Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-23
INFORMATION ABOUT
RECLAMATION LAW
Series of Questions and Answers Prepared
For Those Who Seek Information of
Procedure Under the National Recla=
nation Law.

OSSNA 80 ~ OAAN~A
nation Law.
The following questions and an.
swers have been prepared for convent.
ence In replying to correspondents who
are seeking information concerning
the reclamation law and operations
under it.
The law is general in character, and
leaves many details to executive dis
erection. Many important questions
will not be decided until specific ex.
amples have been brought to the atten-
ton of the department as It is not
customary in governmental affairs to
give decisions in advance of the neces-
stiles of the case. Hence many i'm
portant details will not be determined
until it is apparent that they must be
considered.
While the law authorizes the secre-
tary of the interior to promulgate rules
and questions, it has been deemed wise
not to attempt to cover future con.
tingencies in such a manner but to
permit progress to be made under the
general conceptions of the law, and
not to run the risk of hampering the
work by attempting to give definite in
structions too far in advance. Only
such matters are passed upon finally
as are necessary for current business,
The questions given are such as are
asked by the majority of correspond
ents. The answers to these questions
are In many cases not to be considered
final or conclusive, but are based up.
on present conceptions of the, law and
Its requirements. It is possible that
in the future the department will modi-
fy or reverse some of the opinions here
given; but in view Of the importance of
having some general rules for guild.
ance, these answers are prepared.
They must be considered as suggestive
rather than final:
Homestead Entries.
q. In what way can public land be
taken up under the reclamation law.
A. The only way in which land can
Fbe taken up is under the terms of the
homestead law, which requires actual
settlement and cultivation.
Q. Can take up homestead under
the reclamation law, and obtain title
while am earning living in a near
by city?
A. You cannot obtain a homestead
unless you live upon the land and make
your home. Occasional absence is al
lowed, if some good reason is given,
but you cannot live elsewhere and
claim a homestead.
@. Is it necessary for me to live on
the land more than once in six
months?
70 A. Yes; actual and continuous resi-
dence is required by the law, and you
must establish your home on the land
and live there for the full term re-
quired.
@. Must I move onto the land at
once?
A. You are given six months from
the time of taking out your first papers
to establish residence, and before the
end Of that time you must be actually
living ON the ground.
@. Is it sufficient to erect an ordi-
nary claim shanty with one door and
window? a.. =.
A. No; the claim shanty and nomi-
nal,residence which may have suff1ced
under some conditions, will not be
sufficient on the irrigable land. An
actual home, where you sleep and take
your meals tabitually, will be required.
@. Can enter 160 acres and then
sell off parts of it?
A. You can obtain title to certain
piece of land only, which may be 40,
so, 120, Or 100 acres, and you cannot
convey any title to this, or to any por-
ton Of it, until you have lived on it at
least five years. You may be able to
relinquish or give up portion Of it,
and in that event sumo other person
can make a new homestead entry, but
you cannot transfer to him any rights
or privileges, and he must begin his
term of residence from the time he
makes his entry. ,.
%. Must I live on the land if the
water is not available? ;
"A. Yes; after you make your home
stead entry you must comply with the
terms of the homestead law. No ex-
gcuse will be accepted because of lack
d o. water, as it is not desired that peo-
pie enter the land until water is ready
fortheir use;s il lands are entered upon
before water is ready, there is pre-
sumption that the person making the
entry does It for speculative purposes,
rather than for an actual home.
O. How much land can l enter at
first? Sfs.&#% -.