Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1909-07-01
ANOTHER BLOW
TO COMMUTERS
Must Be Able to Show His Intention
Of Making His Home on
the Land

respect to iuhabitancy of the land
entered for the period ordinarily re-
quired in Communication cases, it must
further be shown that the entryman
went TO the land with the intention of
making it his permanent residence,
is the meat of ruling that has been
handed down by the secretary of the
interior. In other words entry men
in Idaho or those who propose to make
entry of Uncle Sam domain must
remember that if he goes to the land
with the intention of committing after
he has made his entry. and this can
be shown, proof will be rejected by
officers in charge of Boise land Office.
The ruling, if followed to the letter.
will stop a traffic which had been
gaining considerable ground within the
borders of southern Idaho.
The ruling is in part as fellows
If mere occupancy of homestead
claim for a preiod of eight months.
commencing before the expiration of
six months from date of entry. will
entitle the claimant to purchase the
land, this claimant has complied with
the law and is entitled to patent.
But if title to land under the home
stead law can only be acquired by
establishing and maintaining an
actual residence and by improving and
cutlivtaing the alnd, with the honest
purpose of making the land home,
this entry must be cancelled, for the
reason that it is impossible to avoid
the conclusion that every act of the
claimyst. from the inception of entry
until making final proof, was made
with studied purpose to perform
such acts only as he considered es
sential to show of compliance with
Il the mere letter of the law and regua-
tions, with view solely of acquiring
title to the land by purchase, and that
he never at any time bad an honest
intention of making it his home.
Residence within the meaning of
the homestead law must be estab-
, lished and maintained with the intent
to make a permanent home upon the
land to the exclusion of a home else
where. 1t can not be acquired by
mere occupancy with view solely to
acquiring title by a colorado COM
pliance with the law. but actual res
idence must be maintained in good
faith with the intent to make it per-
, manent. Such intent must be present
at the initiation of every entry.
whether the title is acquired after
the full preiod of residence prescribed
by law, or at the expiration of the
, shorter period under the Communication
provisions of the ac;. There is but
one character of veidence applicable
to every homestead. and that means
residence having the character OF
permanency, and established and main
tanned with such intent.
I 1.-THE intent of the Communication
provision, is indubitably derivedable
/ from the act itself. An onerous task
, was imposed of five years residence
and cultivation as condition to the
granting of title. In the mutability
of human affairs it was evident that
some who accepted the proposal il
e utmost good faith. with intent tc
Z comply strictly, would be unable Il
] do so. and others could not without
unreasonable inconvenience and loss
: With some such provisions they woulC
-. l~.I -
t for improvement and all time served
n on the entry period. as well as th,
d loss of the homestead right.
= ITO construe the communication pro
!. visions of the homestead law as mean
ing that person having the prope
qualifications may make entry with
: view to the purchase of the land afte
t short period of occupancy. but witt
f no intention of occupying the Ian,
e after the submission of final proof o
after he shall have acquired the It'll,
= as home, would defeat the very plr
! pose of congress as expressed in tn
: act of March 2. 1889, withdrawing
: from private entry all public land
e except in the state of Missouri and a
h declared in the act of March 3, 1891
f that no public lands, except absn
n doned military lands and other res
J. ervations, isoalted and djsconnecte
n tracts and mineral and other lands
& the sale of viii, has been authorize
it by law shall be sold at public SALE
This decision is rendered in cas-
appealed from the United States Ian
Office at Dickinson, MOI tn Dakota.