Arizona weekly citizen., 1888-12-01
Rights of a Soldier.

| The two following letters from the de partment of the interlor are on file st Santa Fe in the lard office. They in et- fect decide a very important question in relation to the filing of homestead claims by old soldiers, As is well known the five years. residence required in any homestead entry, is curtsiled in the case of 6 soldier by ths amount of time actually served in the army. The question, however has been raised ss to where the time of this military service should apply whether at the beginning or end oft.he five years. According to these lenters it would seem that 1t applies ss well at the commencement ss at the con- clusion of ihe term of the homestead en- try.
 Department of tae Interior, General Land Office, Washington ID. C.-Regi- ster and Receiver, Santa Fe, N. M.- Gentlemen: an in receipt of your let- ter of the 9th Inst.. enclosing affidavit of contest. by Robert F. EnuIs against homestead entry No. 14O9, made by John J. Spur, Sept 12, 1882, for S11I SeI and S1s, Swl4 Sec. 10, also affidavit of Nicholas Jasper corrobOrsted. alleging that be had resided on She land since January last. snd in asking ID case No. 14O9 should be cancelled, that he be allowed preference right of entry. You submit the matter to this office for in struotions.
 In reply I have to state that a home stesd or other entry is SD appropriation of the land covered thereby, and until such entry is removed 10 preference right of entry is required by settling on the land, and such settler cannot de- feat the constestsnt's right under set of May IA. 1880, or even appear ss sn interpleder unless his settlement snted- ates the contested entry.
 As to the case in question will state that the entry papers and records of the war department show that Spur served in the army during the war of the re- bellion from AuguIt 2l, 1861 to Sep tember 9. 1865, and was consequently en- titled to credit ss to residence of four years, and as the affidavit of contest mer- ely alleges abandonment for more than six months prior to April 3, 1884. the con- test on such affidavit need not be allow ed, for if the allegation is proven it would not work forfeiture of the entry and you will SO advise the contestant. Very respectfully,
 N. O. McFARLvSD. Commissioner. Also the following a year letter ID refer encs to the same matter:
 Department of the Interior. General Lsud Office, Washington. n. C.-Regis- ter and Receiver. Santa Fe' New Mexico: In the case of NIoholGs Jasper vs. John J.Spurr. involving the la.ter's homestead entry, No. 1409, under the ac. O. June S.h, 1872. you transmit tht testimony ts- ken before A. 5. Hamilton, notsry public, and recommend in your letters of traDsmlttRl the cancellation of Spurs entry No 1, ,4O9
 Spur made his entry September 12th, 1882. He was a sol fer in the war of the rebellion, and the records of the war | department show that he served in the army from August 21, 1861; to Septem- Der 9th, credit for four years residence.
 The affidavit of contest claims that | Spur had abandoned the entry for twelve months prior to June l2, 1881. It Is therefore evident that he has con- piled with the homestead law, and the requirements thereof. The contestant in the case shows that Spur dled at Las Vegas m September 1884. He wasg a married man and it is supposed he left heirs who would be entitled to his state A contest will not hold where the hcmesteader hes complied with the re- quirements of the law under which he made his entry. Your decision is there fore reversed and the contest dismissed. AdvIce all parties in interest of this sc tion taken. and also the heirs if their address can be sscertsined. Very respectfully. l., HARRISON, Assistant Commissioner.