The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-05-23
REPEAL OF TIMBER CULTURE.
instructions OF Commfssioner Carter TO
Land Once Registers and Receivers.

from Recent Land Office Circular.
Your attention is called to the act of congress
entitled San act TO repeal timber culture laws
and Tor other purposes" approved March 3, 1891.
copy OF which is hereto attached
II VIII De observed that by the first section the
Jaws providing Tor the entry OF public lands for
TIMBER culture purposes, are repealed so far as
regards future entries, but continued with GER
tam prescribed notifications as regards the
adjustment of existing claims. initiated prior
10 such repeating act. Hence, no further
entries OF this class win be allowed unless the
right to make such entry had accrued or wss
accruing at the date of said act In dealing
with existing entries the provisions of the first
section of the repeating act will be observed
ii viii be seen that by the fifth proviso of that
section the right is extended to persons having
certain qualifications to commute their entries
In certain eases at the rate OF 81 per acre. For
this purpose Ii will be necessary
]. That the person shall have in good faith
complied with the provisions of the timber
culture laws for four years
?. That be shall be an actual bona fide resi-.
dent OF the state or territory In which said land
is located.
Final proof for the Communication of timber.
culture entries under this provision shall be
made as other final timber culture proof is made
(see forms f-SS5 and $50, and shall satisfac-
torily exhibit the facts necessary to entitie the
applicant to make purchase Hereunder. Re-
turns will be made as in committed homestead
entries under existing practice, but with proper
annotatlOns on the returns to indicate the char
acter OF the transaction as a commutation OF
umber-culture entry under said act. For fnai
proof - timber culture entries, the registers aud
receivers shall be allowed the same fees and
compensation as are allowed under previously
existing laws in homestead entry.
The second section amends the desert land
law OF March g. 1877 10 stat, 377), by adding
thereto five sections, numbered from 4 10
inclusive, modifying its provisions in the
manner following, viz:
l. The party making entry hereunder IN re-
CURED at the time of filing the declaration, 10
file also map of the land which shall exhibit a
plan showing the mode of contemplated irriga-
ton, and which plan shall be sufficient TO thor
oughly irrigate and reclaim said land and pre-
pare IL to raise ordinary agricultural crops, and
shall also show the source OF the water 70. be-
used for irrigation and reclamation. Provision
is made that persons may associate together Tor
purposes defined.
>. Entrymen shall expend, for purposes stated,
at least So per acre-$l per acre during each
year Tor three years-and shall tile proof thereof
during each year, such proof TO consist . else
affidayits OF two or more witnesses, shsNf1ef
that the full sum OF 81 per acre haL been ex-
pended during such year, and the manner In
which expended and at the expiration o. the
third year map or plan showing the Character
and extent OF Improvements.
o. A failure to file the required proof during
any year shall cause the land to revert to the
United States, the money paid TO be forfeited
and the entry to be Cancelled
l.
from three years four years from date OF filing
the declaration. This proof must, in all cAsas.
show the citizenship of the party Offering e,
and the cultivation of one-eighth OF the land in
addition to the reclamation 10 the extent and
cost, and in the manner hereinfOre noted.
5. The party may make his final entry aud
receive his patent at any time prior TO the expi-
ration of four years on making the required
proof of reclamation OF expenditure to the az
gregate extent Of So per acre, and of the cult
walton of one-eighth of the land.
6. Entries made prior To the date of said act
may, however, be perfected under the old law,
or, at the option of the claimant, may be per-
fected under the law as amended, as far as
applicable.
T. Assignments are recognized, bnt the
amountof land that may be held by assignment
or otherwise prior to issue OF patent is restricted
to go acres by the seventh section, which sec
ton 1t is provided, however, shall not apply To
entries made prior TO the act. Assgnces must
properly prove their assignments by filing in the
local Office an affidavit aud certified copy of this
instrument under which they claim, and must
make affidavit OF the amount of land held.
8. By the eighth section the provisions of the
original act ana the amendments extended
TO Colorado.
q By the same section the right TO make des
ert-land entry ia restricted to resident citizens
OF the state or territory in which the land sought
is located, whose citizenship and residence
must be duly shown.
The third section Of the new act amends sec
ton 2,2s8, Revised Statutes, so as To- extend It's
provisions 20 settlers under other settlement
laws in addition TO the presumption and home
stead laws, and so as 10 admit of transfers for
right of-wsy for canals or bitches for irrigation
or drainage, as well for church, cemetery, or
school purposes, or for the right-of-way of rail-
roads, as in the old statute.
The fourth section OF the new act repeats ali
the laws allowing presumption of the public
lands by individuals, but provides for perfect
ing claims previously initiated according to the
provisions of the laws under which they were
initiated; therefore no filings or entries will be
allowed Hereunder, except when necessary 10
perfect claims OF iDception prior to the approval
OF the repeating act, and claims to Indian lands
covered by its tenth section.
The fifth section thereof amends section 2,2sa
Revised Statutes, so TO prevent any person
who is the proprietor of more than loo acres of
land in any state or territory from acquiring
auv right under the homestead law, and also
section 2,290, Revised Statutes, as to require
different affidavit from that now required to be
made by applicants az preliminary 10 home
In future a preliminary affidavit will be re-
auired 10 conform to these amendments, proper
blank forms for which win be prepared and
transmitted as soon as practicable. ttorm al
affidavit attached.)
The sixth section of the new act amends sec
ton 2.29l Revised statutes,so as 10 require that
parties proposing TO commute their homestead
entries 20 cash shall make proof of settlement
and of residence and cultivation Of the land
for a period OF fourteen months from the date
Of the entry, and the provisions oil the section
as amended are made 10 apply TO lands on the
eeded portion Of the Sioux reservation, In
south Dakota, without. however relieving the
settlers thereon from any payments now re-
qured by law.
This provision must he enforced in all cases OF
Communication IN which the committed entry
was made after the date 81 said act, but the
right to commute in cases IN which the entry
was made prior 20 that date IS not affected
thereby.
Ii viii be necessary 70 prepare and transmit
number Of blank forms for proofs and affidarits,
under this act, which will be done without un-
necessary delay. (See attached forms Nos.
to g.
PASSENGER LISTS.