The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1909-07-24
Secretary Places Commuters ON New
Plann

Plane.
The Boise land Office Ia IN receipt
/ OF decision from the Secretary of
the Interior which shows that proof
/ OF Entryman who goes TO claim ex-
| pectlng to commute on entry after
fourteen months will be rejected. The
conditions upon which lands may be
! purchased must arise subsequent to
| occupancy. 1t is held that, not with
standing the proof offered shows full
technical compliance with respect to
lnhabitancy of the land for the period
! ordinarily required in communication
cases, 1t must further be shown that
the entryman went to the and with
the intention of residing there per-
mainly. In effect, if i. is shown that
an entryman had gone to the land
with an Intention of committing an en-
try his proof will be rejected.
In effect the decision is that the
purpose of the homestead law is the
donation of the public lands to actual
settlers seeking to establish homes
thereon, and the provision of COM
mutation in no wise changes that pur-
! pose, but merely affords a means of
committing further residence to cash
IN meritorious cases lawfully initiated
and prosecuted to the date of commu-
tadon. In other words, it is presumed
! mat every entryman is prepared to
athrmatiVely show that on going on
/ the land he did so with the Intention
OF making home, and his desire to
commute is due to conditions subse-
! quently arising.
Inc effect of this decision will be
lar reaching, and had the ruling con-
! famed therein been in force in years
past, hundreds of Communication proofs
IN Idaho would have been rejected,
especially those in North Idaho in
VolVlng valuable timber tracts.
Extracts from the decision follow.
III mere occupancy of a homestead
claim for a period of eight months
commenced 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
II title to land under the Homestead
law can only be acquired by establish
ing and maintaining an actual res
ldenceand by improving and cultivat-
ing the land, with the honest burmese
OF making the land a home. this entry
must be cancelled, for the reason that
1t is impossible to avoid tho CON
clusion that every act of thhe claim
ant, from the inception of entry until
making final proof was made with a
studied purpose to perform such acts
only as he considered essential to q,
snow OF compliance with the mere let
ter of the law and regulations, with a
view solely of acquiring title to the
land by purchase, and that he never
at any time had an honest intention
OF making the land his home.
The aim and object of the home-
stead law is the donation of the public
lands to settlers seeking to establish
agricultural homes thereon, upon the
condition that actual residence be
established thereon and that the land
be cultivated and improved. II
was designed to have the public lands
settled upon and improved by home
seekers rather than to have them dis
posed OF for the purpose of revenue.
residence within the meaning of
the homestead law must be establish
ed and maintained with the in
tent to make permanent home upon
the land to tn exclusion of a home
elsewhere. 1t cannot be acquired by
mere occupancy with a view solely to
acquiring title by colorado compH-
ance with the law, but actual resi-
dence must be maintained in good
talth with the intent to make it per-
manent. Such intent must be present
at the imitation of every entry, wheth-
er the title is acquired after the full
period OF residence prescribed by law,
or at the expiration of the shorter
period under the Communication proyis-
ions OF the act. There is but one
character of evidence applicable to
every homestead, and that means a
residence having the character of per-
manency, and established and main
tanned with such intent.
TO construe the Communication pro-
visions of the homestead law as
meaning that a person having the
proper qualifications may make en-
try with a view to the purchase of
tho land after a short period of oc-
cupancyp but with no intention of oc-
cupylng the land after the submits
sion OF final proof or after he shall
have acquired the title as q home,
would defeat the very purpose of con-
fgress as expressed in the act of March
z, 1889 with drawing from private
entry all public lands except In the
state of Missouri, and as declared in
the act OF March 3, 1891, that no pub
lie lands, except abandoned military
lands and other reservations, isolated
and disconnected tracts and mineral
and other lands. the sale of which has
been authorized by law shall be sold
at public sale.
THE intent Of the Communication
provision Is individually derivable
from the act itself. An onerous task
was imposed of five years residence
and cultivation as a condition to the
granting of title. In the mutability
of human affairs 1t was evident that
some who accepted the proposal In
utmost good faith, with intent to COM
ply strictly, would be unable to do
-un lnoqlIA lou pInoo sIsqlo pUe 'os
reasonable inconvenience and loss.
With some such provisions they would
be compelled to loose all expenditures
for Improvement and all time served
on the entry period, as we'll as the
loss of the homestead right.