The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1915-11-19
HOMESTEAD LAW LEAVES
NO DOUBT IN PROVISIONS
Requirements for Settlement and
Acquisition of Government Land.
According to Present Code.

Law, University of Idaho.)
The provisions of the general home
stead law of 1862 are familiar, be-
cause it spans the life of most read
ers. With slight amendment, it stood
for fifty years to mark the decisive
step taken to provide homes for citi-
zens of the United States.
In 1912 that law was radically,
though not not fundamentally. amend
ed, the object being to facilitate the
securing of homes for naturalized per-
sons.
To qualify. as a homesteader. one
must be either a citizen of the United
States or have declared his intention
to become a citizen. He must be Fl
years of age, or the head of family.
This latter qualification does not nee
cessarily mean that the entryman
must be married; but if he supports
those whom he is morally, but not
legally, bound to support, he be-
comes the head of family within
the meaning of this requirement.
Ownership Limited to 100 Acres.
An entryman cannot own more
than 100 acres of land otherwise
acquired; if he does. he is disqualified
be made in the interest of any other
than the entryman. If before receiv-
ing his final certificate, the entryman
has agreed to sell any portion of the
homestead, except for right-of-way,
church, school or cemetery purposes,
his entry will be cancelled.
Under the homestead lay of 1862
no specific amount of residence or cul-
-. 10
ness of that fact, for the entryman
did not know what would be consider
ed sufficient by the changing admins
trations of the land department..
In order for any policy to perform
its best service, there must be stability
What would be sufficient residence or
cultivation as interpreted by one ad>
ministration would be insufficient in
a subsequent administration and un-
der different circumstances.
Three-Year Residence Provided.
To remedy this defect, Congress has
provided that residence must be con-
tinuous for three years, except that
the entryman may be allowed "a leave
of absence for FIVE months in each
year by filing notice when his leave
begins and terminates.
One-sixteenth of the area of the
homestead must be cultivated by the
beginning of the second year OF the
entry, and not less than one-eighth by
the third year and continued until
final proof is made. Final proof must
be offered within five years from the
date of the entry.
In addition to the homestead law,
public land may be acquired in sim
liar manner under what are known as
the adjoining, additional and enlarg-
ed homestead laws.
Communication Clause Important.
One of the principal features of the
homestead act is the Communication
clause. This permits the entrYman to
pay from ,$l.25 to $3.50 per acre for
his land, depending upon the distance
from a railroad. Residence for IA
months is prerequisite to committing.
Since June g. 1912, an entryman COM
muting his entry must be citizen OF
the United States.
To commute, an entryman must
have a habitable house on his claim
and must have cultivated one-sixteenth
of his acreage. Not all kinds of en-
tries are subject to Communication, but
all original, second. additional and
adjoining entries may be committed.
In the case of death of the entry
man, his widow, heir or devisee may
enter and complete his entry in the
same manner as if he were alive.
Law Requirements Definite.
The requirements of the present
law are definite, and the entryman
knows exactly what is necessary for
him to do in Order to comply with its
provisions. This is much better than
the indehniteness of the old law, in
terpreted according to the feelings of
the particular clerk who was respon-
sible for interpreting such acts.
The government is stricter now than
ever before. Special agents investi-
gate the validity of practically all
claims. Besides those employed in
each local land Office and those detail
ed to the field from the Commission
er's Office at Washington, the COM
missioner reports that there are l4S
men in the field service designated as
Special agents" with certain districts
to comb through and ascertain any
persons whose entries should not be
permitted.
System is Restraining Fraud.
In addition, the government survey
ors and employees of the Forest Serv-
ice also give information to the spe-
cial agents concerning claims coming
under their special notice. This sys-
tenn renders the preparation of fraud
less prevalent than formerly.
Every Western community has its
old homesteader, who has grown
wealthy because of the gift of Uncle
Sam. Since the passage of the general
homestead law in 1912 the government
has patented more than l47,O00OOO
acres under this act alone.
This means that more than 1000
600 citizens have acquired homes I'M
der the provisions of the homestead
law. And we have sufficient agricul-
tutal public land left to accommodate
more than twice the number who have