The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1903-08-03
GRABBING
OF LAND
By Spectators Now a
Thing Of the Past.
SeLb!ERS' WIDOWS RESTRICTED
in Filing on Ciaims-Must Show Bona
Eide Residence-Some Former

Washington, D. C.-Interior depart
I ment officials believe they have sue
cessfully checked one of the most
| fragrant land-grabbing schemes ever
| attempted by large cattle interests in
the west, by requiring widows Of C.
| ceased soldiers and sailors to estaD-
| ish residences OF homesteads before
patents are issued. Up to May of the
present year the additional homestead
| law was so construed that widows
might make entries by mere proof of
cultivation of the lands sought, and
were not required to actually reside
thereon. Of course, the privilege of
| making such entries was extended
only to widows of soldiers and sailors
who had died without exercising their
right TO enter second tract of 160
acres
Precedent Established.
Back in March, 1896, in the last
Cleveland administration, Acting Sec
rotary Of the Interior Reynolds, in de-
c!ding what is now we'll known as the
Ella |. Dickey case, held that the sol
dierS' additional homestead law per-
Titted qualified widows to obtain title
% hOmesteads in the manner above
indicated, and without residence on
The land, not even for a day, if they
so desired. This decision was taken
as precedent, and the principle in
vOlVed was incorporated in depart
mental instructions to local land of
ficers.
The precedent stood unquestioned
throughout the six years that Binger
Hermann was commissioner of the
land Office 1t was not until William
A. Richards, of Wyoming, had taken
up the reigns, that the attention of
the department. was called to what the
new commissioner styled az unjusti-
fable construction of the law. After
a prolonged conference between Sec
rotary Hitchcock. Assistant Attorney
General Van Devanter, Commissioner
Richards, and others, the old practice
was abandoned, and a new policy
adopted, requiring actual residence On
the land as we'll as proof of cultivation
and improvement. Since its promul-
CATION, this new Interpretation Of the
law has never been brought into ques-
ton.
ook Onoue advantage.
Under Secretary Reynolds con-
structiOn Of the law the cattle barons
of the west were quick to recognize
the opportunities that opened up be-
fore them, and within a very short
time there was marked increase in
the number of widows entries. The
practice continued, until last year the
entries became so numerous that an
investigation was ordered, which re-
suited in the discovery that widows
were being slipped into western Ne
braska and elsewhere by the carload
1t was also discovered that these wild
ows, after filing applications and max
ing necessary affidavits, disappeared,
and seldom, if ever, took interest
enough in their entries TO even visit
the homesteads. It was finally dis
covered that these widows were en-
plOyed by cattle companies to file
homestead entries, and when patents
were issued they transferred their
title to the companies, receiving COM
pensatiOn covering their expenses and
something additional for their ser
vices. In this way the government
lost control of large areas of desirable
pacture land, and the actual entrymen
were not the real beneficiaries.
Precedent Set Aside.
Under the showing made by Com
missioner Richards, the department
soon became convinced that prece-
must be set aside and a new interpre
tation placed upon the law. Accord
ingly all local land officers were mott
fed that hereafter they must require
uri2n az
the soldiers law to, in good faith, es-
tablish and maintain an actual resi-
dence upon the land for such a period
of time as, coupled with the services
OF her husband in either the army or
navy. would make full period of five
years. 1t was further held that such
widow can not perfect her claim if it
is made directly or Indirectly for the
benefit of another, and not exclusively
with a view to securing home for
herself. 1t is only in cases where the
husband would be entitled to take an
additional homestead, and dies with
cut doing SO, that the widow becomes
qualified with the right.
Local land officers throughout the
country have been fully advised of the
new construction Of the soldiers ad
ditional homestead law. insofar as it
applies to widows. and have been par
ticularly cautioned to require proof of
actual residence as we'll as of cultiva
ton and improvement. Since the is
suance Of the new instructions but few
decisions of local land officers have
been reversed, and rarely is a widows
entry now held for cancellation be-
cause of non-residence. AS the law is
now being enforced. the general land
office checks up all widows entries
passed upon by local Offices, and in
case the lower Offices are at fault, the
error is detected in WASHINGTON