, 1890-04-10
THE LAND LAWS.
Ex-Register johnson. of Walla
Walla, Replies to Register
Adams.
Review of the Land Laws as En-
forced in the State of WASH
ington.
UNION OFFICE, I
NU.tY NN,Ur nrtt

UNION OFFICE,
WALLA WALLA, April 4. I
To rHE BDrroR OF THE REVIEW;
Had your reporter been familiar
with the land laws and the facts It
would not have been possible for j.
NJ. Adams To have induced him to
make as baseless attack upon me AZ
Is made In the following, clipped
from the REVIEW of April B:
An old settler named Murphy, residing
in the lower part OF this county, called
at the land office a few days ago 10 as
certain II there was any way those per
sons who had lost their pre-emption
rights several years ago through the or
roneous action of L. b. johnson, who was
/ then register OF the United States
land office at Waila Walla could have
their rights restored. The grant to the
Northern Pacific Railroad Company was
attached in 1852. and this raised the
price ofland to 81. so an acre. This made
n pre- I'm ptiOn claim cost $500 instead OF
500, and many settlers found that they
were unable TO make the payment As
matter OF fact the settlers, who were
ON their land prior to the attachment of
the grant, ought not to have had the
rule applied to them, but Register John
son appeurs to have made ruling that
they should pay the advanced price.
MANY were forced TO give up their pre-
emptions and take homesteads on the
land and Register johnson ruled that in
case they did this they could take only
eighty acres of the loo included in their
pre-emption Grains and that the other
eighty acres would go to the railroad
company. or course all of these arbi-
trary rulings of Register johnson were
| in time overfuled by the authorities at
Washington, but not until many settlers
had lost their pre-emption rights and
| half their land besides. In many cases
Register Adams has been able to get the
eighty acres restored to the settlers
| homestead, but there seems to be no re.
| lief SO far as concerns the lost Dre-emp-
tion rights by this class Of settlers. They
have To suffer on account of the over
zealousness of Mr.. johnson in applying
tho land gront law against them.
On the 4th of September, 1874, the
secretary Of the interior, in the case
of Erastus Kinball, case that went
up from Walla Walla, decided that
"a prc-emptor who settled prior to
Withdrawal for railroads may en-
ter his land at the minimum price
at any time prior TO the initiation of
an adverse right 10y another settler"
lSee Copp's Land Owner for Octo-
Der, 1874, page 100.
As Il. b. Johnson was the attor-
ney for Mr.. Klmball In the case
cited and did not become register
of the Walla Walla land office until
March 4, 1875, 1t is hardly possible
that he ruled as charged, that "the
settlers who were on their land prior
to the attachment OF the grant
should pay the advanced price,
As the homestead law of
May 20, 1862, which allowed
qualified persons TO enter 100 acres
of land "subject to presumption at
$l.25 per acre; or so acres or lcss of
unapproprlatcd hands at $3.50 an
acre" (see section 22s0 United
States revised statutes) was not
changed until March 3, 1879, by the
approval Of IAN act Ia giant addi-
tional rights to homestead settlers
on public lands within railroad
limits" II follows that Register
johnson, who went out of office in
July, 1878, did not, AZ charged.
make" .."arbitrary rulings" when
held that mestcaders In rnllrond
limits, could take only so acres of
the 100 included in their pp-emp-
tlon claims" but that he followed
the imperative command of the
law. Nor has there been found. I'm
to date, the record of AN apneal
from these alleged arbitrary
rulings"
As Register johnson went out OF