Wichita eagle. [volume] (Wichita, Kan.) 1886-1890, 1889-04-11
WHICH HAS PRECEDENCE?
BELLE PLANE, KAN, April ., 1SS

| Tot Editor Of the Eagle.
| Your paper is looked upon as the diction-
| airy of Oklahoma, and many of the home
seekers in that promised land are going
there ''girded about with information OBJ
| tanned solely from the great champion"
so the end that those who make the sad
mistake of leaving Kansas (Which literally
blossoms as the rose may not make
worse mistakes after they 'get there"
will you not please tell them the time
which is allowed homesteader to make
his filing after settlement and the cost of
making such filing. An impression is
widespread that filing" on
actual residence on the tract. In other
words: that should two persons leave
Belle Plaine on same day to take claims
or homesteads in Oklahoma, one going
directly to the United States land office
and making filing on quarter that he
has not seen, after 22d inst, the other
going directly to the same quarter and
settling upon it, the former would have
the best right and hold the quarter in case
of contest No doubt a plain statement
of the law, lin such cases made and pro-
vided," would be highly appreciated by
many readers. Yours most respectfully,
ONE WHO THINKS KANSAS LAND
GOOD ENOUGH AND CHEAP ENOUGH
TO STAY WITH.
The priority of right to a claim in
Oklahoma country in a case such as you
contemplate, would rest with the person
who could establish the first compliance
with the law. For instance if A and B
leave Belle PLANE whether together or
simultaneously it does not matter) and
should reach, A the land office for the
district, and B the claim, both the filing
at the Office and the entry upon the
claim occurring simultaneously, and A
should proceed to the claim and B to
the land office and the reverse acts of
filing and entry made by them should
occur at the same time, it would present
a case that would have to be de-
cided by the registrar under in
structlons from the department, but
such case is not likely to
occur. Again, if B goes on.the claim
and begins the work of settlement, say
twenty-four hours before A makes filing
on the claim at the land office, and pro-
ceeds to comply with the terms of the
law by filing on the claim within a rea-
sonable time the homestead laws say he
must make filing within three months).
BIS claim would unquestionably take
precedence, though it would be unwlse
for him to delay making his filing so
long, or beyond the earliest practicable
Further still, if A should make filing
on claim and neglect to go upon the
claim promptly and begin work of i'm
proving same in evidence of good faith,
he would certainly jeopardize his right
to the claim as against B, though BIS en-
try upon the claim and work of making
settlement in good faith should date
few hours subsequent to AS filing
In short, both filing and entry upon
and actual work of improving claim
are necessary steps as evidence
of good faith on the part of
claimants and the one who can establish |
the fact of first performing those acts
will have prior claim upon a given |
quarter section of land.
The act OF congress opening the Okla |
homa lands TO settlement is comprised in |
the amendments attached TO the Indian !
bill, but two or three sec
tons of the general homestead law,
which are referred to by number in the |
said bill, also apply. There are some |
fine points of distinction, however, owing
to the peculiar wording of the act that
may lead Secretary Noble to make
further decisions as between claimants
TO the lands in question.
The total cost of claim, whether a
quarter section 060 acres or an eighth
so acres is $50, the land office fees. SIG
Of which must be paid at time of filing
and balance at time of final proof.