Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1909-09-11
NEW AND SWEEPING
LAND DECISION.
Actual Residence and Cultivation OF tn,
Soil Is Now Required.

LAND DECISION.
Actual Residence and Cultivation OF tn,
| Soil Is Now Required.
That the government is making il
harder all the time for people to secure
title to land is shown by a decision re
Gently received at the United State,
land Office. Back Of it all the reason il
apparent, for the government is trying
to conserve the land for bona fide set
tiers who will live upon it and cultivate
it.
1t has been noted in the land Office
that many filings have been made by
residents of all of the larger towns and
cities in eastern South Dakota, Iowa and
Nebraska, including many from Rapid
City. In many instances these filings
are made by merchants. trade people,
and in some cases by professional men.
The decision just rendered by acting
Commissioner 8. ". Proudfit, of the
general land Office, is wide in scope and
comes at an opportune time as a warn
ing to people who attempt to get title TO
the government land for speculative pur-
poses. In the case in question photog-
rapher filed on claim and after the
stated time submitted his evidence and
attempted to prove up on his claim.
Commissioner Proudfit finds the facts
in the case to be as follows:
''In his proofs he alleges that he es-
tablished residence August 6, 1907, by
moving his family on his claim that he
personally came February 20, 1908; that
his wife has made it a continuous resi-
denee since August 6, 1907; that he has
been absent two or three months at a
time, one time six months at work in
Sioux City, Iowa; that he has photog.
rapher's instruments at Sioux City
that he was absent at Sioux City three
weeks in the winter of 1908; that he has
two acres broke; that he has raised no
crops that his claim is in the middle of
large pasture and he is unable to fence
it,"
In several cases cited in his finding of
the law points Commissioner Froudfit
says: Residence under homestead
laws must be established by the per-
sonal act of the entryman. Residence
on homestead must be in person and
cannot be by proxy even by member
of the entryman's family. Residents
under the homestead law cannot be es-
tablished by the acts of another. Con-
structive residence cannot be allowed
where the entryman moved his family
on the land within six months from
date of entry and settled there in a
house previously constructed, not per-
sonallv coming to the land for some two
months later. .-.. .,s.. .1s. .
A mere pretense of cultivation does
not satisfy the requirements of the
homestead law, and proof with facts to
show bona fide compliance with the law
in the matter of cultivation must be re-
quested.
"In the case under consideration, re-
sidence was not established by claimant
by moving his family onto the land Au-
gust 6, 1907, and not prior to February
20, 1908, when he came personally to
the land, and his residence is therefore
insufficient to permit communication OF
proof.
at also appears that there has been
no cultivation, or preparation for cult
yation beyond breaking two acres with.
in pasture, without any apparent in.
tention to cultivate any portion of the
same"
The proof is found to be insufficient
and the land restored to the govern
ment.
From the above findings and decision
it can be readily seen that the govern
ment will demand an actual residence
on the land and also an appreciablt
cultivation of it, before the final paten
placing the title in the entryman can bt
obtained, Men who have filed OF
claims, thinking to secure title through
having their wives liye upon the claim
will be disappointed. Actual residence
will be required by the person who file
on the land.