Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-09-22

u lllG pIOVlSlOuS VI IAIo dtl.
With reference to homestead entries
made under the provisions of this act
attention is called to the fact that the
said act of February 10, 1909 (subject
to which, as to residence and cult.
walton. such homestead entries must
be made), provides that mo entry
made under this act shall be CON-
mutea" (35 Staff, $500. This, then,
requires a residence of the full per-
| iod of five years to entitle the home
steader to patent Hereunder. The
latter act also provides that in ad
dition to the proofs and aliidavits re-
quired under section 1921 of the re-
| vised statutes the entryman shall
prove by two credible witnesses that
at least one-eighth of the area EN-.
braced in his entry was continuously
cultivated to agricultural crops, 9th
err than native grasses, beginning
with the third year Of the entry.
90 Non-mineral entries. selec-
tons, or locations initiated prior to
the passage Of the act.
In the proviso to secion 1 it is en-
acted that those who have initiated
non-mineral entries, selections. or To-
cations in good faith, prior to the
passage of this act, on lands with
drawn or classified as coal lands,
may perfect the same under the pro-
visions of the laws under which said
entries were made. but shall receive
the limited patent provided for in
this act.
| Upon receipt of these instructions,
registers and receivers will promptly
advise, by registered mail, all those
who have initiated nonmineral en-
tries, selections, or locations, prior to
the passage of this act, on lands
withdrawn or classified as coal lands
prior to entry, selection, or location,
which have not been restored to en-
try under the general land laws, that
they may perfect such non-mineral
entries, selections or locations (if
made in good faith) under the pro-
visions of the laws under which said
entries were made, but shall receive
the limited patent provided for in
this act, unless the lands are restor-
ed to entry under the general land
laws prior to final action upon such
entries, selections, or locations, or
unless, within thirty days from re-
ceipt. of such notice, in case where
final proofs have been made, or prior
to final proof where such proofs have
not been submitted, they submit evil
dence, preferably the sworn state
ments of experts or practical miners,
that the land is, in fact, not coal in
character, together with an applica-
ton for classification, if the land is
merely withdrawn, or for reclassifi-
cation if classified as coal land.
The application and evidence will be
by you transmitted to this Office and
follow the procedure prescribed in
section 5, paragraph 2, of these in
| structions.
| Notice to Chief Of Field Division.
| 4. Nothing herein shall change
the procedure of forwarding to the
proper chief of field division and the
proper officers in charge of the ma.
tiOnal forest (if in such a forest) a
copy of all applications to make final
proof, final entry, or to purchase pub
lie lands, for the endorsement of
I protest" or mo protest" as provid-
ed in the circular of April "a, 1907,
paragraph 5 ct seq, except that
where the only charge against the
same in the office of the chief of
field division is that the land is coal
in character, it will be unnecessary
for him to protest same or make in
vestigation, in view of the provisions
of the act.
Hearing to Disprove Classification.
S. The last proviso to section 3 Of
the act provides that nothing in the
act contained shall be held to deny
or abridge the right to present and
. have prompt consideration of appli-
cation to locate, enter, or select, un-
der the land laws of the United
States, lands which have been classi.
fled as coal lands with a view of
disproving such classification and Sc
curing a patent without reservation.
Except in the case of those who
present applications under section 2
of the act, you will advise any per-
son presenting non-mineral appli-
cation or filing for lands classified
as coal lands that he will be allow
ed thirty days in which to submit evil
dence, preferably the sworn state
ments of experts or practical miners,
that the land is in fact not coal in
character, together with an applica-
ton that the same be reclassified,
and that in the event of failure to fur
nish said evidence within the time
specified the application will be re.
jected. Such applications will be
given proper serial numbers and no.
tation thereof made upon the records
and when accompanied by the neces-
sary evidence they will be forward
ed to the general land Office for &C.
ton, where, If upon the showing
made, and such other inquiry as may
be deemed proper, the land is classi-
fed as agricultural land, the non.
mineral application, in the absence Of
other objections, will be required for
allowance. If Redistribution be de-
MED, the applicant may, within thirty
days from receipt of notice, apply for
a hearing, ut which he may be afford
ed an opportunity for showing that
the classification N improper, in
-ls>S >->~k I'M y,a,.a& assuuon tho