Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1893-10-04
The Attorney Generars opinion.

In this state who took land in the strip.
Attorney General Little has expressed
his opinion regarding the matter in
letter of answer to inquiries, and
holds that the intention of the settler
governs the case. His letter in full is
as follows:
TOPEKA. Kansas, Sept q. 1893.
Hon. C. L. McKesson, Clerk of the District
Court, Howard, Kansas:
DEAR SIR-Your letter of inquiry
whether persons who take claims in
the strip, and then return to this state
and are here at the general election
this fall will be entitled to vote, is at
hand.
have within the last few days re-
ceived many letters OF inquiry of the
same purpose, and will try to embrace
all such in this answer. l have exam
med the presidents proclamation, and
with few exception find that the home
stead law is generally applicable TO the
lands to be homesteaded under this
proclamation. While it is trua that
no person could enter into this territory
without first making certain declara-
ton so to do. yet this certificate oper-
ates as mere license to homestead the
land, and no one had the right to home
stead unless he held this certificate.
Now there is nothing in this first de-
claration and certificate which in any
manner makes the holder a resident OF
the territory, nor torfeits his residence
After receiving this certificate he may
not enter the territory at all, or con-
clude not to homestead any of the
land. If he or she concludes to home
stead they Can do so in two different
ways; they can enter upon the land and
remain there three months without
filing thereon, at the end of which
time they must file their claim and con-
tinue to reside thereon, or they can file
their claim Immediately, and after
such fling have six months to COM
mence their residence and occupancy.
When the party has filed on the land
in the first instance, he then gains a
residence in the territory, and loses the
same in the state depending upon his
intention to make the land so filed on
his residence. If from the hour he files
on the land, or enters the same with
out filing, he intends to make it his res
idence and to homestead the same,
then his residence IN the state is lost.
From the hour Of filing or entering the
land his intention governs. If after
filing or settling ON the land he comes to
this state and votes, at the same time
intending to return to the strip after
voting, such is fraudulent and void,
and the voter subjects himself to a
criminal prosecution. The supreme
court of Kansas, in the case of the
State of Kansas on the relation of H..
0. Smith, county attorney, VS.. John 1.
Deniston, 46 Kansas, $50, is so clear
and explicit, the syllabi of which is as
follows:
1st-Election--Not legal voter. man
who filed homestead claim on land in Okla
homa territory, and made settlement and
improvements thereon, in and after the month
of June. 1899. and intended to make said claim
his home, and who returned to his former
nome in Comanche county, in this state, for a
temporary purpose, intending to go back to
his claim in Oklahoma, was not legal voter
at an election held in Comanche county on the
9TH day of November, 1889.
"2nd-Not legal voters. Persons who filed
homestead claims on land in Oklahoma terri
tory, and made settlement and improvements
thereon, during and after the month of June,
1889, and who intended to make said home
stead claim their home, and who returned to
their former residences in Comanche county,
in this state, for a temporary purpose, and
agreed to stay and vote at an approaching
election if paid for their time. who voted at
said election, and left Comanche county the
next day, and have ever since resided in Okla
homa. were not legal voters at an election held
In Comanche county on the 9th day of Novem-
Der 1885,"
In view Of the fact that residence is
a matter of intention, If a person who
has located claim in the strip or else
where intends to return and has in
tended to return after the election and
complete the title to his land, he is not
legal voter and may be properly chal-
lenged at the polls.
JOHN w. LITTLE.
The above is Mr.. Llttle's opinion,
and case in question is given by the
Topeka State Journal with the opinion
of register on the subject:
Coroner F. w. Bailey was one of
party who went from Topeka at the
opening of the promised land and took
up claims therein. DR.. Bailey is can
didate for reelection to the Office of
coroner at the coming election. A
Journal reporter made inquiry of sever
al attorneys as to the eligibility of DIR.
Bailey to office at this time, and also
of the citizenship OF Topekans and
Kansans who have claims there.
Captain j. Lee knight, register of
the United States land office for the
eastern district of Kansas, said: When
a man files on claim or homestead,
which is one and the same thing, he
takes an oath declaring his intention
TO become resident on that claim or
homestead. The law gives hmm six
months time in which to make his fiji
ings complete, and until the expiration
of the six months allotted be does not
necessarily become citizen on the
claim or lose his citizenship at his
former residence. 1t seems that DIR.
Bailey can be candidate for the Office
here this fall, and if elected, at the ex-
piration of the six months given to
complete his filings, either give up his
interest in the claim or hold his claim
and give up his residence here, which
would forfeit his right to the Office
here.