Bismarck weekly tribune., 1889-10-11
LAND OFFICE DECISION.

The new commissioner of the general
land office, Judge Lewis A. Croft, has
rendered decision on an appeal from
the local land Office at Benson, Mimi,
which is important as indicating the
policy to be pursued with respect to
similar homestead claims. 1t was the
case of Johannes Frederick VS.. Fred
Hansline. The decision appealed from
holds that evidence submitted at a hear
ing shows that Hansline had failed to
comply with the letter of the homestead
law, in that he did not establish actual
residence upon the land within six
months after date of his entry and had
made only occasional visits to the land
up to the date of initiatinglcontest. This
fact is held to show lack of good faith
on his part and his entry was accord
ingly cancelled. Commissioner Croft
overruled this decision and says:
From examination of testimony the court
finds the following facts: Claimant admits
that his has not established his residence
on the tract involved before he received
notice OF contest. When he made entry
there for his home he was with his father
about one mile from the land in dispute
and during the summer and fall OF 1856 he
helped to cultivate and harvest crops on
to break about eight acres on his own claim
and to put up several tons OF hay thereon
in July, 1885. In September he quarried
rock and built Herewith stone wall
or foundation for a dwelling house 14X2O
feet, also dug a cellar. In October
he collected building materials on the
land to the value of thirty dollars. In
November he commenced to put up his
house, but did not get it in an inhabitable
condition-and let it go unfinished during
the ensuing winter. AS soon as the weather
became fit in the spring of 1887 he resumed
operations on his claim, having made his
home with his father during the winter
and at time Of hearing. April 2, 1887, he
had his house finished and was occupying
it. Claimant was single man, having no
property but q yoke of oxen, and had to
purchase lumber for building his house
He could not get money sufficient for that
purpose in time to complete 1t within SIX
months from the date of his entry, but he
finished it as soon as he could, and was on
his claim in ample time to put in crop dur.
ing the hrSt season OF which crops could
be cultivated after he took it. see no
bad faith here and no cause is shown for
cancellation of Hansline's entry. The rule
requiring the maker of Homestead entry
to establish actual residence upon the land
within six months from date of his entry
like all rules it has its exceptions and is
not to be insisted upon where an entry
mans good faith toward the government
is sufficiently shown or where his acts are
not inconsistent with honest purpose to
comply with the law. l find from testi-
monY that claimant in this case took the
land for purpose Of actual settlement and
convertlon and jndge by what he has al
ready done ON it, and find nothing on rec
ord to justify doubt concerning the hon
estv of his intention for the future.
This ruling is eminently liberal and
just, as it will often protect an honest
settler who has not the ability to cary
out the technical letter of the law in COM
pleting his evidence of good faith, of
which he might be deprived by some un-
scrupulous claim hunter, ready to avail
himself of some unfortunate mans small
innrOvamanta