The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1914-02-20
LAW POINTS FROM
SECRETARY OF
THE INTERIOR
IMPORTANT DECISIONS HANDED
DOWN BY THE INTERIOR
DEPARTMENT DURING
DECEMBER AND
JANUARY
HOneSteads

Actual residence, used in the stat
ute, precludes the allowance of so
called constructive residence other
than that specifically provided for in
the statute.
This applies to homestead entry
man, who has established residence
upon his claim and thereafter is cleo
ted to federal state or county office
and whose duties require him to be
absent.
Residence upon the land may be
excused when the winters are severe
and snow falls to such dpth that
nothing can be done upon the land
either by cultivation, improving or
keeping stock there. Under such con-
ditions, removal to a lower altitude
will be excused.
The homestead act requires resi-
dence and the making of home as
a condition to obtaining title under
the homestead laws. Improvements
and cultivation without residence do
not comply with the law.
A prior indian selection is in the
nature of a prior settlement claim.
When homestead claim is in con-
flict with prior settlement claim and
the prior settlement be abandoned
before the rejection of the subsequent
claim, the objection is removed and
the subsequent application or claim
attaches and may stand.
While cultivation is necessary to
show good faith on the part of the
homesteader, the cultivation thereof
necessary to demonstrate good faith
depends upon circumstances.
The mere act of marriage is no bar
to completion of a homestead entry
made by an unmarried woman. 1t is
only in cases where the entry-woman
is in default. whether by reason of
marriage or otherwise, that contest
will lie; when marriage does not
cause failure to perfom the duties
with reference to homestead entry,
the entry cannot be successfully at
tackled upon that ground.
Under the maxim De Minimis non
Curet Lex, the ownership of less than
one acre in excess of 100 acres, VIII
not be held a disqualification to make
homestead entry. Case of Corli VS..
Berg (40 L. D. 259). Overruled.
When application is made for land
subject to appropriation by a party
qualified to make entry therefore and
the only objection to it's allowance is
some informality in the execution of
the application or the form in which
the fees are rendered the applicant is
entitled, as matter of right, to a
reasonable opportunity to amend his
application or to tender the fees and
commissions, in cash, currency, or
postal money order, as required by
the regulations.
When tracts in a homestead entry
have been left non contiguous by rea-
son of the elimination of portion of
the entry for good cause, patent may
issue for the remaining portion upon
confirmation by the board of equit-
able adjudication. This rule partic-
ularly applies to timber entry, when
no occupancy or cultivation of the
land is required.
Final Proof
The leave of absence permitted I'M
der the act of June 9Th, 1918, of five
months each year, is upon the condi-
tion that the entryman actually re-
side upon the land during the re-
mainder of each year and that it shall
be continuous for period of not less
than three years.
This does not mean that he may
not be absent temporarily for brief
periods, for good and sufficient rea-
sons, such as obtaining supplies, mar
keting crops, etc., but does contem-
plate that the absences must be of
such brief duration and infrequent
occurrence as not to interrupt the
substantial continuity.
Desert Lands
When a settler upon unsurveyed
land dies prior to survey, having re-
sided upon and cultivated the land
claimed, for five years, his widow or
heirs are entitled to complete the
claim by the making of entry and
submission of proof.
A settlement upon unsurveyed
land prior to second form withdrawal,
reclamation act, confers upon the
settler the right to perfect his claim
by entry and proof, to the full 100
acres claimed.
Tilling of the land or other appro-
pirate treatment for the purpose of
conserving the moisture with the view
of making a profitable crop the sue
ceeding year will be deemed cultiva-