Adams County news. [volume] (Ritzville, Wash.) 1898-1906, 1902-01-01
Important Land Office Decision.


The News is in receipt of the follow
ing communication from Hon. William
H. Ludden, register of the U. S. land
office at Spokane:
UNITED STATES LAND OFFICE,
Spokane Falls, Wash, Dec. 70, 1901.
Editor Adams County News Ritzville,
Wash.-My Dear Sir: | enclose here
with a copy of decision that has this day
been rendered in this office. AS it de-
cides the point of law regarding the resi-
dence of a single man upon his home
stead, deem it very important de-
cision and would be pleased to have you
publish it as a news item for the benefit
of the homestead entrymen in your
county. Very respectfully,
WILLIAM H. LUDDEN, Register.
Following is the full text of the de-
cision referred to above:
On October 10, 1907, Wilbert H. Place
filed contest affidavit against lid. entry
No. 1894, made March 2S, 1000, by Fred
N, Range 81 E., alleging abandonment
and failure to establish residence, etc,
Hearing was had at this Office on De
s,
to the cause appeared, the contestant ap-
pearing in person and being represented
by his attorneys, Walton & Goodsell, and
the contestee appearing, in person and
being represented by Thomas I. Kerl,
his attorney.
From the testimony submitted in the
case we find that Fred G.. Bier, the en-
tryman, has been employed in the hard
ware business at Scott Station, Adams
county, Washington, being employed by
the Rrtzvlle Hardware Company for the
last four years; that he made this entry
on the 18th day of March, 1900, and a
month or two thereafter he built small
house upon the land and mace some ar
engagements with Mr.. H. Hollenberg to
do some blowing upon the ground; that
HolIenberg plowed about ten acres of
the land; that at the time the entryman
erected his house upon the ground he
stayed one night and day upon the land /;
that since that time it has been his en-
deavor to spend at least one night upon
the land each six months; that the only
residence he has made upon this land
has been by visiting it once in six
months, arriving on the land between Z
and o'clock in the afternoon, spending
the night and leaving sometime the next
day; that he was single man; was liv-
ing or boarding at the place where he
was employed, number of miles from
the land.
1t has been repeatedly held by the De
partment that mere visits to the land to
keep up the fiction of residence does
not constitute a compliance with the law
as to residence. See 10th L. ID. page
473; also nth L. d. page 400; also the
case of Strong VS.. Maher, 4th L. d. page
335, West VS.. Owon, 4th l.. ID. page ALB
Also in the case of Elliott VS.. Lee, 4th l.,
ID. page 3oI, it was held by the Depart
ment that sleeping on the claim a night
with hasty visits to the land at long in
tervals thereafter, has always been held
by the Department as insufficient to es-
tablish OF maintain residence.
This case was also followed by the case
of X. n. Chrsnger, 4th l.. D. page 347.
The fact that the entryman was a
single man does not excuse him from re-
siding on his homestead. In order to
comply with the homestead law it is
necessary for the entryman, be he single
or married, to establish his residence up
on the land entered within six months
from the date of the entry and to reside
there continuously thereafter to the ex-
clusion of home elsewhere.
We are therefore of the opinion that
Fred G.. Bier. the entryman, has failed to
establish his residence upon this land
and has never made continuous resi-
dence upon the land involved: that his
entry should be cancelled and that Will
bert H. Place should be allowed the
preference right of entry. Fred G. Bier
is allowed 80 days in which to appeal
from this decision.
WILLIAM II. LUDDEN, Register.
S. A. WELLS, Receiver.