Inasmuch as a large number of the entrymen sold the land to one party immediately after proof, coupled with the fact that the lands are not tillable even after the timber is removed, goes to show that the entries were not made in good faith for the purpose of a home, but in the interest and for the benefit of the party to whom sold.
It would seem from the foregoing that a failure on the part of the persons making entry ou these lands to comply with the liberal provisions of the law is recognized.
The law opening these lands to settlement (act August 15, 1894, 28 Stats., 323,326), only required a three years ' residence in order to secure title thereto, thereby giving to such homesteads benefits not afforded those entering other lands. They also shared in the general relief afforded by the Free Homestead Act of May 17, 1900 (31 Stats., 179), and the act of January 26, 1901 (31 Stats., 740).
From the record before this office, there is every reason to believe that a great many of the entries were made without any intention of compliance with law; that they were made in the interest and for the benefit of other parties for the timber thereon and not for the purpose of residing upon or cultivating the land and that the entrymen, as a rule, immediately after making final entry transferred whatever title they thereby obtained, abandoned the land, and now have no further interest therein.
In view of the showing made by the record, which the office believes is a fair statement of facts in the case, it is unable to see how the parties who acted in violation of law and with full knowledge of its requirements, can ask this office to recommend that they be granted any relief or that they have any right or interest in the land entered which can be made the ground for such a request.
The office therefore states it as its opinion that to suspend this investigation, and to adopt the policy suggested by the Senator would be to reverse the policy now vigorously being prosecuted by this office, of securing such a compliance on the part of claimants to public lands as the spirit and letter of the laws and official regulations relating thereto require. Senator Fulton's letter is, therefore, herewith returned with the information that this office will proceed with such investigations, unless otherwise instructed by the Department.Very respectfully,
(Signed)J. H. FIMPLE,
Acting Commissioner.
Mr. Fimple was unquestionably one of the ablest and most sincere officials that ever graced the position of Assistant Commissioner, consequently his remarks upon the subject must be considered accordingly. At the time Senator Fulton wrote the letter in question to Secretary Hitchcock, it was well-known that the Siletz homestead entries were under investigation by the Land Department, and if he was in ignorance of the situation, what then becomes of any of his recommendations?
Since all this happened, Senator Fulton has been retired to private life by his constituents, he having been defeated by H. M. Cake at the primaries held throughout Oregon on April 17th last, after one of the most sensational campaigns ever conducted in the State. Upon this occasion Francis J. Heney took an active part in the proceedings, coming from San Francisco especially to oppose Fulton's re-nomination. The distinguished graft prosecutor made three speeches in Oregon—two in Portland, and one at Salem—and it is noteworthy that the counties in which he appeared rolled up the largest majorities against Mr. Fulton. Much more might be told concerning the systematic manner in which Senator Fulton was led astray with such consistent regularity that it eventually became a sort of second nature for him to get deceived, but it would be equivalent to inflicting punishment after death were I to attempt to enumerate all the different instances where he has assumedly had the wool pulled over his eyes. If it had come to pass that he had developed a blind side, and that those wh5 were anxious to secure favorable action on questionable measures had learned the fine art of getting on that side in their operations, then it was high time for him to give way to somebody capable of representing Oregon in a creditable manner.
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