Omaha daily bee., 1889-10-04
A DECISION BY JUDGE CROFT,
An Honest Settler Cots the Benefit
of the Doubt,
THE SUPREME BENCH VACANCY.
Michigan Pushing Alfred Russell, or
Detroit, to Fill It-A Wrong Inn
preston Relative to Making
Pension Cases Special
WASHINGTON BUREAU THE OMAHA BEE,
5l3 FOURTEENTH STREET,

5l3 FOURTEENTH STREET,
WAsHINGToN, ID. O., Oct. 3. J
Land Commissioner Croft rendered de.
cison to-day which will put HIM IN favor
with all honest settlers upon the public
domain.
He has inaugurated policy which the
people of the country have long demanded,
that of giving the settlers the benefit of
doubt and time whepever it is shown that he
is clearly honest and not at fault. In re-
versing the decision of the local land officers
at Benson, Mimi, holding for cancellation
the homestead entry of Fred Hanselu, on
the ground that he had abandoned the claim
because he had not "proved up' within SIX
months from date of entry, Commissioner
Croft lays down the principle that the inten-
tion of the settler, his financial condition
and the surrounding circumstances should
be taken into consideration along
with the strict letter of the law.
He believes that where the intent
of the settler is honorable and his poverty or
misfortune makes it impossible for him to
prove and pay up' within six months the
government should not permit others more
fortunate but not more honest to deprive the
original settler of his home till he has had a
chance to establish his good faith with the
government The idea of the government is
to give a homestead to all honest settlers,
and although limit of time is fixed within
which settler must meet certain require
ments the six months rule for homesteaders,
like all rules, has exceptions. Commits
sioner Croft, in his decision, says:
THE claimant was a single man having no
property but yoke of oXen and had to de-
pend upon his own labor for the means TO
purchase lumber for building his house. He
could not get money sufficient for that pur-
pose in time to complete it within six months
from date of entry, but he finished it as soon
as he could and was on his claim in ample
time to put in crop during
the first season in which a crop could be cui-
tivated after he took it. see no bad faith
here and no cause is shown for the cancella-
tion of the entry. The rule requiring the
maker of Il homestead entry to establish an
actual residence upon the land within six
months from the date of his entry, like all
rules, has its exceptions and Is not TO be in
sisted upon where the entryman's good faith
toward the government Is su ulfcOntly shown
or where his acts are not inconsistent with
an honest purpose to comply with the law"
THE SUPREME BENCH VACANCY.
Michigan is making vigorous effort to Sc
cure the vacancy on the bench of the SUI
preme court of the United States made by
the death of Justice Matthews. Several of
her most influential citizens have come here
and in person presented Endorsements of her
aspirants or have employed the telegraph
and mails to advance the work of the state
in that direction. Senator Mcmillan. sue
cessor to Senator Palmer, called at the white
house to-day to talk over the subject with the
president. The senator Is urging the APP
poin of Alfred Russell, of Detroit, an
eminent lawyer, and he is heartily seconded
by his colleague, Senator Stockbridge, and
other statesmen from the state.
Michigan has another candidate for this
place in Judge Brown, but the bulk of the
l,,TN, ;e Of ,An
enth judicial circuit is inclined to insist on
this place. on the ground that siuce the death
of Chief Justice Waite and Justice Stanley
Matthews, the circuit, which is one of the
Ohio has not presented a candidate so far as
known, although she has until recently had
two men on the bench of the supreme court.
A MISREPRESENTATION.
An impression Is maintained by most pen
sion claimants throughout the country rela-
tive to making cases special at the pension
office which operates a great injustice.
There is a belief that IL is only necessary
for u senator, a congressman or other infiu-
ential person to make demand at the pen
sion Office and case is taken out of its reg
ular order and pushed through to completion.
This is a gross error. There have not been
500 cases made special since the 4th of last
March, although it was charged against
Commissioner Tanner that he was making
cases special by the wholesale, and had
order and pushed them through. He was
charged unjustly, During the carly part of the
administration of Commissioner Black cir
cular was issued from tho pension office in
which it was stated that:
SIT is apparent that the expedition Of one
claim must be at the cost of delay to thous-
ands of others, and therefore the discretion
which is lodged in the commissioner must be
exercised with reason and Judgment and he
has published, as prerequisite 10 the favor
a0lo consideration of an application for spe-
cia action, ,that,said application.m set forth
snCh circumstances as Will justify the action
of the commissioner in the minds of those
whose claims will be put back, as extreme
age or threatened dissolution of the claimant
or the dependence of the claimant on charity,
or other special and urgent reasons which
may be particular to the case and which must
be submitted to the discretion of the
commissioner for his approval or disap-
prevail The statements must be verified by
| the oath of the claimant making them or
some reputable party ac'iag for him"
There were many thousands Of demands
soon after the incoming of the present adj
ministration, for special and irregular action
| on pension claims, and it became necessary
even before Commissioner Black retired
from the office, to rigdly enforce the above
order, and it is enforced at this time. IL is
positively asserted in every instance that a
case can not and will not be made special
and taken out of its regular course without
IL is shown that the claimant is either
phySlcally In u prechrlOuS COnultlOn or Is
being supported by public or private charity.
All other applications for pension claims TO
| be made special are rejected, ana no amount
OF influence can change the rule.
IL can readily be seen that whenever the
claim of one pensioner is made special the
work for another claimant must be dropped
In order that the special case can be given
attention, and thus great wrong is wrought
upon one claimant by favoring another uu-
less there are unusual reasons for making
the case special.
The only thing that pensioners can do TO
expedite their claims is 10 complete the testi-
mony IN their cases as rapidly as possible
when they are notified by the pension Office
of what is needed in the way of evidence.
EX-GRAND ARMY COMMANDERS.
In view of the fact that II is generally be.
lieved that President Harrison will select
one of the eex-commanders OF the Grand Army
| To ill the vacant commlssionership of PEN
sons, 1t may be interesting TO know there
have been sixteen commanders Of the Grand
| Army, four of whom are now dead. One Of
| those living, General Charles Devins, is a
| justice of the supreme court of Massachu-
| setts, ex. Governor Hartranft is an insurance
agent IN Pennsylvania, General q. Robinson
] IL on the retired list as brigadier general,
| living at Binghamton, N. Y. General Louis
| Wagner Is director OF public works at
| Philadelphia with a salary of $4,000 per
| year, General Merrill is insurance commis'
| sioner of Massachusetts, General Paul Van
| dervoort is in the postofice department at