The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-07-18

IN FUTURE
WILL COME
Dick Morgan Speaks of Future
of HomeSeekerS.
LEGAL PHASE INVOLVED
Cites Number of Possibilities
in Three Years.

El Reno. July 1.-THE Times-Journal
has had a most interesting half hour with
the Hon. Dick T. Morgan. the well known
land attorney. in which the difficulties
which Will be encountered in the new
country VIII be freely discussed. Mr.. Nor
gan does not criticise the interior depart
ment because OF the method adopted. In
fact. he praises it for the care that is
being taken to prevent frauds and insure
absolute fairness. But q good many un-
expected issues come up when so radical
a change is made in methods. as the pres
ent change IN disposing of public lands.
THE gentlemen who are managing the
registration have a good many new Ques-
tions TO pass upon" said AIr. Morgan,
and they are taking a most sensible
course in constituting the laws sensibly.
for If individuals were wrongfuIly ex-
cluded it would be impossible 10 remedy
the wrong IN this plan Of opening, but
Il an applicant is permitted TO register
who is afterwards excluded, no great
harm IS done.
is a slight difference n the laws as ap-
piled to Oklahoma and OF others. The
general land laws provide that any man
who has more than 100 acres OF land IS
not entitled to take a homestead. and
the organic act provides that no person
owning Is 0acres of land is eligible to take
a homestead. There is only slight diff
ference in the wording, but it makes a
wide difference In consequence If literally
constructed, for the reason that nine
tenths Of the land is owned In $50 acre
tracts in Oklahoma. Hence by the read
ing Of the law an owner Of 16e acre tract
in Oklahoma would be cut out while the
owner Of 16o acre tract IN Kansas could
file. This matter, however. was laid be-
fore the secretary who ruled that all par
ties should come into this drawing matter
on nequal footing. The secretary acted
wisely In this, but win the register and
receiver follow these Instructions or viii
they reject the application of the Okla
homan who admits that he owns 100 acres
OF land? If the register and receiver ac-
cept his fling won't there be plenty Of
people willing to try to set the fling
aside? Who knows how the secretary viii
rule when these cases reach that Official?
It may be three years before a case OF
this character VIII reac.4 that official.
THE abandoned wife is making trouble,
too The Instructions co not cover the
case 1t IS extremely dinicUlt to fix the
degree of abandonment necessary to enu-
tie a woman TO the right to enter lands.
L had a case a day or tw oago. 1 asked
the woman If she had children to support
She said she had not; that she was Who'll
~ alone I told her that l did not believe
that she was entitled to a homestead.
a man came TO me yesterday and
stated that he was unable to work and
was wholly dependent upon a son little
under age for support lie looked as
though he was In fairly good health and
I ouizzed him on his disabilities and he
insisted that ne was unable TO perform
manual labor and that his son was his
sole support. I fixed up the paper and the
son was permitted to register. I learned
afterward that the old scamp slipped IN
and fled also. So here is another chance
for the lawyer.
The question Of whether an Individual
who has oommuted a homestead fling
can take lands IN the Kiowa and Com
anche lands must also be settled again
I say again. because the secretary has
already passed upon the question in a
suit appealed from this territory Fe
ruled that those who had conmuted were
not entitled to take another homestead,
but those men are permitted TO register
and Il they draw lucky numbers vii de-
nand filings. II the register rejects their
applications they wll contest II he ae-
cepts them. somebody else win contest
So here is another case for the lawyer"
Hoods sarsapar1lla Is just the medicine
-. ..rle.. a. hlnna nra htrNd m tha