Northern tribune. [volume] (Cheboygan, Mich.) 1875-1885, 1881-04-30

NEUTRALITY-SUSPICIOUS.
Some Facts Respecting the Rights o
Soldiers Under the Homestead Laws
y no the Editor of the Inter-Ocean.
II WASHINGTON, April 1O.-I take the lib
erty of sending you the following, be-
lieving that the information therein
contained will prove of great value ia
ex-sOldiers who have heretofore made
homestead entries or who may cOntem-
plate such action, and should be widely
disseminated.
The Commissioner of the General Land
Office was asked, whether after soldier
has i'm person or by agent made an entry
for a certain quarter section he may as
sign his interest therein to another be-
fore he has commenced his residence on
and improvement of the land?
If the soldier should SO vacate his entry
or fail to appear within six months could
he at some future time enter upon other
land?"
THE COMMISSIONERS REPLY.
| The following is copy of the response
made by the Commissioner:
| LIN reply have 20 inform you that
| soldier cannot make an original home
stead entry by attorney or agent. He
may file homestead declaratOry state
ment by agent Revised Statutes Sec.
2809] or having made homestead entry
prior to June y, 1874, for less than 160
acres he may make an additional entry
Revised Statutes Sec. 2306] for such
quantity of land as may be necessary to
aggregate with his original homestead
100 acres, and this additional entry may
be located by an agent duly authorized
by power of attorney, and the party is
not required to reside upon or cultivate
the land embraced in such additional
entry, provided that he shall have COM
piled with all legal requirements re-
specting his Originalfentry. In the event
that the original entry of soldier made
prior to June %, 1874, has been cancelled
for anyreas0n--thear area of land embrac-
ed i'm 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.
A soldier within the meaning of this
letter is a person who served during the
war of the rebellion for ninety days or
more i'm the army of the United States,
and who was hOnOrably discharged
therefrOm. The same privileges are eX-
tended to persons who served as above
i'm the navy.Or marine corps and received
honorable discharges.
HOW RIGHTS ARE FORFEITED.
ANY person, soldier or citizen, who
should make a homestead entry under
existing laws and fail to comply with
legal requirements will, upon the can
collation. of his or her entry by reason of
such failure, forfeit all rights under the
homestead laws, and cannot thereafter
make a homestead entry.
The filing of homestead declaratOry
statement under section 1909 Revised
Statutes secures to the party prefer
ence right to make homestead entry
for the land filed upon within six months
from the date of filing. Should party
who had made such filing fail to make
a homestead entry for the land filed up
on, such failure would not operate to de-
feat his right to make homestead 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 homestead entry
for any other vacant unapprOpriated |
public land not exceeding in area the |
maximum quantity allowed by law.
INTENTIONS AND ACTIONS.
The object of the Commissioner i'm the |
above letter was to clearly distinguish |
between an actual homestead entry and |
a mere declaration of intention to make
such entry. The filing of declaratOry |
statement by a soldier gives him no title |
to the land, but only serves to notify the |
world that he intends to make entry of |
the land within six months from date of |
filings his claim expires by statutory |
limitation and his rights under section |
1909 Revised Statutes are exhausted and |
he cannot legally file another declara-
tory statement for homestead entry re-
mains intact, however, and he may at |
any future time make such entry for
the land filed upon Gf vacant) or for 9TH
er land subject to disposal under the |
homestead laws, with the same privi-
leges as though he had not filed the de-
claratOry statement.
Many persons enormously suppose that
filing homestead declaratory statement
Is equivalent to making homestead en-
try, and that having made such filing
nothing more is required of them than
to go upon the land to reside, and at the
proper time make final proof. To cor
rect this false impression have taken
the trouble to write and send you the
above, hoping that it may have the bene-
fit of the extensive circulation among
soldiers afforded by your journal and
prove the means of enabling them to
better know and protect their rights.
GLIB.