Hot Springs weekly star. (Hot Springs, S.D.) 1892-1917, 1905-02-10
AMEND MARTIN HOMESTEAD ELL
Making the GIOAcre Act More Rigid and
in Interest OF Actunl EeSilents


House OF Representatives of the United
States of America in Congress assem-
bled. That from and after four months
after the approval of this act entries
made under the homestead laws in the
state of South Dakota, west of the Mis-
souri, river and not within forest re-
serves or other reservations, may equal
but shall not exceed in area six hun
dred and forty acres, and shall be as
nearly compact in form as possible,
and in no event over two miles in eX.
treme length nor more than one mile
in length along the course of a stream
of water: Provided. That there shall
be excluded from the operation of this
act such lands within the territory
herein described as in the opinion of
the secretary of the interior it may be
reasonably practicable to irrigate under
the national irrigation law or by pri
vate enterprise, and that said secretary
shall prior to the date above mention
ed, designate and exclude from entry
opinion it may be practicable to irri-
gate as aforesaid, and shall thereafter
from time to time open to entry under
this act any of the lands so excluded
which upon further investigation he
may conclude cannot be practically
irrigated in the manner aforesaid: And
provided, That the lands in Gregory
county. South Dakota, opened to set
Element under aud by virtue of the act
of congress approved April twenty
third, nineteen hundred and four, shall
not be subject to the provisions of this
act.
Sec. >. That a former homestead
entry shall not be Il bar to an entry
under this act OF tract which together
with the former entry shall not exceed
six hundred and forty acres, and any
homestead settler within the territory
above described, whose claim has not
passed to final entry at the time this
act shall become operative, may have
the privilege of relinquishing such
claim, and may thereupon make a new
homestead under this act of not to ex-
ceed six hundred and forty acres.
Sec. 3. That Il settler under the
homestead laws of the United States,
within the territory above described.
who owns and occupies the land here
tofore entered by him or whose claim
luc. ~ TO,
der the provisions of this act and sub
ject to it's conditions, enter other lands
contiguous to his homestead entry
which shall not, with the land already
in the aggregate six hundred and forty
acres; and residence upon the original
homestead shall be accepted as equiya-
lent to residence upon the additional
land so entered, but final entry shall
not be allowed of such additional land
until five years after first entering the
same. Any former homestead settler
whose entry was made prior to January
first, nineteen hundred and five, and
who shall be entitled to All additional
entry under this section shall have, for
thirty days after the homestead provis-
ions of this act become operative, the
preference right to make such addi-
tional entry, and all conflicts under
the preference right hereby conferred
shall be equitably adjusted by the sec
retary of the interior.
Sec. 1. That the fees and commits
sions on all entries under this act shall
ba uniformly the same as those charged
entry at the minimum price. That the
Communication provisions of the home
stead law shall not apply to entries
under this act, and at the time of MAX
ing final proof the entryman must
prove atfirmatively that he has resided
on the land continuously for five years
and has placed upon the land entered
permanent improvements of the value
OF not less than one dollar and fifty
cents per acre for each acre included
in his entry, which improvements must
be made to the extent of at least thirty
cents per acre per annum and proof
thereof made to the local land Office
each year under such regulations as
the secretary of the interior may pre-
scribe in that behalf: Provided, That
improvements made in any one year
and proof thereof as required by such
regulations in excess of thirty cents
per acre per annum shall apply on the
requirements for subsequent years:
Provided further. That when home.
steader under the provisions of this
act shall have served as private sol
dier or officer in the army, navy, or
marine corps of the United States dur
ing the war of the rebellion or during
the war with Spain, or the Philippine
insurrection, and shall have been hon
Orahlv discharged fhe time which Suoh