Ashland tidings. [volume] (Ashland, Or.) 1876-1919, 1912-08-08
3-YEARHOMESTEADLAW
Secretary Of Interior Issues Instruc-
tions as to New Instrument
Settler Favored By Law.

Washington, d. C.-Following is a
synopsis of the instructions issued
by the secretary of the interior for
the administration of the new three
year homestead law:
Period of residence reduced from
five to three years, to count from
the time actual residence is estab-
lished. Proof must be submitted i
within five years of date of entry.
Cultivation of not less than one |
sixteenth, beginning with the second |
year, and not less than one-eighth, |
beginning with the third year and |
until final proof. Mere breaking is !
not sufficient; seed must be planted
in good faith. Grazing not accepted
except as to certain lands opened to
entry under special acts providing
therefor.
Secretary will not reduce the re-
quired area of cultivation because of
any physical or financial disabilities
of the entryman, but only where ex-
action of the statutory area is un-
reasonable on account of peculiar
conditions of soil; applications for
such reduction must be made during
first year on forms furnished by.
local land offices. These applica-
tions are passed upon by the commits
sioner, with right of approval to the
secretary.
Soldiers and sailors must reside on
entries one year before receiving
credit for service; must show cultiva-
ton of not less than one-eighth for
at least one year.
Entrymen cannot receive consider
alton from the commissioner of appIl-
cations to extend beyond the ordi-
nary period of six months, the period
allowed for establishment of resi-
dence, but the homesteader's right
will be adjudicated when the ques-
ton is raised. Homesteaders must
go upon the land as soon as hinder
ing cause is removed.
Absence for five months in each
year allowed, but continued resi-
dence as to the other seven must be
shown. Two five-month periods OF
absence, although in different years
of the entry, will not be allowed; six
months absence renders entry sub
ject to contest. Extended periods of
absence only respected in final proof
or contests, where notices of such alb
sence have been given, both at begin
ming and upon return. Former laws
as to absence not repealed.
When an entryman dies his widow
| or legal successor may make up the
| three-year period, residence not be-
ing required of the widow or other
heir, and only cultivation being nee
essary Proof of Noncompliance
made against the entryman before
his death will cancel the entry, how
ever.
! Unless an application to make
! proof under the old law is made on
or before October 4 1912, the entry
| becomes subject to the provisions of
! the new law; the required residence
/ is thus reduced to three years, but
/ specific cultivation requirements of
the new law must be shown. Proof
must be made within five years.
Any hardship resulting from this
is eliminated by the ruling that one
having an entry under the old law
may show cultivation of required
areas named in the new law for any
two successive years. Other hard
| pOSolDl6 W dl lS6
to elect are to be adjudicated by the
secretary of the interior and attorney
general.
Where the price of a tract is re-
quired to be paid, installments fall
ing beyond the period of residence
required by the new law, proof may
be submitted as in other cases, but
final certificate will not issue until
all installments are paid
Entries under section 6 of the en-
larged homestead Glands in Utah and
Idaho only law must still be culti-
waited as before-one-eighth the sec
ond and one-fourth the third, fourth
and fifth years, with seven years for
final limit of proof.
The new act applies to entries un-
der reclamations acts and to Kinkaid
entries in Nebraska, except as to cul-
tivation.
Persons having entries made be-
fore June 6, 1912, are warned that
it may not be to their advantage to
have their entries adjudicated under
the new law, and are urged to con-
slider the matter carefully. Desiring
to submit proof under the laws un-
der which their entries were made,
they must notify the local land office
by registered mail before October 4 +,
1912.