Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1889-04-06


approval OF Secretary Noble, has issued 10
the registers and receivers of the newly e.
tabl;shed land oH<es in Oklahoma Letter Of
instructions which is of special intereet "a
parsons desiring to settle IN that territory.
The most important features of tie letter az
instructions are the following:
"You viii observe that the statute reserves
sections Is and IS in every township fox
school purposes, and the proclamation ne
serves for government use and control the
following, viz; One acre of land in square
form in the northwest corner of section 8 in
township 16 north range & west of the In
dian meridian in the Indian territory. and
also one acre of land in the southeast cor
ner OF the northwest quarter of section Is
township 16. north range west of the In
dian meridian in the Indian territory. The
remainder of the lands are made subject to
entry by actual settlers. Under the general
homestead laws with certain notifications.
Your attention is directed to the general cir
cular issued by this Office January 1, 1883,
containing the homestead laws and Official
regulations will control your actions, but
modified by the special provisions Of the
said act of March 2, 1889, in the following
particular, viz:
Firs|The rule stated on the seventeenth
page of said circular under the title s'only
one Homestead privilege to the same person
permitted" is so modified as to permit of a
homestead entry being made BY any one
who, prior to the passage of said act, had
made homestead entry but failed from any
cause to secure title in fee to the land en-
braced therein; or who, having secured such
title, did so by what Is know as the commu-
tatiOn of homestead entry With regard to
persons making homestead entries and fail
ing to acquire title hereunder or commut-
ing them after the passage of said act of
March 2, 1883, the rules as to second home
steads is operative and will be enforced in
relation to these lands as well as others.
Second-The statute provides for disposal
of these lands ito actual settlers under the
homestead laws only, ''::and while providing
union soldiers and sailors in the late civil
war as defined and described in section 1904
and 1905 of the revised statutes, shall not be
abridged" makes no mention of section
2, 306 and :, 307 thereof, under which soldiers
or their widows and orphans are permitted
with regard to the public lands generally to
make additional entries in certain cases free
from the requirements of actual settlement
on the entire tract.
It is therefore held that soldiers and sail
OTIS or sailor additional entries cannot be
made on these lands under sections 1905 and
,3O7 unless the party claiming will in addi-
ton to the proof required make affidavit that
the entry is made for actual settlement and
cultivation according to sections 2,26 az
modified by sections 1904 and {, 3O6 of the
revised statutes and the prescribed proof of
the compliance Herewith will be required to
be produced before the issue of final certifi-
Gates.
Third-It is provided in the statute that
section 9U of the revised statutes shall not
apply to these lands. Therefore entries made
thereon will not be subject to communication
under that section. Any person applying to!
enter or file for q homestead will be required
first, to make affidavit in addition to other
that he did not violate the Law,
by entering upon and occupying any portion
of the lan1 described in the presidents proc
lamation, dated March q, 1889, prior to IL
o'clock noon, April %, 1889, the affidavit to
the returns for the entry allowed.
The statutes provide that TOWNSHIP entries
may be allowed under sections 1887 and
2 1888 under the United States revised statutes
but limits any such entry to one-haf section
or $40 acres at the maximum, whatever the
for TOWNSHIP entries or filings be presented
BY parties in interest in the absence of off,
GERS properly qualified to make entry in
trust for the inhabitants under the provis-
ions of said section 1887, you will note the
applications on your records, forward re-
D ort thereof to this office and wait instruc-
lions before allowing any entry of the land.
No rights under the townsite laws can be &C.
quired to any of the lands described in the
said proclamation prior to the time therein
prescribed for the same to become open to
entry and occupancy as aforesaid, VIZ: Il
o'clock, noon of April q, 1889.