THE

AMERICAN SETTLER'S GUIDE

CHAPTER 1.

EXPLANATORY.

I. Public and Private Lands.

All real estate in the United States is either public or private.

Private lands are owned by private persons or corporations, the titles being derived from the General Government or from a foreign power. Titles derived from foreign governments are protected by treaty, and are either complete or inchoate. Complete titles need no further action on the part of the United States, whereas inchoate (incomplete) titles usually require examination, survey, and patent (1).

To distinguish them from government lands, the tracts donated to the several States by the United States, or obtained otherwise as in Texas, are called State lands (2), and are not subject to disposal under the land laws of the United States.

b. PUBLIC LANDS.

All lands owned by the United States are public lands, though usually those only are so termed which are for sale or other disposal by the Government under general laws (3). In this latter sense the term will be used throughout this book. The public lands are within the States of Alabama, Florida, Illinois, Indiana, Michigan, Mississippi, Ohio, Wisconsin, and all the States and Territories west of the Mississippi River, except Texas, Alaska, and the Indian Territory (*). In Ohio, Indiana, and Illinois, but little public land is to be found, and this is for sale at the General Land Office in Washington. The other public land States and Territories are divided into districts, in each of which is a land office with two officers in attendance, one called the Register, and the other the Receiver These officers act as agents or salesmen for the Government, and if the sales

(1) A land patent is the written document through which the United States transfers to a private party, corporation, or State, all its right and title in the land described. It is signed by the President, countersigned by the Recorder of the General Land Office, and sealed with the seal of that office. It is the Government's deed.

(2) For the purchase of State Lands, see Chapter IV.

() Newhall vs. Sanger, Land Owner, Vol. 3, p. 39.

(4) These Territories are opened to a limited extent.

made by them are approved by the Commissioner of the General Land Office, patents for the lands are issued to the purchasers.

C. KINDS OF PUBLIC LANDS.

1. Agricultural Lands are those that will produce agricultural crops. These are disposed of under the Homestead laws exclusively at present, as the pre-emption and timber culture laws have been repealed. Grazing lands can be purchased as agricultural lands.

2. Desert lands are such as will not produce crops without irrigation or an artificial supply of water. These lands, in California, Oregon, Nevada, Washington, Idaho, Montana, Utah, Wyoming, Arizona, New Mexico, and the Dakotas can be purchased under the act of March 3, 1877. See Chapter IV.

3. Timber Lands are those not fit for cultivation, but valued for the timber growing upon them. The timber lands in California, Oregon, Nevada, and Washington, are for sale under the law of June 3, 1878. See Chapter IV.

4. Stone Lands are those areas valued for the stone they contain, and are for sale under the same act of Congress as the Pacific Coast timber lands.

5. Coal Lands are the lands valued for the deposits of coal therein. They may be bought under the Coal Act of March 3, 1873. See Chapter IV.

6. Mineral Lands are those tracts which are more valuable for the metals or other minerals they embrace than for agricultural purposes. These lands may be secured under the mining laws, except coal and stone lands, which are sold under separate acts of Congress. See Chapter IV.

7. Saline Lands are lands whereon salt springs are found. The act of January 12, 1877, under which salines can be bought, is very restricted in its operations. It does not apply to any lands in the Territories, nor within the States of Mississippi, Louisiana, Florida, California, Nevada, Washington, Wyoming, Idaho, Montana and the Dakotas. See Chapter IV.

These are the several classes of public lands recognized by and for sale under the laws of Congress. They cannot be sold under any State law, and State courts have no authority on the question of title to them until after a patent has issued. They cannot be taxed, though the settler's improvements thereon, having the character of personalty, may be. The settler should not delay securing his patent because he wishes to save taxes. There is too much risk of losing all his improvements by some other party seeking title to the same tract of land.

II. Several Terms Explained.

The following expressions are often used:

a. PUBLIC SALE.

A public sale of lands is an auction sale. When large bodies of land were formerly sold, a proclamation was issued in the President's name, describing the tracts and stating the time and place of sale. When only a few isolated tracts of land are to be disposed of, a notice to that effect is published in a newspaper in the vicinity. See section 9, page 115.

The land is sold to the highest bidder for cash only, which must be paid on the same day. There are few public sales at the present time, as the policy of the Government is to encourage actual bona fide homestead settlement. A man who buys land at public sale is not compelled to settle on, reside on, or cultivate it.

b. PRIVATE SALE, PRIVATE ENTRY, AND LOCATION.

