The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1903-10-27
MANY TITLES Are
UP In THE AIR
Land Department Interprets the Word
"SpecuIation' In Timber
and Stone Law.

Fscanaba. Mich. Oct. 27,-Much in
terast has been caused in the upper
peninsula by the announcement that
the general land Office has given a new
INTERPRETATION to the word "specula-
ton" in the timber and stone act that
affects practically every entry Of land
under the law in Michigan, in common
with other timbered sections, as we'll
as the great bulk Of filings made in
the past.
1t is held that any one who takes
I'D a piece of timbered land expecting
at some future time to sell it at prof
it is "speculator" within the meaning
of the act and is not qualified to pur-
chase the tract entered upon.
The only persons permitted to pur-
chase under the new ruling are those
who will swear that they have land
In the vicinity of the tract sought to
be bought from the government, and
that they desire the timber for person
al uses.
The act has been in effect for twen-
ty-fye years during which time the
government has parted with many mil
lions of acres under its provisions. In
all cases the entryman has sworn
that q do not apply to purchase the
land above described On speculation,
but in good faith and to appropriate
1t to my own personal use and benefit;
and that | have not directly or indi-
rectly. made any agreement or con-
tract in any way or manner with any
person or persons whatsoever by
which the title | may acquire from
the United States may inure in whole
in part TO the benefit Of any person
except myself"
Now it is held by the general land
Office that the words "eXclusive use
and benefit" mean that a person
cannot reap the benefit of his claim
at some future time by disposing Of
his holdings at a profit. BY the new
construction an entryman would have
to use the timber in his own building
operations or else build a sawmiIl
and cut it into lumber, and then by
a strict construction he would be pre-
vented from selling the lumber.
1t is a well-knOwn fact that with
but few exceptions persons who have
taken up land under the act have done
so with the express purpose Of dispo-
sing of it later. after having acquired
title at 1925 an acre, and if these
spectators are to be barred in the
future, the question naturally arises
whether entries made in the past have
been invalidated and whether the
government will institute court pro-
ceedings.
Many Michigan residents have re-
Gently filed on Michigan land under
the timber and stone act as we'll as
on land in western states, who were
actuated solely by speculative mo-
tives 1t would appear that these en-
tries are illegal under the new ruling
and will be thrown out, at least pend
ing the result of an appeal from the
department 5 decision, which 1t is I'M
derstOOd. has been presented in the
California courts
On the contrary it appears that the
general land office has formulated no
rule TO prevent the scripter from pla-
cling his script on this same land with
drawn from the individual purchaser
of 100 acres but allows the ScriDter
to make from 200 to Goo per cent on
his purchase. This fact has caused
some speculation as to the motive of
the department. If the new rule is up
held by the courts it would seem that
within few months every acre of
the government lands would be appro-
priated by wealthy lumber firms and
script holders generally.