Wichita eagle. [volume] (Wichita, Kan.) 1886-1890, 1889-04-12
THE HOMESTEAD LAWS.
How they Affect the Former Residences
Of Oklahoma Settlers.
From the Globe-Democrat.

From the Globe-Democrat.
The rush to Oklahoma has led to many
questions as to the exact meaning of the
United States homestead laws, and nota-
bly, as to the exceptions that can be made
! to the enactment insisting on continuous
occupancy. By the act passed May 20,
1852, it was enacted, to quote from
Thompson on Homesteads ann Exemp-
| tions, that "a quantity of land not ex-
ceedlng 170 acres is given to any head of a
family possessing the required qualifca-
lions. /. E., citizenship or having given no
tlce OF Intention on condition of settle
| ment. cultivation and continuous occu-
pancy as home by the settler for period
OF five years. During this period the set
Tier IS prevented from alternating any part
or 1t, or from making any actual change
or residence, or from abandoning the
land for more than six months at any
time Ii he complies with the provisions
or the act he becomes entitled to patent
at the end of five years" This answers
the question as TO whether a man having
homesteaded ia Oklahoma can subsequent
ly return to his old home in another terri
tory or state and raise a crop. He must,
in order to make sure of his patent. move
his family on his homestead and make it
MS home. And he must proceed at once,
or within reasonable time, to its cultiva-
ton and to the erection of a residence. But
he need not devote the whole of his time to
the cultivation. and if he commences it, he
can leave it in the hands of, say his chill
dren and his help, and go back to the
farm he owns or rents elsewhere and raise
crop on it; provided, of course, he is not
absent for more than six months.
But it has been held that man who ran
a grocery store off his homestead, which
he only visits at rare intervals, could not
obtain his patent The question, it will
be seen, is involved in some little diff
Guilty, and legal advice as to the individual
cases should be obtained. Section ex-
pressly forbids homesteading in trust for
another, and, indirectly. homesteading IN
any particular by proxy. In decisions on
this subject the expression "any person
being the head of a family and residing
with the same" is frequently used, and the
tendency of all the rulings is in the same
direction, showing that a man can not
locate mis- wife and children on a home
stead and then leave them there for an
indefinite period, while he con-
ducts business elsewhere. Another de-
cision makes it imperative that ''the fam.
" must reside together in good faith
Other decisions are as follows: "a home
stead necessarily includes the idea of
residence" sit is the land where is situat-
ed the dwelling of the owner and his fam
ily" at must be the owners place of
residence-the place where he lives"
There are conflicting decisions on the
question whether the land may be in part
rented out for various trade uses. The
California courts have held that the occu-
pancy of the wife will suffice, even if the
husband resides elsewhere, but this is
in consequence of special provisions
in the state constitution and is
not of general application. Authorities
condemn the decision as directly at vari-
ance with the homestead act. Several
cases have been decided in Kansas in
which very strict rendering of the ex-
preston Continuous occupancy has been
insisted on, and in some of the southern
states difficulties have also arisen in con-
of provisions in state constitu-
tions, or of laws on state statute books.
But in regard to Oklahoma this diff
Guilty can not arise. The district about to
be opened up is not under the control
of any state or territorial governments,
and the United States statutes apply in
without any variation or eX-
Il