The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-02-07

Washington, d. c., Jan. 31.-I have
seen in The Forum, Bismarck Trt-
bune and Grand Forks Times, and 1t |
has no doubt appeared in other papers
of the state that the John T. Ander-
son decision lays down new rule
relative to homestead proof by office
holders, but this is not so. The only
lew rule that has been made In the
matter was by the Ed. Jenkins and
Anna ". Kuhn decisions, under which
constructive residence cannot be all
lawed in committing homestead en-
tries, the meat of these decisions be-
ing in the following, taken from the
Anna ". Kuhn decision; 49," abb
sence due TO offlciaI duties will not be
considered residence on the land in the
sense of excusing the entryman for
any part of the shors period during
which communication proof may be ac-
copied.
This language was quoted and again
affirmed by the department in the case
of John L. Sherk, commuted home
stead entry No. 01137, Chamberlain,
s. D., in a decision affirmed by the de-
partment Jan. "a, 1910, and may be
accepted as the law until congress
provides otherwise.
The affect of the decision in the
John Anderson case was that having
| established residence in good faith,
and two years thereafter having been
appointed postmaster, his absence on
official duties could be accepted as
constructive residence on a five year
proof, especially in view of the fact
that there was upwards of eighty
acres cultivated for q term Of FIVE
years.
In the case of III. C. Hansbrough,
whose homestead was held up by
Sparks, some years ago, 1t was held
that a postmaster could not hold q
claim outside the delivery of his post
office, and as he claimed residence
some twenty miles from his land, II
was assumed that his claim was
fraudulent. 1t was investigated by 9
special agent who found that all OF
his neighbors. in the vicinity of his
claim got their mail at Devils Lake
and the rule was reversed and he got
his claim. In Anderson's case he &C
cepted a postoffice two hundred miles
from his claim, and the landof1ce held
in good faith on his claim, and in this
the land Office was reversed. Anna v
Kuhn, John l.. Sherk or any one Of
the long list whose claims have beer
rejected on communication proofs coule
have made five years proof, counting
their absence on official duties as con-
structfve residence, but not for tne
purpose of committing where residence
!. was actually established before tax
ing Office.
. The object of the government IS MOI
to sell the land, and get It's money oui
of it. but to give homes to the pepole
When it was found that the privilege
of committing after six months wa;
abused the time was extended to four.
teen months. and when 1T was found
that the privilege of six months con
: structive residence was being abuset
the rule was changed 10 require four
teen months actual residence, and thti
: rule now holds good as to all entries
: made since Nov. i. 1907.
Those of us who are handlini
: proofs all Of the time, and CORRECTING
! errors OF omission and commission be
i come familiar with the abuses i
! seemed a reasonable thing to ALLOW
! the deputy sheriff the same privilege
) that the sheriff had; 1t seemed rea'
sonable to excuse him from actua
) residence upon the homestead whef
! 4 engaged on official duties at the coun
? ty seat. but one sheriff had seventeen
deputies and each one claimed tn
/ same privilege when none were actu
, ally absent on that account.
When the II. s. commissioners
/ were rambling over the state and TAX
Z Ing proofs on the land some Of tn,
t clerks of court concluded that the!
too wanted some OF that velvet, ar'
J appointed deputies all over the coun
I ty, and the proofs would be sent Il
q when the clerk would attach the sea
nl A special agent would sometime
ii show UP at the place. OF taking thes
q proofs and find that some good oil
g lady. some accommodating grandma
v would so out TO her claim with
n lunch and take an after dinner ma
on her claim once month and ca
: that living on 1t. or some travelin
"a man going from willow City to Town
d ler would lunch and take nap afts
lunch on his claim once d month III