Weekly journal-miner., 1917-10-31
INSTRUCTIONS GIVEN l. ANENT HOMESTEADERS
 IN MILITARY SERVICE
Rights of Widow.

vice of the United States, his widow,
 II unmarried, may at once submit proof on his entry, if one has been
 made: if there is no widow, or she has
 remarried, his minor children may,
 through their guardian, thus submit
 the proof; and if he leaves no widow, or the widow has remarried, and if all of his children. if any there be, are not minors. then proof may be sub
 mitted by his heirs in general or by his deviseeS, as the case may be.
 In the event the soldier had not made entry for the last claimed, then the right to make entry therefor ana submit proof accrues to the parties in dicated at once or as soon as the land l becomes subject to entry. In such proof # ll\be necessary only to prove the identity of the entryman, settler. or applicant with the soldier; | that he died while actually engaged in the service, and that the person or | persons submitting proof bear to him one of the relations mentioned When the claim IS based on settlement only, i the facts with respect thereto must be | shown: otherwise the manner and method of submitting final proof will follow the usual practice. 6. Neither this act nor any other legislation contains provision by which person who initiates home stead claim. by filing application or by making settlement on public land, after entering the army, navy or ma rIne corps, or other organization in the present war, may obtain credit in connection herewith on account of his service.
 /. No application hereafter filed to contest a homestead entry on the ground of abandonment will be al- lowed by you unless there is an alle- gation therein that the entryman's all legged absence from the land was not due to his employment in the army navy or marine corps, or other organi- zatiOn described in the act. No alle- gation of abandonment will be sus- tained against homestead settler in connection with a contest initiated after April 6, 1917, unless 1t has been proved at the hearing, if one be had, that the cntryman's alleged absence from the land was not due to his em- ployTncnt in military or naval service as indicated.
 Notice to Land Department of
 Entering Military Service.
 8. While the law thus protects en> trymen engaged in the military ser vice from contests against their en- tries on the ground of abandonment and 1t Is not obligatory upon them to advise the land department as to their reasons for leaving their claims, 1t IS advisable that each shall notify the local United States land office of the facts in that regard.
 9. The cntryman, ii dcsirous of submitting proof, may give his own testimony before any officer authoriz- cd 10 administer oaths and having an official seal at the place where he is then stationed, but the testimony of the witness must be taken within the proper county or land district and publication and posting of notice must be duly made. It Is not obligatory 1pon the homestcader thus to submi, Inc proof, though the period given bt aw for its submission be about to cX- Dirc: Inc will be allowed a reasonable imc after his discharge for that pur- ,oSc.'
 Settler On Unsurveyed Land
 Notice of Enlistment.
 10. Following the practice under he provisions of the act of July }. 9l6 (39 Stat. 34D. any qualified per on who in good faith makes settle nent upon and improves unsurveyed, nrescrved, unappropriated public and of the United States with intcn- ion 10 enter 1t under the homestead avs after survey thereof, who has lainly marked on the ground the ex- crior boundaries of the tract claimed " him, and who, as a soldier, be- omes entitled to the benefits of the ct of July 2S. 1917, may file at the. peal United States land ottlce a mo- ice of his enlistment and that he laims the benefits of that act. \ act Is regarded as uusurveyed with i the meaning of the homestead laws ntil a survey has been accepted and lc plat thereof filed.
 II. You will give the current serial umbcrs 10 such notices, make due cord of them on your serial number .gistcrs. with a plain notation at the ,p of the page that no entry has ren made. and will forward the mo- ces with your monthly returns. You i'll also make note oi such papers on ,ur tract books where the descrlp- on of the land is given therein by .ctiou. township, range, and legal IbdiviSions.
 l2. These instructions do not st'- ,rscdc those of September 2, l9l6 -ircrlar 500. 45 l.. D., 1881, relating
 special privileges accorded home cad settlers on account of military rvicc rendered in connection with ,cra,iors in Mexico or along the order thereof or in mobilization mps elsewhere.
 CLAY TALLMAN,
 Commissioner.