American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1911-06-08
SOLVES vExING LAND PROBLEM
commissioners Would Give Consid-
Grafton To Settler on Tn seryey-
ed Dry Farm.

Semi-official announcement has
/ been made by the interior depart
ment that bona fide settlers on un-
surveyed dry farming land which is
later thrown openf or entry under
the enlarged homestead act will be
given prior right to the land on-whi
they have settled.
This question is one of vital i'm
portance to Utah, and no ruling on
the subject has heretofore been
made. The question as to the rights
OF settlers already on the land over
other entrymen has come up at al
most every land opening in Utah un
er the enlarged homestead act. The
local land office has been divided
on the question, some members of
the local staff contending that bona
fide settlers who had improved the
land were entitled to be given the
preference over others who had filed
on the same piece of land, while 9th
ers were of the oppinion that the
land office must treat all entrymen
alike, and that even though settlers
had located the land and improved
it in advance of the opening, they
could not claim any prior right to
the property
The matter was taken up with
the interior department, with no sat-
lsfactory result About the only
word on the subject received there
from was that no ruling had ever
been made with reference to the
question.
George Atkin, of Milford, Utah.
wrote Senator Reed Smoot, asking
that the matter be taken I'D by Sem
/ yx-f+h
office that ruling on the subject
might be had. Mr. Atkin recently
received a letter from Senator Smoct
in which he quotes a communica-
ton from S. V. Proudfit, assistant
general land com missioner Senator
Smoot interprets the letter from
MIR. Proudfit to mean that while
the interior department cannot
promulgate ruling recognizing in
advance a preference right of entry,
it will, in the event of conflicting
claims consider the equities of one
who has claimed, improved and cul-
tlvated the land in controversy.
Commissioner Proudfit's commun-
ication which Senator Smoot quotes
follows:
Referring to your letter of April IT
1911, enclosing one from Mr.. George
Atkin, of Milford, Utah, | have the
honor TO advise you that settlers up
on unsurveyed lands who claim the
same under the general homestead
law have preference right of entry
for a certain period after survey,
but such right is grounded upon af-
firmative legislation. act of May II
1880 (21 State 141.)
Residence is not required under
section OF the enlarged homestead
act, nor is there any provision for
the requirement of a preference
right by acts of occupation, improve
ments and cultivation.
In the event, however, that con-
flicting claims were made this office
would consider the equities of one
who has claimed, improved and cul-
tivated the land in controversy; but
in the absence of legislation it has
no authority to promulgate a rul-
ing recognizing in advance a pref
erence right of entry based upon
such acts of occupancy.
Residence is, howerev, required
upon lands entered under sections
1-5 of said enlarged homestead act,
and there would appear TO be no
reason why the rights of persons set
land, intending to claim same under
said sections. should not be proteee-
ed as the rights of those claiming
land under the general homestead
law, as stated in paragraph 4 of
the inclosed circular of September
a. 1s10.-Salt Lake Tribune.