The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-29
LEAVE OF ABSENCE
FACTS BY HANNA
FARGO CONGRESSMAN GAVE OUT
MUCH soUGHT-AFTER lNFoR-
NATION REGARDING HOME
sTEA0ERs' LEAVE or ABSENCE
WHICH MANY WANT TO KNOW.


Several days ago Congressman
Hanna and Receiver Jordan Of the
United States landoffice received a
number Of urgent communications
from certain homesteaders In search
of information regarding leave of alb
sence privileges. Mr.. Jordan took the
matter up with Mr.. Hanna, and the
congressman in turn procured advice
directly from the law department Of
the government landoflce at Wash
| ington.
Yesterday, before his departure for
the east Mr.. Hanna received word
| from the landoffice law department
and, though he was thoroughly con-
versant with the provisions OF the act,
as ne helped frame 1t, he wanted the
Interpretation given 1t there, which he
In turn is supplying all inquirers who
have applied to him about the matter.
MIR. Hanna's Statement.
There have peen a good many in
qufries sent to me-" said Mr.. Hanna
TO a Forum representative yesterday
AFTERNOON, asking as to the act passed
by congress and approved Aug. 1e.
1911, which grants leave OF absence
to certain homesteaders. This act APP
plies in our state to the land districts
of Dickinson, Minot, Williston, Devils
Lake and Bismarck, and reads prac-
ttcally 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-
heved from the necessity of residence |
and cultivation upon their lands from
the date OF the approval of this act.
(Which was Aug. 10, 1910, to Apr. 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.
Il took this matter up with the gem
eral landoffice to find out exactly how
they would interpret the law and they
reply to me under date of Sept. Is,
1911, as follows:
Hon. L. B. Hanna, Fargo, N. D.
Dear Mr.. Hanna: Replying to your
letter of Sept 10, 1911. you are ad-
Vised that the construction placed
upon the act of congress approved Aug.
10, 1911, allowing leave Of absence to
certain homesteaders, has been sub
as follows:
This office has held that the act
applies in all cases where entry was
made prior to the date of the approval
If the act. irrespective of whether res
dence was established, but that the
line of actual absence during the per-
cd set out in the act would have to
De made up by the entryman before
le would be entitled to submit salts
actory proof. However, where the six
months period within which residence
must be established had expired prior
o the date of the approval of the act.
Ind the entryman takes advantage of
he leave granted by the act without
irst establishing residence and his
intry be contested for failure to estab-
ish residence, the act could not be
pleaded as a good defense In bar
hereof.
TN view of the foregoing. the con-
truction placed upon the act by this :
flee appears to be the same as the
obstruction set out in the pamphlet
nclosed with your letter which is re- t
" 4
(Signed) John McPhail.
Acting Assistant Commissioner. q
In short speech which I made on
he floor Of the house in congress-, Aug.
l, 1911, and which the commissioner 7
efers to In the latter clause of his b
stter to me, I made the following Il
t
This bill provides that 1t shall APP
ly to all persons who have heretofore T
lade homestead entries. This means o
nat the people who have already made T
heir homestead entries and are living 9
pom their lands are entitled to the Il
enefits Of this proposed law. 1t also
pplies to those people who have ini 9
ated or have flled upon land and who :
nder the law have six months from q
me Of fling In which to establish o
leir residence. They are given addi- Y
onal time to establish their residence =
ntil Apr is. 1912" OF
| y