The Beaver herald. [volume] (Beaver, O.T. [Okla.]) 1895-1923, 1895-02-07
GOOD NEWS.
For Those Who Have C mmu d
IIomesieads.


f. the Comuissiuucr
Land Office,
SIR Your offiae by IT, 20. J'
l7tn, 1895, ueo,n .h
matter of the appeal OF W,lm I "1".
from the decision of your fiji dr'ed
Dee l6,h 1892 holding ", 'o, '.'.'
h. homestead entry o' th. ~ "'.'
SEA Of Sec Is ari .o Ntt OF .."
SWl, and the SW4 o the NWl ui or,
II, Twp On, r. 26E, Beaver I"nd
district Oklahoma Territory
The ground of ,he action was that 'h"
eutrymau had previ 'u'ly made hon'-
stead entry in Kansas ~nlch h' h '
commuted Feb TO- 1887 aud iurwH' b.
he had received aarcu, Nuvember 25.h
1887.
The appeal alleges that your "ih'~ va
in error "ln its CONSTRUCTION of the act ui
Nav 2nd, 1890 aud especially "' section
20 Of said as Said section 70 reads a.
follows (p 26 Statues '9lD:
'That the procedure in applications.
entries, contesrs aud adjudicalions in the
Territor, of Oklahoma shall be in form
and msnuer as pre~crincd uud"r h"me'
stead avs ol the United STAT :, ,nd l.
general Irrcip,,, and provlS ns d 'l.
homestead laws, xrrit -, pIud,fi ~
tn. provi,I. Us ut .hI, act, and the act ri
Congress approved March Isl, aud 2nd,
1889. heretofore mentioned, shall be APP
plicable to all entries made in sud Ter
ritory.'
That Beaver land district is part oil
"said Territory" is shown by section ! OF
the same act page S3), which, in di'
viding the Territory of Oklahoma, pro-
vides:
The Seventh county shall embrace al
that portian Of the Territory lying west
| of the ono huudredth meridian, known
as the Public Land Strip, the county
seat of which shall be at Beaver.
II will be sulhcen; for the purpose oI
this present case to examine into the pro-
! visions of the act of COngress approved
March =, 1889 (25, Stat, l005) Sec
tion II of that act reads as follows.
That the lands acquired by conveyance
from the Seminole Indians hereunder
except the sixteenth and thirty>six,l
sections, shall be disposed Of to sctua
settlers under the homestead laws only
except as therein otherwise provided
except that section 230l of the Revised
Statutes shall not apply; and providc'
further, that any person who. having al
tempted, but for any cause thled, IL
secure title in fee to a homestead un
der existing law, or wto made enir.
under what is known as the commdte'
prnvisiun Of the homestead law shall b
qualified to make Il homestead entry upOI
said lands.
This Froviso, that person wh" ha
"uia2c rurry uOder what Is known a. th
oonlmuled provision of ,he homestea'
law" shall be qualified to make home
stead entry, i, by section 20 OF the ac
of May 2, 1890, made applicable to al
entries made in said Territory" and b.
section 4 of the last named act Bcave
county (the Public Land Strip Is ex,
pres,ly named az part OF "sald Terri
iury." II anrn | c,ncirde that the FAC
that a u r,ol has heretulure cummuted
homestead entry does not disgualily lin
from N ,aiug Homestead entry on h
Public Land Strip"
The decision Of your Office holding th
.u.ry r,r cancellation because Of th
'rra,uwau.n ni a ..IH "tN is Oh re
l1r reversed, u4l 800 orher otjec'io
sapear,. he larry n,w under couideI
al.r wih allowed 20 remain in tac
| fad niag IN the record 10 sho'
whether al he date of his application