Clearwater Republican. [volume] (Orofino, Idaho) 1912-1922, 1912-08-01
Interior. DEPARTMENT HAS
JUST ISSUED THESE
REGULATIONS.
Privilege Of Communication Is Not
Affected Except That Entryman Must
Be Citizen Of U. S., Not Merely a
Declaration Of Intentim-Specific
Cultivation Must Be Shown.

sued the new rules and regulations
under which the Borah homestead bill,
providing for but three years resi-
dence on claims, will be exercised. The
office has forwarded to every entryman
copy of the act, which was passed
June 6, 1912, and will post the instruc-
tons.
The full set of rulings follows:
-. The period of residence is re-
duced from five years to three, the
credit to begin, however, from the es-
Enlistment Of actual residence upon the
land; proof must be submitted within
five years from the date of entry.
so. Cultivation for three years,
counting from date Of entry, is required,
including actual cultivation of not less
than one-sixteenth of the area begin
ming with the second year and not less
than one-eighth beginning with the
third year and until final proof. Till
age Of the soil is required; a mere
breaking Of the soil is not sufficient,
but this must be accompanied by plant
ing or sowing Of seed. Grazing is not
accepted, except with respect to certain
lands opened to entry under special acts
providing therefor. Except as to GER
tain lands in Idaho and Utah hereafter
mentioned, the cultivation required is
the same on entries under the enlarged
acts as on ordinary entries; that is, the
cultivation of the former heretofore
required) is reduced by half.
Reduce Area.
"3. 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 dis
abilities or misfortunes Of the entry
men, but only where exaction of cult
walton to the statutory proportion is
unreasonable under the peculiar condi
tions governing the lands. The entry
man must make application for the re-
duction during the first year of his
entry. Forms will be furnished for that
purpose. These applications are pri-
marily passed upon by the general land
office, but the ultimate decision thereon
rests with the secretary of the interior.
"a. After residence upon the land
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.
Extend the Time.
"5. The general land Office is au-
thorized to extend for not more than
six months the ordinary period of six
months allowed for the establishment
of residence, on account of climatic con-
ditions, sickness or other unavoidable
cause Applications for this relief will
not be considered in advance, but the
homesteader IS rights will be adjudicated
when the question is raised. The home
steader is required to go upon the land
when the hindering cause is removed.
sc. The entryman may absent him
self for one continuous period of not
more than five months in each year fol
lowing establishment of his residence,
but he must show bona fde continuous
residence during the remaining portions
of the three-year period. Two FIVE
periods of absence Immediately
each other, though in differ.
ent years Of entry, will not be allowed;
six months absence renders the entry
subject to contest. Moreover, in consid-
ering either final proof or contests, ex-
tended periods of absence are respected
only where notice has been given to the
local land office Of the beginning of the
absence and also notice Of the
homesteader' return. The acts allow
ing leave of absence to be granted by
the local land officers have not been
repealed.
Is Not Affected.
81. The privilege of commutatio
(where it heretofore existed) is not af-
fected by the new act, except that the
entryman must be citizen of the
United States, and the old practice un-
der which Communication was allowed by
persons who had merely declared their
intention Of becoming citizens is now
abrogated as to all entries.
uS. Where homestead entryman
dies, his widow or other statutory sue
cessors may make up the three-year
period by adding together the period
during which the entryman complied
with the law and the period during
which they cultivated the land, resi-
dence not being required of them. How
ever, if the entryman himself has not
with the law in all respects
before his death, the entry is forfeited
by his default, and, upon proper proof,
the entry will be cancelled.
80. Unless homestead claimant
files an election on or before October 4,
1912, to make proof thereafter under (
The old law, the entry is subject to the
provisions of the three.year law of June
5, 1912. The required residence is thus !
reduced from five to three years, but
The specific cultivation provided by the
act must be shown. Moreover, proof I