The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1909-07-24
HOMESTEADERS
CANNOT ASSIGN


land which he has secured from the
government after he has completed
his five years residence until he COM
plies with the strict letter of the law,
Commissioner Fred bennett has is
sued an important order to registers
and receivers of United States land
offices and settlers which was ap-
proved June 49, 1909, by Secretary
r. A. Ballinger and in which the for
mer ruling of Secretary Garfield, to
the effect that such assignments could
be made, is absolutely reversed.
In view of the fact that there are
many entrymen in the state of Idaho
who are prepared or will be prepared
within few months to Submit final
proof the ruling is considered of the
utmost importance and registers and
receivers are instructed to give wide
publicity to it. The ruling in full
follows:
Washington, D. c., June 10, 1907
Registers and Receivers, United State
Land Offices.
Sirs:-Section of the act of June
IL, 1902 (S2 Stat, 1881, provides that
the homestead entryman on lands
within irrigation projects shall, in ad-
dition to complying with the home
stead laws, reclaim at least one-half
OF the irrigable area of his entry for
agricultural purposes, and that, be-
fore receiving patent for the lands, he
shall pay all charges apportioned
against them as provided in Section
of the act.
You are cordially instructed there
under as follows:
1. Entries not assignable till all
requirements have been met and final
certificate is issued.
Homesteaders who have resided on
and cultivated their lands for the
length of time required by the home
stead laws, and have submitted proof,
which has been found satisfactory
Hereunder by this Office, will be ex-
cused from further residence
on their lands, but before final eertifi-
cate and receipt can be issued as basis
for patent, it will be necessary for
them to show the reclamation of at
least one-haf of the irrigable areas
of their entries for agricultural pur-
poses, and to make payment of all
charges against their lands in pur-
suance of law, and until these re-
quirements have been met the entries
can not be assigned either in whole or
in part.
2. Full payment at option of entry
men.
On showing the reclamation pro-
vided for by the act, such entrymen
may, if they so desire, exercise the
option of Immediately paying all in
stallments of the building charges
for operation and maintenance then
due, imposed by public notices issued
in pursuance of Section 4 of the rec
lamation act, and such reclamation
showing and payments may be made
Wnen hamestead proof Is submitted,
if conditions permit.
Notice will be given homesteaders,
through you, under Section l of this
circular, in the following form:
You are advised that the five-year
proof submitted by you on homestead
entry, No., made -
subject to the act of June II, 1902 (S2
Stat, 1881, for the - Section -,
township -, range - -merid-
ian has boon examined in this office
and found to be sufficient as to the
residence cultivation and improve
ments required by the ordinary pro-
visions of the homestead law. Fur
Their residence on the land is not re-
quired in order to obtain patent, and
patent will issue upon proof that at
least one-half Of the irrigable area in
the entry, as finally adjusted, has
been reclaimed, and that all the
charges, fees and commissions due on
account thereof have ben paid to the |
proper receiving officer of the gov
eminent.