The state herald., 1890-01-24

A special TO the Denver News says: Judge
Coff. Com. Of tho general land office h \
made decision In u homestead land ease
which Il important as placing a construct
lon for the first time upon aud defining the
operation OF the act Of March ., ltsa,consid'
cred In connection with section .229s Of the
revised statutes which provides that no per
son shall be permitted to acquire title to
more than one quarter section under The
provision Of that chapter, being the home
stead net Of May ~, lsf.. In this ease the
claimant made application under section
Of the nc, Of March ., 1886, to transmntc his
dcclaratory statement for n tract upon vhi
ch he had settled, which application was
rejected by the local oiiices ON the ground
that prior TO the date Of said act appll.
cant had perfected title TO n tract OF whlrh
he had made entry under tho homestead
law. Section Of the act Of March 9, 1850,
provides that any person who has not here
tofore perfected title to II tract OF land Of
which he has made entry under the the
homestead law may make n hsmestead ent-
ry Of not exceeding one-quarter section OF
public land subject 10 such entry such prov
isions filings IN entry Ia the contrary not
wiihstandIng; but this right shall not apply
10 persons who perfected title 10 lands und.
or the precmptlon of hsmesiead laws alre'
ady initiated, provided that all pcr.em,iom
settlers upon the public lands whose claims
have been Initiated prior TO the passage Of
this act. may change sncli entries to home
stead entries and proceed 10 perfect their
titles Ia their respective claims under The
homestead law Notwithstanding they may
have heretofore Ind the benefit OF such law,
but such settlers who perfect such title to
such claims under the HON s5tead law shall
not thereafter entitled To enter other Lands
under the pre-emption or homestead laws.
Commissioner Croft holds that this net ap-
plies solely TO persons who have not pcfiec'
ted tItle. and that the word "bencilt" In the
proyiso was intended To be understood In
that sense; that the body OF the foregoing
section and.Ihciprovlsion are conslstant, the
intention OF Congress being carried out In
the ptayiso 10 extend 10 any party WIN the
passage of Tho act, Ind avaied iillng. the po.
WIDER Of ifansmutation. notwithstanding he
had previously Initiated n homestead entry,
but had not perfected title: he holds there
rrforc that the abov. claimant, haylngl per.
frcted title toa quarter section under the
homestead law, can not allowed 10 irasinit
his Ming: II Is cxplalnd nj the general land
office that large numbe pof settlers on the
public lands labor under the impression that
the act Of March . issa permits n make a 50.
cond homestead entry, and hence the lmpor
tnncc Of this decision"
The legislators OF North Dakota
have set mn example Of economy and
industry which although rather cx-
treine might 10 some extent DO copied
with profit by the Legislators OF other
states. On last Saturday the house Of
representative Of that state met nj |
7 O'Clock In the morning, the speaker
calling II 10 order by lamp light. It
WAS evidently the Intention 20 put IN u
full days work. Probably, however,
this good record will not be- kept up
very long. II Is 10 be feared that II Is
n mere industrial spnrt. Of which the
Of the house viii soon grow
weary.