The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1888-09-07
CoPP's LAND REVIEW.

Secretary's MISUNDERSTANDING
Decentralization the Foundation
---Entries in Good and Bad Faith.
Ignorance Respecting Legal Re.
quirements, etc.
1t would appear to the casual reader
of decisions by the secretary of the
interior in cases of pre-emption and
committed homestead entries, that
very little regard to consistency. rea-
son or logic is exercised in their prep
aration; but to the careful, analytical
reader, it is quite evident that the de-
cislons are the result of thorough
examination of the minutest details
and that every circumstance connec-
ted with each particular case is care
fully weighed and has bearing on the
conclusion reached.
In some cases the greatest clemency
to be shown to persons who
have, as would appear from casual
examination of the proof offered, been
absent from their. claims for periods
of great length, and whose improve
ments are of the most meagre charac-
ter. In others, where absence from
the claims have been of short dura-
tion and where improvements to the
value of hundreds of dollars have
been placed upon the land, the decis-
ions seem very harsh and to go to the
limit of the law in the severity Of the
requirements made.
Take two such cases and examine
carefully the proof in each. twill be
foundsthat the intention Of the entry
man, as evidenced by his acts and the
circumstances in the case respectively,
is the foundation upon " hich the sec
retary's action rests. The intention to
use the land for the actual purposes of
a home js what constitutes faithful
compliance with the e'spfrit of the pre-
emption aud homestead laws, and the
settler who becauseof poverty, sickness
or other misfortune is unable to place
improvements or be continuously per-
sonally present upon his claim, may
and generally does-have a more ear
nest 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 valuable buildings upon
and cultivate extensive acres of his
claim, while he fits back and forth
between some fayorite resort and the
land covered by his entry, as fancy die
tates, having no actual, bona fide resi-
dence upon the claim. but still being
pers onally present. thereon greater
number of continuous days than his
Gas the world sees them) less fortunate
neighbor. One is struggling in the face
of poverty. sickness and distress to ac-
quire little land which lie may call
his own, upon which his family may
look as home and cease to be wan
derers upon the face of the earth,
while the other is endeavoring to Sc
cure title to tract OF public land for
purposes of speculation that the fat
ness OF his purse may become increas-
ed. The former can. do but little in
way of improvement, while the latter
knows that for every dollar he expends
upon improving his claim he will re-
ceive three in the near future.
The well-to-do are not the only class
who attempt (often successfully to &C
qulre title to public land by mere COM
pliance with the words OF the statute
while ignoring the spirit. The poor
and needy often go and do likewise;
sometimes as private speculations and
again as the paid agents of rich men
who profit by their unlawful practices.
1t is this ferreting out of intention
and judging accordingly that gives to
the secretary's decisions an air of in
consistency, and while it will be i'm
possible to ascertain beyond doubt
in every case the intentions which
prompt mems actions. it is fair to pre-
sumo that the decisions are usually
correct, never without reason, and
where reasonable ground for doubt
appears respecting the intention of a
settler, the settler always receives the
benefit thereof.
HENRY N, COPP.