The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1881-05-13
Ex.soldIers and the Homestead Laws.

: Z - - = D n =
TAKE the bbesty of sending you the FOLLOW
ing. believing that the Information therein
contained will prove Of great value to ex-soi-
diers who have heretofore made -hOmeeeea0
entries or who may contemplate such action,
and should be widely disseminated.
The Cemnissi0ner Of tho General tqnd of7
fee wsisasked: "Whetber, after q s04gi4er has
in person or by agent made an entry for GER
tain quarter section he may assign his interest
therein to another before he has commenced
his residence on and improvement OF the
land? ? go II the soldier should so vacafe
his entry or fail to appear within six months
could he at Some future time enter upon other
landY M t6 "a
The following Is copy Of the response
made by the Commissioner: :.
"In reply have to inform you that a sol
der cannot make an original homestead entry
by attorney or agent. he may file home,
stead declaratOry statement by agent tRevlsed
Statutes Sec 2yQyb Or having made = homer
stead entry prior 10 dne 2, 1874, for less than
16O acres, he may make an additional entity IKE
vised Statutes Sec. 2SO6l for such quantity OF
his original homestead 100 acrei and this adj
ditioual entry may be located by an agent
duly authorized by power Of attorney. and
tine is mot to- np0g
additional entry, provided that he
shall have complied with ALI z legal
requirements respecting his original entry. In
the event that the original entry of soldier
made prior to June % 1874, has been cancelled
for any reason-the area Of land embraced In
such entry being less than 100 acres-the Party's
right to an additional entry still exists. but he
will be required to reside upon and improve
the land embraced in his additional entry the
same as though the original entry had not
been initiated. F ~
IA soldier within the meaning of this letter
is person who served during the war OF the
rebellion for ninety days or more in the army
of the United States, and who was honorabiy
discharged therefrOm. The same privileges
are extended to persons who served as above
in the navy or marine corps and received
honorable discharges.
"Anyperson. soldier or citizen, who should
make ahOmestead entry under existing laws
and fail to comply with legal requirements
respecting residence and improvements will,
reason of such failure, forfeit all rights under
the Homestead laws, and cannot thereafter
make a homestead entry.
1.-The filing of a homestead declaratory
statement under section 2,309 Revised Stat
utes secures to the party preference right to
make q homestead entry for the land tiled
upon within six months from the date of til
ing. should party who had made such
filing fail to make a homestead entry for the
land filed upon, such failure w0nld not
operate to defeat his right to make home
stead entry for such land if no adverse claim
for the same appears, or, if the land filed upon
shall have been otherwise disposed of, he may
legally make a homestead entry for any
other vacant unappropriated public land not
exceeding in area the maximum quantity a.
lowed by law. I
The object of the Commissioner in the
above letter was to clearly distinguish be-
tween an actual homestead entry and a mere
declaration of intention to make such entryg
The filing of declaratory statement by
soldier gives him no title to the land, but
only serves to notify the world that he intends
to make entry Of the land filed upon. If he
fails to make entry of the land within six
months from date of filing, his claim expires
by statutory limitation and his rights under
section 800 Revised Statutes are exhausted.
and he cannot legally file another declaratory
to make homestead entry remains intact,
however, and he may at any future time
make such entry for the land filed upon Gf
vacant, or for other lana subject to disposal
under the Homestead laws, with the same
privileges as though he had not filed the de-
claratOry statement. =
Many persons enormously suppose that fl
ing a homestead declaratory statement is
equivalent to making homestead entry, and
that having made such filing nothing more is
required of them than to 90 upon the land to
reside. and at the proper time make final
proof. To correct this false impression l have
above, hoping that it may have the benefit of
extensive circulation among soldiers, and
prove the means Of enabling them to better
know and protect their rights Washington
Cor. Chicago Inter-Occan.