Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1888-09-01
SATURDAY SEPTEMBER /, 1883


1t would appear to the casual reader
of decisions by the secretary of the In
terror in cases of pre-emption and COM
mnted homestead entries, that very |
little regard to consistency, reason or
logic is exercised in their preparation
bat to the careful, analytical reader, it
ia quite evident that the decisions are
the result OF thorough examination Of
the smallest details and that every cir
cdmstance connected with each par
,.c,lar case is carefully weighed and has
a bearing upon the conclusion reached.
In some cases the greatest clemency
appears to be shown to persons who
have, as would appear from a casual
examination Of the proof offered, been
absent from their claims for periods of
great length, and whose improvements
are of the most meagre character. In
others, where absence from the claims
have been of short duration and where
improvements to the value of hundreds
Of dollars have been placed upon the
land, the decisions seem very harsh and
to 90 to the limits Of the law in the
severity of the requirements made.
Take two such cases and examine care
fully the p%roofin each. twill be found
that the intention Of the entrymen, 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 home
is 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 i'm
provements or be continuously person.
ally present upon his claim, may-and
generally does-have a more earnest
desire and honest intention to secure
the land for an actual home for himself
and family than the man we'll to do in
the world who, by reason of his better
financial circumstances, good health and
other advantages, is able to place valu-
able buildings upon and cultivate ex-
tensive acres of his claim, while he fits
back and forth between some favorite
resort and the land covered by his en-
try, as fancy dictates, having no actual,
bona fide residence upon the claim, but
still being personally present thereon a
greater number Of continuous days than
his las the world sees them less for
tunate neighbor. One is struggling in
: the face Of poverty, sickness and distress
to acquire a little land which he may
call his own, upon which his 'amily
may look as a home and cease to be
wanderers upon the face of the earth,
while the other is ~endeavoring to secure
title to a tract ofpublic land for purposes
Of speculation that the fairness 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 expends upon
improving his claim he will receive
three in the near future.
The well-to-do are not the only class
who attempt (often successfully to &C,
quire title to public land by mere com.
pliancc with the words OF the statute
while ignoring the spirit. The poor and
needy often 60 aud do likewise some
times as private speculations and AGAR
rs the paid agents of rich men who
profit by their unlawful practices.
1t is this ferreting out of intention
and Judging accordingly that gives tC
the secretary's decisions an air of in
consistency, and while it will be i'm,
possible to ascertain beyond a doubt il
every case the intentions which prompr
mems actions, ii is fair to presume thai
the decisions are usually correct, never
without reason, and where a reasonable
ground for doubt appears respecting the
intention of a settler, the settler always
receives the benefit thereof.
Henry n. Corp.