Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1910-04-29
Are Entitled to Relief.


The fact that no one saw fit to con-
test these entrymen prior to final
proofs or for more than two years
thereafter ought to be very persuasive,
if not conclusive, that due compliance
with the law was had. In fact Con-
gress heretofore has marked a period
of time after which no homestead en-
tryman may lawfully be harrassed
with a contest. By the prOviso to Sec
ton of the act of March 3, 1891 (26
Stat, 1095), it is provided that no con-
test shall be allowed against an entry
unless brought within two years after
the issuance of the receivers final re-
ceipt, and that when the validity of
any homestead entry shall not be chal-
lenged within that period by con-
test or a protest, it shall stand confirm
ed for patent. AS stated, proofs were
made in these cases more than two
years prior to the filing of any contest;
and as the only objection made against
the entries within the two-year period
was a general order suspending all
homestead entries within a certain
timbered area in Oregon, which fact
prevented final receipts from issuing
in these cases, equity might very will
consider that the cases occupy the
same status as they would had final re-
ceipts actually issued when final proofs
were made. Moreover, section 245O,
Revised Statutes of the United States,
directs that all suspended homestead
entries shall be adjudicated in accord
ance with the principles of equity as
recognized in courts of equity.
When the first settlers went upon
these lands, nearly a decade ago, the
claims were only worth few hundred
dollars each. In view of the fact that
the settlers were actuated by a hardy
pioneer spirit to acquire for their in
dividual use 100 acres each, which
might in years to come afford to them
comfortable homes, or even earlier af-
ford to them an honest start in life in
the far West, their motives were most
praiseworthy. At present the claims
are worth many times more than when
first settled upon by the original en-
trymen. Besides, they are now much
easier to get to and can be lived upon
with more comfort. At the present
time persons of means are willing to
contest these entries, and doubtless
would be willing to live upon them abb
solutely without interruption for the
three-year period required, but these
persons, it does not appear, were will
/ ing to do so when the claims were OF
little value and before the roads and
trails were cut out and the first clear
/ ings made. BY the rules of equity
| jurisprudence, under which Congress
has declared suspended homestead en-
1 tries should be adjudicated, the claims
of contestants now coming forward
would undoubtedly be considered stale
Patents Should BE Granted.
! 1t is needless to say these claims
mean much TO the first settlers. They
| represent years Of hard work, priva-
ton, and rigid economy. If driver
| from these estates now, the first set
tiers will be left poor indeed, and com
parative strangers to the lands will bC
given the claims without and casf
payment, while the proposed bill pro
vides for the payment Of $3.50 pei
acre by the original settlers. The bill
has been amended in the COMMITTEES
so as to provide that the first settlers
may receive their patents upon show.
ing to the satisfaction Of the Secretar,
of the Interior acts evidencing theil
good faith. and upon the payment oi
s2.5O per acre. Thus. while the bill
proposed slightly relaxes the Original
I requirements Of the special homestead
act under which these lands were
thrown open to entry. it adds all th'
requirements formerly exacted under
| the timber and stone act.
II a mistake was made. IT was in
opening these heavily-forested lands
I TO homestead entry exclusively. But
since the lands were opened in thai
way. and poor people Of the country
went out and took Up the claims. and
did all that 1t was possible for then
to do. and all that could be reasonably
expected. the committee feels that tn,
bill proposed is fair and just and thai
IL ought TO pass
The committee received a petition
signed by the officers Of the State Of
Oregon and others. which indicates
the general interest in the DfIi and ap
proval Of its fairness.