The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-07-06
ANOTHER FINAL PROOF RULING
Relation of the Expiration period and
PAYMENT Extension.

Guthrie, o. T., July 5.-The Medford
Patriot has brought out another point in
regard to the time of making final proof
1t saws: Two weeks ago the Patriot pub
lished a general letter from the officers
Of the landoffice at Kingfsher in re-
gard TO the extension of time in which
to make final proof. which caused much
worry by those who had not yet made
final proof. We stated last week that
we had written the commissioner of the
general landoffice, also Hon. d. T. Flynn
in regard to the same. We are pleased
this week to publish the correspondence
received
Promptly. from Mr.. Flynn, we received
the following:
House of Representatives.
Washington, D. c., June %, 1902.
Mr.. j. T Palmer, Medford. Oklahoma.
Dear Palmer: Yours of the 2Sd, with
enclosure. is received . / am surprised
at what you say concerning the extension
of time. 1 will take the matter up with
the department at once. 1t is out of the
question to think of passing any legis-
lation now. Yours truly,
ID. T. FLYNN.
In a few days thereafter we received
the following letter from the commission
er of the general landoffice:
Department Of the Interior, Genera,
Landoffice. Washington. D. c..
}une q. I902
Mr.. 7. ]. Pa MGR. a1saso-d. {. =.
Sir: 1 am in receipt. by reference from
Hon D. T Flynn, of your letter Of June
p. 1892. enclosing a newspaper clipping
which contains what purports to be a
letter from the register and receiver at
Kfngfisher, relative TO the time within
which fiual proof must be made on home
stead entries in their district. You de
sire a statement from this office on the
subject.
In reply you are advised that under
Sec. 22g7 R S. a homestead entrymn
was required 70 submit final proof within
seven years from date of his entry; the
act Of July &c, 1884. C2S Stat. 123) ex-
tended this time for one year in all cases
where the entry was existing at the date
OF said act
The acts Of June 10, 1896 "a stat. Si2))
and June :. 1897. go Stat. 81 each ex-
tended for one year the time within which
to make the required payments by entry
men of ceded Indian lands. and as proof
and payment must be made at the same
time. an extension Of time for making
payment Involves a corresponding time
within which to make final proof.
The act OF May 81 1894. public No.
Isl }extended the time for making pay
n.ents on ceted Indian lands TO July. 1907.
but this act does not limit the time il.
which proof and payment arr to be made
in cases where. under former acts such
payments win not become due until aftei
July /. 1871
= party who made a homestead entry
OF ceded Indian lands between July q
1894. and June 10 1895. and July :. 49,
has eight years within which to make
proof and payment. The act 81 May l..
1893. commonly known as the Free Homes
BIZ" docs not repeal the acts above
mentioned as 20 the tine within which
proof must be made. Very respectfully
BINGER HERMANN. ComInissinner
The last paragraph Of The above let
ter makes the case very clear that che
acts CT Jun ~. 1895 and June :. 1ss7.
apply. as does the act Of July =. isss. 10
ali entries made prior to SIS passage
This has been the contention Of the
editor ei the EatfioN a. Va Also Arl1
BIZ The officers Of the Enid lando1ice.
4 general circular VAS received iron
the cornuissicner In repiy - chr CON-
nunicatlon - that Office in which Is
paragraph that has doubtless led the or,
GERS n she Slsgfister Office q she state
nent published. the inference from witch
should exonerase them fran rawins n.
conclusion they did Il contains the soi-
lowing
a party who made 5 homestead entry
Of eeeed Indian Had prior 70 s4ia Gate