Omaha daily bee., 1902-12-08
EX-oFFIclAL DEFENDS MoSBY
cites some Law I'm Regard to the En-
try of Land i'm Public
Domains.

ALLIANCE, Neb., Dec. ITO the Editor
Of The Bee; l received a marked copy Of a
paper day or two ago, the marked article
therein containing severe structures on
Colonel Mosby. special agent for the gov
ernnent, in his efforts to carry out his in
structions from the general land ofice in
the matter of having fences removed from
the public lands. The writer Of the arti-
Gle in question seems to take particular UNI
bragg at Colonel Mosby for his exposures
in regard to the homestead entries of the
widows Of soldiers, and Il said widows we're
the real target l would say amen to his
article, as l am an old soldier myself, and
my sympathies naturally favor the veterans
and their widows, but the soldiers widows
are not the persons who built the fences,
and are "in IL" incidentally to show the
fraudulent manner in which the cattlemen
sought to obtain color Of title or right to
possession, of many tracts OF public lands
to the exclusion Of bona flde homesteaders.
The evidence of Mrs. Carrigan as TO the
AFFAIRS at Gordon. is strong proof OF the al
legations made.
AS a former register of a United States
land office, my opinion is that the oficers
of the local land ofices where these alleged
Irregularities were permitted deserve the
SuNtAt6N tOhutIuHhliOut lutlE COuuuCl W.
terly inexeusable. That widows Of soldiers
have the right to make homestead entries
no one denies, but such entries must be
made according to law. II is not material
what the quality of the land is, IL a quail
fed entryman desires to locate his or her
entry in the Sand Hills who is to say him
nay? On the other hand, such entries must
be made in good faith, and the requirements
of the law must be complied with The
rules and law is as follows:
I'm case of the death OF any person who
would he entitled to a Homestead under the
provisions Of section 2304, his widow
may make filing and entry in the same
manner that the soldier might have done,
the prescribed evidence of military
service Of the husband must be furnished.
The ruling hereinbefore stated rel
ative to the widow and minor children OF
another deceased homestead party as to ac-
| tual residence is equally applicable to the
widow or minor children of a deceased
sailor or soldier. IL the land is cultivated in
good faith the law will be regarded as sub
stantially complied with, although the
widow or children may not actually reside
upon the land"
The presumption is strong that the
widows contemplated in the action brought
were not we'll informed as to their rights
nor the responsibility they assumed or they
would not likely have subscribed to the
homestead sfiidavit and allowed themselves
to commit constructive perjury.
Part Of said afndavit reads as follows:
my said application is honestly and in
good faith made for the purpose Of actual
settlement and cultivation, and not for the
benefit Of any other person, persons or cor
poratIons and that 1 will faithfully comply
with all the requirements Of law as 10
settlement, etc.. that l am not acting as
agent Of any person. corporation or syndi-
cate to give them the beneht Of the land
entered, or any part thereof; that
l do not apply to enter the same for the
purpose of speculation, but in good faith
Z" and that l have not directly or
Indirectly made, and will not make. any
| agreement or contract in any way or man
ner, with any person or persons, corpora
tion or syndicate whatsoever, by which the
title which 1 might acquire
should inure in whole or in part to the
benefit of any person except myself"
Now, as a matter Of fact, II widow
makes homestead entry 1t carries no title;
she has only an inceptive right, and mus
comply with the law in order to perfect
title thereto, and while actual residence OF
her part is not insisted upon yet, settle
ment and cultivation must be made. What
is a lease made by such a homesteadel
good for? The very fact of the existenc,
OF such a lease is prima facie evidence o
the want of good faith on the part of thu
entry man Let the fences on the public
lands come down; their existence is a detri
mept to the public good. Respectfully,
| FRANKLIN SWEET.