Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-06-28
MAY SUSPEND
LAND ENTRIES
Recent Decisions Make Many Changes
Relative to the Procedure in Ac.
quiring Public Lands.
CORPORATIONS ARE AFFECTED
The Three Hundred and Twenty Acre
Limit-It Now includes Every
thing-On Cultivation.

1t is apparent to all who have fol.
lowed the recent rulings of the land
department that the trend of all these
decisions is to make it more difficult
to obtain public lands ny reason of
the new constructions placed upon
some of the laws and by requiring a
more strict compliance with the laws
and regulations than has heretofore
been insisted upon. To cite one in
stance, it may be said that the former
rule limiting each individual to $50
acres has been radically changed.
Formerly, lands acquired under the
timber and stone, isolated tract and
soldiers scrip acts were not figured
as coming under the 800 acre limit.
Now all applicants who have acquired
800 acres under the desert and home
stead acts since August 80, 1890, are
barred from taking up lands under
the timber and stone, isolated tract
and soldiers scrip acts. Besides this,
affidavit must be made that all the
land is non-mineral in character.
Affects Corporations.
One more important change made
in this connection is the requirement
that the holdings of the individual
members of a corporation be figured
in on the amount of land that the
corporation can acquire. Heretofore,
any corporation originating under the
state laws was entitled to receive as
signments of 32O acres Of desert lands,
and could submit final proof as the
assignee of the entry, irrespective as
to whether the individual members
of the corporation had exhausted their
land rights or not. This Is all chang
ed by the new ruling, and each corpor'
alton is now required to submit list
of the individuals composing it, and
if their individual rights have been
exhausted, the corporation will be dis
qualified This affects quite a num-
ber of entries in the state on which
final proof has been made.
Commissioners Ruling.
The ruling of the commissioner on
this important point is as follows:
"I cannot avoid the conclusion that
a corporation, anyone of whose mem
bers has heretofore exhausted his right
of entry under the desert land law,
is not qualified to make entry"
"The words, association of per-
sons are often employed to describe
a corporation. They cannot
hold, by assignment or otherwise,
more than 800 acres; they shall not
take by assignment lands which, with
that already held, will make more
than 32O acres; nor in any wise. by
associating together, either as an in
corporated or unincorporated COM
pany, can they hold more than 800
acres.
"It is required to show the extent to
which each individual member OF said
corporation has exhausted his right
under the desert land law, and that
the members of said corporation do
not hold, in the aggregate, more than
800 acres of such desert or arid lands"
The order declares that no person
or association of persons, shall hold,
by assignment or otherwise, prior to
the issue of patent, more than S2O
acres of desert or arid land; and the
individual members of the corpora
tion are required to appear within 60
days and make the showing requir-
ed; or they may, within that period,
appeal to the secretary OF the inter
ior.
Desert Land Entries.
II is also now held by the depart
ment that a desert entry taken up
with intent to assign to another is IL
legal, and in cases where the entry Is
assigned on the same day that 1t Is
made that fact is held to be sufficient
proof to warrant the cancellation OF
the entry.
The recent ruling as to the cultlva'
tion of the land is also an important
one. recurring that one-eighth OF the
land must be actually cultivated. The
bitches must cover all the land, and
if there are any high, rocky or hilly
points. they must be shown by spec
ial affidavit. All entries must here
after be taken up in compact form
Heretofore, entries in what is called
the "shoe string" style have been per
mitted, but that is now thing OF
the past. The land hereafter must be
as nearly square as possible, with ref
eToUCe ID tue
land and the topography of the coun
ty.
Gibson's Charges Of Fraud.
The following communication TO the
register and receiver of the Great
Falls land office is of peculiar interest
| just now, for the reason that actor
similar to that indicated in the let
| ter may be ordered at the local office
at any time:
In his letter of August 5, 1902, Hon
Paris Gibson, United States senator
from Montana, gave it as his opinion
that much of the proof made in sup
port of desert land entries within thu
| Great Falls, Montana, land district
was fraudulent, and suggested that al
examination by a special agent of thi
office would disclose sufficient frauds
to warrant the withholding of patent
until further examination could b,
made.
BY letter "P" of August 90, 1902
Special Agent NJ. B. Camplin was d.
rected to proceed to Great Falls. Nor
tana, and investigate the charge
made by Senator Gibson.
Cantemhor 12th and 9th IoO0 A.