The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-05-12
LAWS CHANGED.
A Circular From Commissioner Car
ter Calling Attention TO the
New Conditions.
No More Timber Culture Entries,
but Old Ones Hold
Good.
Dessrt-L Land Claims, and How They Must
10 Acquired and Proved Up
Other Changes.

The Helena land Office ia in receipt Of the
circular Of April "a, issued by COMMISSIONS
Carter, calling attention to the not Of con-
oress OF March 3, repeating the timber Gull
ture law, etc. The circular says: by the
first section of the act the laws providing
for the entry of public lands for timber
culture purposes are repealed 80 far as re-
CARDS future entries, but continued with
certain prescribed notifications as regards
the adjustment of existing claims initiated
prior to such repeating act. Hence, no fur
Their entries Of this class will be allowed
unless the right to make such entry had
accrued or was accruinR at the date of said
act. In dealing with existing entries the
provisions of the first section of the repeal
ing act will be observed. The right il ex-
tended to persons having certain quail
ifications to commute their en-
tries in certain cases at the
rate of $1.25 per acre. For this
purpose it will BIO necessary that the person
shall have In good faith complied with the
provisions of the timber culture laws for
four years, and that he shall be an actual
bona fde resident Of the state and territory
in which the land is located. Final proof
AO SOluAuuUdllOu VI UtulU0f-CulLuIo ell
tries under this provision shall be made as
other final imber-culture proof is made
and shall satisfactorily exhibit the facts
necessary to entitle the applicant to make
purchase hereunder. Returns will be
made as in commuted homestead entries
under existing practice, but with proper
conditions on the returns to indicate the
character of the transaction. For final
proof in timber-culture entries, the regis
tiers and receivers shall be allowed the same
fees and compensation as are allowed under
previously existing laws in homestead en-
tries"
In regard to the desert land act, the COM
missioner says hve sections are added.
making entry is required at the time of
filing the declaration to file also a map Of
the land, which shall exhibit a plan show
ing the mode of contemplated irrigation,
and which plan shall be sufficient to
thoroughly irrigate and reclaim the land
crops and shall also show the source of the
water to be used. Provision is made that
persons may associate together for pur-
poses defined. Entrymen shall expend, for
purposes stated, at least $3 per acre-$1 per
acre each year for three years-and shall
proofs to consist of the afidavits of two or
more witnesses, showing that the full sum
of ST. per acre has been expended
during such year, and the manner in which
expended and at the expiration of the third
year a map or plan showing the character
and extent of improvements. A failure to
file tbs 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. The limit for
making proof is changed from three years
to four years from date of filing the decIar-
Nt1nn IhIa Irnnf rr1af ~, III -uIp-
the citizenship of the party Offering it, and
the cultivation of one-eighth of the land in
addition to the reclamation to the extent
and cost and in the manner herein before
stated. The party may make his final en-
try and leceive his patent at any time prior
to the expiration of four years. on making
the required proof of reclamation, of ex-
penditure to the aggregate extent of
$S3 per acre, and the cultivation
of one-elghth of the land. Entries made
prior to the date of the act may. however,
be perfected under thsFold law, or, at the
option of the claimant, perfected under the
law as amended, AS far as applicable. As
slgnments are recognized, but the amount
of land that may be held by assignment or
otherwise, prior to issue of patent, is re-
stricted to 800 acres, not to apply to entries
made prior to the act. Assignees must
in the local land Office an affidavit and GER
tilted copy of the instrument under which
they claim, n must make affidavit of the
amount of land held. The right to make
desert land entry is restricted to resident
citizens of the state or territory in which
the land sought is located, whose citizen
ship and residence must be shown"
The new act also extends the provisions
of section 2,2SS revised statutes to settlers
under other settlement laws in addition to
the presumption and homestead laws, and
SO as TO admit of transfers for right of way
for canals or bitches for irrigation or drain
age, MS we'll as for church, cemetery or
school purposes, or for the right of way of
railroads. Provision is made for perfect
ing claims initiated prior to the passage of
the new act. Persons owning more than
160 acres are prevented from acquiring any
right under the homestead law. and a diff
ferent affidavit is required for homestead
entries. Parties proposing to commute
homestead entries to cash must make proof
of settlement and of residence and %cultiva-
ton of the land for a period of fourteen
months from the date of entry.
Merchants lunch at the Fashion saloon
IL $50 to 2 p. m.