by the presence OF an epidemic.
by judicial cOmpulsion, or by engage
meut in the military or naval service"
A decision Of Acting Secretary Joslyn,
given March /, 1852, says:
The law does not require OF a PreemPtor
uninterrupted presence on the land de
may be absent for such reasonable time, Tor
temporary purposes as his business OF 40,
nestle necessities may demand, provided
the facts are consistent with his good faith,
and indicate purpose 10 comply with the
law In this respect no absolute ruhe can Dc
prescribed. for each case has facts peculiar
TO itself.
We also quote from = decision OF the
same official. given October 18th. lss2:
Residence IL not essential 70 pre- eupiiOn
settlement A settler IL one who does some
at on the lsnd indicative OF an tnteution 10
claim the benefits OF the law Although the
erection OF n house and residence therein
NAV rnsuifest such purpose in connection
wi b oiher acts. yet fAtrc NOR - rni;G seifie-
nself 5~fti0uf resideacc To felt trees. orpio~
or fence the land, or lzy the foundation io-
a house. or 70 doSny otler aet which Clearly
home, will. IL followed By : residence. rive
the psrsy r pre-emption right wrira relsies
bark 10 his drst ac,- No d,f.i.ic iiaie ftAia
trl r. rfsffeHcc ErLs. cf1Ersa-f J. r. -ft D. tie
frIe J. NUT h1rercr. b triffir. srr-s reason
r8ie tilG. ~ o murifcsf e purpose o. comply
lrf.i TIE rrJHfrescgf qf thc trtr md n rciHili
ol.i lnf % ,ihti.dnH f|ic tract n s.-la crss q
Fsgtf icili act tc forfeited Although streve
did not Commence rls delce until ait'r
the date Of McInaes' az, ged ssulenent e
h6d done acts which cons. tLaled hin Z setter
under the law. and he proceeded win SHEA
reasonable diligence . follow up his seti.e-
Ireut BE- i'm proTenslfs atd subseIue resi-
dance. - 10 rebut any inference - bis nad
faith or OF an intent 20 so sndan the tact
He wSs the prior sstTler. and he whol j. such
ard not be who Is the prior resident has the
better pre- empdon Cain
What is reasonable fiiae world be left
to the decision OF the officers o. the
Land Department, when the circnn
stances surrounding the entry and the !
entrynan have been considered. An