The Powder River County examiner and the Broadus independent. [volume] (Broadus, Mont.) 1919-1935, 1922-06-23

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lcopyrishtsd 1874 b. Cola ". shep
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eDoojal arrangomonGJ
If It were possible to survey tn.
public land n such = manner thai
each subdivision would contain exact
" forty acres then It would be posi-
BILE to make each Homestead entry con.
tain just 100 acres. so acres, or 64l
acres, a. the case might be. but onl,
part Ct the legal subdivisions of thu
public land surveys contAin exactl,
forty acres each, the other subljvi.
stons are called "lots'' and contain
either more or less than forty acres
When one or more CT these lots Il
included in homestead entry the
area Of the whole entry 10 either more
or less than that allowed by law
II 1t be less than the amount allowed
there is a small reduction In the fees
charged by the land cffice upon the
amount allowed by law the amount by
which 1t runs over 10 called "excess
area" and the entryman 10 compel ed
to pay $1.2s per acre for all excess
area included in his entry.
When congress enacted the various
homestead laws nc provision was
made by the lawmakers for the dis
posal Of these odd sise subdivisions,
and II the land department had con-
strued the laws strictly no homestead
entry could be allowed which con-
tained any excess area, but instead,
whenever an entry contained lots of
more or less than forty acres. the
entry would have to be short, as the
law does not authorize the entry of
more than 100 acres. $50 acres, or $40
acres. But the land departent is
given q certain amount Of authority
In administering the land laws and
many years ago when this question
came up it was considered that the
Just and equitable manner of handling
these cases would be to make the en-
try as near as possible under the cir
cumstances to the maximum acreage
allowed by law. and this rule il known
as the "rule Of approximation" Under
this rule an entry may contain more
land than the maximum specified in
the law providing the excess is not
greater than the deficiency would be
IT the smallest legal subdivision were
dropped.
At the time this rule was adopted
the land department was authorized to
sell the public lands, at q price CT
~
where an entry embraced more than
the maximum allowed by law the land
department had the authority to sell
to the entryman for the regular price
of $1.25 per acre all land over that
which the law authorised him to en-
ter.
After this rule had been in force
for many years congress enacted the
enlarged homestead law. providing
for additional entries which together
with the area Of the original entry
should not exceed in the aggregate $40
acres. Under this law cases arose in
which the original entry had con-
tanned more than 100 acres and the
excess area had been paid for by the
entryman. and III taking 100 acres az
an additional entry the total area ex.
ceeded $50 acres. ana therefore the
additional entry was held to contain
an excess yer that allowed by the
law. and the entrymah was required to
make payment at the rate of $1.2S per
acres for the total acreage by which
his combined entries exceeded $50
acres.
After the stock-raislng homeste cad
-
cases arose. Some CT them. under this
for the excess contained in the orig
tnal entry. for the combined area Of
the original and the additional entry
under the enlarged homestead law ex.
ceeded $40 acres. and required a sec.
ond payment fer the excess. and like
wise the combined area Of the first
two entries and the stock-raising adj
dittonal entry exceeded $40 acres and
third payment was therefore re-
quired.
After more carefully considering
this rule the land depat tment has de-
cided that to require second and
third payment for the same land is an
injustice to- the entryman. and under
instructions recently issued this rule
IL modified SO that an entryman need
not now make a second payment on
account of excess area which he has
already paidf or in connection with
his original or first additional entry
Since the new rule has been adopt
ed 1t would seem that those who have
made this double payment for excess
area would be entitled to a repayment
Of the amount paid a second time. and
while the amounts in each individual
case are small. the aggregate ame unit
which may be repaid to entrymeu
over the public land states is quite
a tidy sum. As the money has been
covered into the U. 8. treasury for.
may application for repayment Is re.
quired.
SUPERINTENDENT OF BANKS
OPTIMIsTIC OVER PROsPECTa
Montana bankers were never more
optimistic than now, but that optimism