The Lake Charles echo. [volume] (Lake Charles, Parish of Calcasieu, La.) 1876-1898, 1892-09-09

afIidaVits Of two witnesses before the
Register and reoeiyerand must be made !
alter the 60 days Of publication have
expired and within 30 days from the
time Of fling the application and afh.
dayit IL the land Office.
AT the time Of making the proof
the money is to be paid in cash, not
warrants or script of any kind, at the
rate of 81. SO per acre. 10 addition
TO this S. is to be paid to the Register
and s5 TO the receiver and at the rate
of Is cents q hundred words for writ
ing down the proof. Thus, each $50
acres viii cost about these amounts;
100 acres at 81 so per acre, $48O;
publishing notice, say So; fees of
register and receiver for taking proof,
say, So; total cost of 100 acres, S4l5.
] suppose there is much land left in
Caleasleu, Vernon, Sabine, Rspides,
etc, worth for Its timber more than
$3.50 per acre, and snch lands may
now be acquired by our people under
this law. Great care will have to be
observed and strict compliance with
the minute requirements and forms OF
the land Office, or the result of neglect
will be that eventually the entues will
be cancelled. In such cases where
there is any ground for suspicion OF
fraud the government cOnhscates the
money received and refuses to return
1t even after the cancellation Of the
entry. Aud in all cases, where all is
otherwise legal and regular, the rule
is that nnIess the money is paid when
proof is offered, the entry will be can
eelied. And as proof must be offered
not later than 30 days fling the aPPl'-
cation and affidavit, no person ought
40 do this unless certain that within
80 days thereafter be or she will be
able TO make the payment in cash.
The object Of publishing the notice
lie, like similar notices under the
homestead laws, to enable any person
who wishes TO prevent the entry, 10
appear before the register and receiver
on the day for making proof By the
appllesnt and to prove by witnesses
that the entry ought not to be allowed.
As such peFs Jns, SO COniesLing and
opposing, will have 10 pay fee OF SIS
on fling an opposition, and incur The
other expenses in employing attorneys
aud getting up prouf, it Is 10 be sup,
posed that light aud frivolous oPpO-
sitioBg wall not be made. Bnt If filed
they will have the effect to delay the
allowance Of The entry, and the regis
ter and receiver will order a hearing
before them IN which either party may
offer further proof.
The original act of Juue 8, 1878,
applied only to vacant surveyed public
lands of the United States, not re
sarved, Add which have not been
offered at public sale according To law. "
The ael, of which | seud yOu a copy,
of August 4, 1892, simply applies sIch
act to Louisiana without a word N il
IN enlarge or qualify the words quoted.
Now, as nearly all the timber lands be,
longing to the United States in Lonisi
ana 10 which this law can possibly
apply have been at one time or another
''offered at public sale according TO
law" the question will arise, how must
the land department cOnstTae a phrase
which seems literally TO except from
the law nearly all the publiC land 10 q
state TO which state congress, m The
law amending it, sGraigbtty says it is
it's intention to apply ii? If strict
and liLeral meaning Is 10 be imputed
to the words quoted, then the law Ii
not worth a rush TO Louisiana, and
probably will prove as deluslve In
Arkansas, Alabama, Mississippi and
Florida. Bot if they are 10 be con
sIrued literally, 10 enre the mischief
and advance the remedy, then the law
will be of immense value TO our STATE
at least. The point is not touched
upon, | am informed in the genera
land Office, by the circular instructions
coon to be lssued to the registers anC
receivers with a view TO putting thD
law in operation. Bat it must aris'
and probably will under the first aPpli
cation filed.
Most of the lands 10 Louisiana havI
not only been once offered at pnbli
sale, but twice offered; though, DOW
by reason Of the act of March 2, 1889
such lands are no longer subject 4
private entry as offered lands. AS tb
intent of the act of 1878, therefore
was 10 allow persons IN Callfornif
| Oregon, Washington and Nevada I
enter 100 acres each at 81 so per acrt
because the land not having bee
filtered at publjc sale could not b
entered at private entry, the cOnrl
will probably bold that since the lal
of 1889 look all the lands in LouIsisn
unt of the category Of lands liable I
private entry, notwithstanding, the
had been once offered at public sal,
AZ was the intent Of congress TO tre'
them as il they never bad been offere
al all, and therefore to allow the
entry nader the Law Of August 4, 1872
As il certainly was the object 4
congress to enable our citizens
, obtain timber lands 10 limited qnani
ties by honestly buying and payin
for them, ] am confident that il Il
] land department attempts 10 straRg
/ This act By marrow and strict constTu
] lion, the result will be that congre
viii soon amend it and declare its III
! meaning.
7 II any Of your resders need firth
/ information about this law they q
address me BY letter Vt my Office
the Morris Binding 10 New Orleans.
Very Respectfully,
.. u. BRABFpRD.
: ERsd alle HBeEecEEEeE A.kes