The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1912-08-02
DEPARTMENT ISSUES RULINGS UNDER
new THREE-YEAR HOMESTEAD LAW

Washington, D. C. - The Interior
department has just issued instruc-
tions for the enforcement Of the three
year homestead bill, which passed con
gress and was signed by the president
on June 6. These instructions will be
sent to the various local land Offices,
and will not only guide registers and
receivers in the carrying out Of the
law, but will be guide to homestead
err who come under the law. Already,
the department has forwarded to every
homestead entryman copy Of the act
OF June 6, 1912, and instructions will
be available ct local land offices for
those who desire further enlighten-
meht- The instructions are explained
in the following synopsis prepared by
the commissioner Of the general land
Office:
1. The period of residence is re-
duced from five years to three, the
credit to begin, however, from the
establishment of actual residence upon
the land: proof must be submitted
within five years from the date of en-
try.
2. Cultivation for three years,
counting from the date of entry, is re-
quired, including actual cultivation Of
not less than one sixteenth Of the area
beginning with the second year and
not less than one-eighth beginning
with the third year and until final
proof. Tillage Of the soil is required;
a mere breaking of the soil is not
sufficient, but this must be accom-
panied by planting or sowing seed.
Grazing is not accepted, except with
respect to certain lands opened to en-
try under special acts providing there
for.s Except as to certain lands in
Idaho and Utah hereafter mentioned,
the cultivation required is the same on
entries under the enlarged homestead
acts as on ordinary entries; that is,
the cultivation Of the former (hereto-
fore required) as reduced by half.
8. The secretary of the interior is
authorized to reduce the required area
OF cultivation; this will not be done
on account of the physical or financial
disabilities or misfortunes of the en-
trymen, but only where exaction of
cultivation to the statutory proportion
is unreasonable under the peculiar
conditions governing the lands. The
entryman must make application for
the reduction during the first year of
his entry. Forms will be furnished
for that purpose. These applications
are primarily passed upon by the gen.
eral land office, but the ultimate de-
cision thereon rests with the secretary
of the interior.
4. After residence upon the lands
for one year, soldiers and sailors who
served in time Of war may have credit
for the period of their service. They
must, however, show cultivation of
not less than one-eighth Of the area
for at least one year.
s. The general land office is au-
thorized to extend for not more than
six months allowed for establishment
of residence, on account of climatic
conditions, sickness or other unavoid-
able cause. Applications for this re-
lief will not be considered in advance,
but the homesteader's rights will be
adjudicated when the question is
raised. The homesteader is required
to 60 upon the land when the hinder
ing cause is removed.
6. The entryman may absent him
self for one continuous period of not
more than five months in each year
following establishment Of his resi-
dence, but he must show bona fide con-
tinuos residence during remaining por-
tions of the three-year period. Two
FIVE months periods Of absence imme-
diately succeeding each other, though
in different years Of entry, will not be
allowed; six months absence renders
the entry subject to contest. More
over, in considering either final proof
or contests, extended periods of alb
sence are respected only where notice
has been given to the local land office
of the beginning Of the intended alb
sence and also notice Of the home
steader's return. The acts allowing
leave of absence to be granted by the
local officers have not been repealed.
Z. The privilege of Communication
(where it heretofore existed) is not
affected by the new act, except that
the entrymran must be citizen OF
the United States, and the old prac-