The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-27
\. DIX. HOMESTEAD LAWS
SOME FACTS REGARDING POINTS
ABOUT WHICH PicRNICIoUS RE-
PORTS HAVE ARISEN
HELD FOR CANCELLATION
What 1t Really Means and what the
Unsuspecting Farmer Thinks
1t Meens-A COnsidera-
bic Difference.

DEVILS LAKE. n. D.. April 26-tSpe-
cial)-A number of articles have recent
ly appeared in different daily papers in
reference to certain homestead claims be,
ing "held for cancellation by the COM
missioner of the general land office at
Washington, as the result CT investga-
ton made by special Agent c. A. Louns,
berry These articles have led the public
to believe that the claims 50 reported nv
the special agent have been or are To he
Cancelled as a result of the agents re-
ports and investigation and are to be
held subject to entry by the first qualified
applicant; also that there have been re-
cent changes in the homestead laws;
that the laws are now more strict than
they used to be regarding residence and
improvements and that the honesteader
who would comply with the law must
show more residence on his claim than
has been required III the past Some of
the articles referred to are misleading in
that they fail to convey to the settler a
correct impression, so a few facts in
regard to the matter are herewith pre-
scented for the benefit of the thousands of
homestcaders who are worried by the
newspaper articles referred to, which are
supposed to have been inspired if not
written by q certain special agent: In
the first place, the law does not state the
amount of improvement necessary to
be made on claim before proof shall be
submitted nor the actual time number
of days or months, which the claimant
shall be required TO remain thereon The
circular of the general land Office of July
H. 1899, page IA, states: He (the home
sueader) must within six months after
making his entry establish his actual
residence in a house upon the land. and
must reside upon and cultivate the land
continuously in accordance with the law
he. n five
visits TO the land once in six months or
oftener, do not constitute residence. The
homestead party must actually inhabit
the land and make it home for himself
and family as well as improve and cuIti-
waite it.. The expression held for can
collation. is misleading and when the
government detective appears and IN
forms the unsuspecting farmer that mis-
entry is held for cancellation, the farmer
naturally infers that he is about to lose
his land. The real meaning of the words
held for cancellation, as used in this
connection IS that tire, special agent of
the general land Office has contested the
entry. He acquires no more rights in
contesting an entry than any private in
diVidTal except that he ealA be granted a
continuance whereas a private individual
is required to submit an affidavit when he
desires continuance The law REQUIRES
that the claimant be served personally
with written notice4of contest. which
gives claimant thirty days after service
OF notice in which to apply for hearing
and at the time and place set for hearing
he may appear with his witnesses and de-
lend his case the same as when contest ed
by private Individual The case is then
decided by the local land Office and il
the decision IS not satisfactory to the
claimant he may appeal to the commits.
sicner OF the general land Office, with the
right of further appeal to the secretary
Of the interior A case of this kind
where defense is made is a long affair
ana may run for several years. The
number Of entries Cancelled as a result
OF the efforts Of l special agent where
Il defense is made, is generally very much
IHSs than the number OF cases won by
the average attorney. Of course, where
nc defense is made the special agent suc.
ceeds in getting the entry Cancelled in
about the same length of time that a
private individual would, if he contested
the entry. Let the city of Chicago be
Pol1ccd by one man and let that man be
one who is out of conditiCn and VINO hates
to work and you have an Illustration of
the figure cut in North Dakota by spe.-
clal agent From observation made. one
Is led to believe that the cases of this
kind now aired before the local land Of
fees throughout Minnesota and North
Dakota are usually the result of some
\sE1teWork of the homesteader's neighbor
Inc settler is thus put to the expense of
cuIt1Nattng the good graces of the sDe-
clal agent If this is done it Is r1mored
lhat the proceedings may be dropped.
th1S proving the old adage that "a pub,
lie Office IS a private snap when operar.
ed on business PRINCIPLES