The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1911-09-08

The following important law point
have recently been decided by tn
Secretary of the Interior.
HOmesteads
The homestead law does not in ex
. press terms require establishment O
residence within six months from dat,
OF the entry, as said in Nilsson VS.. st
Paul, M. & M. r. R. Co. C L. D.
567-569). The law gives period Of
seven years within which to prove
five years actual residence and cult
walton.
The land department, like all other
tribunals, recognizes rights arising
from inevitable casualty. Serious ill.
ness of member of ones family is
inevitable casualty, for the anxiety
arising from affection and the duty
arising from human obligation con.
strain the mind so that it is not free
to carry out it's purposes.
When real estate, comprising more
than 160 acres had been conveyed to
a person by another for the purpose
of defrauding creditors, such grantee
took the legal title and did not hold
as trustee. When such grantee there
after made homestead application, he
was disqualified, upon the ground
that he was the owner of more than
160 acres of land. "5&
When entryman has settled upon
land and made substantial compliance
with the homestead law as to cultiva-
ton, residence and improvement for
the five years Immediately succeeding
that date, his subsequent residence
elsewhere, after the expiration of the
five year period and the submission of
his final proof, can in no wise affect
his right to patent for the land.
Desert Lands
In deciding questions involving
character of land and water supply,
arising under the Carey Act of Aug
ust IS, 1894, the Department will
necessarily rely upon the technical in
formation furnished by it's experts.
When a person takes desert land
entry by way of assignment, he is
thereafter disqualified from making
an original desert land entry.
A United States deputy surveyor is
also disqualified under Section 452 Of
the Revised Statutes. '-''--,r,,
In cases where lands are open both
to settlement and entry, a homestead
claim may be initiated either by
settlement or by entry.
A person making an additional
homestead entry contiguous to his
original entry under Section 2, of the
Act of April %, 1904, (33 Stat. 52O |
may reside upon either tract.
The object of the requirement OF
annual proof in connection with des-
ert land entry is to test the good faith |
of the claimant.
Entryman must have good water
right for sufficient water to irrigate
the entire irrigible area in the entry.
In allowing credits for annual proof
it is not necessary that the water
right should be fully complete in the
entryman nor that the water should
at that time be available for use by
the claimant.
s An entryman under the homestead
laws, who has. acquired title, is not
qualified to- make an entry under the
Reclamation Act. Instructions of
June 16, 1909 (3S L. D., So affirm
ed.
The Act of March 2, 1899 (25 Stat.
1851 has no application to entries
under the Reclamation Act, and the
additional right granted in said act
of March 2, 1899, cannot be exercised
by entry within reclamation project.
Every entry of land within the
limits Of a withdrawal under the Re-
clamation Act is subject to reduction
to farm unit as thereafter estab-
lished by the Secretary Of the Interior
and improvements placed upon the
different subdivisions by the entry
man prior to such reduction are at his
risk. Affirming case of Jerome M.
Higman CT L. D.f71S). 49, I,
% Timber and Stone z - II
When the only issue before the De-
partment Ifs whether the land lis sub II
ject to- entry under the timber and h
stone law; the claimant should make
q ,prJfna facia showing, supported by f
the afffdavitsp OF atleast two WITNESSES
whophaye actual knowledge Of the {
character Of the land, showing that It y
is chiefly valuable for the timber
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