Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1914-10-24


Land Office, Washington, September 26.
1914.
Registers and Receivers,
United States Land Offices.
Sirs: Yours attention is directed to
the act of Congress, approved Septem-
Der 5, 1914 Public, No. l94), entitled,
can act providing for second home
stead and desert-land entries" copy of
which is hereto appended. Said act
governs the disposition of every appli-
cation for second homestead or desert
land entry, where the applicant, at any
time before filing same, had made an
entry, or entries, of the same character,
but failed to perfect same.
2. The question whether the first en-.
try, or entries, were made before or after
the passage of the act is entirely i'm
material Moreover, it will be seen that
the act imposes upon the land depart
ment the duty of passing upon the good
faith of the applicant, there being no
hard and fast provision, as the act of
February 3, 1911, limiting its benefits to
a clearly defined class of persons. In
order that there may be uniformity OF
rulings thereon. no applications will be
allowed by the local officers on their
own initiative, but all will be forwarded
to the General Land Office for considera-
tion.
g. In order that the General Land
Office may properly pass upon the right
of an applicant for second entry, he
must (besides filing in the proper local
office an application to enter specific
trac) furnish his affidayit showing the
following facts:
(a) Data from which his first entry
(or entries) may be identified, prefer
ably its series and number, as well as a
description of the tract by section, town
ship and range.
| (b) What examination of the land
and what inquiries as to its character
he made prior to filing his previous ap
plication Tor applications) for entry and,
in case of desert land entries, what rea-
son he had to believe that the required
proportion of the tract could be reclaim
ed by him through irrigation.
(c) With reference to homestead
entry. whether he established residence
upon the tract, and, if so, how long he
| lived there and what cultivation he ef
fected; as to a desert-land entry, whether
he took possession of the tract, and, if
so, how long he continued to exercise
acts of ownership thereover.
(d) What improvements, if any, he
made upon the land, describing in de-
tail their nature and cost.
(e) The date of his abandonment of
the claim and the reason therefore and
whether he ever executed relinquish-
ment of the entity.
f) What consideration, if any, he
received for abandoning or relinquish-
ing the entry; also whether he sold the
improvements on the tract, giving full
details as to said sale. if any, including
the date thereof and the consideration
received.
4. This affidavit must be executed
before an officer authorized to admins
ter oaths in homestead cases; that is the
register or receiver of the district where
the land is situated, or a United States
com missioner, or judge or clerk Of a
| e IL IA in ;otr ~
within the county in which the tract
| lies. Its statements must be corro bor-
ated on all matters susceptible OF cor
roboration by at least one witness hav-
ing knowledge of the facts, or there may
be several witnesses. each testifying to
some material point, attidavits of wit.
nesses may be executed before any Off
Ger authorized to administer oaths and
having an official seal. Appropriate
blank forms will be furnished in the
near future.
| 5. If the affidavit of the claimant be
not properly executed or be not cor
roborated by at least one witness, or if
both do not appear to bear upon all the
points above mentioned, you will call
upon the applicant for supplemental
evidence or for re-execution of the affi-
davit, as the case may be. After SER
vice of notice of your requirements and
the lapse of the proper period, you will
forward the application, together with
such supplemental papers as may be
filed.
6. You will be careful to note on
your records the date and hour of the
& nd in trn
mitting the same to this Office make full
report and recommendation.
Very respectfully,
CLAY TALLMAN. Commissioner.
Approved: ANDRIEUs A. JONES,
First Assistant Secretary.
! public, No. 1914.
An Act Providing for second home
stead and desert-land entries.
Be it enacted by the Senate and House
of Representatives of the United States
of America in Congress assembled, That
any person otherwise duly qualified to
make entry or entries of public lands
under the homestead or desert-lanC
laws, who has heretofore made or ma,
hereafter make entry under said laws
and who, through no fault of his own
may have lost, forfeited, or abandoned
the same, or who may hereafter lose
forfeit, or abandon same, shall be en-
titled to the benefits of the homestead
or desert land laws as though such for
mer entry or entries had never beer
made: Provided. that such applicant
J, shall show to the satisfaction of the Sc
cretary Of the Interior that the prioI
entry or entries were made in gooc
faith, we're lost. forfeited, or ahand"ne'
because of matters beyond control, al,