Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1888-08-11

Some Recent Decisions by the Secre-
tary OF the InteriOr-OId Rulings
ReScinded and Greater Liberaiity
Toward Settlers shown.

Secretary Villas seems not to take it for
granted that the constructions Of law and
departmental decisions of the past have been
correct and for the best interests Of all con-
cerned.
Since the presumption 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 the title to 100
acres of land, and that where entries were
made for parts of fractional sections, al.
though all of the sub divisions applied for by
the entryman might lie within the boundary
lines of a technical quarter section, the en-
try must be restricted to that number of such
divisions that nearest approxlmated in
area the magic 100 acres or nominal quarter
section, and in many instances settlers have
been required, after having made entries, to
relinquish some one Of the subdivisions GOV.
cred by their entries SO that the excess over
100 acres should be as small as possible,
and frequently under this rule settlers have
been forced to take less than the 100 acres,
the practice being to permit the entry for
such tracts as come nearest-whether above
or below that acreage.
In homestead entries, when the land en-
braced exceeded the area of 100 acres, the
settler was required to make payment in
cash or its equivalent in some kind of Gland
Scrip" for the "excess," as the surplusage is
technically called, at the rate per acre at
which the land was rated by the govern.
ment. S..
The Secretary has recently changed this
practice, and a presumption or homestead
settler may now enter all of the land within
the limits Of quarter section as surveyed,
regardless of the quantity, it being held that
the language Of the law "shall be entitled
to enter one quarter section" means that a
quarter section as surveyed may be entered,
and that the references to 100 acres are
merely explanatory, not restrictive IN char
acter, or that they may apply to entries Tor
sub divisions of sections not forming quar-
ter section as surveyed.
The rule, it would appear, for the future
is to be that settler may enter all OF any
quarter section, regardless Of area, and
without payment of excess; but if the settle
ment be upon lands not embraced within the
surveyed lines of one quarter section, then
the old rule of restriction as to area and re-
quirement of excess payments will govern.
1t has also been decided that pre-emptor
may not be permitted to sub-divde the land
covered by his filing into town lots and es-
tabish places of business and trade thereon
without waving his right of Exemption,
and persons SO doing will not be permitted
to make payments for and perfect title to
the land under the Exemption law.
1t is held that a subsiSting entry, though
the land may have been abandoned by the
settler prior to the attachment of rights un.
der railroad grant, is sufficient to except
the land from the operation Of the grant,
and the act Of selection or listing of the land
on account of the railroad 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 a pre-emption
filing valid on its face is excepted from the
operation Of the grant.
| A pre- emption filing is considered as the
record assertion of claim into the validity
of which a railroad company is precluded
from inquiring. Even the fact that the land
has been awarded to the grant in former con.
troversies involving its status, does not pre-
vent the Department from reconsidering the
matter and making different decision.
HENRY N. CoPP.