The Powder River County examiner and the Broadus independent. [volume] (Broadus, Mont.) 1919-1935, 1922-03-24
3DooI TALKS o. HOMESTEAD MATTERS
By COLAw SHEPARD United States Commissioner
. CONDITIONS PRECEDENT TO ENTRY
500. TALKyNO. AZ

lCop5s3glited 1891 BY Cola ". shep-
ard. cee1Ay. Wye. ana published in the
Powder HaNoeS County Examlner thru
special arrSS1ementi
When our government decided that 1t
would be better policy to- give the
public lands to people who would actu-
ally settle upon the land, and reside
upon and improve it, rather than sell
It for profit, the lawmakers set about
the framing of such legislation as
would get the public lands into the
hands OF actual settlers and not into
the hands Of spectators. for at that
time the NEST fertile and valuable
lands in the United States were owned
by the government and it was natural
to expect that INSCRIPTIONS people
would try to obtain these lands with
out making any effort to settle and
develop them, SO congress enacted the
law that later became Section 22S9 OF
the Revised Statutes. setting forth the.
classes Of people who might take up
land under the homestead law. This
law dates back to May 20, 1862. al
though it has been amended since
then. 1t has remained in its present
form since 1891.
The first idea of the lawmakers was
that a person who was the head of a
family would make better settler
than any other, for such person would
naturally go on to the ladn to make
a home for the family. and in SO doing
would build up the country, whereas
the other members Of the family would
not be SO apt to make permanent homes
on the land. SO it was enacted that
every person who is the head of
family (and otherwise qualitiedl may
take up homestead.
But la appeared that there were a
great many single people who were
not the heads of families tyeD. but
who might make very desirable set
tiers on the public land, and these
single people might become heads of
families later on. so it did not seem
fair to fierce them to marry or adopt
families before allowing them to file
on land. and congress included also
those who have arrived at the age of
81 years (whether the heads of fami-
lies or not).
1t is plainly a sc Cd policy to induce
the settlement of our country by its
own citizens or those who will even
States. so congress stipulated that
each entryman must be "A citizen or
must have taken out the first citizen.
ship papers
Believing that these who already
own considerable land would not be
SO apt to build up and permanently
occupy the homestead lands as those
who own no ether land. or only IA
,111 + !, Tow.
added a stipulation that no person who
is the proprietcr of more than one
hundred and sixty acres of land in any
state or territory shall acquire any
right under the homestead law.
1t would be plainly impossible for
the land office to determine for itself
the qualifications CT the numerous APP
plicants for entry, it was provided
that before making a homestead en-
try the applicant must make an affi-
davit setting forth the facts regard
ing his qualifications, and this ,affida-
Wit nuts also include a sworn state
ment that the apples is taking the
land for the purpose CT actual settle
ment and cultivation. for his own ex-
elusive use. and not for the benefit of
any other person. either directly or in
directly. Section 2290 CT the Revised !
Statutes requires this affidavit to be |
made. and Ills section has also been !
amended several times until today ii /
requires the entryman to swear not I
only to the facts regarding his or her I
qualifications to make the entry. but I
very specifically regarding the entry
mans INTENT MS with respect to the
land applied for. The affidavit must
include statements that the applica ion
is made Honestly and in good faith.
Tor the purpose of actual settlement |
and cultivation, and not for the benefit !
of any ether person, persons. or cor
poration; that he or size will honestly
endeavor to comply with all the re-
1uremsnts of law as to settlement,
residence. and cultivation necessary TO
acquire title to the land applied for:
that he or she is not acting as the
agent or, or in collision with. any
person. to give them the benefit of
my part of the land or the timber
thereon; that he CT she is not making
ne entry for speculation. but in good :
aith to obtain a home for himself or ,
herself. and that no contract CT agree ,
nent of any kind has been made or | ,
will be made by which the title which | :
nay be CURED from the government :
viii pass TO any Other person Mhouso- ,
Yer" =
Any person who, makes homestead :
ntry must swear to all the above. 4
nd If any material statement is proy-
n to he false the entry is fraudulent | l
nd subject 10 cancellation. and the
ntryman is liable to a heavy fine and
for perjury.