The L'Anse sentinel. (L'Anse, L.S., Mich.) 18??-current, 1891-06-13

Ter, supra. the supr ,me court said
AThe generosity by VIII CT congress
gave the settler the right Of pre-. emption
was not intent ed to give him the bene-
fit OF another mans labor, and author
lied him to tuen that man and his
family out OF their home. 1t did not
propose to give its ounty to settle
ments obtaine BY violence at the ex-
pense OF Others. The right to make o
settlement was to be exercised on un-
settled land, to make improvements on
unimproved land. To erect dwelling
heuse did not mean to seize some other
mans dwelling. 1t had reference
to,vacant lands, to unimproved lands
and it would have shocked tue moral
sense OF the men who passed these laws
il they had supposed that they had ex-
tended an invitation to the pioneer pop
ulation to acquire inchoate rights to
the public lands by trespas, by violence,
by robbery, by acts leading to homicide,
aud other crimes Of less moral tur-
pitudc."
In the case OF Trcworth VS.. San
Francisco, Goo U. $. 251, on page 1861
the supreme court says: "The right of
pre- emption under the laws OF the
United States, can not be acquired by
intrusion aud trespass upon lands in
the actual possession of Others"
In the case at bar, Papin was not q
trespasser, he had gone upon tie tract
in question in response to the general
invitation conveyed to all the citizens
OF the United States through the pre-
emption laws. In pursuance OF this in
vitation, he has made his home there
ever since 1864; much of the time since
that date the land in that vicinity has
been reserved from entry and settle
ment and in view of these iacts and the
ignorance of Papin of land matters, he
made but one attempt to enter the land
before 1887, and at that time was in
formed that the land was swamp land.
am Of tie opinion that the showing
nude by Papin in this case is sufficient
to warrant hearing, and that it would
be u Ii III ru!e that would deny it to
him. IL is shown that he has resided
upon t.e land sought to be entered
by him, fog more than 20 years; it was
his lome and he had by his labors i'm
proved tho place. He is competent
entryman and while he has not, Tor
various causes, been allowed to effect
an entry, if his allegations are true. his
equities are too strong to allow others,
who knew all the facts of his settlement
and long residence, to appropriate the
fruit of his labor by forcibly entering
upon the premises and taking possession
thereof.
You are directed to order hearing
on the application and affidavit Of Papin
to be held before the Register and Re.
ceivei, at Marquette, Michigan, after
notice has been gwen all parties inter
ested, at which Papin will be allowed
an opportunity to prove the allegation
made in the affidavit accompanying
his application for entry; also the mat
ters set up in his regular afiidavits of
contest fled September 6, 1889, and
any other facts tending to show who
has the better right to said property.
After the hearing has been held the To-
cal officers will retransmit all the
papers to your Office, together with
their opinion Oh the evidence submitted
after which you will readiudicate the
case.
The papers in the case are herewith
returned.
Very Respectfully,
GEO. CHANDLER,
as Acting Secretary.