Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1889-10-12
HOMESTEAD ENTRIES.
An Important Ruling Reversing Local
Decision.

WASHINGTON, October S.-Judge Louis A
6roh, thecommissioner OF the general Ian,
Office, has rendered a decision in the cas-
OF Johannes Frederick vs. Fred Hanselin
which came up on appeal from, the decision
oI tne local land Office at Benson, MINI
ne decision appealed from holds that th.
evidence submitted at the hearing show.
that Hansslin had failed to comply with
the letter OF the homestead law, in that be
had not established an actual residences
upon the land within six months after
date OF his entry, and had made only oc.
casional visits to the land up to the date
OF the initiation Of contest. This fact is
held to show lack OF good faith on his
part, and his entry is accordingly cancelled.
Commissioner Croft ovsrrules this decision.
and says:
From an examination OF the testimony
In the record, I find the following facts:
The claimant admits that he had not es-
tablished his residence on the tract in
volved before he received notice Of Che CON.
test. When he made entery therefor, his
home was with his father, about fifteen
miles from the land 10 dispute, and during
the summer and fall OF 1886 be helped to
cultivate and harvest the crops on his
fathers farm. He found time, however, to
break about eight acres on his own claim,
and to put up several toms OF hay thereon,
in July, 1885. In September he quarried
rock and built Herewith stone wall or
foundation for dwelling house, four
teen by twenty feet; also dug cellar. In
October he collected building. materials ON
the land to the value of $50. In November
he commenced the putting up OF the house,
but did not get it in a habitable condition
and let it 90 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 the |
time OF hearing, April 8, 1887, be had his |
house finished and was occupying it. The |
was q single man, having NO pro-
perty but yoke Of oxen, and had to de- /
pend upon his own labor for the means to i
purchase lumber for building his house. |
He could not get money sufficient for that
purpose in time to complete it within six |
from date OF his entry, but he fin
ished it as soon as he could, and was on his
claim in ample time to put in crop during
the first season in which crops could be
cultivated after he took it. see no bad
Iaith here, and no cause shown for the can
collation. OF Hanselin's entry. The RUE
requiring the maker OF homestead entry
TO establish actual residence upon the land
within six months from the date OF his en-
Try (like all rules) has it's exceptions; and
9 is not to be insisted on where the entry
mans good faith to the government is
'bown. or where his acts are not inconsist-
mt with an honest purpose to comply with
he law. find from the testimony that
he claimant in this case took the land for
he purpose Of actual settlement and culti-
,ation judging by what he had already
lone upon it; and find nothing in the
ecord to justify q doubt concerning the
honesty of his intention for the future"
This decision is regarded as important as
the policy OF the general land
'ffice with resnect to this class OF claims.