Omaha daily bee., 1905-11-20

the county for the lease CT said land shall
be credited TO said school district.
Sec. z The land so leased shall be sub
jet to homestead entry under eNisuns
homestead laws, and upon any part
stead laws. the register OF receiver shall
Immediately notify the lessee Of the said
homestead entry giving the date OF same
with a description Of the land. The lessee
thereupon relinquishes all his rights 20
said entered lands; provided, that upon
shall hereby be required 20 protect the
same against the encroachments OF the live
stock OF said lessee or others by legal
fence, which is declared TO be as follows:
Posts or other uprights OF reasonable
strength and drmness in position, not more
than thirty-two feet distant from each
other with two suitable stays between
posts. nearly equally dividing suy n space
into three parts, with three strands OF or
binary barbed fence wire well stretched
and firmly fastened to such posts uprights
and stays, with the upper strand not more
than forty-eight nor less than forty-two
inches above the general surface of the
ground Hereunder. and the lower strand
shall not be more than eighteen, nor less
than twelve inches above the general sur
face Of the ground hereunder. and the
middle strand shall nearly equally divide
the space between the upper and lower
strands. Any other kind of a fence or bar
rier, as effective for the purposes of fence
as that provided in the above section Of
this code is hereby declared sufficient and
lawful; provided. that all corral fences
used exclusively for the purpose Of enclos-
ing stacks which are situated outside Of
sixteen feet from such stack so enclosed;
shall be Substantially built with posts not
more than eight feet distant from each
other, and with not less than I'VE strands
Of barbed fence wire, and shall not be less
than five feet high; and. provided further,
that any other kind Of a fence equally as
enectual for the purpose of a corral fence
may be made in lieu thereof"
This paragraph defining legal fence is
copied from laws Of South Dakota:
This fence requirement is Incorporated
+ foe h. =.
congress enact any law that will in any
manner repeal the existing homestead laws.
However, in order to insure the lessee
against blackmail. which might be in
dulsed in by the homesteader in entering
land within his leased holdings by reason
OF said lessee being required to keep his
stock OF the premises OF the said home
steader, this provision is added which re-
quires the homesteader to protect his
premises by a fence of his own. Time
and again land on which no man could
earn living by actual residence and cul-
uvation has been entered under the home
stead laws Tor no other purpose than 10
force the stockman TO either keep his cat
tie on said land or pay the homestesder
This clause, therefore, is intended 20 pro-
tect the stockman against such. Further,
under the Kinkaid homestead law, each
entryman is required 10 improve same to
the extent of SIS per acre, fences being
accepted as Improvements Therefore,
this provision cannot work any great hard
4 sh p to the homesteader.
Section S. a homestead entryman, hav-
ing fled subject to provisions of section Z
upon having satisfied the local land ONCE
that he has established actual bonafide
residence upon his said homestead shall
be entitled TO lease as much as four acres
OF land for each acre embraced in his
homestead, contiguous to said homestead,
although the same may at the time be
held under previous lease or leases. Upon
giving number Of acres and description of
SINE, TO the register and receiver of the
local land office they shall at once serve
nT loss I,r=1
DER the customary rules. and after hav-
ing mad thirty days notice. should said
lessee or lessees fail to make protest, then
50 much Of said lease or leases may be
cancelled As may be necessary to transfer
under lease; at said price per acre the
/ land applied for to said entryman; pro-
J vided. that should the holder or holders
/ OF said lands under lease or leases pro-
test against said transfer, the register and
receiver shall cite all parties in interest
10 appear for hearing under rules of prac-
ttee. WIN right OF appeal; provided. fur
thher, that these ofhcers shall ascertain
tire amount OF land held under the home
stead laws, lease OF state school lands or
freehold by the respective parties, and
divide the land subject to lease, and, pro-
4 vided there be sufficient OF the same rro
rate until said entryman shall have re-
! celved as much as three acres leased TO
one entered as a homestead; provided, fur
ther, that in determining the equities the
!and office shall be granted the utmost
leased by said entryman shall then be sub
Ject to conditions of section Z of this act
regarding treSpass.
/ Sec. 9. Lessees in fencing lands acquired
hereunder are required to at all times
! maintain gates at all places necessary for
hoInestead entrymen,, or others controlling
/ lands bounded in whole or part By said
leased land, to gain ready access 10 and
from said lands, and right-of-way is
I Tor said purposes. Also. like gates must
be maintained at crossings Of all high
NAYS, pubic or private, and right-of-way
/ is hereby declared across said leased lands
/ Tor the purposes of ordinary highways
/ with the right Of use of all natural water
courses sSi or lakes provided no part .of
! TINS act shall in any way conflict with
any state statute on the subject of high
See 10. That the government can upon
/ its own initiation at any time for the pur-
! pose Of irrigation and entry, or other
special uses or improvement Of said lands.
, may declare any lease void and take
possession Of said lands: provided the
lessee under these provisions shall have
al least six months legal notice OF such
lessee shall be reimbursed for actual loss
sustained in wells, windn'ills and fences
| placed hereunder said lease, thereby can
celled- Damage TO be awarded as in ordi-
nary condemnation proceedings.
! Sec IL Where lessee has been deprived
OF any land by the provisions OF the
foregoing sections, the land ONCE sh~u
compute the amount due him for the ~
expired time for which payment has been
made and the receiver shall draw from
this said fund sufficient to reimburse said
lessee for the amount paid and not earned.
| the same being computed pro rata.
! Sec. IL Forest reserves and lands OF
like character may be made subject to the
provisions Of this act. under such modi-
fications and regulations as may be ordered
| by the proper department
Sec. - The register and receiver shall
charge 81 fee and in addition a commits
sion OF per cent Of amount OF said lease
for each lease issued. which shall be ac-
counted for and returned as a part OF
the earnings OF the once.
Sec. H. The secretary OF the interior
shall be authorized to promulgate any
rules and regulations necessary TO carry
out the purposes Of this act