Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1888-07-27

| PRE-EMPTION LAWS IN CASE OF DEFEC-
| TIVE FINAL PROOF-PROGRESs OF LEG
IsLATION.
Secretary Villas has recently made
some important decisions upon the
questions respecting rights of mort
gagees, assignees, ETC., of homestead
and pre-emption entrymen, where de-
fects in publication OF notice of inten-
ton to make final Hyoof,; And in the
proof itself, have bS1A discovered long
after the issuance of final certificate.
In one case the entrymen's testi-
mony was evasive, tending to prove
bad faith, and it could not be deter
mined by the proof what actual time
had been spent ON the land or how
great had been the periods Of absence.
The Commissioner of the General Land
Office held the entry for cancellation,
because it Was considered an attempt
to obtain title to the land through
fraud and an evasion of law" The
entryman failed to appeal, and an ap-
peal was presented by the mortgage.
The Commissioner refused 10 recognize
the mortgage as a party interested in
the matter, and ON appeal to him the
Secretary held that the claimant,
not having appealed, is barred, the
mortgage should be permitted to sub
init supplementary proof regarding
claimants residence and good faith
prior to the issuance of final certifi-
cate" and he allowed such action to
be taken within sixty days.
In another case, the land having
been enormously described in the pub
lished notice of intention to make final
proof, through no fault of the entry
man, and the land having been con-
veyed to another, and the entryman's
address being unknown, the Secretary
held that the rights of the grantee
may be protected and the defect cured
by the subsequent publication bv the
Register and Receiver of a notice invit-
ing protest against the issuance of pat
ent on the entry, and if no protest be
made, giving reasons why the proof al
ready made should not be accepted,
patent should be issued.
In another case the publication Of
notice Of intention to make proof was
regular, the claimant and his witnesses
appeared ut the place and on the day
fixed for making proof, but record evi-
dence of claimants declaration of in
tention to become citizen was not ut
hand, and the Register and Receiver
granted him time to procure the evil
dence, telling him to come in when
ever he could produce the same and
make proof, fixing no specific day for
that purpose. The proof was duly
made several weeks after the day ad.
vertised, and the entryman sold the
land at once, and died little more
than year afterward. About q year
after the death of the entryman the
Commissioner rejected the final proof
because not made on the day adver-
tised, and required the entryman to
give new notice, when, if no protest
should be fled, the proof already made
should be accepted. The Secretary
dispenses with this requirement and
directs that the entry be referred to
the Board Of Equitable Adjudication.
In my first letter l stated that neith-
er the Public Land Bill (known as the
Holman BilD nor the Railroad For
feiture Act would be likely to pass
both honses of Congress at this ses-
sion. Notwithstanding the fact that
both measures have gone through the
House, still adhere to that state
ment.
Senate Bill 1888, known - the
Stewart Bill, amending the mining law
in several respects, will not pass at
this session of Congress. Interested
parties should study this bill and call
the attention Of their Congressman to
defects before it becomes . law.
An effort is being made to bring
about an adjournment Of Congress not
later than August Is, and will proba-
bly, succeed.