Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1888-09-01
COPP'S LAND REVIEW.
Secretary's Decisions - Consistency
Decentralization the Foundation
Entries In Good and bad Eaith-lg-
nOrance Respecting Legal Require
mnAnfa etc


Entries in Good and bad Faith-Ig-
nOrance Respecting Legal Require
ments, etc.
1t would appear to the casual reader Of
decisions by the Secretary Of the Interior in
cases of pre- emption and committed home.
stead entries, that very little regard to con-
sisteucy, reason or logic is exercised in their
preparation; but to the careful, analytical
reader, 1t is quite evident that the decisions
are the result Of thorough examination of the
smallest details and that every circumstance
connected with each particular case is care.
fully weighed and has a bearing upon the
| conclusion reached.
In some cases the greatest clemency ap-
peers 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 char
acter. 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 go to the
limit of the law in the severity of the requir-
ments made.
| Take two such cases and examine carefully
the proof in each. 1t will be found that the
tnfeNti0H of the entryman, as evidenced by
his acts and the circumstances in the cases
| e ~ Ich
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 home
stead laws, and the settler who because Of
poverty, sickness, or other misfortune is una
BILE to place valuable Improvements or be
continuously present upon his claim, may
and generally does-have more earnest de-
| sire and honest intention to secure the land
| for an actual home for himself and family
| than the man we'll DIDO 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 favorite resort
and the land covered by his entry, as fancy
dictates, having no actual, bona fae residence
upon the claim, but still being personally
present thereon greater number OF contlnu-
days than his Gas the world sees them) less
fortunate neighbor. One is struggling in the
face of poverty, sickness and DISTRESS 10 &C
quire little land which he may call his own,
upon which his family may look as home
and cease to be wanderers upon the face Of
the earth, while the other is endeavoring to
secure title to tract Of public land for pur.
poses 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 Ito do are not the only class who
attempt (of,en successfully to acquire title
to public land by mere compliance with the
words OF the statute, while ignoring the
| spirit. The poor and needy often 60 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 Score
tary's decisions an air Of inconsistency, and
while it will be impossible to ascertain be-
You'd a doubt in every case the intentions
which prompt mems actions, 1t is fair to pre-
sumo that the decisions are usually correct,
never withou. reason, and where a reasona-
BILE ground for doubt appears respecting the
intention of settler, the settle always re.
ceives the benefits thereof.
HENRY N. Corp.