The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-02-28
Col. LounSberry's Washington Letter

washington, Feb. 21-To The For
UNI: Since my last letter the depart
ment has decided another North Da-
kota case. that of Ole Brandrud.
committed homestead OS1SS. Whilst
ton, who was employed as a clerk
in the postoffice at Palermo. The de-
cision Of the general landof1ce was
affirmed. The concluding paragraph
of the decision is as follows:
In the case Of Anna " Kuhn or
L. d., 437) it is decided that credit
for constructive residence during Of
fetal employment will not be allowed
in the communication of homestead en-
tries" and the department adheres to
said decision. 1t follows that claim
ants contention for allowance Of time
he was employed as clerk and assis-
tant in the United States postoffice
at Palermo, cannot be allowed as con-
structive residence on his homestead
entry, and your decision must be and
the same is hereby affirmed.
This decision Is dated Feb. IA, 1910.
BY an act Of congress approved Jan.
2S, 1910 three months leave OF absence
from that date was granted to all
homestead parties in the states of
North Dakota, South Dakota, Mon
tana, Idaho, Minnesota, Nebraska,
Colorado and Wyoming, and in all
cases where homesteaders required to
make entry under a declaratory state
ment or to establish residence expired
or expires after Dec. 1, 1910, is ex-
tended to May Is, 1910. This does
not apply where an adverse claim or
entry was made over a declaratory
statement before this law was passed
Nor does 1t shorten the period of act
ual residence required. If one takes
advantage of 1t he must make good
the time he was gone on either a five
year or fourteen months proof. On a
five year proof they are better off by
not claiming IL, as the general law
would not deduct three months alb
sence, but IL the leave of absence is
claimed 1t must be deducted. 1t will
help the commuter, by allowing him
to go away and make good in sum
| mer time.
The circular under this act is dated
Feb. 10, 1910.
For many years 1t was q practice
of the general landoffice to allow a
second homestead entry where the
conditions were such that living
could not be made on the first, through
failure to get water or where there
was underlying rock or sand or where
the soil drifted after the surface was
broken or other causes existed giving
equitable reasons for a change but ii
was later held that no second entry
could be made where the first was not
lost or abandoned prior to Feb. 8, 1908
the date of the last act allowing sec
ond entries.
| Mahlon Peach had made q. second
entry under the old practice, alleging
that he abandoned the first about June
Ia, 1908, because it was impossible t.
make living on the claim as he was
compelled to haul water three and ont
half miles, and the landoffice held hi
lentry for cancellation, but was re
versed by a department decision dat
ed Feb. II, 1910, and his entry alloweC
to stand, 1t being held that:
Though accordant to an erroneoui
construction of the act referred ia
was in view of the department, no
tenable CMarmaduke w. Mathews, 8
L. D., 406). The object of the home
stead law was to enable a handles
citizen to obtain a home and develo
a farm upon the public lands. 1t |
obviously impossible to accomplis
the purpose OF the act II water is no
obtainable by an entryman within
reasonable distance or at a REASONABLE
. expenditure of money nd labor. Thi
is so because neither man nor beas