The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1888-09-01
NUMBER 33.
coPP's LAND REVIEW.
Seerefary's Decisioss - Consistency There
fa--Tnf~afsos the Fs.ndsssos--E -Ensrses
De Good ssd had FaisA--Ignersae~ Ne
specfisg Legal Requirements, Etc.

Ii would appear to the casual reader
OF decisions by the Secretary of the In
terror in cases OF pre-emption and COM
muted homestead entries, that very little
regard to consistency, reason or logic is
exercised I'm their preparation but To the
careful, analytical reader, IL il quiet
evident that the decisions are the result
OF thorough examination Of the smallest
details and that every circumstance con-
nected with each particular case Is care
fully weighed and has a bearing upon the
conclusion reached.
In some cases the greatest clemcncy
appears 20 be shown to persons who have,
as would appear from acasual examina-
tion OF heproof offered, been absent from
their claims for periods OF great length,
and whose improvements are of the most
meagre character. In others, where alb
sence from the claims have been Of short
duration and whereimprovement To the
value OF hundreds Of dollars have been
placed upon the land, the decisions seem
very harsh and TO go 90 the limit of the
law in the severity of the requirements
made.
Take two such cases and examine care
fully the proof in each. IL will be found
that the intention OF the entryman, as
evidenced by his acts and the circum-
stances In the cases respectively, is the
foundation upon which the secretary's
action rests. The intention to use the
land for the actual purposes OF a home
il what constitutes faithful compliance
with the spirit OF the pre-emption and
homestead laws, and the settler who be-
cause of poverty, sickness or other mis-
fortune is unable TO place valuable
improvements or be continuously per-
sonally present upon his ,lsiim, may
and generally does-have n more earnest
desire and honest intention to secure the
land for an actual home for himself and
family than the man well-to-do in the
world who, by reason OF his better inan-
cial circumstances, good health and
other advantages, IL able to place val
liable buildings upon and cultivate ex-
tensive acres of his claim, while he fits
back and fourth between some favorite
resort and the land covered by his entry,
as fancy dictates, havingno actual, bona
fde residence upon the claim, but still
being personally present thereon "a greater
number OF continuous days than his las
the world sees them) less fortunate neigh
Dor. One IL struggling in the lace of
poverty, sickness and distress TO acquire
n little land which he may call his own,
upon which his family may look az n
home and cease to be wanderers upon
the face OF the earth, while the other il
endeavoring TO secure title 10 u tract Of
public land for purposes of speculation
that the fatness of his purse may become
increased. The former can do but little
in the way Of Improvement, while the
latter knows that for every dollar he ex-
pends upon improving his claim he viii
receive three In the near future.
The weil-to-do are not the only class
who attempt (often successfully To ac-
quire title To public land by mere com
pliancc with the words 81 the statute
while ignoring the spirit. The poor and
needy often go and do likewise: sometimes
as private speculutions and again as the
paid agents of rich men who profit by
their unlawful practices.
IL IL this ierrct!ng out OF intention and
judging accordingly that gives tn the sec-
retary's decisions an air ofinconsistency,
and while II will bc impossible to ascer-
tain beyond doubt in every case the
intentions which prompt mems actions,
II is fair 20 presume that the decisions
are usually correct, never without reason,
and where reasonable ground for doubt
appears respecting the intention Of n
settler. the settler always receives the
benefit thereof. HENRY Y. Corr.