The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1909-09-03
Government Decision Cuts
Off All Opportunity of
Speculation.
and no PROXY HOLDING WILL Be ALLOWED
Commissioner Proudfit DeciGes Case
from Sioux City of More Than
Passing lterest to Entrymen.

IOrC 20 CUT OH persons from entering
lands for speculative purposes, and in
a decision just handed down by Act
ing Commissioner S. V. Proudtit,
holds that entrymen must live on the
land and that such residence cannot
be gained by proxy, even by a MEM
Der of the family. In the past it has
been the custom for business and pro-
fessional men, as we'll as others 9TH
erwise interested to enter lands and
go upon it occasionally or have some
member of his family stay there suf-
ficiet to gain residence title. The de-
cision does away with this entirely
and is made with the desire the lands
may fall into the hands of actual set
tiers who will improve them for a
home. Z
In the case in question of Sioux
City party who entered land the COM
missioner finds:
''In his proof he alleges he estab-
lished residence August 6, 1907, by
moving his family on his claim and
that he personally came upon the land
February 20, 1908; that his wife has
made her continuous residence there
since August 6, 1907. That he has
been absent two or three months at
time and at one time for six months
when he worked in Sioux City. That
he has photograph instruments in
Sioux City; that his wife was absent
at Sioux City three weeks during the
winter of 1908 and three weeks in the
summer of 1908; that he has two acres
broke; that he has raised no crops;
that his claim is located in the mid
DIE of large pasture and is unable to
fence it."
In several other cases cited as basis,
the commissioner says: Residence
under the homestead law must be es-
tablished by the personal act of the
entryman. Residence on homestead
must be in person and cannot be by
proxy, even by member of the en-
tryman's family Residence on a
homestead cannot be established by
the acts of another. Constructive
residence cannot be allowed where
the entryman moved his family on
the land within six months from date
of entry and settled there in house
previously constructed, not personally
coming to the land until some two
months later. A mere pretense of
cultivation does not satisfy the re-
quirements of the homestead law, and
proof showing bona tlde compliance
with the law must be required. In
the case in question the residence was
not established by claimant by NOV
ing his family onto the land on Au-
gust 6, 1907, and not prior to Febru-
ary 20, when he came personally to
the land. His residence is therefore
insufficient to permit Communication Of
proof. 1t also appears there has been
no cultivation or preparation for cul-
tivation beyond breaking two acres
within pasture, without apparent
intention to cultivate any portion of
the same. The proof is therefore
found insufficient and the land re-
stored to the government"
From the above finding it will be
readily seen the government will re-
quire actual residence and cultivation
of the land entered before proof can
be established. If any have filed on
claims similar to the Sioux City man,
who was evidently a photographer To-
Gated in Sioux City and entered the
land for speculative purposes, they
should at once take steps to protect
their holding as suggested. When ap-
plication to proove up is made the
facts have to be stated and should it
disclose the flaws as cited the title to
the property will in all probability
remain in the government and the
time spent be wasted.