The Grangeville globe. [volume] (Grangeville, Idaho) 1907-1922, 1912-08-01

has been accepted as the equlva-
lent of cultivation, where the
lands were valuable only for
grazing purposes. This can not
be justified under any known
definition of cultivation, al
though some special legislation
with reference to lands formerly
within Indian reservations seems
to require such a construction
with respect to these particular
lands. Under this special legis-
lation lands formerly WITHIN GER
tain Indian reservations have
been first specifically classific d
as grazing lands, and then spe-
officially opened to entry under
the homestead law. 1t would be
impossible to administer these
special laws unless grazing is ac-
cepted as a compliance herewith,
where it can be shown that the
lands are in fact not capable of
cultivation. The classification,
however, was general, and where
the general area was grazing in
character it was so classified,
even where it embraced local
areas susceptible of cultivation.
Where such lands are in fact ply
sically and climatically suscepti-
BILE of tillage, the cultivation pro-
visions of the new homestead law
must be applied. By that law it
is required that the claimant "cul-
tivate not less than one-sixteenth
of the area of his entry, begin
ming with the second year of the
entry, and not less than one
eighth beginning with the third
year of the entry, and until final
proof, except that in the case of
entries under section 6 Of the en-
larged-homestead laws, double
the area of cultivation herein pro.
vided shall be required, but the
secretary may, upon a satisfaction.
showing, under rules and regula-
tions prescribed by him, reduce
the required area of cultivation. +"
(4) The enlarged homestead
acts here referred TO (35 Stat,
639), (36 Stat, 531), authorize
entries of 800 acres of lands des-
ignated for this purpose by the
secretary of the interior, and re-
quires proof THAT at least one
eighth of the area embraced in
the entry was continuously cult
waited to agricultural crops, other
than native grasses, beginning
with the second year of the entry
and that at least one-fourth of
the area embraced in the entry
was so continuously cultivated be
ginning with tire third year of
the entry" The residence pro-
visions of the homestead law (and
now of the new act) were appli-
cable to these entries, with an
exception relating to certain
lands in the states of Utah and
Idaho, with respect to which the
requirement of residence is omit
ted, and in lieu thereof the en-
tryman is required to cultivate
twice the area required under
the general provisions of the act.
The enlarged homestead acts were
intended to apply generally to
lands suitable for cultivation on
ly under dry-farming methods,
and under these methods it is
.customary to summer fallow a
portion of the land one year,
planting it the following year.
Under the new law such summer
fallowing can not be accepted as
the equivalent of cultivation, and
this was equally true of the old
laws, which required the land to
be cultivated to agricultural
crops other than native grasses.
The new law, however, does re-
duce the required area of cultiva-
tion to not less than one-sixteenth
during the second year OF the
entry, and not less than one
eighth during the third year of
the entry, and until final proof,
except that in the case of en-
tries under section 6 of the en-
larged homestead laws, where
residence is not required, one
eighth of the area of the entry
must be cultivated during the
second year, and one-quarter be-
ginning with the third year of
the entry. and until final proof.