The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1888-08-11

so,ae Recent D~ctsfons ~ fh~ s~cresNrv 81
the Inferisr-0f Rulings Re~cjnd<d
and Greater LibcraStfN to-
srard Ncfflerx AAesen.

X<((M4
fheInferisr-0td Rulings Re~cjnded
and Greater LibcraStfB to
ssard SETTLERS shes~s.
Secretary Villas seems not ~ take IL
for granted that the constructions oilaw
and departmental decisions Of the past
have been correct and for the best inter-
ests Of all concerned.
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 theta
intended that each settler should nc
quire title to 100 acres OF land, and that
where entries were made FOR parts OF
fractional sections, although all OF the
subdivisions appliedfo by theentryman
might lie within the boundary lines Of n
technical quarter section, the entry must
be restricted to that number OF such
subdivisions that nearest Appropriated
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 covered by their en-
tries so that the excess over 100 acres
should be az small as possible, and fire.
quently under this rule settlers have
been forced to take less than $50 acres,
the practice being to permit the entry
for such tracts as come nearest--whether
above or below that acreage.
In homestead entries, where the land
embraced exceeded the area OF 100 acres
the settler was required To make pay.
ment In cash OF It's equivalent in some
kind OF Land Scrip" for the 'excess,
ms the surplusage il technically called, al
the rate per acre at which the land wac
rated by the government.
The secretary has recently changed thi,
practice, and presumption or home
settler may now enter all the land within
the limits OF a quarter section assurvey
cd, regardless OF quantity, II being helt
that the language Of the law 'shall been
titled to enter one quarter section
means that a quarter section IA surveyed
may be entered and that the reference t.
160 acres are merely explanatory, no
restrictive in character or that may ap
ply to entries forsub-divisions ofsection
notforminga quarter section az surveyed
The rule, IL would appear, Tor the futur
is To be that n settler may enter all q
any quarter section, regardless OF area
and without payment ofexcess; butii tn
settlement he upon lands not embraces
within the surveyed lines OF one quartz
secticn, then the old rule OF restriction "A
To area and requirement OF excess pay
ments will govern.
IL has also been decided thata pre-emT
tor may not be permitted to sub-divid
the land covered by his filing into tow
lots and establish places of business an
trade thereon without waving his RICH
Of presumption, and persons 80 doing wi
not be permitted TO make payment 10
and perfect title to the land under til
presumption law.
1t is held thata subsisting ENTRY. thong
the land may have been abandoned b
the settler prior TO the attachment I
rights under railroad grant, is sufiicier
to except the land from the operation I
the grant, and the act OF selection {
listing OF the land on account OF the RAJ
road grant, confers no right under u
grant and will not operate oprevent Il
admission Of an entry for the land und
any Of the laws relating to the dispos
Of public lands.
II il also held with regard TO railrol
grants that land covered by u pre-em
ton filing valid on its lace is except'
from the operation OF the grant.
presumption filing IL considered
the record assertion OF a claim into Z
validity Of which railroad company
precluded from inquiring. Even the In
that the land has been awarded To :
grant in former controversies involvi
it's status, does not prevent the depal
ment from reconsidering the matter al
making different decision.
HENRY N. Corp
- -