Sturgis advertiser. (Sturgis, Dakota [S.D.]) 1887-1???, 1888-08-08
CUR WASHINGTON LETTER.

is
Since the -emption and homestead
laws first became operative, it has been
the rule Of the general land office and de-
partment OF the interior that the laws in
tended that each settler should acquire
title to 100 acres of land, and that where
entries were made Tor parts of fractional
sections, although all Of the sub divisions
applied for by tho entryman might lie
within tho boundary lines Of d technical
quarter section, the entry must BIO re-
stricted to that number of such sub -divis-
ions that nearest approxinated in area
the magic $50 acres or nominal quarter
section, and in many instances settlers
have been required, after having made
entries, to relinquish some one Of the sub
divisions covered by their entries SO that
the excess over 100 acres should be as
small as possible, and frequently under
this rule settlers have been forced to take
less than 100 acres, the practice being to
permit the entry for such tracts as come
nearest whether above or below that
acreage.
In homestead entries, where the land
embraced exceeded the area Of 100 acres
the settler was required to make pay
ment in cash or its equivalent in some
kind Of land scrip for the excess, as the
surplusage is technically called, at the
rate per acre at which the land was rated
by the government.
The secretary has recently changed
this practice, and a presumption or home
stead settler may now enter all of the
land within the limits of a quarter sec,
ton as surveyed, regardless of the guam
tity, it being held that the language Of
the law ''shall be entitled to enter one
quarter section means that quarter
section as surveyed may be entered, and
that the references to $50 acres are mere.
Iy explanatory, not restrictive in charac-
ter, OF. that they may apply to entries fol
subdivisions of sections not forming 6
quarter section as surveyed.
The rule, it would appear, for the flu.
ture is to be that settler may enter al
of any quarter section, regardless of area
and without payment of excess; but il
settlement be upon lands not embraced
within the surveyed lines of one quarter
section, then the old rule of restriction as
to area and requirement OF excess pay
monts will govern.
It has also been decided that q pre-.
emptor may not be permitted to sub-di-
vide the land covered by his fling into
town lots and establish places of business
and trade thereon without waiving his
right of presumption, and persons SO do
ing will not be permitted to make pay
ment for and perfect title to the land I'M
der the presumption law.
It is held that a subsisting entry,
though the land may have been aban-
doned by the settler prior to the attach
ment OF rights under a railroad grant, is
sufficient to except the land from the OPP
Grafton Of the grant, and the act of Sc
lection or listing Of the land on account
Of the railroad grant, confers no right
under the grant and will not operate to
prevent the admission of an entry fol-
the land under any Of the laws relating
to the disposal of public lands.
1t is also held with regard to railroad
grants that lands covered by pre-emp-
ton fling valid on its face is excepted
from the operation of the grant.
A presumption filing is considered as
the record assertion of claim into the
validity of which railroad company is
precluded from inquiring. Even the faci
that the land has been awarded to the
grant in former controversies involving
its status, does not prevent the depart
ment from reconsidering the matter and
making different decision.
HENRY N. Corr.
"Colonel" John Henry King and his