The McCook tribune. (McCook, Neb.) 1886-1936, 1890-10-10
An Interesting Land Decision.

WASHINGTON, Oct. 3.-Secretary No.
BILE rendered a very interesting decis-
ion. interpreting the law of May &c
last in regard to the manner of making
proof on homestead applications. The
decision is rendered on the application
OF one Edward Bowker, by his attor-
ney. to be allowed to submit final proof
on his homestead entry for land in Far
go, n. d., in the state of Nebraska, as
he at present resides there. Secretary
Noble says: The only question in
volved in this case is the construction
TO be placed upon the act of May 26,
1890. that portion of which provides
that the proof of settlement, residence.
occupation, cultivation, irrigation, re-
elimination, the affidavit of non-aliena-
ton, the oath of allegiance and all
other affidavits required 20 be made
under the homestead presumption, tim
Der culture and desert land laws may
be made before any commissioner of
the United States circuit court or be-
fore the judge Or clerk of any court of
record of the county or parish in which
the lands are situated, and the proof,
affidavit and oaths, when so made and
duly subscribed to, shall have the same
force and effect as if made before the
register and receiver when transmitted
to them and with the fee and
commissions allowed and required by
law. WAS it the intent of ~congress?."
says the secretary. '.by this act to SO
far remove the submission of the final
proof from the land desired to be en-
tered as to allow it to be made before
any commissioner of the United States
circuit court, no matter how remote
he may reside from the land, or was it
only the intent to provide an addi-
tional officer before whom proof might
be submitted: While at first view the
words of this act might seem to author
ize the making of proof before any
commissioner of the United States cir
cult court beyond the limits of the
state or territory within which the land
is situated, yet L have concluded. after
an analysis of the question, that the
act will not bear that Interpretation.
1t appears that it has been the con-
slant policy of the law to require
claimants under prior laws to go be-
fore the local officers in making proof.
The obvious purpose of this policy is
to secure the proper and convenient
examination OF the matters submitted,
and an intention to abandon this pol
icy should not be imputed to congress-.
Ii this statute in question authorizes q
claimant to make his proof before any
commissioner OF any part of the United
States it reverses the settled policy of
congress in that regard. l find moth
ing in the history of the act to war;
rant this construction. The report
of the house committee on public,
lands defined the scope of the bill
as follows: The purpose of the bill
is to authorize all af1idavits and depo-
sitions under the public land laws to be
made before and certified by the COM
missioners of the United States circuit
court or clerks of a court of record for
the county in which the land is stu
ated.' From this history OF the act 1
concluded that the purpose of this en-
actment vas simply to designate an
additional or new officer before whom
such proofs could be taken and not to
change in any n the provisions
defining the place before taking such
proofs. The commissioner of the gen.
eral land office issued q circular June
%, 1890, calling attention to the pro-
visions of said act, which interpreted
the section as follows: The paragraph
in question refers to final proofs, ETC.,
to be made under homestead and other
land laws and provides that said proofs
may be made before any commissioner
of the United States circuit court hav-
ing jurisdiction ove the county in
which the lands are situated, or before
the judge or clerk of any court of
record of the county in which the lands
are situated This must be read in
the light of the more explicit interpre-
tation now put upon the act, and must
be held to mean that the law does not
authorize the making of such proofs,
etc., before such commission outside of
the county and state or district and ter
in which the lands are situated"