Omaha daily bee., 1889-10-05
GRnFrSaFtRSr DECISION.

The first decision OF Judge Croft as
commissioner OF the general land Office
Is OF more than local importance. II
does more than settle disputed entry
OF poor hoinesteader IN Minnesota to
to whom it confirms the title OF his
claim assailcd on flimsy technicality
of the law. Ii sounds the note which
tho present administration proposes to
itself 70 adopt in dealing with land en-
tries in the west and gives welcome
earnest that equity is TO take the place
OF that inHexiblo and often cruel legal
construction which prevailed toward
western homesteaders during the last
administration. For this reason Judge
Groff's first decision has been sent
broadcast by the press throughout the
country as one OF national interest. In
its far-reaching effect 1t will bring re-
lief to the honest settlers in all the
states and territories where the process
OF turning the prairie into the farm
under the operations of the general land
laws is still in progress.
The commissioner OF the general land
Office was fortunate in the case pre-
seuted. II involved the cancellation OF
a homestead entry because the settler, a
wretchedly poor man, was unable to
finish his house on his claim in the
six months within which the law re-
quired settlement to be made. The
proof showed that he worked hard TO
earn money to buy his lumber, finally
erected his home and put in his crop,
finishing the required work n short
time after the date fixed by the statute.
Judge Croft in his decision denies that
any reasonable cause is shown for the
cancellation of the entry, and lays
down the following important rule by
which the land office will be bound in
the future in dealing with kindred
cases:
The rule requiring the maker of home
stead entry to establish an actual residence
upon the land within six months from the
date of his entry, like all rules, has its excep-
tions and is not to be insisted upon where
the entryman's good faith toward the gov
ernment is sufficiently shown or where his
acts are not inconsistent with an honest pur-
+ pose to comply with the law.
The decision is ch {, one as m light
have been expected from Lewis a.
Croft. 1t is based on an equitable in
| depreciation of the intent OF the stat
ute aud not upon an unyielding appli-
| cation OF it's letter, regardless of Cir
| cumstnnces. AS such it is in the line
| of liberal construction Of the land
laws for the benefit of the honestly un-
fortunate, while leaving the land Office
| free to construe them rigidly a:
| against the dishonest and the land
| grabbers.
There will be general feel
ing OF relief throughout the wes
over the assurance thus giver
bv Judge Croft that the general lane
office need not be looked upon as an in
strument for the oppression of indi
viduals or as an engine fo
the suppression of western de
velopment. The specific case decided
is an interesting one, but it's interest il
small beside the ruling which its de
termination called forth and infinites
imal in comparison with the broad ant
liberal and equitable disposition which
in it's consideration the general Lane
commissioner has evidenced toward
the west. western interests and the set
tlement OF the frontier That Judg
Croft will prove equally capable of deal
ing with still larger subjects when pre-
sented for his determination, no on
who knows his patient industry and hi
sterling integrity will doubt for
| moment.