Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-12-10
KBKAD REGISTERS KICK
Objects to Construction Placed on His
Homestead Bill by Department.
ACTION TOO LONG DELAYED
Interior Department May Turn Down
RscOmmendation to Discontinue
Land Omces at O'Nem ana
Brsken Bow.
R'rom . stan correspondent.l

QFom stan CorresDOndentl
WASHINGTON. Dec. s.-Cspecial Tele-
ram-(-The so-eslled Kinkaid homestead
Dill, which brought comfort to hundreds
OF intending settlers in the western Ne
braska district and which has largely been
taken advantage OF by farmers in that
section. has had series OF ups and downs
In the land Office. which it's author. Moses
r. kinkaid, proposes. to rectify II II Is IN
his power. Since the passage OF the Kin
kaid act he has watched its effects and
noted its drawbacks. II was undoubtedly
the best bnl that could be passed at the
time, according to members OF the public
land committee, and 1t is doubted II such
measure could have been passed in any
congress since the Fifty-ninth. and the pos
Hbility OF It's passage In the congress now
IN session Is extremely questioned. How
ever II Is law and the measure OF good
II mas accomplished Is testified to by the
large number Of entries that have been
made under its provisions. Notwithstand-
ing II is a law, the land office has been
extremely pertinacious in its interpreta-
ton OF features of the Kinkaid act to the
extent that many entries that have been
made on lands IN the territory affected by
the act have been held up until intending
settlers have grown tired OF waiting upou
action by the department and have aban-
doned their entries completely. In fact. by
its mastery inactivity the land Office, hav-
ing presumably more vital things at hand.
mas made IT necessary that the representa-
tives from the Sixth district bring 1t be-
fore the attention OF the land officials.
Today Judge Kinkaid had a long confer
enos with Commissioner Ballinger of the
general land ONCE in relation to the opera
ffGVf Of III.
gives intending settlers the right TO enter
upon lands over and above the $50 acres
prescribed under the general homestead
law. He brought to the attention Of Mr..
Ballinger that the act, which was intended
to be in the nature OF a large relief for
the honest settler, was being choked to
death in the general land ONCE because
OF the failure to administer the law prop-
erly, and especially so in relation to the
purchase Of isolated tracts surrounding
lands entered upon by the homesteader.
1t was Mr.. Ktnkaid's contention that the
application for these purchases should be
passed upon in due season by the DEPART
ment, but instead applications have been
allowed to grow musty in the department
and so far as any action of officials show
have been entirely forgotten.
Judge KinlSaid. who knows every foot Of
the Sixth district and who is in complata
harmony with his constituents, sees the
necessity Of increasing the size Of isolated
tracts which may be purchased by home
steaders from quarter section, which II
now the law, to three-quSrtsrx and he
proposes 20 make fight along these lines
in order to make his bill still more effective.
He also urged upon Commissioner Bal
hnger that the ruling of the general land
OfiQa ,,f, IA
lands in the Sixth district included under
the provisions Of the Kinlaid act should
be resumed and that the right Of entry
should be given the old soldier the second
time If in the first instance, by reason of a
Misunderstanding. his first entry was not
satisfactory to the department. He urged
the resumption OF the former ruling Judge
Kinfaid pointed out in his interview with
the commissioner today that other states
In the arid or semi-ard belt were movng
for laws like that Of the Kinkaid act, only
that they insisted upon a larger acreage
upon which entry could be made by the
intending homeseeker than under his bill
which to him showed the trend of the west
ern mind upon these very important land
questions.
The interview was entirely satisfactory" /
said Judge Kinkaid, land I have every
reason TO believe that a more liberal con- 1
struction viii be made upon the law than |
has characterized the departments position !
in the last few months"
Objects to Closing Land Omces.
Being upon the subject of land matters
at the Interior department the represen-,
tative from ONeill saw Secretary Garfield |
in relation to the discontinuancs of the |
Broken Bow and O'Neill land offices, /
former Chief Clerk Macy Of the land
office, and now an Inspector OF the In |
terror department, after a visit to the |
offices above named, having recommended |
their discontinuanee. Congressman Kin |
kaid insisted to the secretary that both |
the land offices in question were paying /
their own way and that within a year and |
a half the first section Of entrymen under !
the Kinkaid act will be ready for settle |
ment and that win give the offices a |
largely increased amount Of work to do |
for long time to come. Secretary Garfield |
promised that no action would be taken i
until those interested had chance to be |
heard.
On Thursday Judge Kinkaid will intro
duce bill granting 30 acres from the |
Fort Niobrara reservation to the town Of /
Valentine for reservoir and water works |
purposes.