The daily Alaskan., 1921-12-01
HOMESTEAD APPLICATION
in the matter of


 entrywoman was on her land con- tinuousIy for s months during the first year u9I5I9l6), and z months during the second year G9l6Igl7). and there is no satis- factory evidence to show that she was not on her land months the third year
 The reason eUtrywOman d,d not remain continuously on the land ' months each year was because the land did not afford living and she was obliged. to make support for herself and family. to work else where. The presumption is that said entrywomau made entry in good faith for a home and there is no evidence in the case to impeach that presumption and no evidence from which a sufficiently strong tn- ference of bad faith may be infer red: and there is no ground therc- fore. for concluding that the entry was made for any other purpose than for bona fde home. Your decision Duncan Land Office Deci- sionI is predicated on the evidence showing that enJrywoman herself m her own proper person was not pres enl on ghe land for a period of as much as months each year for three wears. notwithstanding the fac, that her family lived cOntnu- ousiy there for the requisite length ar tune. -......... The depart mcnt has uniformly held that where a homestead eutryman has in good faith duly established residence on the land embraced in his entry, hls subsequent absenceS theretrom for cause sufficient to excuse the same. will not defeat submission by him of acceptable final proof; provided { appears that during the whole period of such absence, his family has remained on the land and con uuued in occupation thereof as home and place of residence; the presumption being that WHERE A MANS FAMILY RESIDES. THERE ALSO HE RESIDES.
 Under the old swear law, in cases where communication proof was sub miucd. fn view of the brief period of time which res dence was reQuir- ed ,o be made, a greater degree of sulcmess was insisted CT by the Department in the examination Of such proofs with respect to the con uuuiJy of residence than in straight aye-year proofs. and many of the decisions of the Department held in communication cases. that residence must be substantially actual and per sonaL
 An examination of these cases, however. discIoses that the terms
 actual" and personal residence, used in said decisions, were not in tended 10 bear a sense oI eXclud- ing the idea of family residence, but on the contrary were employed to preclude and deny any claim Of resi- deuca based upon representation, as for instance. by a tenant or by persons not constituting en- trymau's own immediate family and whose domicil is not by law presum- ed to be the eDtryman's domlcil. It is clear that the terms actual" and personal" as used in these deci- stons were intended to mean nothing more than that a homestead entry man may not in accumulation proof, under the fye-year law, rely upon constructive residence as opposed to actual occupation; or upon residence by any representative other than such a representation as is afforded by his own familT. his wife and children. No case is found where the Department has construed the term actual" in a sense to exclude the idea of family residence, and no case is found in which the Depart meut failed to apply and enforce the rule that where an entryman has established his residence upon a tract Of public land. his home will continue to be on that land as long as his family resides there. CNef. ? ID S2. 8 LD q, 2 ID 35. s ID 6I5. 42 ID 5lO).
 Therefore. for the reasons stated, your decision lJuneau Land OBce decfsion) is hereby reversed, and said proceedings dismissed; and you will, in the absence Of any valid objection appearing on your records, issue final certificate.
 Signed by:
 Commissioner Of Land Office,