The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-01-01
Register Reeds Advice to In.
tending Settlers.
THE PUBLIC DOMAIN CHEAP
But Good Faith a Requisite for Easily
Securing Title.
BENEFITS Of Homestead. Prescription and
Timber Land Laws-Limits Of Unsur-
veyed Area in Western Washington
Examine Bounds Of Your Claims.

en- Washington during the past two years
has caused q corresponding increase OF In
qui-zes relative 20 government lands and
fise manner Of obtaining title thereof
These inquiries come from al parts OF the
civilized gloae ard are n as various dla-
iecfs and soTza OF interrogation IS possible
10 conceive Ii woald &c wei. fcr the next
legislative assembly Of the state 70 provide
Tor blreau Of i'm migration, 20 whom sEeh
inquiries could se referred for Intelligent
answers. Such bureaus are appointed IN
nearly every Western state and territory
and undoubtedly do much good IN dis
seminating information Of the respective
localities they represent
In this short article purpose limiting
myself solely to methods Of taking np and
securing title 10 government land IN West
ern Washington, leaving al other gues-
tons 10 those who are more competent.
There are three acts Of congress which APP
Ply peculiarly 10 this portion Of the state,
VIZ: The homestead, pre-en.psion and
timber land Laws Each Of these laws con-
template tEo great steps prior 70 securing
title:
First-The initiatory entry or fling Of
the claim Of record; and
second-The final proof OF such facts IS
are made On condition precedent N the
several .aws 20 the Issue Of 3 patent
THE HOMESTEAD Lac.
The homestead law. the most beneEcent
and important OF the three, wzs originally
passed in Is62. for the purpose OF securing
homes 70 actual settlers on the p1blic do-
main.
The Law and instructions require tia.
the applicant, prior 10 making entry,
should examine the land he IS about 30
apply for critically, 50 that be may be en-
aOled 10 make cath that the same contains
10 valuable mineral deposits. He then
must aver that he takes I'D the land for
the purpose OF settlement and cultivation,
and that he applies TO enter the land for
his OVID exclusive use and beneat. The
homestead law does not Iirnis applicants
Hereunder to citizens Of the United States,
but those Of foreign birth who have de-
clared their intention TO become citizens
may take up land under its provisions
After six months GcszGl continuous resi-
dence On the land under the homestead
Law, the honsesteader may commute and
pay for the land q. the rate Of SIS per
acre, il without railroad limits. and $50
per acre If within those limits. The resi-
dence contemplated by this act must, IN
der the decisions, be actual and not con-
strucsive for Elk months prior 10 proof, as
the applicant i not required 20 prove up
within that time. and he must show BIZ
his actual occupancy Of the land and Inn
proyemenrs good faith clearly TO establish
his rights This Communication Of home
stead entry in no way interferes with the
right OF pre-enpsion, SIS they are two dis
fincf and separate acts, neither interfering
with the other. Ifthe settler chooses not
TO avail himself Of the provisions referred
10 by Communication. he may continue 20
reside upon and improve the land, and
may 81 any time after FIVE years from date
Of ent-y and within seven years from such
date. ii he then be citizen Of the United
States, make lnaI proof. showing his con-
tinUed residence and cultivation, anCs will
receive his Lnai certificate upon payment
Of the final fees, which are 50 per cent. on
the cash value OF the land
homestead entry Is considered by the
department an actual appropriation Of the
land and can only be removed By contest
or REIMBURSEMENT or by order OF the corr
missioner of the genera land Office after
actual or constructive notice 10 the appli-
z
stead entry and the same cannot be can
celled by contest excep. under due show
ing made BY the contestant OF actual aban-
donment or bad faith on the part OF the
entrymaa.
The PEz-ZzP-Toy ACT.
The pre-empsion act. passed by congress
in is3i. is radically different from the
homestead Law. No one who Is the owner
OF so acres OF land or who leaves or aban-
dons residence on land OF his own in the
same state may validity enter lands under
the prescription act The act Itself does
not require any specinc amount Of i'm
proyement or GeAnite length Of residence
10 enable proof 20 be made. although the
department, as a test OF good faith on
the part of the pre-empter. requires a
showing Of approximately SIX months
residence This residence is not neces-
sarily 20 be had six months Immediately
prior TO proof, but proof may b submitted
OF such residence ~ any time after filing
and during It's lifetime. When the de-
partmental regulation has been complied
with as regards improvement las cultiva-
ton is not mentioned n the act) and resi-
dence, and the party desires 20 make proof,
he should tie his notice Of inten-
ton 20 make proof with the land
Office Of the district II which the
land hes and the officers are
required 70 Issue Z notice N all the adverse
claimants, giving description OF the land
and the day OF proof, and pahlish it in
reputable newspaper printed nearest the
land. By making satisfactorily such proof
and paying for the land ii same rates as
in coTnmuted hoEnesteads, entry can be
made and anal certificate issued A pre-
ernption hlinr Is different from home
stead entry in that Il IS no segregation Of
the land. Il Is simply formal notice 10
the world 70 be placed on the records OF
the proper land Office thst the persons in
tend purchasing sad land under his settle
aent- presumption fling without prior
settlement is invalid N the presence OF a
subsequent adverse claim initiated prior
10 curing the defect. nor does Il prevent
any other kind o. nature Of claim being
made adversely 70 Il. There Is z prevalent
idea that after settlement one h2s thirty
DAYS in which 70 commence actual reSid-
ezce Upcn the land Neither the Law nor
decisions conter plate such doctrine A
settlement. If actual. nust IN Itself De me
initiat0ry step tow ards commencing reSid-
ence, and must be followed up immedi-
ateIy % such steps SIS show such intent by
the party. When two or more con lieting
things arg made on the same tract 10 con-
test can be had 70 determine the adverse
rights until either party appears 70 make
proof. when. as before stated, the other
Viii be cited 70 make showing Of bis sa-
verse claim. and If such IS made the proof
will be suspended and 3 full determine