These three terms mean nearly the same. Where lands are offered at public sale and nobody bids for them, they may be bought any time thereafter at the local land office, if not withdrawn in the meantime from market or reserved for some purpose. This is called a private sale or entry, or when the tract is paid for by a warrant or land scrip it is called a location. In case a tract is withdrawn from market in consequence of an entry afterwards canceled for any reason, or through erroneous marks on the books of the district office, it is not again subject to private entry until restored by public notice of at least thirty days. There are no lands now subject to private entry except in the State of Missouri.

C. OFFERED AND UNOFFERED LANDS.

Offered lands, as may he supposed from the previous statements, are those that have been advertised or proclaimed for sale, but which were not then sold. If not withdrawn or reserved, they remain open to private entry or location. Unoffered lands are such as were never offered.

d. MINIMUM AND DOUBLE MINIMUM LANDS.

These terms refer to the price of lands. Minimum (lowest) priced lands, wher sold at private entry for cash, bring one dollar and twenty-five cents an acre; and this is the lowest price they are allowed to be sold for at public sale.

Lands within railroad limits are supposed to be more valuable on that account, and are rated at two dollars and fifty cents an acre. They are consequently called double minimum lands.

III. Citizenship.

As aliens cannot acquire titles to real estate under the pre-emption, homestead and other laws, the privileges of which are restricted to citizens, or those who have declared their intention to become such, it is important that foreigners seeking identification with the American community should be advised of the legal steps necessary to acquire citizenship. Any free white alien, over the age of twenty-one years, may at any time after arrival declare before any court of record having common law jurisdiction (with a clerk or prothonotary) his intention to become a citizen, and to renounce forever all foreign allegiance. The declaration must be made at least two years before application for citizenship. At the expiration of two years after the declaration, and at any time after five years' residence, the party desiring naturalization, if then not a citizen, denizen, or subject of any country at war with the United States, should appear in a court of record, and there be sworn to support the Constitution of the United States and renounce foreign allegiance. If he possessed any hereditary title or order of nobility, such also must be renounced, and satisfactory proof produced to the court by the testimony of witnesses, citizens of the United States, of the five years' residence in the country, one year of which must be within the State or Territory where the court is held, and that during the five-year period he was a man of good moral character and attached to the principles of the Constitution; whereupon he will be admitted to citizenship, and thereby his children under twenty-one years of age, if dwelling in the United States, will also be regarded as citizens.

Where the alien has made his declaration and dies before being actually naturalized, the widow and children become citizens of the United States, and entitled to all rights and privileges as such, upon taking the prescribed oaths.

Any free white alien, being a minor, and under the age of twenty-one years at the time of arrival, who has resided in the country three years next preceding his majority of twenty-one years, may, after reaching such period and on five years' residence, including the three years of his minority, be admitted to citizenship without a preliminary declaration of intention, provided he then makes the same, averring also on oath and proving to the court that for the past three years it had been his intention to become a citizen; also showing the fact of his residence and good character.

Children of citizens of the United States born out of the country are deemed citizens, the right not descending, however, to persons whose fathers never resided in the country; and any woman who might legally be naturalized, married, or who shall be married to a citizen of the United States, is held to possess citizenship.

An alien, twenty-one years and over, who enlists in the regular or volunteer army, and is honorably discharged therefrom, may be admitted to citizenship upon his simple petition and satisfactory proof of one year's residence prior to his application, accompanying the same with proof of good moral character and honorable discharge.

Proof of his citizenship may be procured from any court of record having common law jurisdiction, with a clerk and prothonotary and seal. It will be perceived that service alone does not secure citizenship. The petition and proof to the satisfaction of the court are essentiai, and citizenship thus obtained is necessary before homestead entry cau be perfected.

IV. Presentation of Appeals.

Any person making application to file upon or enter a tract of public land, having complied with the law and regulations touching the presentation of such application, and feeling aggrieved by the refusal of the register and receiver to recognize his claim, or by any order, direction, or condition affecting the same, may appeal from the action of those officers to the Commissioner of the General Land Office, who is by law invested with the supervision and control of all matters relating to the disposal of the public land, subject to the direction of the Secretary of the Interior. The decision of the local officers is final if not appealed from within thirty days. On this point, see notice in rear of this book, headed "Important to Settlers."

For the purpose of enabling such appeal to be taken and perfected, the register and receiver will indorse upon the written application the date when presented and their reasons for refusing it, promptly advising the party in interest of the facts, and note upon their records a memorandum of the transaction. Settlers must insist on having the refusal of the local officers written on their applications. The party aggrieved will then be allowed thirty days from the receipt of notice of such action, within which to file his appeal to the Commissioner.

The appeal must be in writing, definitely setting forth in clear and concise terms the specific points of exception to the decision appealed from, and the reason or reasons upon which such exceptions are based. This work should be done by an attorney.

Of the sufficiency of such appeal the General Land Office will be the judge, and