The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1889-06-25
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
WASHINGTON, D. c., March 8, 1889.

WASHINGTON, ID. T., March 8, 1889.
Register and ReceiCer United
States Land office :-GENTLEMEN:
Your attention is called to the pro-
visions of an act of congress entitled
AN act to withdraw certain public
lands from private entry, and for other
purposes" approved March 2, 1889, a
copy of which is hereto attached, con-
taining eight sections.
The first section of said act pro-
vides that from and after its passage
mo public lands of the United States,
except those in the state of Missouri,
shall be subject to private entry"
This relates to the private sale or
entry of Offered" lands under sections
2,354 and 2357 United States Revised
Statutes. See pages to 8, 80 and 81,
general circular, January l, 1889. No
sale or location, at private entry, will
be admissible under said first section,
except in Missouri, but disposais of
this class of Offered" lands under the
pre-emption, homestead or other laws,
are not otherwise affected thereby.
The second section of the act allows
in general terms any party who has
heretofore made a homestead entry
and who has not perfected titles there
under. can make another homestead
entry, while denying such right to any
party who perfects such title to lands
under the pre-emption or homestead
laws already initiated, and specifically
provides that parties who have exist
ing pre-emption rights may transmute
them to homestead entries and perfect
title to the lands under the homestead
laws, although they may have hereto
fore had the benefit thereof.
Therefore you will not hereafter re-
ject homestead application on the
ground that the applicant cannot take
the prescribed oath that he has not
previously made such an entry, but
he will be required to show, by afi-
davit, designating the entry formerly
made by description of the land, num-
ber and date of entry, or other suf-
ficient data, that it was madesprior to
the date of said act, and also that he
has not since perfected pre-emption
or homestead title initiated prior to
that date. In cases when the former
entry was made subsequent to the date
of the act, the rule remains unchanged,
as given on page II of the general
circular of January l, 1889.
The third section provides for per-
mission to be granted in certain cases
by the register and receiver of the
proper district land Office for parties
claiming public land as settlers I'M
der existing laws to leave and be alb
sent from the land settled upon for a
specified period, not to exceed one
year at any one time. The applicant
for such permission will be required
to submit testimony to consist of his
own affidavit, corroborated by the
affidavits OF disinterested witnesses,
executed before the register or re-
ceiver or some officer in the land
district using seal and authorized to
administer oaths, setting forth in de-
tail the facts on which he relies to
support bis application, and which
must be sufficient to satisfy the regis
ter and receiver, who are enjoined to
exercise their best and most careful
Judgment in the matter, that he is I'M
able, by reason of a total or partial
destruction or failure of crops, sick
ness or other unavoidable casualty to
secure support for himself or those
dependent upon him upon the land
settled upon. In case leave of alb
sence is granted the register and re-
ceiver will enter such action on their
records, indicating the period for
which granted and promptly report
the fact to this Office, transmitting the
testimony upon which their action is
based. In case of refusal the appli-
cant will be allowed the right to APP
peal on the usual conditions.
By reference to section 4 you will
observe that it simply fixes at S1.2J
per acre the price of certain lands
within the limits of railroad grants
which has been increased by law to
the double minimum price.
The fifth and sixth sections both
provide that parties who made home.
stead entries prior to the date of the
act, of less than 160 acres, shall have
the right to make an additional entry
of a quantity sufficient with the orig
inal entry to complete the maximum
quantity of l60 acres, without affect
ing existing rights of soldiers
pages 26, q of circular of January l
l889-or of settlers within railroad
limits-see pages q, % and % idena
l. The fifth section provides for an
additional entry of land which shall
be contiguous to the land embraced
in the original entry, for which the
final proof of residence and cultiva,
ton made on the original entry, shall
be sufficient, but of which no party
shall have the benefit who does moi
at the date of his application therefor
own and occupy the land covered by
his original entry, and which shall moi
be permitted, or if permitted, shall be
cancelled, if the original entry should
fail, for any reason, prior to patent, OIL
should appear to be illegal or fraudu-
lent. Applicants for additional en-
tries under this section will be re-
quired to produce evidence that they
own and occupy the land embraced in
their original entries, to be properly
described by legal subdivisions and by
reference to the number and date of
the original entry, and the evidence to
consist of their own affidavits, corrob-
GRATED by the affidavits of disinterest-
ed witnesses, executed before the reg