Thomas County cat. [volume] (Colby, Kan.) 1885-1891, 1885-11-26
THE THOMAS COUNTY CAT.
Open Letter.
L. S. LAND OFFICE,

OBERLIS, Kan, Oct, "a, 50
Henry Gieske, clerk district court.
kawiins county:
return the proof herein rejected
for the reason noted thereon.
Tn a recent letter Of Hon Commits
.,ioner 18th Copp 1872 to c. 5. Rowe,
special agent General Land Office,
YOU will find ting. following:
II am in recaei It Of your letter of
the 18th inst. stating that You have
found several tracts Of land upon
which final proof has been made un-
der the homestead and presumption
laws. where several acres of land were
broken prior to final proof, but not
cultivated to crops, and afterwards
allowed to grow up to grass and weeds.
You ask whether the production OF an
agricultural! crop is necessary in addl-
ton to breaking the soil, in order to
constitute cultivation as required by
law. In reply you are advised that
the purpose of the law is to give the
settler home and a farm.
Cultivation of the soil to crops or
other products is absolutely essential
in addition to bona fide personal resi-
,lence for the period required"
l also quote from commissioner Al.
&. Farland, 18th Copp III, a: follows:
VIM. j. Caughell: 1T is contended
by the Receiver that Mr. Coughell, by
breaking ten acres and preparing the
same for crops, had satisfactorily COM
piled with the law. am however of
different opinion and think the act of
turning over the original sod is not in
itself cultivation, as commonly under
stood. In future you will be govern
ed by the instructions contained here
in, and in all cases where only break
ing is shown without cultivation, the
proof should be rejected.
1t will be seen from the above that
the homestead and pre-emption claim
ant must actually raise a crop proper
" cultivated before making proof.
The second cause of rejection is
that the settler has not maintained an
actual bona fide residence upon the
land for six months, the shortest time
possible to bt considered in making
proof. Camping on the land or living
thereon in tent is not such actual
bona fide residence as is required by
the presumption law. He must reside
IN house aud that house should be a
part of the reality. There also seems
to be desire by settlers in this land
district to make presumption proof in
/. e shortest time allowed by law in
order to Immediately make home
stead or other entry and | quote again
from the Hon. Commissioners letter
first above referred to in reg:rd to
this matter as follows: IF settler
shandons or sells his claim immedi-
ateiy after proof or removes there
from his house, or fails to cultivate
the same, such facts are prima facia
evidence of bad faith and speculative
intent, and taken in connection with
slight Improvement and doubtful res
idence, will forfeit the residence entry.
| trust you will state these nec.ssa-
ny requirements of the law to settlers
who come before YOU to make final
proof and thus avoid unnecessary and
useless time and expense to the get
tier and work for this office and bear
the fact in mind that these public
lands are intended only for the per
sons who reside upon and cultivate
them for farms and homes, and not
for sale and speculation.
Very respectfully,
FULLY SCoTT, Receiver