The National tribune., 1906-08-23
Second Homestead Entry.

Editor National Tribune: Has a civil
war soldier any further claims under
the homestead rights who filed his
claim prior to Aug. 80. 1890. but aban-
doned the same before proving title?-
A Subscriber. Princeton, III.
The following circular from the Cen
eral Land Office fully explains the rights
OF those who have lost or abandoned
first homestead entry:
"Second Homestead Entries.
Department Of the Interior, General
Land Office, Washington. d. c., Aug
%, 1905.
Land Offices. o. .ql
Gentlemen: Sectiop,3 3 OF the act OF
June 5. 1900 (s1 Stat. ESD, provides
in part: III
That any person wfIs prior to the
passage of this act has made entry un-
der the homestead laws, but from any
cause has lost or forfeited the same
shall be entitled TO the BENEFITS OF the
homestead laws, as though such former
entry had not been mades,s
Section 1 Of the act of April 2s, 1904
(33 Stat. 527). provides as follows:
THAT any person who has hereto
fore made entry under the homestead
laws. but who shall show to the salts
faction of the Commissioner of the Cen
eral Land Office that ne was unable to
perfect the entry on account Of some
unavoidable complication of his per-
sOnal or business affairs or on account
Of an honest mistake az to the charac-
ter Of the land: that he made bona
fide effort to comply with the home
stead law, and that he did not relin-
quish his entry or abandon his claim
for a consideration. shall be entitled to
the benefits of the homestead law as
though such former entry had not been
made
ION June 2s. 1905. in the case OF
Peter G.. Cox VS.. Levi F. Wells, 33 L. D.,
657. the Secretary OF the Interior held
as follows:
That portion OF the act of April
%. 1904, above set forth. like the third
section of the act Of June 5. 1900. re-
lates to persons who had. prior to its
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. imposes con-
ditions or restrictions that were not i'm
posed by the act of 1900, the earlier act
providing merely that any person who
had from any cause heretofore lost or
forfeited his homestead entry should be
entitled to the benefits Of the home
stead law as though such former entry
had not been made. while the latter act
requires such person. in order to en-
title himself to the benefits of the home
stead law regardless of his former entry,
to show to the satisfaction of your Of
flee that he was unable to perfect such
former entry on account of some un-
avoidable complication OF his personal
or business affairs or mistake as to
the character of the land: that he made
a bona fide effort to comply with the
homestead law. and that he did not re-
linnuish such entry or abandon the
ci;--m for a consideration. The Depart
ment is of the opinion that the effect OF
the act of April %, 1904, is to modify
the act of June 5. 1900. or place limit
alton upon the operation thereof and
that all applications to make second
homestead entry. fled subsequently to
approval of the act of April 2s, 1904,
should be disposed Of hereunder so far
as the provisions of the same are ap-
plicable.
'In view thereof you will no longer
allow entries to go of record as made
under the third section of said act of
June S, 1900, but will transmit all ap-
plications for second entries to this Of
flee, together with the affidavit of the
party. duly corroborated. showing his
qualifications to make entry under the
first section of the act of April %, 1904,
above cited.
The instructions issued under date
Of June 27, 1900 (30 L. D.. 374), are
modified accordingly. ,i,
Very respectfully,
y. II. Fimple. Acting Commissioner"
Approved: Thos. Ryan. Acting Sec
retary" ..