Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1881-06-02

GENERAL LAND OFFICE,
Washington, DC. April lS, 1881
TO District Land Officers:
G -:SrLEMAN 1T has long been a
Department ruling under section q
391, Revised Statutes, that if home.
stead claimant did not establish his
residence upon the homestead within
six months from date of entry, such
entry might be contested and cancelled
for abandonment.
By act Of Congress approved March
4, 1881, copy appended hereto, the
Commissioner of the General Land
Office, in his discretion, may allow the
settler twelve months from date of en-
try in which to commence his residence
on the land where there may have
been climatic reasons which prevented
the establishment of residence at an
earlier date.
At the expiration of six months
from date of entry, the homestead par
~ who has not been able to establish
: bona fde residence upon the home
stead owing to climate reasons, must
file with you his affidavit, duly corro-
borated by two credible witnesses giving
in detail the storms, floods, blockades
by snow or ice, or other climate causes
which rendered it impossible for him
to commence residence within six
montha
1t will be insisted in each case that
the claimant shall exercise all reasona-
bic diligence in establishing bona .fde
residence as soon as possible after the
climatic hindrances have disappeared,
and . failure to do so would imperil
the entry prior to the expiration of one
year from date of entry. A claimant
cannot be allowed the latitude of IL
months when it can be shown that he
could have established his residence on
the land at an earlier day. To the
end that proper data may be pl cea on
file, you will require each settler who
seeks the remedy which said acts trusts
to my discretion to furnish a supple
mental corroborrated affidavit as soon
Is residence is established by him, Civ
ing date of the completion of his house
its probable value and the date of CON-
mencing residence therein.
The affidavits called for should be
acknowledged as in homestead proof,
before judge or clerk Of the court O;
the county in which the claimant re-
rides, or before district land officer.
You will transmit such affidavits to
this Office to be fled with their respec-
tive homestead papers, and for such
seton as may be required.
Very respectfully,
G. w. HOLCOMB,
Acting Commissioner.
Be 1t enacted, ETC., That section
number 1927, Of title number 80 be
amended by adding thereto the follow
ing proviso, namely: Provided, That
where there may he climatic reasons
the commissioner of the general land
Office may, in his discretion, allow the
settler - months from the date Of FL
ing in which to commence his resi-
denoe on said land under such rules
and regulations as he may prescribe.
Approved March 3, 1881.
GENERAL LAND OFFICE,
Washington, D. c., April 2, 1881
To District Land Officers:
GENTLEMEN 1T often happens that
homestead settlers on appearing to
make final proof, find tina. their claims
are covered by presumption D. 8. FL
ings; which would have expired under
general statutes, except for special
grasshopper extension laws, which may
keep the filings still in force.
When such cases arise in the future
you will, when tho homestead settle,
applies to make proof, at once send q
notice to the pre- emptor addressed tc
the Office nearest the land if you dc
not know his actual residence), advis
ing him that tho homestead claim il
about being perfected, and that sixty
days will be allowed him in which t.
show cause vhy his fling should no.
Do cancelled and the homestead entry
completed, and that his failure to re
spond thereto will be deemed waiver
to his alleged pre- emption right.
This being done, you will, if no re
ponse is received from the pre-empto
within seventy days from the date c
your notice, proceed to cancel the 81
ing on your records, and report tn
tact, with the date of cancellation t,
this office.
The same course may be pursue'
when bona tide pre-emptors appear a
yourofice to make proof and entry
and find adverse filings upon thei
claims.
Very Respectfully,
J. A. WILLIAMSON.
Commissioner.
Coop MINEs.-A gentleman inform
the Palouse Gazette that the mines il
the vicinity of Northrup & Moore