The Washburn leader., 1908-01-03

HOMESTEAD BILL
The Communication Law Menace to the Land Law
Regulations In Its Present Form, and Ought
to Be Repealed.

The following bills of interest
to the new settlers on the public
domain have been introduced by
Senator Hansbrough:
Relating to communication OF
homestead entries and to conform
such entries when Communication
proofs we're received by local
land officers permaturely.
Sec. l That whenever it shall
appear to the commissioner Of the
general land Office that an error
has heretofore been made by the
officers of any local land office in
receiving premature commutation
proofs under the homestead laws
and that there was no fraud prac-
ticed by the entryman in making
such proofs and final payment has
been made and final certificate
of entry has been issued to the
entryman, and that there are no
adverse claimants to the land des-
cribed in the certificates Of entry
whose rights originated prior to
making such final proofs, and that
no other reason why the title
should not rest in the entryman
exists except that the commuta-
tion was made upon, showing OF
less than fourteen months con-
tinuous residence upon the land,
and that there were at least eight
months actual residenc in good
faith by the homestead entryman
on the land to such commutation
such certificates Of entry shall be
in all things confirmed to the entry
man, his heirs and legal represen-
tatives, as of the date Of such final
certificate Of entry, and patent
issue thereon, and the title so
patented shall inure to the benefit
Of any grantee or transferee in
good faith of such entryman subse-
quent to the date of such final GER
tifcate; provided, that this act
shall not apply to Communication
and homestead entries on which
final certificates have been issued
and which have heretofore been
cancelled when the lands made va
cant by such cancellation have
been reentered under the home
stead act.
The above bill is subject to SER
ious objection in its present form.
While it is intended for the relief
of a few, it opens the doors to
more fraud under the commuta-
ton law, which law is now the
cause, and always has been the
cause, of four-fifths of the frauds
under the public land law regula-
tions.
The Communication law ought to
be repealed outright.
If the above measure passes it
ought to be amended so as to be
more specific as to accepting COM
mutation proofs made upon a
showing of less than fourteen
months continuous residence up
on the land. How much less than
fourteen months? Ten days,
thirty days, sixty days; or how
long? The limit might be fixed
at thirty days, which ought to be
long enough. And the close,
"that there was at least eight
months actual residence in good
faith on the land prior to such
commutation.'' is open to serious
objection. It should read, "eight
months actual and continuous
residence" etc. If the word ICON
tinuous'' is not used it will admit
of Occasional visits" of month
or two months, the sum total con-
stituting ''eight months actual re-
sidence."
Speculation is almost entirely
with commuted proofs and today
in some parts of the state two
thirds of the proofs advertised are
commutation, and it is safe to say
that half Of these are for specula-
ton pure and simple--those prov
ing up do not intend to live on the
land in the future and instead Of
furnishing homes for actual resi-