o be
informed whether any objection was known to this Department why the same
should not become a law.
The matter was referred to the Commissioner of the General Land Office,
and I transmit herewith a copy of a letter from him suggesting certain
amendments to the second section of said act.
I concur in the recommendations made by the Commissioner.
I have the honor to be, with great respect, your obedient servant,
Z. CHANDLER, _Secretary_.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
_Washington, D.C., January 11, 1877_.
The HONORABLE SECRETARY OF THE INTERIOR.
SIR: I am in receipt, by your reference of yesterday's date, of "An act
to amend section 2291 of the Revised Statutes of the United States, in
relation to proof required in homestead entries," which has passed both
Houses of Congress and now awaits the signature of the President.
The purpose of the act is to enable parties seeking title under the
homestead law to make final proof before a judge or clerk of court in
the county or district where the lands are situated.
Its provisions are in conformity with the views and recommendations of
this office, and I see no objection to them in so far as relates to the
taking of the testimony.
I observe, however, that the second section provides that the proofs,
affidavits, and oaths shall be filed in the office of the register, and
no provision is made for the transmission of either the original papers
or duplicates to this office, in order that patents may properly issue
thereon, the provisions relating to certification for the purposes
of evidence seeming to require that they shall remain on file in the
district office. There is, therefore, no opportunity for the supervisory
control of the Commissioner over entries so made to be exercised under
the statutes, and thus the express requirements of existing law, as well
as the essential harmony of the land system, are interfered with by its
provisions. To remedy this defect in the proposed law I recommend that
the act be returned to the legislative body with the request for an
enactment in lieu of the second section which shall provide for the
regular transmission of the papers to this office, as in other cases, or
the simple striking out of the section altogether, as the provisions of
existing law would then cover the case, and require the same disposal
of this class of entries as obtains under present regulations so far as
relates to the tr
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