The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-08-05
SECOND HOMESTEAD ENTRIES
Letter From the Land Office and the
statute in the Case

kingfisher, .. T., Aug. 4.-Captain j. v.
Admire publishes In his paper, the Free
Press, information Of value 10 home
steaders And first. a letter to registers
and receivers Of land offices from the
commissioner Of the general land office,
Binger Hermann, relating to several
homestead entries under the act Of June
o. 1900. The letter follows:
Gentlemen: Your attention is called
to the provisions Of sections. . and Of
the act of congress, entitled An act for
the relief Of the Colorado Cooperative
colony; to permit second homesteaIs IN
certain cases, and for other purposes.
approved June 5. 1900 public No. 1879. a
copy Of which sections is heretofore at
tached.
Section provides that any person "ho
has heretofore made a homestead entry
and commuted same under section 123l.
Revised Statutes, and the amendments
therto. shall be entitled to the benefits
of the homestead laws as though such
former entry had not been made. but
Communication under section 2S01, Revised
Statutes, shall not be allowed Of an en-
try made under this section.
Section provides that any person
who. prior TO the passage Of this act, has
made a homestead entry, but from any
cause has lost or forfeited the same. shall
be entitled TO the benefits of the home
stead laws as though such former entry
had not been made. Therefore, you will
not hereafter reject a homestead appll-
cation on the ground that the applicant
cannot take the prescribed oath that he
has not previously made such an entry,
or because he has perfected title un4er
section 2301 Revised Statues, TO land en-
tered under the homestead law; but he
will be required 10 show by affidavit de-
signaling the entry formerly made oy the
description Of the land. number and date
Of entry, or other sufficient data. 70 en-
able me to Identify the same on the rec
ords Of this once. and that it was FOR
feitsd or commuted. as the case may be,
prior TO the passage q the act.
In any case where the former entry
was made subsequent 70 the date .; the
act. the rule given on page la. CIRCULAR
OF July Il. 1883. remains unchalg 3. u
will be observed that an entry made under
section cannot be perfected BY coumu-
tation under section Zs9l. Revised Stat
Utes. The fact that applicants have pUr-
chased under the provisions Of the set Of
March 2 1888 - Stat. s7lJ. lands patented
to the Flathead Indians IN Montana shall
not be neid to have impaired or exha Is;-
ed their homestead rights BY OF on ac-
count Of any such promise"
The Free Press then cites the fgjl text
OF the sections q the act seferre8 70 IN
the commissioners foregoing letter:
Sec ? That any person VINO has here
tofore made entry under the homes sas
avs and committed same under grogis-
Ions OF section Zsn ~ ire Revised
statues a the United states and tee
amendments therto, shall be emitted 20
the benefits u the homestead Avs AZ
though such former entry had not teen
made except that comngtafi7a Gnfer the +
provisions % section ZZ51 % IRE Rsv,ssd I.
ststutes shall not be allowed q 81 en-
Try made gnder this ssct.an r, this act
sec. That suy person wh9 prloT % +
the Iasaags = thLs act has maze eotTT +
under ths HOMESTEAD lava. suf from any +
cause has lust ~ forfelfed TIRE faEs. !
skalg be emitted % The beneGfs - fhs .
homestead lass. as ,houga Erch <ornaer .
entry had not beer 11z4s; provided. ttai
2ersuns xho paTchazet iaa1 under and T. 4
accordance z1sh IRE terms q an act ar
;lflea "A aet . p-1stss Tor ire fa.e =
snds patsufes % certain rasuhe-s e fhe +
Flstaead bazd q Tn1iznz n IT, ssrri.erY
% Msntaza. ard fer 0fhsr ssrp sHes.- 80
sr5vea March SO. sAsE 5af - hs3s
10 haze lrzssfre1 q sKaaustss thes-
so-oestszG rfEhtr - 60 ~ acrouat - azv
sazh 1yarrnars Agssezss Jsas :. rsa