The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1917-10-19
HOMESTEADERS IN SERVICE
TO BE GIVEN PROTECTION


]. T. Carruth, register and receiv-
er of the Blackfoot land office, is in
receipt of instruction from the gen.
eral land office relating to military
service of homesteaders with refer
ence to the recent act of congress
providing for the protection Of their
interests while in the service of the
country. The act was passed with
view to make impossible the loss
of land by homesteader because of
his enlistment in the army or navy
of the United States during the per-
iod of the war.
1t is provided in the act that any
settler upon any public land in the
United States or any entryman
whose application has been allowed
or any person who has made appli-
cation for public land which there
after may be allowed under the
homestead laws, who enlists in the
military or naval service of the coun-
try, shall have his service construed
to be equivalent to residence and
cultivation for the same length Of
time upon the tract entered or set
in the future no contest shall be in
itiated upon the ground of abandon
ment, nor allegation of abandonment
sustained, unless it shall be alleged
in the preliminary affidavit and prov
ed at the hearing that absence from
the land was not due to employment
in military or naval service.
If any entrymen or settler dies
while in the service of the army or
the navy, his widow, If unmarried,
or in case of her death or marriage,
his minor orphan children, may pro-
coed forthwith to make final proof
and shall be entitled to receive gov
eminent patent for the land. The
death of soldier, in such case, shall
be construed to be equivalent to a
performance of all requirements as
to residence and cultivation.
Provision is made in the act that
in case of discharge because of
wounds received and disability incur
red in line of duty, then the term
of enlistment shall be deducted from
the required length of residence, pro-
vided, however, that no patent shall
issue to any homesteader who has
not resided upon, improved and Gull
tivated his land for a period Of at
least one year. The discharged
soldier, for wounds or disability, is
given credit for the entire period of
his enlistment, without regard to the
actual period of service.
If the soldier has not made entry
for the land claimed, dies while in
service, then the right to make entry
and submit final proof accrues to the
parties indicated at once.
Enlarged Homesteads
The benefits of the act are con-
ferred upon any person who, before
going into the service. had actually
made homestead entry, had affect
ed and maintained a valid settlement
upon a tract properly subject to en-
try by him, or had filed an allowable
application for land. This last in
cludes one who has filed a petition
for designation under the enlarged
homestead act or the ,stockraising
homestead law.
While the law protects all entry
men engaged in military service
from contests against their entries
on the ground Of abandonment and
it is not obligatory upon them to in
form the land department as to their
reasons for leaving their claims, it
is advisable that each shall notify
the local United States land office Of
the facts.