Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1888-08-03
Mashinatun Stanaara
Cops Land Review.
FINAL PROOF on VARIOUS CLASSES OF
ENTRIEs-wHO NAY MAKE 1T.

an entry for public land, under what
ever law or method of disposal it may
be, is the person having the primary
r;oh' rri r-.. ~ aliv - "a
max, inai lUot, wh,i, ...>i step Is
necessary 70 perfect title under the
provisions OF the law.
The question as to who may make
such proof in the event of the death
OF the entryman is one OF general IN
terest and no little importance, and
respecting which the public at large
has very little knowledge.
The pre-empticn laws are the Oldest
of the so-called Settlement Laws,
and stand first in order. A claim
having been initiated by settlement
and in due time by filing of DECLARE
tory statement, may be perfected upon
the death of the settlers by the heirs
of for their benefit. That is, ii the heirs
have reached the age Of twenty one
wears, they may either collectively or
by one of their number, acting for alb
submit the necessary proofs and make
payment for the land, whereupon the
patent will issue to the heirs" of the
deceased entryman. If none OF the
heirs have attained their majority the
final proof and payment may be made
for the benefit of the heirs by guar
dian duly appointed. The widow. as
a general rule, is not entitled to per-
feet the claim of her deceased husband
in her own right, but in States where
by law she is one of the heirs, she is
entitled to all rights and benefits
accruing to other heirs.
The homestead law, next in order,
awards the land embraced in the
claim of deceased entryman, first to
the widow. If there be no widow, the
right and fee inure to the benefit OF
such "infant child and children" as
may survive the death of the parents.
In such case the land may be sold for
the benefit of the child or children, or
title may be perfected for their bene-
fit, in the usual manner, by duly APP
pointed guardian. There being no
widow or "infant child" the right
descends to the heirs or device of the
deceased entryman and the proof may
be made by any one of them for the
benefit Of all, and patent will issue to
"the heirs" Where patent is to be
issued for the benefit of /" infant child
or children" the full name of each
and every child must appear therein.
Where entries or claims have been
duly initiated under the homestead
and pre-emption laws by persons who
have subsequently become insane, the
same may be at once perfected by any
person duly authorized to act for the
entryman during his disability, it be-
ing necessary to show in the final
proof only that the requirements Of
law were fully complied with by the
entryman, up to the time Of becoming
ineane, and that the insanity exists.
While the timber-chlture law does
not require actual residence upon the
land entered, yet by reason of the
cultivation, etc., required, an entry
made by its authority may fairly be
considered q settlement claim.
Proof upon an entry of this class can
be made by or for the benefit OF the
heirs only.
The desert land law is applicable
only to the States of California, Ore
gon and Nevada and the Territories
of Washington, Idaho, Montana
Utah, Wyoming, Arizona, New Mexico
and Dakota. The final proof and
payment may be made by or for the
benefit Of the heirs, or by q duly ap
pointed administrator.
The timber land law, operative only
in the States of California, Oregon
and Nevada and Washington Terri
tory, requires proof precedent to en-
try. This must as o rule, as any ont
can see, be made by the party apply
ing to make the entry. Exceptions tt
the rule are made, however, and wher'
an applicant who has initiated ,
claim, and commenced the publica
ton required, dies before the expira
ton of the prescribed period of publ
cation, the entry may be perfected b.
an administrator for the benefit of tn
heirs.
The proofs required under the, law
relating to mineral entries may b
made by any party in interest, or tn
duly authorized agent of such party.
Senator Stewart informs me that h
does not expect or desire Senate bill
No. 1883, amending the mining laws
70 pass at this session of Congress
He invites correspondence with tn
view Of making the bill perfect befor
it, passage. Copies of the bill can b
obtained from Senators and Represen
tatives. As it passed the Senate tn
date of relocating mines was changes
from January I'd to August LIST. Tn
proposed law allows an individual t.
make only one location on vein o
twenty acres of placer, and prevent
y person from relocating mine VIII
has once abandoned it.
There is no other measure befOr
Congress affecting mining interest
that has any prospect OF becoming
law during the Fiftieth Congress.
Free Trade vs.. Protection.
The word protection" as applie'