43 
(8)  Notice  of  Forfeiture. 
Before  a forfeiture  may  be  declared,  the  settler  should  have 
thirty  (30)  days’  notice  of  the  same  and  of  the  cause. 
SALES  UPON  FORFEITURES. 
Upon  the  subject  of  forfeiture  sales  there  appear  sections  in 
other  sections  of  the  Land  Act  particularly  referring  to  Right  of 
Purchase  Leases  and  Cash  Freeholds  providing  for  an  appraise- 
ment and  sale  of  the  permanent  improvements  for  the  benefit  of 
the  settler.  Similar  to  these  sections  provision  should  be  made 
that  before  a forfeiture  sale,  the  value  of  the  permanent  improve- 
ments and  the  growing  crops,  if  any,  should  be  appraised  separ- 
ately as  one  item,  and  the  unimproved  value  of  the  land  separ- 
ately appraised  as  another  item.  Upon  the  forfeiture  sale  which 
should  be  held  expeditiously  after  the  final  determination  of  any 
forfeiture,  the  settler  should  receive  the  proceeds  from  the  sale  of 
the  permanent  improvements  and  the  growing  crops,  if  any. 
There  should  be  no  participation  or  sharing  by  the  settler  in  the 
increase  o*  advance  on  the  original  price  of  the  land  itself  for  the 
reasons  hereinafter  set  forth  under  the  heading  “Sharing  in  In- 
crease Price  on  Forfeiture  Sale.” 
SETTLEMENT  OF  CONTROVERSIES  RELATIVE  TO  FULFILLMENT  OF 
CONDITIONS. 
All  controversies  or  disputes  between  the  Commissioner  of 
Public  Lands  and  the  homesteader  as  to  whether  a homesteader 
has  in  good  faith  fulfilled  his  conditions,  should  be  subject  to 
appeal  to  the  Governor  whose  decision  shall  be  final,  rather  than 
that  the  controversy  should  be  submitted  to  the  courts.  The 
method  of  appeal  to-  the  Governor  is  simple,  expeditious  and 
devoid  of  technicalities.  The  high  office  of  the  Governor  is  an 
assurance  to  the  purchaser  that  his  rights  will  be  safely  guarded 
and  at  the  same  time  the  rights  of  the  government  will  also  be 
protected.  The  United  States  Land  Law  provides  for  an  appeal 
to  the  Secretary  of  the  Interior.  Experience  on  the  mainland 
under  such  a practice  has  shown  its  usefulness.  A suggestion  has 
been  made  to  the  Commission  that  an  appeal  should  lie  to  the 
Secretary  of  the  Interior  at  Washington  from  the  decision  of  the 
Territorial  authorities.  The  Commission  does  not  approve  of 
such  a suggestion.  It  would  be  cumbersome,  cause  great  delay, 
and  be  in  the  nature  of  an  acknowledgment  of  our  inability  to 
solve  small  local  problems. 
