Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1909-07-09
NEW HOMESTEAD REGULATION
Important Ruling Handed Down by the
Secretary of the Interior

Copies of an important decision
handed down by the secretary of the
interior affecting Communication Of
homestead entries having been received
by local land office officials, in 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-
quired in Communication cases, it must
be further shown that the entryman
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 mis- proof will be re-
jected.
The decision points out that the pur-
pose of the homestead law is the dona-
tion of the public land to actual settlers
seeking to establish homes thereon.
and the provision of Communication in no
wise changes that purpose, but merely
affords means of committing further
residence to cash in meritorious cases
lawfully initiated and prosecuted to the
date of Communication. In other words,
it is presumed that every entryman is
prepared to affirmatively show that on
going on the land he did so with the
intention of making home, and de-
sire 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 these in northern Idaho involving
valuable timber tracts.
The decision is in a case appealed
from the United States land Office at
Dickinson, n. D. Judgment 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 house in Canton, S.
D., which he leased for a period of
fourteen months, or until the earliest
date he might offer Communication proof,
indicating such an intention at the time
of.making such entry.
The decision states in part:
eff mere occupancy of homestead
claim for period of eight months,
commenced before the expiration of
six months from the date of the entry,
will entitle the claimant to purchase
the land, this climant has complied
with the law and is entitled to patent.
But if title to land under the home
stead law can be acquired by establish
ing and maintaining an actual residence
and by cultivating and improving the
land, with the honest purpose of max
ing the land home, this entry must
be Cancelled, for the reason that IS i'm
possible to avoid the conclusion that
every act of the claimant, from the in
ception of entry until final proof
was made with a studied purpose
to perform such acts only as he con-
sidered essential to show of comph-
ance with the mere letter of the law
and regulation, with a view solely of
acquiring title to the land by purchase,
and he never at any time had an honest /
of making the land his home.
1.-The aim and object Of the home
stead law is the donating of the public /
ands to settlers seeking to establish .
agricultural homes thereon, upon the /
that actual residence be es-
thereon and that the land be
cultivated and improved. 1t was de-
.igned to have the public lands settled
lpon and improved by homeseekers
'ather than to have them disposed of
or the purpose of revenue. Il
Residence within the meaning OF
he homestead law must be established
md maintained with the intent 10
make a permanent home on the land to
he exclusion of elsewhere. 1t cannot
'e acquired by mere occupancy with a
lew solely to acquiring title by color
BILE compliance with the law, but I
ctual residence must be maintained in
ood faith with the intent to make il /
ornament. Such intention must be
resent at the iniation of every entry. '
Ihether the title is acquired after the
all period of residence required by law, ,