Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-09-30
TURKEY APPEALS To
l. Powers TO CONVINCE
ITALY Of HER ERROR
hanna EXPLAINS Leave
OF ABSENCE GRANTED.
HoMEsTEADERs MAY LEAVE THE
CLAIMS UNDER CERTAIN
CONDITIONS
Must Make UP Time Lost Before Prov
ing Up on Claims, However, 1t They
Take Advantage Of Provision.

The Tribune is in receipt OF a let
ter from Hon. l.. B. Hanna, which set
ties point in regard to homesteaders
taking advantage of the special act OF
Congress granting leave of absence
from theiA claims until April Is, 1912
Mr.. Hanna writes:
There have been a good many in
quiries sent me asking as to the act
passed by congress and approved
August 1891, which grants leave OF
absence to certain homesteaders.
This act applies in our state to the
the land districts of Dickinson, Minot,
Williston, Devils Lake and Bismarck,
and reads practically as follows:
That all persons who have hereto
fore made homestead entries in GER
tain land districts (and then follows
the districts IN our own state which
have been specified,) are hereby re-
lieve from the necessity of residence
and cultivation upon their lands from
the date of the APPROVAL of this act
(which was August 19,191D to April
Is, 1912. Provided that the time OF
actual residence during the period
named shall not be deducted from the
full time of residence required by
law.
took this matter up with the gen.
eral land office to find out exactly
how they would interpret the law and
they reply to me under date of Sep
tember Is, 1911. as follows:
Hon. l.. B. A.anna,
Fargo, North Dakota.
Dear Mr.. Hanna:
Replying to your letter Of Sept.
10. 1911, you are advised that the
construction placed upon the Act OF
Congress approved August 19, 1911
allowing leave Of absence to certain
homesteaders, has been substantially
as follows:
This office has held that the act
applies in all cases where entry was
made prior to the date Of the approval
of the act, irrespective of whether
residence was established, but that
the time of actual absence during the
period set out in the act would have
to be made up by the entryman De'
fore he would be entitled to submit
satisfactory proof. However, where
the six months period within which
residence must be established had
expired prior to the date of the ap-
proval of this act, and the entryman
takes advantage of the leave without
first establishing residence and his
entry be contested for failure to es'
tablish residence, the act could not
be pleaded as a good defense In bar
thereof.
In view of the foregoing, the con-
struction placed upon the act by
this office appears to be the same as
the construction set out in the pam
phlet enclosed with your letter which
is returned herewith.
Very respectfully.
(Signed) JOHN, McPHAUL,
Acting Asst. Comm.
In q short speech which l made
on the floor of the House in Congress,
August II, 1911, and which the Com
missioner refers to in the latter clause
of his letter to me, I made the follow
ing statements: \
This bill PROVIDES tnat IL Shall dp'
ply to all persons who have hereto
fore made homestead entries. This
means that the people who have al
ready made their homestead entries
and are living upon their lands are en-.
titled to the benefits of this proposed
law. 1t also applies to those people
who have initiated or who have nled
upon land and who under the law
have six months from time OF ming
in which to establish their residence
They are given additional time to es-
tablish their residence until April
IS, 1872"
kindly give this matter publicity
through your paper as an item OF
news and oblige me as many people
all over the state are interested IN
it.
Thanking you for your courtesy
am,
Sincerely.
L. B. HANNA.
MASONIC MEETING.
There will be a regular meeting OF