The enterprise. [volume] (Harlem, Mont.) 1899-1926, 1911-03-16

fore the six months has expired
which are granted him as the time
within which he must establish resi-
dence upon his entry, he must live
upon the claim full periodof fourteen
months, beginning from the date up
on which his residence is actually
established thereon, and not begin
ning from the date of the entry, in
other words, if the entryman ex-
poets to make Communication proof
upon his homestead entry he should
establish residence Immediately af-
ter making his filing, but if he does
not establish residence at that time
he may offe1 his communication proof
at the end of fourteen months from
the time when his residence is actu-
ally established by him. This rule
is the one laid down by Commission
er Ballinger in his letter of October
IS, 1907, in which he has the following
to say:
accumulation proof offered under
a homestead entry made OH or after
November 1, 1907, will be rejected
unless it be shown thereby that the
entryman has, in good faith, actual
ly resided upon and cultivated the
land embraced in such entry for the
full period Of at least fourteen
months.
"Where such communication proof
is offered under al entry made prior
to November /, 1907, if it be salts
factorily shown thereby that the en-
tryman had, in good faith, establish
ed actual residence on the land
within SIX months from the date of
entry, he may be credited with con-
structive residence from date of en-
try; Provided, That it be also shown
that such residence was, in good
faith, maintained for such period as,
when added to the period Of con-
structive residence herein recognized,
equals the full period of fourteen
months residence required by the
homestead laws: and
III no case can communication proof
be accepted when it fails to show
that the required residence and cul-
tivation continued to the date Oh
which application for notice of in
tention to make such proof was
fled"
S1.25 PER ACRE
The next question is as to the min
imum price which is to be paid for
land purchased when communication
proof is made. This is $1.25 in this
vicinity. Commissioner bennett
says in his Suggestions to Home
steaders, approved April 10, 1909:
"All original, second and addition
al homesteads and adjoining farm
entries may be commuted, except
such entries as are made under par.
ticular laws which forbid their com.
mutation.
"When actual residence was es-
tablished within six months from
the date of any entry made before
November l., 1907, and thereafte r
continuously maintained with i'm
provements and cultivation until the
expiration of fourteen months from
the date Of entry and in cases where
there has been at least fourteen
months actual and continuous resi-
dence and cultivation on any land
covered by any entry made on vr af-
ter November l., 1907, the entrylnan
or his widow. heirs, or devisees may
obtain patent by proving such
residence and cultivation and paying
the cost OF such proof, the land Office
ices, and the price of the land, which
Is $l.2a per acre outside of the
limits OF railroad grants and $3.50
per acre for land within the gra nted
limits except as to certain lands
which were opened under statutes
requiring payment of price differ
ent from that here mentioned.
NOT APPLICABLE TO ENLARGED
OR ADDITIONAL ENTRIES
Obviously the next point to be con-
sidered is whether or not an entry
man under the Enlarged Home
stead Act" (February 10, 1909, CHI.
100, IS stat. l.. $500 may make COM
mutation proof. Section Five of
this act expressly forbids the COM
mutation of homesteads made under
the act. in thefollowing words, land