Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-03-12
WOMEN HOMESTEADERS
THE LAWS IN RELATION TO WO-
MEN TAKING LAND EXPLAINED
DO NOT LOSE THEIR LAND If
THEY MARRY BEFORE PROV
ING UP IN ALL CASES.

DO NOT LOSE THEIR LAND IF
THEY MARRY BEFORE PROV
ING UP IN ALL CASES.
Some women in North Dakota are in great
danger of losing their homesteads. Several
years ago they made homestead entries, but
before proving up were married. This ~forfeits
the homestead, which many of them do not
seem to have understood, and so the land de-
partment is being importuned to do what it
c~an-which is very little-to relieve the situa-
ton. =
Editor Tribune: AS the above item
copied from the Tribune and now going
the rounds of the press, calculated
to deter women from taking land in
North Dakota, 1 beg to say that it is
an error to suppose that women home
steaders lose their claims as a mere
consequence of marriage. The law is
based on the principle that there can
be but one homestead at the same time
in n family, and it is immaterial
whether the title is held in the hus-
band or the wife, so long as there is
but one homestead. Consequently if
a woman holding a homestead marries
a man also holding a homestead one
Of the claims must be sacrificed, as the
family cannot hold two homesteads at
the same time, and they must elect
which n of the homesteads to retain.
Otherwise the land laws are extremely
liberal in regard to women. A wife
who has been divorced or deserted, or
whose husband is disabled physically
or mentally from earning the living
for the family so that she is dependant
upon her own resources for support
can make homestead entry as the head
of the family. or as a femme sole
and make proof and receive patents for
her land as a single woman.
To quote from the law on home
steads:
"a single woman, who makes a home
stead entry does not by her marriage
forfeit her right to make proof and
receive patent for the land, provided
she does not abandon her residence on
the land to riside elsewhere. Whenever
two parties, however, unite in marriage
each having an unprotected home
stead entry both entries cannot be ar
ried to patent"
The law on additional homesteads
also provides:
"A una who has married since
making original entry is not thereby
disqualified from making an additional
entry under these acts"
The law relating to the purchase of
timber and stone lands provides that
"a married woman may be permitted
to purchase under said act, provided
the laws of the state or territory in
which the entry is made permit a mar
ried woman to purchase or hold real
estate as a femme sole, but in addition
to the proofs already provided for, she
shall make affidavit at the time of e
try that she proposes to purchase said
land with her separate money. in
which her husband has no interest Oh
claim. That said entry is made for hel
sole and separate use and benefit; thai
she has made ne-contract or agreement
whereby any interest whatever therein
will inure to the benefit of her hus
band or any other person"
I hope Mr.. Editor that you will pub
lish the above correction for the in
formation of the women of the cas-
who contemplate coming to North Da
kota.
There are already many women Q
our W state, who being afflicted witt
the loss or inirmity of their husband
were dependent upon their own re
sources for support. and by complyin,
with the conditions of this law, hav
secured land4as a provision for thei
children.
LINDA w. SLAUGHTER.
Lisbon. N. D.. March 10, 1902.
A new and full line Of spring hats
Do not buy until you have seen GU
line. The Boston.
C. Anderson. a farmer living a
Romness, Griggs county, met death il