, 1889-11-28
THE PRE-EMPTION ACT.

The enabling act which provided
for the admission of Washington as
q state makes provision for setting
apart large amount of public land
of the state for schools, capital build
ings and charitable purposes, which
are to take the place of lands here
tofore granted to the state by section
eight of the pre-emption act of 1S41.
The section which makes this pro-
vision is In the folio wing language:
'"rhat In lieu of the grant of lands
for purposes of internal improve
ment made to new states by the
eighth section of the act of Septem-
ber A, 1S4l, which act is hereby re-
pealed as to the states provided for
by this act"
Under this provision the question
naturally arises, Has the pre-emp-
tion act of 1S4l been repealed In so
far as II relates to the state of
Washington? One would natur-
ally infer from the language used
that 1t was the intention of congress
to repeal section eight instead of
the act itself, and that the word
''actn was inadvertently used in
place of the word "section." 1t has
been the policy of the courts to as
certain, If possible, the actual intent
and object of statutes, and give force
to the true purpose rather than to
erroneous verbiage. In this in
stance it would seem that such a
construction would be proper.
There can be no question as to the
validity of the claims of those who
have perfected their entries under
the pre-emption law before the date
of the approval of the enabling act.
The only doubtful cases, If any,
are those that have been filed since
the passage and approval of the ell
abling act. AS to these it is be-
lieved that congress will see that
the government keeps its contracts
with all intending settlers in case 1t
is finally decided that the pre-emp-
ton act has been repealed.
For several years various bills
have been introduced for the pur-
pose of repeating this act, but in
each case the committees on public
lands have not taken sufficient in
terest in the matter to secure its re-
peal. Under these circumstances it
would seem at least probable that If
IL was the intent of congress to re-
peal this act, matter ofso great inn
portance, it would have been made
known at the time of the passage of
the enabling act.
Many members of congress from
Eastern states who know but little
about the practical operation of the
land laws have been clamoring for
the repeal of the pre-emption law.
Such men have little if any concep.
ton of the value of this act to the
unsettled West. Under its provi-
sions 1t allows every head of family
16O acres of land, who in good faith
cultivates and improves the land
for a home. In most instances the
required expenditure is all the land
is worth.
To Eastern people the small con-
sideration is an inducement to come
West and take up land. 1t is
safe to say that this one
act has done more to encourage
immigration to the agricultural
districts of the West than anything
else. The result Is found in the de-
velopment of an agricultural wealth
which surpasses anything of the
kind to he found in the East.
The claim that the privileges
guaranteed by this act are abused by
dishonest spectators is not well
founded. Dishonest men are found
who take advantage OF other laws,
and of all laws, if they have the
opportunity, but it does not neces.
sarily follow that all laws must be
repealed because dishonest men are
not law abiding. As rule these
settlers are the most substantial and
law-abiding citizens we have.
Their good faith in settling and
improving this country has resulted
i'm the foundation of common.
wealth equal in importance with
many of the Eastern states. The
state of Washington is the result
of their efforts. Every acre
of improved land increases the
wealth of the nation. So long a.
there are millions of acres of unim
proved lands awaiting the hand ol
the settler, the pre-emption law
should be retained to encourage
immigration.
,rtyr rrArr an rryU EMpTpE