Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1906-07-20
AN IMPORTANT RULING
CORRESPONDENCE WITH DEVILS
LAKE LAND OFFICE OFFICIALS
OF: INTEREST TO SETTLERS. q,

The following correspondence from !
the Devils Lake Gnter-Ocean will be Of
interest 70 all settlers on government |
lands and explains itself:
Devils Lake, N. D., July 3, '06.
Inter-Ocean, Devils Lake.. N. D.:
Prior to February last, settlers were
allowed to make communication proof |
on their homcsteads when they could |
show that they established residence
before the expiration of six months
after the date of the origina; entry
and eight months actual residence
subsequently, but it was not necessary
that this eight months actual resi-
dence should be continuous. For
instance a settler could establish his
residence at the end of his six months,
then go away to work few months,
come back to his claim and live few
months, go away and return and when
the different periods of actual resi-
dence on the claim aggregated eight
months he would be allowed to make
a communication proof, the first six be-
ing credited to him as constructive
residence SO the total made fourteen
months. Hundreds OF claims have
been patented on this kind of showing
in this land district. On February 27,
1906, the Hon. Secretary of the In
terror held in the case of Katie F.
! Brecht; ''It is true and the depart
ment has held that when residence
has in good faith been established
! within six months from date of entry,
the six months constructive residence
may be added to the eight months
actual residence and thus the full
period of fourteen months residence
required by the law in communication
of homesteads may be made out, In
such cases the law not only requires
that it shall clearly and satisfactorily
appear from the proof that bona fide
residence was established within six
months from the date of the entry
i but also that the actual residence
upon the land has been continuous
from the time it was established I'M
til date of the making of the final
iproof. Following this ruling the
general land office held for cancella
ton number of proofs that were al
lowed by the local Office during the
last months of 1905, under the ole
construction. Settlers who now wish
to make communication proof at the enc
of fourteen months from date of en-
:, try, must establish residence within
the first six months and follow it will
eight months actual residence. /
they should be forced to be absen
any time during these eight months
Il they were not only to lose credit TO
, the first six months continuous resi-
J, dence, but all residence pior to tn
. (absence, and will in this case b.
compelled to make fourteen month
! actual, continuous residence befor
!. being allowed to make continuou
, proof. That these are rather harsi
conditioss for many poor settlers, any
one familiar with conditions on tn
a frontier will admit, but when the ne7
r construction is made to apply to Sc
! tiers who submitted proofs during th
NJ latter half of 1905, had them accepte
4 by the local offices, under what the
o by long practice had come to conside
s the right construction of the law, y
=. becomes an injustice to such peopl'
MANY of them, relying on the It'll
:. given them by the receivers receip
n mortgaged their land, some sold an
ID most of them moved away. Unde
e. the new rule they will now have
le move bach and live on their claim
for fourteen months more, and
some cases the seven years in whie
they have to make proofs will in th;
D time expire. There is no doubt b,
b. in many cases it will work the 10
It fixture of the claims of settlers WI
q. have acted u in absolute good fat
q Being on the ground and seeing Il
n hardship the new rule was worlin
especially where proofs had been su
- mitted and accepted, / wrote Senat,
Hansbrough and requested him /
confer with, the general land OFF,
the matter and in case no reH
could be afforded by administratis
n action. Ito secure such legislati onasl
II Ieongress as should protect innoce
Oh lsettlers. have received the folio
II ing reply from the senator, which 4
plains itself: ==.s 81
ssSz ]. .sssS June. 30, 1906.
a Ole serumgard, Esq, Devils Lake:
III MY dear Sernmgard: Upon TAXI
III up with the commissioner Of q
u general land office the matter OF On
II proofs referred to In your letter Of 4
VI 23d am advised that 1t Is beyond 4
v power Of the department to afford t
II