The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1897-12-16

November 10. 1892, was revoked and
the presumption entries, also suspended,
to. afford time for proper remedial leg
islation.'
'sOn December 10, 1893, the follow
ing joint resolution Of congress was
approved Us Stat, 576):
That all bona fide presumption and
homestead filings or entries allowed
for lands within the Mile Laos Indian
reservation in the State of Minnesota
between the ninth day Of January, 1891,
the date OF the decision Of the secre-
tary of the interior holding that the
lands within said reservation were
subject to disposal as other public
! lands under the general land laws, and
the date of the receipt at the district
land Office, at Taylors Falls, in that
State, Of the letter from the commits
sioner of the general land Office, COM
municating to them the decision of the
secretary of thes interior of April %,
1892, in which it was definitely de-
termined that said lands we're not sub
ject to disposal, but could only be dis
posed of according to the provisions of
the special act of January Il, 1889
| Us Statutes, 642), be and the same are
hereby confirmed where regular in
other respects and patents shall issue
to the claimants for the lands en-
| braced therein, as in other cases, on a
satisfactory showing OF a bona fide
compliance on their part with the re-
quirements of the laws under which
said filings and entries were respect
lively allowed.
"Bennett's homestead entry, in view
of the facts already stated, comes
clearly within the provisions of the
joint resolution. It seems to have been
made in good faith in reliance upon
the holding of the department that the
Mile Laos lands, not being in a state
of reservation, were not within the
provisions of the act of January a.,
1889, but were subject to disposal I'M
der the general laws. It was made, as
appears on the face of the entry pa
pers, under sections 2299 and 1920 of
the revised statutes, in all respects as
homestead entries were regularly
made under the general provisions
of those sections; and Bennett
apparently obtained his final
certificate pursuant thereto and to the
general provisions of section 1921 of
the revised statutes.
''Said joint resolution is remedial
legislation and therefore to be liber-
ally construed. So construed, it would
seem to have been the intention of
congress to accept and validate to the
fullest extent, for the period Indicated,
the then prevailing departmental de-
termination of the status of these
lands as to all bona Hde presumption of
homestead filings or entries allowed
therefor, during that period, or, in
other words, to cloth with all the force
of positive law, by means Of legislative
endorsement, for the said period, the
instructions which provided for the
of the Mile Laos lands under
the general laws, as to all such filings
and entries: and also to provide
therein for the perfecting of these fl
ings and entries under the general
laws irrespective of anything in the
act of January "A, 1889 to the contrary.
This is substantially the view already
declared by the department in the case
of Haggberg ct al VS. Mayhem pa Id,
4S9), as to presumption filings for these
lands, made during the period speci
fed in the joint resolution. Having
been allowed, or more truly, perhaps,
invited, to make their filings and en-
tries under the general laws, both pre-
emptors and homesteaders, in their
bona 6de efforts thereunderto acquire
homes on the public domain. we're to
be subject to no other requirements
than those of the general laws. H.
"The language is too plain and posi-
tive to admit of any other reasonab BILE
construction in view of the conditions,
then presumably fully known to con-
gress, and to which its enactment was
a fitting elimination. Without even
by Implication subjecting these filings
and entries to any of the conditions of
the act of January IA, 1889, the resolu-
ton expressly declares that the same
are hereby confirmed, where regular
in other respects, and patents shall be
issued to the claimants for the lands
embraced therein, as in other cases,
on a satisfactory showing OF d bona fide
compliance on their part with the re-
quirements of the laws under which
said filings and entries were respect.
lively allowed. Az :. ST
1T would be wholly at variance
with these plain provisions for per.
fecting their entries, it seems to the
department, to require of homestead
ers whose entries come within the pur
view OF this joint resolution, the pay