The Powder River County examiner and the Broadus independent. [volume] (Broadus, Mont.) 1919-1935, 1922-03-17


ministration Of our public land laws
have constantly tried to decide as to
whether this or that entryman has
complied with the laws or not. Some
cases show full compliance at arst
glance. and others show on the face
ot them that the entryman has failed
to comply with the law. while stin
others land there are many in this
Slass) are very doubtful ana hard to
decide. II the department were to in
sist in every case upon the entrymaa
showing full and complete compliance
with all the terms of the laws, it
would mean that many deserving en-
trymen would b. unable to ever OBJ
tain patents to their lands.
The old homestead law required the
entryman to reside Gu and cultivate
his entry for Ave years. A strict In
depreciation Of thisl aw would mean
that the entryman mus cultivate all
OF his entry for five years. and mus
live there continuously for FIVE years,
but the department did not insist upon
such strict compliance. Instead they
tried to determine whether the entry
man had cultivated enough Of the iand
to show his good faith. and had re-
show his &c cd faith.
This matter OF good faith is con-
tinual1y coming up in the land deci-
slons. Where 1t appears that the en-
tryman has failed to comply with the
law, but Ia able to show good faith
and an honest intention and honest ef-
fort to comply with the law. he is FREE
auently given the benefit Of the doubt;
while. it the evidence shows that he
has net acted in good faith. he viii
not receive any special favors from
the land department..
To illustrate what is meant we viii
take the case OF an entryuan who has
built his house a few rods off from
his land through an error in running
the lines OF survey, and has actually
lived en- land not included in his entry.
If he can show that this was an err
ror and that he was acting in good
faith and believed he was living an the
land entered. his residence will he
credited as though ne had actually
resided on the land. If. on the other
hand, two persons file on adjoining
land and build q house near the line.
both living in the one house. such res
idence would not he credited to the
person who was thus living off from
his land. for in this case he was not
acting in &C cd faith. but WAS trying to
defraud the government out OF the
land by failing to make it his nome.
The only difference in the two cases
is the measure Of good faith shown.
but that is sufficient to give one man
his patent while the thcr would have
his proof rejected.
An entryman has 4 right to sell his
land as soon as he makes proof hut
II he docs SO it tends to show lack of
good faith on his part, and II the proof
is found wanting IN any respect and
1t IL known that he sold the laud as
soon as he made proof, his proof may
be rejected: while. if he had shown
good faith Throughout, he might have
been given the benefit Of q doubt and
the proof allowed.
There are certain laws which are so
specific that the land department cam
not permit the entryman to evade
them, no matter how much good faith
is shown. One such is the require .l1or,t
of at least seven months of actual Co
;lence under tho three-year aome stead
law Before the passage Of this law
The land department had AUTHORITY 10
decide what constituted residence. aul
uHueT nat autHtttLS lntS q IOWe0 q
man claim residence. If his family
was on the land and it was his io,se.
even though he himself was seldom
there. but when congress put the word
actual" into thu law it robbed the
department of the authority to accept
such residence. and now the entryman
himself must actually reside Gu his
land during seven months Of each year
The reduction of cultivation is a
matter left entirely with the lan,l de-
partment. and in the application for
reduction the ,ntry,nan must tell AL
about his residence, improvements.
etc. in order that the department may
Judge OF his good faith before reliev-
ing him Of cultiyatins his land. The
granting OF Il second homestead entry
Is also a matter in which the depart
ment may use their discretion, and
before second entry will he allowed
the applicant must show that he has
acted in good faith, both with respect |
to his former enry and he relinuuish-
ing OF it. or the sale of improvements. !
Any suggestion IF fraud will cause hts !
application for second entry to be re- |
joectd