The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1917-02-07
LAWYER EXPLAINS ACT
Conditions Are Stated Upon
Which Applicant Takes
Enlarged Homestead.

Much confusion and misundcrstand-
ing has arisen in the minds Of would
be homesteaders under the enlarged
homestead" act passed by congress on
December 20. Thousands Of acres
have been listed in applications filed
during January in United States land
offices Of the northwestern states, sup
posed,y In accordance Win the pro-
visions Of the act Of December %. of
which many hundreds are not subject
TO designation
In this connection. an interesting
and valuable letter is that which At
day to one of his clients explaining
the requirements and restrictions of
the act Of congress of December >? ia
regard to stockraising homcstcads.
The facts stated in this letter by Mr..
Hershey are taken from two circulars
issued ut Washington, D. c., on Janu-
ary:7
Mr. Hershey says:
Tho lands subject to said act are
those the surface of which is. in the
opinion Of the secretary of the in
terror. chiefly valuable for grazing and
raising forage crops, and not suscepti-
bic to irrigation from any known
source Of water supply, and are of such
character that $40 acres are reasonably
required to support a family. The
classification will be made, so far as
practicable. so as to exclude lands that
are not chiefly valuable for grazing
and raising forage crops, either be-
cause too valuable for such use or too
poor for such use. Lands which are
capable of raising valuable crops OF
grain or other food cereal. or fruit, are
not subject to designation. being if
otherwise subject to entry, disposable
under the 160-acre or 320-acre home
stead law according to their character
Lands OF such arid or poor chara cter
that they are worthless or fit only for
occasional grazing in connection with
large areas of other land arc not sub
lect to designation and entey under
this act. No tract may be designated
which contains a water hole or other
body OF water. needed or used by the
public for watering purposes.
Qualifications Unchanged.
Any person qualified under the gen
eral laws to make homestead entry
may make a stockraising homestead
entry for not exceeding $40 acres
person who has perfected or has
pending, an entry or entries initiated
since August 80, 1890. under the
ucsert- land. timber-and- stone. or pre-
cmption laws for so acres in the ag-
gregatc Is disqualified from making
any kind of entry under this act. If
he made entries under said laws for
not more than $50 acres they do not
affect his right under this act. If he
has entered under the desert Land,
timber and-s stone or pre- emption laws
more than $50 acres but approximately
40 acres less than 32O acres. he is en-
titled to make an original or an ad-
ditional entry under this act: but the
tract entered hereunder (Which in no
case must exceed approximately $40
acres). together with the land entered
under the other laws mentioned. and
his prior uncancelcd homestead entry
Or entries. if any. must not aggregate
more than 800 acres. In other words.
a person who was qualified to make
an original Or an additional homestead
entry under other laws for as much as
approximately 40 acres can enter
hereunder such an amount Of land as
Will. with the area heretofore entered
under the homestead laws. not exceed
$40 acres, but the total of all entries