The White Pine news. [volume] (Treasure City, Nev.) 1868-1906, 1888-08-18
COPP,s LAND REVIEW.
Some Recent Decisions by the secre-
tary Of the Interior-0la Rulings
Rescinded and Creator LiDerality
Toxvard Ga4tIars shown

for granted that the construction of
laws and departmental decisions of the
past have been correct and for the best
interests of ali concerned.
Since the presumption and home
stead laws first became operative, it
has been the rule of the General Land
Office and Department of the Interior
that the laws intended that each set
ler should acquire title to 160 acres of
land, and that where entries we're
emade for parts of fractional sections,
although all of the subdivisions ap-
piled for by the entryman might lie
within the boundry lines of techni-
cal quarter section, the entry must be
restricted to that number of such SUBJ
divisions that nearest approximated
in area the magic 100 acres or nomin-
al quarter section, and In many in
stances settlers have been required,
after having made entries, to relin-
quish some one OF the subdivisions
covered by tEeir entries so that the
excess over 100 acres should be as
small as possible, and frequently un-
der this rule settlers have been forced
to take less than the 160 acres, the
practice being to permit the entry Tor
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 settlers was required to
make payment In cash or its equiyal-
ent IN some kind of LAND Scrip for
the excess rs the surplusage is
technically called, at the rate per acre
ut which the land was rated by the
government.
The Secretary has recently changed
this practice, and a presumption or
homestead settler may now enter all
of the land within the limits of a quar-
ter section as surveyed, regardless of
the quantity, 1t being held that the
language of the "shall be entitled TO
enter one quarter section" means that
quarter section us surveyed may be
entered, and that the references to l60
acres aresmerely explanatory, not re-
striciIye in character, or that they may
apply To entries for subdivisions of
sections not forming a quarter section
as surveyed.
The rule, it would appear, for the
future is to be that settler may enter
all Of any quarter section, regardless
of area, and without payment of excess
but If the 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 payments will
govern.
1t has also been decided that pre-
emptor may not be permitted to sub
divide the land covered by his filing
into town lots and establish places of
business and trade thereon without
waving his right of pre-emption, and
persons so doing will not be permitted
TO make payment for and perfect title
to the land under the presumption
law.
1t 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 railroad grant,
is sufficient to except the land from
the operation of the grant, ami the act
of selection or listing of the lands on
account of the rrilroad grant, confers
no right under the grant and will not
operate to prevent the admission OF an
entry for the land under any of the
laws relating to the disposal ofpublic
lands.
1t is also held with regard to rail-
road grants that land covered by a
pre-emption filing valid on Its face is
excepted from the operation of the
grant.
A pre-emption filing is considered
as the record assertion of claim into
the validity of which railroad COM
pany is precluded from inquiring.
Even the fact that the land has been
awarded to the grant in former con-
troversies involving its status, does
not prevent the Department from
considering the matter and making a
different decision.
HENRY N. Corp.