Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1903-05-02
What Constitutes Residence for
Homestead Proof.

ing you can hold 1t and prove uD on il
without residence. Residence is the
very essence OF the law. The homestead
is given for a home, and those who visit
their claims occasionally, and swear to
continuous residence, lay themselves Ii
able to prosecution for perjury and NAV
lose the land. Lands manifestly taken
for speculation are subject to contest.
The hundreds of professional men.
mechanics, clerks, school teachers and
othersswho have made homestead entry
OF public land, should take notice of the
fact that their residence in to with
their families is not residence to the
exclusion of one elsewhere" on their
homestead claims. And if they really
want the land embraced in their home
stead entries, they should move out to
their claims if their six months from
date of entry has expired.
In the ordinary homestead entry, eli,
matte or other unavoidable hindrances
may be pleaded in case of contest, and if
clearly shown the commissioner may
gallow the entry to stand, even though
residence is not established within six
months, provided residence is estab-
lished as soon as the cause which had
prevented it is removed. But no excuse
can be accepted where committed proof
is offered
The Fargo Forum recently published a
letter from Special Agent Lounsberry,
which covers the question of residence
on committed proofs better than any
thing else that has been published. 1t
is as follows:
Fargo, Aug 4, l902.-Sir: From the
statements in your letter OF July %,
1902, it appears that you filed on your
claim i'll September, 1900. Within six
months you went on your claim, VIZ, in
March 1901, and stayed three or four
days. You then returned to Hatton, N.
d., and remained til June 8, 1901, when
you returned 10 the claim and improved
the house built in March, 12x14, built
for You before you came up. You stayed
a week and caused twenty acres OF
breaking to be done, and twelve acres of
this to be put in flax.
4 You came back in November and
stayed three or four days. Had the flax
threshed and did some mprovements on
the house. You were sick six weeks in
the hospital at Fargo during the winter.
You returned to the claim March 20,
1902, had barn built and contracted
for 80 acres OF breaking and for so acres
to be put in crop. You then returned
to Kindred.
You returned to the claim June %,
1902, and have stayed on your land
since then. You are single and have
usually boarded at a neighbours, sleep
ing on your claim, sometimes preparing
your own meals at your house on the
claim. You now have fifty acres in
crop.
You ask if under these conditions you
are entitled to make committed proof at
this time.
You are not so entitled.
You did not 60 to your claim at any
time until June Is, 1902, for the purpose
of making continuous residence upon
the claim. Other visits to the claim
were with view of holding it and we're
natural and excusable if you were pre-
pairing for a fve-year proof. The law
contemplates just such things to be done
and in that way for the first two years,
and it is for that reason that seven years
is allowed in which to make five years
continuous residence. You have done
enough to hold your claim and defeat q
contest, unless you offer proof. If you
do you open it to contest and to loss, for
you must then stand or fall on the proof
you offer, and your residence has not
been continuous.
In committed proofs, see page 20 OF
General Circular, residences must be
actual and continuous" "Parties com
muting homestead entries cannot be ex-
cused from any cause for failure to live
upon, improve and cultivate the land for
the period required. They are not
obliged to make proof in the short time
in which Communication is allowed, and
when such proof it made, full compli-
ance with the law must be satisfactorily
shown" "a person committing home.
stead entry by false swearing when he
has not actually resided upon the land
and improved it and cultivated it as re-