, 1907-10-11
HOMESTEAD RESIDENCE.

What constitutes residence upon a
homestead entry? This question has
puzzled the brain of many a man or
woman who had a burning desire tn
acquire title to 100 acres OF Uncle
Sans domain without living thereon
for a period of five years. Some have
the erroneous idea that n person may
file a homestead claim, visit the same
n sleep over night once in six montha
and after Ave years of such residence
60 make final proof. 1t can only be
done with Il liberal amount Of perjury
thrown in. Visits to claims once in
six months or even oftener do not con.
stitute residence. 1t has been repeat
eddy held by the secretary of the in
terror that the home of the claimant
u be upon the homestead to the ex-
clusion of a home elsewhere-that the
land must be actually inhabited.
The belief that the homestead law
may be complied with In the matter III
residence by visiting the land once In
six months has doubtless grown up
through the decisions OF the depart,
ment hat al absence of six months
constitutes abandonment. In the days
when the laws were loosely administer.
ed 1t was probably the practice of some
to go to their claims and sleep once
in six months or perhaps oftener and
then secure witnesses who were will
ing to swear that the claimant actual
ly inhabited the land. In such cases
and when there were no examinations
made, the land officers were powerless.
being compelled in the absence of 9th.
er testimony to take the perjured evi.
dence Of the claimant and witnesses
ana pass the claim to patent
The view has also been held by
many that a single man has rights in
the matter OF residence superior 10
those of a married man. Where the
truth is adhered to, this is not the
case. A single man must live upon
his claim just as faithfully as the mar
ried man; in tact, the married man
may be absent from his clam practical.
ly all of the time earning a living IL his
family is inhabiting he land during
his absences. In this respect the
AAehso vi tAS Ahhh4 - ehks
rior to those OF the single man.
Just what constitutes homestead res
idence has never been laid down by
the interior department. and probably
never will be. Each case is judged up.
IN its W merits. 1t Is pretty well
established, however, what o not
constitute residence, and 1t may be tai.,
EN- for granted that a person who mail
tains q family in one domicile while
he is pretending to live upon a home.
stead Is treading ulon rather thin ice.
The single man who has a ten by
twelve cabin on a piece of land ani
sleeps in that cabin ouce in six months,
choosing warm nights for the occa'
sions, may also be considered beyond
the pale of lie law. the home, as a
matter Of fact is easily recognized. 1,
is where one lves-eats, sleeps, coolS,
does washing, keeps his vile anu
BABIES and enjoys the comforts anu
blessings OF lue. 1t is not a maKeshill
for the purpose OF detrauding Uncle
Sam OIL 100 acres of land.
In the great generosity thos beneii'
cent government passeu a law granting
TO those VINO are ~quallned title to l6u
acres of a proviued they woulG
live upon the same for a period OF
five years; or, in ease claimants tounu
themselves unaLle TO 1--we lCr i've years
then permission is gwen to make com
mutation proof after a period oil four
teen months residence, by the pay
ment of SIPS per acre where the a
is beyond the railroad limits or $3.50
per acre where the land is within rail-
road limits. Where entrymen elect to
commute their entries after fourteen
months, their evidence as to residence
is scrutinized with greater care THAI
il they eject TO live upon the a for
a period of five years. 1t is true, how
ever, that they may have the first six
months in which to establish their
homes upon their claims the same as
in the fve-year cases., this period beins
what is called constructive residence.
There was published IN the Woman's
National Daily recently the Information
that claimants who moved at once up
on their claims after Hing might make
what is known as the five-year proof
in four and ole-half years, taking ad
vantage of the constructive residence
at the end of the residence instead
of at the beginning. This is not true,
and many of the readers of that wide
ly-circulated paper VIII doubtless be
led into error because of the puolica'
ton. The same paper also stated that
in case of Communication proof actual in
h~abitsncy of the land for h entire
fourteen months must be shown. This
is also an inaccurate statement, as the
six months constructive residence Is
allowed and the entryman is only re-
Quired to make a showing of actual in
habitancy for a period Of eight months
after the six months or fourteen
months in all after filing.
The price of the homestead Is the
making of a home upon b land. The
purpose Is the settlement of the coun'
try n the building up Of the nation,
Those who do not make their homes in
good faith upon the land are not com.
plying with the spirit n purpose OF
the homestead law and cannot expect
patent.