Great Falls tribune. [volume] (Great Falls, Mont.) 1887-1890, 1888-04-04
GREAT FALLS TRIBUNE.
WEDNESDAY, APRIL 81 1885,
Senlii-N eek|y
THE HOMESTEAD LAW.

The decision of Secretary Villas in the
case of William A. Thompson, comes op.
portunely when people are setting theiI
faces westward to acquire homes in that
vast domain which still remains for the
benefit of those who will avail themselves
of it. Mr.. Villas describes clearly the
circumstances under which he awards
the patent despite the adverse decision
Of Mr.. Sparks which was made July 8,
1885. He says that Thompson "made his
declaratory statement on April 90, 1888,
alleging settlement week before, and
shows that he made it. 1t appears tina
he Was absent during most of the follow
ing summer, that he was on the land from
fall until the following spring, absent
again during the succeeding spring, again
on the land from fall until spring and
not absent six months at any one time;
that he applied the proceeds of his la
Dor during the two seasons when he was
absent to the building Of his house and
HlhhluH improvements vi LID Aullus IOh
valued altogether at $780, that he was a
poor man and his absence. was for the
purpose of earning the means to improve
his land and that he devoted all the fruits
Of his earnings with fidelity to that pur-
pose" These details are noteworthy be-
cause they correspond with those Of men
If oil hO tn1 h oeto RI
with the intention Of paying their way
by field labor elsewhere during the sum
mer. Such persons are those for whom
the homestead law was mainly intended.
They are entitled to more consideration
than settlers whose means enable them
to reside on the ranch without rendering
any help to the neighbors in saving their
crops.
Regarding the subsequent circumstances
Mr.. Villas says: SIN the spring of the
third year he left again and remained alb
sent until the following January, his pur-
pose being to earn sufficient money to pay
the government for his land. The
amount necessary was 5000, a consider
able sum for laborer to save from his
wages during a year, in addition to the
necessary fees and expenses. He APP
pears to have done it and notwithstand- |
ing he was not personally present upon
his land during the last six months pre-
ceeding the completion of his entry, the
fact cannot deny his right. He, made "a
settlement in person. on this land and
has erected dwelling thereon. He has
improved the land and he has inhabited
it in good faith"
The last two sentences in this decision
are sound law and sound sense. They
will carry hope to thousands who
feared that some technical omission might |
have rendered their claim invalid. They |
ought to remove all misgivings on the
part of the people who have regarded
homestead law as full of pitfalls for set
tiers, who might be compelled to leave
their land for awhile. In concluding
this decision, whose terseness and clear
ness are commendable, Mr.. Villas says:
"When it is considered that this tract was
situated many miles from the ordinary
and remote from settlements
generally, that it is very difficult of access
and yet that he has persistently clung to
it for three years, applying all the results
Of his labors to its improvement and its
purchase, it is difficult to discern case
more worthy of being found marked by |
good faith. 1t is marked by good faith
His 'inhabltancy' of the land is not i'm
peached after his residence was once Sc
cured by his going abroad to procure
means to bring back there to improve it |
and obtain title to 1T. I must reverse
your decision and direct patent to issue
to the claimant" It will be seen from |
this that Mr.. Villas interprets the law in a
liberal sense, and takes into account the
peculiar to western life.
His policy strikes fatal blow at the oc-
cupation of the Soonest" lawyer who
tries to deprive people of land which
they have acquired for settlement and
Henceforth, the home
stead law will be as its trainers intended,
! broad beneficent measure to promote
he settlement of the country.