Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1888-10-12
Cops Land Review.
MR.. HOLMAN'S SUSPENSION BILL-A
CASE IN WHICH GOOD FAITH WINS

| CASE IN WHICH GOOD FAITH WINS
THE DAY.
Mr.. Holman's bill to suspend the
operation of the public land laws,
which formed the subject of my last
letter, has not yet emerged from the
room of the Committee on Public
Lands, where it was sent at the time
OF its introduction. Whether it will
be passed by the House Of Representa-
tives or not is an open question, some
members expressing the opinion that
it will, while others assert the con-
trary. One member Of the committee
is strongly inclined to the opinion
that tie bill viii @bes debated lin the
committee room, and those having
the interests of the great Northwest at
heart should hope that his opinion
will prove correct.
A case WAS decided by the Assistant
Secretary of the Interior few days
ago which illustrates the theory that it
is good faith that counts in perfecting
entries under the pre-emption and
Homestead laws.
Lafayette Grim, Of the Niobrara Land
District, Nebraska, filed his declara-
tory statement May %, 1856, alleging
settlement the day before. He estab-
lished an actual residence on the land
with his family June l, following.
On January IL, ISS7-seven months
and ten days from beginning residence
-he submitted his proof AMI offered
payment for the land, the proof show
ing that his family had been contin-
uously upon the land from the date
when the residence thereon was first
established, but that Grim has person
ally been absent from the land ut
work for two months during the time.
The total valuation OF Improvements
was thirty-tive dollars.
The Register and Receiver rejected
the proof and refused to allow him to
enter the land on the ground that his
improvements were SO meagre and
because the law does not permit alb
sence from the land during the six
months preceding proof. This deci-
sion was affirmed by the Commissioner
(Sparks) of the General Land Office,
and the filing was held for eancella-
ton.
On appeal, Mr.. Muldrow, Acting
Secretary of the Interior, found that
the improvements, as described by the
claimant and his witnesses, were quite
as good as those usually made by pre-
emption claimants, and that the
furnishing OF his house indicated an
intention to make a permanent home,
and that the valuation of the improve
ments at $35 was very modest; so, in
view of the evident good faith of the
claimant, he ordered the final papers
to issue.
From this it is to be inferred that
the Department will not permit the
fixing of minimum of improvements,
and that officers in passing upon the
sufficiency of proof must use discre-
ton, and act in such case in accord
ance with the law and the facts so that
justice may be done to all; in other
words, they must, like the Mikado,
in Gilbert 4 Sullivan's operetta, "let
the punishment be the crime"
The bill introduced by Mr.. Holman
on August 28th, entitled "A bill to sus-
pend ell laws touching the disposal of
public lands except under the home
stead law, and for other purposes" to
which reference has twice been made
by me, came up for action in the House
of Representative on the 21st ult., and
was most thoroughly pruned.
The entire first section of the bill, as
originally presented by Mr.. Holman,
was stricken out, which removed near
ly all of the provision against which
objections were directed, leaving only
that portion relating to railroad grants.
The public land laws will continue
to be executed as heretofore. Persons
who have made pre-emption filings and
timber-culture entries may legally per-
feet title. Those who made homestead
entries with the understanding that
they could commute the same to cash
at any time after the expiration Of six
months from date of entry, will be
permitted to complete the same in ac-
cordance with the terms OF their con-
tracts, and persons who accepted
pledges of the Government, redeema-
BILE in public land for waivers Of valid
and valuable claims, may continue to
locate their scrip.
The people of the great Northwest
are to be congratulated upon the es-
cape they have. experienced, as nothing
could have more seriously injured the
growth of their section than the pas
sage of the bill as introduced.
The bill was so changed that the IT,
tie was found inapplicable and "A bill
relating to railroad grants" was SUBJ
stituted. 1t simply provides that dur
ing the pending. of the measures now
before Congress in relation to the for
feiture of certain lands heretofore
granted by Congress to railroad corpo-
rations and thereafter, no act done or
performed by any such corporation
shall in anywise enlarge the right or
claim of any such corporation to any
lands covered by any such grant, or
diminish any right now existing in the
United States to declare the forfeiture
thereof. This provision shall not be
construed to in anywise affect or di-
minish or waive any right now exist
ing in behalf of the United States to
declare the forfeiture Of any Of the
Ilands embraced in any such grant.