The Powder River County examiner and the Broadus independent. [volume] (Broadus, Mont.) 1919-1935, 1922-04-21
SNORT TALKS or HOMESTEAD MATTERS
By COLA w. SHEPARD, United States Commissioner
oATHs IN LAND MATTERS
TALK NO. 81
copyrighted 1921 by Cola w. Shep-
ard. Colony. Wyo.. ANA published In the
Powder River County Examiner thru
special arrongomont.y

copyrighted 1921 by Cola w. shep- |
ara. Colony. Wyo.. ANA pubfishsd In the
special arrangemsnt.S
Public land entrymen sometimes
wonder why they could not sign their
papers at home instead OF going to
the land office or before some U. s.
commissioner or clerk Of court to
sign them. There is a very good rea-
son why land papers shall be signed
before certain officers.
There Ia included in nearly all land
office papers SINE scrt of affidavit or
deposition which must be sworn to by
the party signing the papers. When
person applies to enter a piece of land
he first executes an application and
affidavit 1t is an application to inake
entry of the land together with an
affidavit as tc, the entryman's quail
fications and his intentions of comply
ing with the law and earning patent il
the entry be allowed. If an entryman
wishes to amend his entry he makes
an application to amend In which is
an affidavit setting forth the reasons
why amendment is necessary or de-
sired. If an entrymant wishes to be
relieved from cultivating his land ac-
ccrding to law he files an application
for reduction in the area of cutt!va-
ton, which contains an affidavit as to
the various conditions which make
such reduction necessary. If person
desires to contest another entry he
makes affidavit to the fact of the en-
tryman's noncompliance with the
law. When an entryman submits final
proof he gives in a deposition and
~ nxik <p foi
facts regarding his entry.
In most CT these cases the Land De-
partment does not make any independ-
ent investigation, but takes the sworl,
statements asp rowing the facts and
acs accordingly If there We're not
some safeguards many INSCRIPTIONS
personswould m axe false affidavits in
order tc' obtain the public alnds with
out complying with the requirements
of law. While many people have a
great regard for the sacredness of an
oath. and would not knowingly swear
to a falsehotd, there are others who
do not feel any such scruples and are
only prevented from swearing to false
hoods by the pain and penalties OF
perjury as imposed by our laws.
Oaths have been used since long be-
fore the birth Of Christ and are
known in all countries and among all
kinds of people. An oath is the call
ing upon the Supreme Power to pun
ish the swearer If the matter sworn
to be untrue. or If the oath be vic
lated. 1t depends largely upon the
idea that all people recognize some
divine power which has absolute
knowledge of all facts and can pun
ish at will. and while this belief is
quite universal. the possibility of be-
ing found out and punished by an un-
seen hand is not very real to some
people. and would not deter them
from swearing falsely if there wer.
sufficient incentive.
So to make an oath binding upon al
people, whether they believe in a SUI
preme Deity or net. congress enacted
certain laws regulating oaths as ap.
piled to federal business. stipulatine
who should administer the oaths and
what the penalties should be for per.
jury in such cases. Originally all oaths
in land office matters had to be tax.
en- before the register or receiver, bu,
later another law was enacted per.
hitting these oaths to be taken be.
fore United States commissioners
judges and clerks of courts. and stip-
ulatins that such oaths taken before
these officers should carry the same
penalties in cases of perjury if tax
en- before the register or receiver OF
a land office.
In cass of perjury 1t is necessary to
prove first that the defendant actually
took an oath in form that is run
ishable under the law. It is plain that
II the papers were to be signed at
home and not before the officer there
would be no punishable case of per-
Jury. so it is required that the of: Ger
shall place on each such paer GER
tificate under his official seal setting
forth that the affiant read the affida-
Wit in the presence of the officer and
signed and swcre to it before him.
giving the date and place where such
oath was administered.
Then to prevent any possibility of
irregularities congress passed a law
imposing very heavy punishment
upon any officer who shall falsely
certify to any oath or affidavit hav-
ing been sworn to- before him when
such paper was not in fact so sworn
to.
The land laws require that the
oaths In land cases shall be admins
tered according to certain laws so
that any cases of perjury may be pun
lshable and the Official duty of IT,
=. commissioners and others who ex-
ecute land papers is to see that the
oath is administered in such form as
to be binding under the penalties Of