Sturgis advertiser. (Sturgis, Dakota [S.D.]) 1887-1???, 1888-07-25
OUR WASHINGTON LETTER.

Secretary Villas has recently made
some important decisions upon the ques-
tions respecting rights of mortgages,
assignees, etc., Of homestead and pre-
emption entrymen, where defects in pub
LEGATION of notice of intention to make
final proof, and in the proof itself, have
been discovered long after the issuance
Of final certificate.
In one case the entryman's testimony
was eyasive, tending to prove bad faith,
and it could not be determined by
the proof what actual time had been
spent on the land or how great had been
the periods of absence. The commits
sioner of the general land Office held the
entry for cancellation, because it was
considered ian attempt to obtain title to
the land through fraud and in evasion Of
law" The entryman failed to appeal,
and an appeal was presented by the
mortgage. The commissioner refused
to recognize the mortgage as "a party
interested in the matter, and on appeal
to him the secretary held that the
claimant, not having appealed, is
barred, the mortgage should be permit
ted to submit supplementary proof re-
garding claimants residence and good
faith prior to the issuance of final Ger
tifcate," and he allowed such action to
be taken within sixty days.
In another case, the land having been
enormously described in the published
notice of intention to make final proof,
through no fault of the entryman, and
the land having been conveyed to anoth-
er, and the entryman's address being
unknown, the secretary held that the
rights OF the grantee may be protected
and the defect cured by the subsequent
publication by the register and receiver
Of notice inviting protest against the
issuance Of patent on the entry, and if
no protest be made, giving reasons why
the proof already made should not be
accepted, patent should be issued.
In another case the publication of no.
tice of intention to make proof was reg
ular, the claimant and his witnesses APP
peared at the place on the day fixed for
making proof, but record evidence Of
claimants declaration of intention to be-
come citizen was not at hand, and the
register and receiver granted him time
to procure the evidence, telling him to
come in whenever he could produce the
same and make proof, fixing no specific
day for that purpose. The proof was
duly made several weeks after the day
advertised, and the entryman sold the
land at once, and died little more than
year afterward. About year after
the death of the entryman the commits
sioner rejected the final proof because
not made on the day advertised, and re-
quired the entryman to give new notice,
when if no protest should be filed the
proof already made should be accepted.
The secretary dispenses with this re-
quirement and directs that the entry be
referred to the board Of equitable adj
judication.
In my first letter stated that neither
the public land bill (known as the Hol-
man billy nor the railroad forfeiture act
would be likely to pass both houses of
congress at this session. Notwithstand-
ing the fact that both measures have
gone through the house, I still adhere
] to that statement
Senate bill 1888, known as the Stew
art bill, amending the mining law in
several respects, will not pass at this ses-
sion of congress. Interested parties
should study this bill and call the atten-
tion of their congressman to defects be-
fore it becomes law.
An effort is being made to bring about
an adjournment Of congress not later
than August 15, and viii probably sue
coed. HENRY N. Corr.