Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-08-21

ned . "Land Department, In which viii be
J and such rulings of the department as may be
sfsst to attorneys practicing before U. 8. Land
The application to make the entry in
question was fled after the approval
Of the act of April %, 1904 (33 Stat,
527), entitled "An act providing for
second and additional homestead en-.
tries an for other purposes" the first
section Of which provides as follows:
That any person who has heretofore
made entry under the homestead laws,
but who shall show to the satisfaction
Of the commissioner Of the general
land office that he was unable to per-
feet the entry on account Of some un-
avoddable complication of his personal
or business affairs, or on account Of
an honest mistake as to the character
Of the land; that he made bona fide
effort to comply with the homestead
law and that he did not relinquish his
entry or abandon his claim for con-
sideration, shall be entitled to the
benefit of the homestead law as though
such former entry hao not been made.
That portion of the act of April %,
1904, above set forth, like the third
section of the act of June S, 1900, re-
lates to persons who had, prior to It's
passage, lost or forfeited their home
stead entries, and were for either of
said reasons unable to perfect the
same. The act Of 1904, however, i'm
poses conditions or restrictions that
were not imposed by the act of 1900,
the earlier act providing merely that
any person who had from any cause
heretofore lost or forfeited his home
stead entry, should be entitled to the
benefits of the homestead law, as
though such. former entry had not been
made, while the latter act requires
such person, in order toNentitle him
self to the benefits Of the homestead
law, regardless Of his former entry,
to show to the satisfaction Of your
Office that he was unable to perfect
such former entry on account of some
unavoidable complication of his per-
sonal or business affairs or mistake
as to the character of the land; that
he made bona fide effort to comply
with the homestead law, and that he
did not relinquish such entry or
abandon the claim for a considera-
ton. The department is of the opin-
ion that the effect of the act Of April
%, 1904, is to modify the act of June
S, 1900, or place limitation upon the
operation thereof; and that all applica-
lions to make second homestead entry,
filed subsequently to approval of the
act of April %, 1904, should be dis
posed of Hereunder so far as the pro-
visions of the same are applicable.
1t appears from the record herein
that Wells's application to make a
second homestead entry was filed July
20, 1904, and that his former entry was
made in April, 1892, and Cancelled by
REIMBURSEMENT November IS, of the
same year. 1t is alleged by Cox in his
affidavit of contest that Wells re-
Iinquished his former entry for valu-
able consideration, and that, therefore,
he was not, on July 20, 1904, qualified
to make a second homestead entry. In
view of the provisions of the said act
Of April %, 1904, the department is of
opinion that this charge constitutes a
sufficient cause of action, and that a
hearing should be ordered thereon.
Second Homestead Entry Under
the decision of the secretary of the
interior in the cast of Cox VS.. Wells,
just published, the acts of June S, 1900
and April %, 1904, are construed and
under the decision the former act is
modified by the latter and entrys
restricted, making it necessary here
after to dispose Of all applications to
make second homestead entry filed
subsequent to April %, 1904, under
the later act. In the case decided the
secretary says: