National Republican. (Washington City (D.C.)) 1872-1888, 1886-01-30

not imperatively required that the entry
man must personally remain upon the land
every moment Of the five years. He may
be temporarily absent for purposes Of bust
ness or pleasure during brief periods; but
should he remove from the land-that Is,
change his residence and remain absent for
more than six months-his entry would be
liable to contest and cancellation on the
ground Of abandonment Attic expiration
of five years from the date OF entry, or
within two years from the expiration Of
that period, final proof may be made, aud
upon the payment Of register and receivers
commissions, equal to the commissions paid
at date Of entry, final receipt ana certificate
will be Issued emitting the party TO patent
for the land. If the party does not desire
to reside upon and cultivate the land for
the full period Of five years he may make
proof and payment for the tract as provided
by prc.cmption law
elias not the commissioner recently made
u decision Of some Importance respecting
this provision OF the lawg"
"Yes, It is now held that n person who
has had the benefit OF the pre- -cmptOn law
cannot avail himself Of dissemination
MS II is callcd-proyislon Of the homestead
laws. ! suppose, though | do not know
that an actual case has ever been presented,
that ills decision would also operate to de-
bar from the privilege Of prescription per.
son who had previously committed a home
stead.n
"What privileges have cx.soldiers over
ordinary citizens under the homestead lawsW
"A person under the age of 81, who
served fourteen days or more in the army
or navy during the war Of the rebellion,
may make Il homestead entry and foreign
born person who rendered such service
may initiate an entry without the Formally
Of declaring his intention to become a citi-
| zen Of the United States. In making final
| proof an ex.sodier may claim aud receive
credit for the period Of his military service
| not exceeding four years-in lieu of resi-
dcnce upon and cultivation OF the land.
| That is to say, person who served four
years or more may make final proof at the
expiration Of one year from the date OF
entry. They can file their claims by at
"What are soldiers additional home
| a.cGdsfN
"When the original homestead law was
enacted the maximum quantity OF land
which could be taken by one person was
fixed at 100 acres at Sl2j, or so acres Of
$3.50 land. Many soldiers made entries for
the smaller quantity Of high-priced land,
and Congress afterward passed a law by
which soldiers and sailors might enter 100
acres Of the $3.50 lands, and those who had
prior to that time made entries for a less
quantity might make additional entries for
so much lands as would, with those already
entered, aggregate the full quantity Of 100
acres. Where the beneilciarios of this act
had fully complied with legal requirements
respecting their original entries, they were
not required TO reside upon the land EN-
bracGd in their ndditionals. The law did
not require that the original and
additional homesteads sho lid cover
contiguous, or adjoining lands. To
facilitate the business under this
law, and for the information of registers
and receivers, the general land office at one
time issued certificates In the names Of per
sons found entitled to additional lands, to
be used in the location of their additional
homesteads. These certificates were ostcn-
sibly not transferable, but, as a matter
OF fact, were almost universally trans
ferred by means Of ingeniously constructed
powers Of attorney. These became a COM
mercial commodity, and the name soldiers
additional scrip has been applied to them.
have been sold as high as SIS to 500 pei
acre. The average price at present is about
Sl2. Commissioner Mcfarland discontinued
the practice Of issuing certificates Of thi,
kind, since which time persons entitled e
the benefits Of the law have been required
to file their applications In person at tn,
district land oillcesn
care any persons not entitled to pre-
cmption privileges entitled to make home.
stead entriesYn
"l}Cside the young soldiers and sailor.
mentioned abovc-of whom there are none
now-l believe that Indians who have
severed their tribal relations are the ouly
beneiiciaries of the homestead laws who
cannot initiate presumption ontrlos.n
What are the special features of the tim
Der culture lawgn
"This law applies only to lands naturally
devoid Of timber. Only one-quarter of ANY
section can be taken under it-and entre
are restricted to 100 acres or less-by one
person. A timber-culture entry cannot
legally be made for land forming part OF
Il section upon which there Is or has been
natural growth OF timber. The fee re-
quired ut time OF making timber-culturC
entry is the same as required by homestead
law, but the register and receivers com
missions are fixed at 81 on each entry, re
gardless of the quantity or value of the
land embraced, with like sum at the time
OF making final proof, Within one yeal
from the date Of entry five acres must be
broken, where the entry Is for 100 acres; aud
proportionate amount where the entry
is for smaller quantity, aud during
the second year the plOwcd land
must be cultivated to crop or other.
wise, and five acres additional must
he broken. During the third year the
five acres first broken must be planted &c
trees, seeds, or cuttings, and the second
five acres must be cultivated TO crop OF
otherwise. During the fourth year the
timber on the first five acres must be cared
for and the second five acres must bC
planted to timber. At the expiration OF
eight years, or within five years from the
expiration Of that period, final proof may
be made. II must show that not less than
twCnty-scven hundred trees were planted
on each OF the ten acres; that the tree,
have been cultivated and protected for moi
less than eight years, and that there are
growing at least six hundred and seventy
five living, thrifty trees to each acr,
PLANTED. Any person who is the head of
family, or 81 years of age, a citizen of tn
United States, or has declared his inten
tion to become such, who has made n,
limbercu lture entry, is entitled TO tn
benefits Of the act,n
"Why is Il that so many fraudulent en-
tries are made under this lawgn
81 suppose that the prime cause Is tina
sentiment which seems TO prevail through
out the country, TO the effect that II Is n,
crime to swindle the government TIT
facilities for making fraudulent entrie
, under this law are much greater than thOs
offered 10y any other law under which al
entry segIegating the land from the public
, domain can he made, The affidavit can HI
executed before any officer within tn
land district authorized to admniste
Oaths, and sent with the application an,
, | lee ana commissions 10 the register ana re
ceiyGrby mail, After the entry admitted tn
party can hold the land for one year withou
any expense, as no contest against the cntr,
can be Instituted until after one year from
the date of entry. This affords spendiC
opportunities for speculation, by selling
, out-at handsome advance over the out
lay-a REIMBURSEMENT Of the entry, to some
one who wants the land. In the event tina
no contest is begun against the entry tn
/ time which person who has initiated tn
! same may hold a claim to the land Is limited
I only by the period prescribed by law 70
|, making final proof. Entries are often mad
, by unscrupulous uOtarics public In flctltiou
I names. When customer for the claim 1
F,,,p,1 ,,nuror ~ uttnrpn,t &c nostI,, 90,