Arizona weekly citizen., 1888-09-01
OOPP,S LAND REVIEW.


 sscretAry's Dsoisions-C -Consisteney the rein -Ints.tion the Foundatton=Entriss in Good and Bad Faith Ignorance Rsspset-
 Ing Legal Requirement.. etc.
 | It would appear to the casual reader
 of decisions by the Secretary of tha In
 terror ia cases of pre-emption and com muted homestead entries, that very little
 regard to consistency. reason or logic is
 exsr oised m their preparation; rbut to
 the careful, analytical reader, n is qaits
 evident that the decisions are the result
 of thorough examination of the smallest details and that every cHcumstsnce con uecsed with each particular case is care fully weighed and has 6 bearing upon the conclusion reached.
 In soma eases the greatest clsmenoy appears to be shown to persons who have. as would appear from casual exsmina- ton of ihs proof offered, been absent from their ciains for periods of great lessth, and whose improvements are of the most meagre character. In others, where absence frorthe claims have been of short duration and where improve
 aents to the value Of hundrsds of dol lars have been placed upon the land. the [decsions seem very harsh and so go to the limit of the law in the severity of the requirements made. --
 1ake two such cases and examine care fnily the proof in each It will be found thAi the intention of the entrymsu, ss evidenced by his acts and the circum- stances m the cases respectively, is the foundation upon which the Seoretary's action rssts. The intention to use the land Tor the actual purposes of a home IS what constitutes faithful compliance with the spirit of the pre-emption and homestead laws. and the settler who be- cause Of poverty, nokness or other mis- fortune Is unable to place valuable i'm provements or be continuously person ally present upon his claim, may-snd generally doss-have Q more earnest de- sire and honest intention to secare the land for an actual home for himself and family than the man iwell-to-do in the world who, by reason of his better finan- sial oircumstances, good health and other advantages, is able to plsce val usble buildings upon and cultivate ex- tensive acres of his claim; while be 2its back and forth between some iavorIte re- sort and the land covered by his entry, as fancy dictates, having DO actual. bons fde residence upon the claim, but still h greater number of continuous days than bis (ss the world sees them) less fortunate neighbor. One is struggling in the fscs of poverty, sickness and distress to ae- quirs little land Ahich he may call his own, upon which his family may look as . home and cease Co be wanderers upon the face of the earth, while the other Is endesyoring to secure title to tract -of pu blic land for purposes of speculation thst the fsinsss of his purse may become Increased. The former can do but little in the way of improvement. while the latter knovs that for every dollar be eH- pend upon improving bis claim be will receive three in the near future.
 Jhe vell-to-do are not the only class who attempt (otten successfully to ac quire title to public land by mere com phsnce with ihe words of the statute while ignoring the spirit. The poor and needy often 90 snd do likewise; some iimes ss private speculstions and again e the paid agent of rich men who pro fi by their unlawful practices,
 It is this ferreting out of intention ard iudginR accordingly that gives so the Secfetsry's decisions an ar Of inoonsis- tsncy, and while it will be impossible to ascertain beyond @ doubt in every case the intentions which prompt men's sc iIons, it is fair to presume tbst the de elsions are usually correct. never with out reason. and where 8 reasonable ground for doubt appears respecting ths intention of e settler, the settler always receives inc benefit thereof.
 HRsEI N. Corr.