The Dickinson press., 1889-10-12
Land Office Decision.

The new commissioner of the gen.
eral land office, Judge Lewis A. Croft,
has rendered a decision on an appeal
from the local land Office ut Benson,
Mimi, which is important as indicat.
ing the policy to be pursued with
respect to similar homestead claims.
1t was the case of Johannes Freder-
lick VS.. Fred IIanslinc. The decision
appealed from, holds that evidence
submitted at a hearing shows that
Haslinc had failed to comply with
the letter of the homestead law, in
that lie did not establish actual resi-
dcncc 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 initiating
contest. This fact is held to show
lack of cool faith on his part and his
entry was accordingly cancelled.
Commissioner Croft ovcrruled this
d rision and says:
From examination of testimony the
court finds the following facts:
Claimant admits that he has not es.
tab,ished his residence OH the tract
involved before he received notice of
contest. When he made entry there
for bis home lie was with his father
about n mile from the land in dis.
pute and during the summer and fall
of 1855 he helped to cultivate and
harvest crops OH his fathers farm.
He found time. however, to break
about eight acres on his own claim
and to put up several tons of hay
thereon in July 1886. In September
he quarried rock and built Herewith
Il stone wall or foundation for u dwell.
ling honse l4X20 feet, also dug a Gel
lar. In October he collected building
materials Oh the land to the value of
thirty dollars. In November he com.
menced to put up his house. hut did
not get it in an inhabitablc condition
and let it 60 unfinished during the
ensuing winter. AS soon us 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
the time of hearing, April 9, 1887, he
had his house finished aud was oc.
cupying it. Claimant was IL single
man, having no property but u yoke
of oxen, and had to depend upon his
w labor for mean to purchase lum
ber for building his house. lie could
not get sufficient money for that pur.
pose in time to complete it within
six months from date of his entry,
but he finished Us soon as he could.
and was on his claim III ample time
to put in crop during the first season
of which crops could be cultivated
after he took it. | see no bad faith
here and no cause is shown for can.
collation. of Hansline's entry. The
rule requiring the maker of a home.
stead entry to establish actual resi-.
dence upon the land within six
months from date Of his entry, like
all rules it has it's exceptions and is
not to he insisted upon where an en-.
try mans good faith toward the gov.
eminent is sufficiently shown or
where his acts are not inconsistent
with honest purpose to comply with
the law. / find from testimony that
claimant in this case took the land
for purpose of actual settlement and
convention and Judge by what he has
already done on it, and find nothing
on record to justify doubt concerning
the honesty of his intention for the
future.
This ruling is eminently liberal and
just, as it will often protect an hon.
est settler who has not the ability to
carry out the technical letter of the
law in completing his evidence of
good faith, of which he might lie de.
prived by some INSCRIPTIONS claim.
hunter, ready to avail himself of
some unfortunate mans small i'm
Observation-Disclosures Tribune.