St. Landry clarion. (Opelousas, La.) 1890-1921, 1909-10-09

from page OF record of the SUI
Veyor-GeneraFs Office entitled Sab
s@tracts Of Preemptions etc. from
which it appears that under the head
ing Credit System. Presumption Claim
Further Credited appears the en-
tries Of Solomon Cole and the follow.
ing certificate: Land Office at Opel
ousas, State Of Louisiana 80 August
1926. The foregoing is correctly
distracted from the files in this Of
fee. Valentine King, Register
The only significance that can be
given to that abstract as evidence is
that the balances due on the Cole en-
tries were still unpaid at the date the
notation Further Credited vas en-
tered on the abstract.
Counsel for che heirs Of Cole also
rely upon q tabular statement Of the
gross amount Of lands sold under the
credit system made by the Public
Land Commission on pages 202 and
|203 Of the report entitled The Pub
lie Domain from which it appears
that 1927 acres we're sold IN the
State Of Louisiana amounting to $780,
|554 and that the total quantities
sold ii Ill the States was 10, 1893, 158,
04 acres amounting to SAL, $685.,
.o8.
This was afterward sealed down
BY acts Of Congress, by r~eyersions
and reIinquishments, SO that the Gov
eminent parted with title under the
credit system, to 13,642.5s6 acres,
and received therefor scr, SOC, 379.
29.p
It is contended that the land pat
ented would only have yielded ST.
1851 72 at the rate of $500 per acre
and as the table shows that the Gov
eminent received $615,307 in excess
Of that amount, it must be presumed
that every acre sold on credit was
paid for at $500 per acre, as the
greater includes the less.
No such presumption can arise
from that statement, nor does it fur
nish any proof whatever that the bal
anees due on these entries were ever
paid. It only shows that of the nine
teen million acres and upwards sold
the credit system, the Govern
ment parted with title to upwards Of
thirteen million acres, che balance
reverted to the United States
BY failure to pay, as in this case, Or
by voluntary REIMBURSEMENT.
When the hearing was ordered in
this case, it vas not contemplated
that the facts elected thereat would
establish any right in the heirs Of
Cole to acquire title to the land BY
paying the balance Of the purchase
money, or ii any other manner. SO far
il could be controlled By executive
action. The hearing was solely for
purpose Of determining whether
hey had such equitable right as
would justify the Department ID fur
her withholding the land from entry,
n order that Congressional relief
be afforded. That action was
prompted By their allegation Of con-
occupancy Of the land, up to
within the past few years and Of pay
nent Of taxes thereon up to 1906,
md other allegations indicated unin-
errupted assertion Of ownership.
The records Of the Office show that
he balance due On the Cole entries
vas unpaid at the date Of the act Of
February IS, 1881 II Stat, 1861, ex-
ending further credit, and nothing
as been submitted from which any
Inference can arise that said balances
1ere paid at the time limited BY said
OF at any time since. The act j
+ March 2, 1921, which extended !
be time of payment, declared that if
.ayment was not made on the day
ppointed, the land 50 purchased
should fpso facto become for I
cited and revert to the United