Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1891-04-10
OtOe Reservation Lands,


by Senator Paddock during his frs,
term, for the sale OF the Otoe reserva-
ton lands in Nebraska and Kansas, has
always been construed by the general
land Office as bringing the purchasers
OF these lands under those acts into the
same classification if actual settlers I'M
DER the presumption law. The rules
ana regulations formulated by the gem
eral land Office to govern these cases
were somewhat different from those for
taking proofs as to actual settlement
under the pre-emption law. because of
the differences of the conditions on ac-
count OF the Indian proprietorship and
occupancy OF the Otoe lands, but the
general theory as to proof OF settle
ment was the same. Senator Paddock
has always insisted that this was not
The intention of the act and has fire.
quently urged this view upon the de-
partment. To-day he called the mat
ter up again in an interview with the
secretary and the assistant attorney
general OF the interior department, and
claimed that this having been the set
tied policy of the department. these en-
tries would necessarily fall within the
scope of the provisions Of the act Ito
repeal timber culture lands and for
other purposes recently passed and
that section of the said act must en-
brace these entries as well as those un-
der the presumption law in operation.
That part Of section to which he
referred reads as follows: '.All entries
made under the presumption, home
stead. desert land or timber culture
in which final proof and payment NAV
have been made and certificates issued
and to which there are no adverse
claims originating prior to final entry
ana which have been sold or encum
oered prior to the first day of March
eighteen hundred and eigty eight, and
after final entry to bona fide purchas-
ers, or membranes for u valuable
consideration. shall, unless upon in
vestlgatlon by government agent
fraud on the part of purchaser has
been found, be confirmed and patented
upon presentation of satisfactory proof
to the land department of such sale or
lncumbrance; provided, that after the
lapse of two years from the date of the
Issuance OF the receivers receipt upon
the final entry of any tract of land I'M
der the homestead, timber culture.
desert land or presumption laws or I'M
der this act and when there shall be
no pending contest or protest against
the validity OF such entry. the entry
man shall be entitled to patent con-
veying the land by him entered, and
the same shall be issued to him. But
this provision shall not be construed
to require the delay of two years from
the date OF said entry before the issu-
ing of patent therefor"
Ii this provision shall be decided as
applicable to the Otoe reservation en-
tries 1T will operate to confirm many
II not all of the original titles under
these purchases
Both the secretary and the attorney
general admitted that this had been
the rule and the practice of the de-
partment and most likely that the Sec
ton would apply to the entries. al
though they were not prepared to an
nounce 1t as final official determina-
ton.
4"'' A"uuoSh iuslsteu lnat ii they
should not finally decide that the pas
sage of the bill introduced by him
through the senate for the contirma.
ton OF these titles which was also re-
ported favorably by the house commit
tee on public lands and which would
have passed If the house of represen-
tatives had continued in session an
hour longer on the day OF adjournment.
ought to be a sufficient indication OF
the will OF congress in respect to this
subject to warrant the department in
suspending all further consideration of
pending or to be initiated
hereafter until congress shall apain
and finish the legislation
wich 1t so nearly completed in the last
session and which it is sure to do
Both the secretary and assistant attor-
ney admitted that this was undonbted
~ correct conclusion, and that the
department should so govern itself in
The treatment of all these contest cases. |
Senator Paddock expressed himself as |
being confident which ever of these |
courses Is pursued that an end to these |
1exatious contests has been substan-
tally reached. If the provision OF tn
lct referred to is construed to apply to !
'hese cases so far as they come within
Is purview. most OF them will undoubt-
IDLY be settled at once. and those which
annot will surely be protected by
confirmation act at the next session.
1 1t Is decided that the Otoe cases do
lot come within the provisions OF the
ct, there will be no question whatever
$ to the passage OF confirmatory act
or all these entries.