National Republican. (Washington City (D.C.)) 1872-1888, 1886-01-30
HOW TO GET PUBLIC LAND.
PRE.EMPTlON, HOMESTEAD, AND TIM.
BER-CULTuRE ENTRIES.
The Modus Operandl Explained by an
Expert, and the Laws on the Subject
Stated. SO That All Can Understand
Their Meaning and Operation.

anu OncThtions
"What are the conditions upon which one
may acquire title to public landsP" a REPUB-
LrcAN reporter asked Of a clerk in the gen
etal land Office.
"Your question, " he replied, "cannot be
answered IN breath. There are number
Of methods provided by law for the dis
posal Of the public domain. Each act or
law contains provisions peculiar to itself,
and the requirements are various"
"Can one purchase land outright from the
government
Eyes, in some localities there are lands
subject to disposal in that way. In the
early days Of our government all the lands,
as rapidly as surveyed, were offered ut pub
lie cutlery under proclamation by the Pres
idcnt, after due advertising, and such
tracts as were offered but not disposed Of
at these public sales were thereafter sub.
ject to what is called private entry. Under
this system, person who desired TO pur-
chase land had only to present his applica-
ton, describing the tracts, and make pay
mcnt for the same at the rate Of Sl25 per
acre. II was never the intention Of the
government to derive profit from the pro.
ceeds Of sales OF lands. The price per acre
was fixed at u figure that II was thought
would compensate the government for the
actual expenditures made for surveying the
lands and transactlng the business In con
neCtiOn with the conveyance Of titles. There
is very little land subject to this class of
entry now. Under laws applicable to Cali
fornia, Oregon, Nevada, and Washington
territory lands valuable chiefly for the timber
upon them or the stone they may contain
are subject to entry, under certain condi-
tons, at $3.50 per acre, in quantities not
exceeding 100 acres to one person An alien
may purchase land at ordinary private entry,
but TO make stone or timber entry the APP
plicant must be citizen Of the United States
by birth or naturalization, or have declared
his intention to become citizen. In the
former no proof is required Before making
an entry Of the latter class the applicant
must submit evidence showing that the land
is unoccupicd, unimproved, unfit for cult
walton, ard valuable mainly for the timber
or stone thereon
"Tcll me something about the prc-emp-
ton laws.n
"They provide that resident upon the
public lands shall have priority Of right to
purchase, within given period, aquantity
or tract not exceeding one hundred and
| to or may avail themselves of the benefits of
the presumption laws are heads Of families,
| widows, or single persons over the age OF
| twenty-One, wGO are citizens Of the United
States or who have declared their intention
| Of becoming citizens, who have not re-
moved from their own lands In the same
state or territory to reside upon the public
lands, and who are not owners Of three
| hundred aud twenty acres Of land In any
| Gfof IN Trt ap ~ Ti IN
the United States the Indian title to which
| has been eXtinguished, surveyed or unsur
veyed, unless reserved by competent
| authority, are subject to settlement under
the presumption laws. Where the lands are
not surveyed, however, no definite proceed
ings can be had as to the completion OF
| title.n
"What should do first II wanted to
| prc-empt quarter sectlonNn
| "Ihe proceedings necessary are, first, tC
| make settlement on the land. BY settlement
| actual residence Is not necessarily under
| stood. Any act that will serve us notice Il
all corners that the tract Is claimed, such as
breaking a part Of the land building d
house or laying u foundation for one, OF
clearing portion OF the tract II II be brus
or timber land, is deemed settlement, bu
before title can be acquired proof must b,
furnished showing that the party has actu
ally resided upon the land and made II hi
exclusive home for a period-not fixed b.
law-of not less than six months, which ha
been adopted by the land department a
sufficient to show good faith. After maxim.
settlement, II the tract Is surveyed Offered
land the party must file with the regste
and receiver for the district In which the Lane
Is situated declaration Of his intention t.
| enter the tract, giving a full and cOrrec
description of the same, within thirty day
from the date OF settlement. IL the land Is sur
veyed, but unoiTered, he must file his de
claratOry statement with the district Lane
officers within three months from settle
| ment, and where the land has not been sur
veyed the filing must be presented within
three months from the date of the receip
at the district land Office of tie approve,
plat of survey Of the township In which hi
claim is situated. When the filing is 70
offered land, the proof OF residence and cul
tivatiOn must be presented and paymen
for the land made within one year from tn
date Of filing. Filings for unoiTered land
within thirty months from the date Of 1t
presentation"
"What do you mean by offered and unoi
fered landsYr
"OfIered lands are those which have bee,
exposed at public sale and not sold. Tn
offered lands are those which have not beef
| so exposed"
|
subject to private entryn
ayes, unless they shall have been with
drawn subsequently in some manner.
any kind of an entry be made for tract o
offered land and afterward Cancelled tn
land ceases to be subject to private pur
chase, but is still considered offered land 81
far as the rules applicable to pre-emptiol
entries are concerned. A presumption
fling-not completed by proof and pay
ment-is not considered as segregating tn
land from the public domain, and does no
take 1t out of the class known us Offered
lands. A mere filing Is not a bar to the al
mission of an entry by some person othe
than the one who made the filing, but an
such entry allowed is subject to the right
of the party who has filed his declarator
statement II the pre-emptor who has hi
claim of record makes the proof and pay
ment required by law within the pero
prescribed, any entry made subject to hi
rights must be Cancelled; should he fail I
do so he would be In great danger of losn
his claim, though In such cases the Ian
Office generally considers the equities an
awards the land to the party In whose bC
half they preponderate.
elias the land department authority /,
decide such cases on equitable principles {?
"That is a question respecting whcl
legal authorities differ. IL Is cOntcnded b.
some that the jurisdiction Of an executive d(
partment is legally confined to the executo
the laws; that no equitable jurisdiction lie
In such department, while others maintain
the more liberal view and contend that tn
land officers have the right, In considerin
; controversies between adverse claimants, {
take cognizanCc Of all phases Of the sam
and base their action upon the legal an
equitable rights of the parties, The praC
J tice of following the latter course has bee
In vogue for so many years that, even II
has not the sanction Of written law, It Ia
become established as an usage, and vii
, probably never be abandoned
"llow are homestead entries made, aut
what is required of the party prior to tn
, issuance Of patent to himgn
"a person to initiate an entry under tn
| al Al