The Delta independent., 1888-08-14
Copp's Land Review.
SOME RECENT DECISIONS BY THE sECRE-
TARY OF THE INrERIoR-oLD RULINGS
REsCINDED AND GREATER .LIBERALITY
TOWARD SETTLERS SHOWN.

Secretary Villas seems not to take it for
granted that the constructions of law and de-
partment decisions of the past have been cor
rect and for the hes. interests of all concerned.
Since the pre-emption and homestead 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
settler should acquire title to 100 acres of
lend, and that where entries were made for
parts of fractional sections although all OF the
subdivisions applied for by the entry-man
might be within the technical quarter section,
the entry must be restricted to that number
ofsuch subdivisions that nearest approxi-
mated in area the magic 100 acres or nominal
quarter section, and in many instances set
tiers have been required, after shaving made
entries, TO relinquish some one of the subdi-
visions covered by their entries so that the
excess over 100 acres should be as small as
possible, and frequently under this rule set
tiers 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.
III iiothestedu eiltTies, WIicTe the IlnV EN-
braced exceeded the area of 100 acres, the set
tier was required to make payment 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 pre-emption or homestead set
tier may now enter all of the land within the
limits of a quarter section as surveyed, re-
gardles of the quantity, it being held that
the language of the law "shall be entitled to
enter one quarter section" means that quar-
ter section as surveyed may be entered, and
that the reference to 100 acres are merely ex.
that they may apply to entries for sub-divi-
sions OF sections not forming a aguarter section
as surveyed.
The rule, it would appear, for the future is
to be that settler may enter all of any quar-
ter section, regardless of area, and withou.
payment of excess; but if the settlement be
upon lands not embraced within the surveyed
of restriction as to area and requirement of
excess payments will govern.
n 1t has also been decided that pre.emptor
may not be permitted to sub-diyide the land
covered by his filling into town lots and es-
tablish places of business and trade thereon
without waving his right of pre-emption,
and persons doing will not be permitted to
make payment for and perfect title to the
land under the pre-emption Law.
1t is held that subsisting entry, though
the land may have been abandoned by the
settler prior to to the attachment of rights
under a railroad grant, is sufficient to ex-
enpt the land from the operation Of the grant
and the act Of selecting or listing of the land
on account Of the raiirond 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
of public lands.
1t is also held with regard to railroad grants
that land covered by pre.emption filing
valid on its face is excepted from the opera.
tion of the grant.
a pre-emption Cling il considered as the
record assertion of claim into the validity of
which railroad company is precluded from
inquiring. Even the fact that the land has
been awarded to the grant in former contro-
versies involving its status, does not prevent
the Department from reconsidering the mat
ter and making different decision.
HENRY n. Corr.