The morning call., 1891-04-26
MASONIC TEMPLE pARK STREET fom pnocqpn George
promenade the Rotten Row the section and Importance

Importance 10 the publiclaud States. inasmuch
as il determines the question as 10 what point OF
time The words "M hen there shall be no pend
ing contest protest against the validity OF such
entry" apply; whether contest protest to
prevent the issuance OF patent until disposed
OF must have been pending before the lapse OF
two years from the date of the issuance OF the
Receivers receipt upon final entry in cases eX-
isting and where Two years had elapsed before
The act VI March Sd took effect as well as In
those afteiward. Many Thousand homestead,
desert land, prc-emptlon ana timber culture en-
tries are invO. we'd IN the opinion.
The Secretary says, in part:
If the statute of March Sd were to be construed
to uvalidate all contests or protests not filed within
two years after the date of final receipt and before
this statute took effect, the result would be that
many thousands OF fraudulent claims would go
patent without further question being possibIe, al
though contests protests were legally pend
Ing at the date of the act, aud with
contest is the statutory means of acquiring home
stead or other claim against illegal entry
public domain for honest settlers To so coustrue
the present act as TO annul, and as 1T were, wipe
out ali those contests and protests existing before
March 3, 1891 not filed within TWO years from the
issuance OF the final certificate, would amount sub
stantjay TO the repeal pro tanto of the statute of
May IA, 1880. But the statute cannot be legally
held to be repealed by implication and least of all
cases where the experience OF the department
leaves reason to doubt that fraud had
tries and which can be proven II the contests and
protests allowed to proceed to hearing II it
had been the purpose OF Congress to provide that
/
years after the Receivers receipt upon final entry in
all eases before the statute of March 8. 1891 as
well as after, IL certainly would not have used
ambiguous a term here find. 3 8
The makers OF this law well acquainted
with the situation of affairs. The land
laws have been the subject of great
discussion for many years in and out of Congress;
! the committees public lands have been aistn-
gushed for industry and intelligence, and they
were fully aware of all of the facts stated Had
they desired to accomplish the purpose claimed by
this act does accomplish as 1t reads, they
should and doubtless would have used language too
plain and direct to require construction. On the
contrary, they use the present participle In this
! clause and says xvi there shall be pending
! contest protest" Meaning thereby clearly.
| think, pending then presently at the date OF the
1t was not intended to be limited to contests
| pending within two years alter the date of the
| final receipt when case had arisen before
| the present act TOOK eject and two years
| had elapsed. The statute thus becomes one
| OF limitation as to the future without
overthrowing pending contests or protests. When
| the two years not terminate before the date OF
filed within the two years There Is force.
think, in the point that the statute enumerates
arising under the timber culture presumption
laws, for these laws, although repealed by the pres
ent act have been eicactOus to inaugurate entries
which either proceeded to final entry may yet do
! so. No rise under the timber culture
! presumption laws, but It necessary that
| this act should notice them to cover the
! whole ground. Neither does the proposition seem
sound that by this it was Intended
| TO expedite public business. The way Congress
must expect to have patents issued is by finishing
| sufficient clerical force 10 accomplish the WORK
and not by suddenly rushing great masses Of cases
to patent although contests legally Instituted are
pending and in which experience leaves no reason
to doubt that fraud exists. To thus reward fraud
and sQuauder the public lands could have been
are my viewsupOn the law presented all OF the
points deem II necessary TO discuss