American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1909-07-03

Copies of Ar important decision
handed down by the secretary OF the
interior affecting Communication of
homestead entries having been received
by local land Office officials, III which It
is held that, notwithstanding that the
proof offered shows full technical COM
pliance with respect TO inhabitancy Of
the land for the period ordinarily re-
ouired in commutatior cases, It must
be further shown that the entrynan
went To the land with the intention OF
residing there permanently In effect,
if it shows that an entryman had gone
to the land with the intention Of COM
muting an entry MS proof will De re-
jected.
The decision points out that the
purpose of the homestead laV IS the
donation of the public land 70 actual
settlers seeking to establish homes
thereon, and the provision OF commit
tation in no wise changes that purpose,
but merely affords means OF committing
further residence to cash IN merltorlous
cases lawfully initiated and prosecuted
to the date of Communication In other
words, it is presumed that every entry
man is prepared to affirmatively show
that on going on the land he did so With
the intention of making a home, and
desire to commute is due to conditions
subsequently arising.
The effect of this decision will be far
reaching, and had the ruling contained
therein been in force in years past,
:. hundreds of !, Communication proofs In
Idaho would have been rejected, espec-
tally those in northern Idaho involving
! valuable timber tracts.
The decision is in a case appealed
from the United States land office at
Dickinson, N. D.. Judgement entered
by the register and receiver was re-
versed by the commissioner of the
general land office, whose findings are
affirmed on final appeal. 1t was shown
that the owner on acquiring his claim,
was the owner of a house in Canton, 5.
D., which he leased for a period OF
! fourteen months, or until the earliest
r date he might offer Communication proof,
indicating such an intention at the time
I of making such entry.
The decision states in part:
E eff mere occupancy of homestead
: claim for period of eight months,
, commenced before the expiration of si2
months from the date of the entry, vii
: entitle the claimant to purchase the
q land, this claimant has complied witt
, the law and is entitled to patent. Bu
. if title to land under the homestead Law
can be acquired by establishing anC
maintaining an actual residence and By
cultivating and improving the land
4 with the honest purpose of making tn
land home, this entry must be can
celed, for the reason that it impossible
TO avoid the conclusion that every ac
of the claimant, from the inception o
entry until final proof, was made witt
u ENoS W ENANSAAAA SN.~A+ N-NN
only as he considered essential to
show of compliance, with the mere let
ter of the law and regulations, with
view solely of acquiring title to tn
land by purchase, and he never at an,
e time had an honest intention OF making
the land his home.
tine aim and object of the homestea
law is the donating of the public land
IS TO settlers seeking to establish agricnl
Il tural homes thereon, upon the condl
y ton that actual residence be establishe'
" thereon and that the land be cultivate
It and improved 1t was designed to hav
N the public lands settled upon and i'm
II proved by homeseekers rather than
have them disposed of for the purpos