The Powder River County examiner and the Broadus independent. [volume] (Broadus, Mont.) 1919-1935, 1922-03-31
2noRI TALKS on HOMESTEAD MATTERS
By COLA W. SHEPARD. United States Commissioner
HEAD OF FAMILY
TALK NO. As
copyrighted 1891 by Cola w. Shep-
as1. Colony, Wye. ana published Ia the
Powder River County Examiner thru
special arrangemeut.y

Powder River County Examiner thru
special arrangement,
Section 1888 grants the right to
make homestead entry to every per-
son who il the head Of a family. 1t
does not stipulate just how large the
family shall be. or what relationship
the family shall bear tc' the head,
but simply that such person shall be
the head Of a family. In practice, many
cases arise where it is difficult to de-
eide whether a person comes within
the meaning of this law or not.
A married man is the natural head
Of family, but it sometimes happens
that he loses this position. and his
wife, or one OF his children, or Il
brother, or some other perosn. be-
comes the head of his family. When
evr that change takes place the for
mer head of the family becomes dis
qualified to take up a homestead as
head CT family and whoever succeeds
him has the right.
If man becomes permanently dis
abb ed to such an extent that his wife
has to assume the burden of provid-
ing for the family she becomes the
head of the family. and she gains the
right to file on homestead Ii her
husband has used his right when he
was the head of the family, or before
he married. this will have no bearing
on her right to file. and the fact that
he has lost hos position as the head
of family will not necessarily, pre-
vent him from completing his entry
fer the law requires only that a per-
son shall be qualified to make entry
on the day when the entry is made
They may then complete the entry
and need not again be qualified.
If a man under twenty-one years of
age marries he becomes the head of
family and may take up a home cad
but if he does net file on land. and
his wife dies, or leaves him. and he
has other family. he ceases to be
the head of family and must either
wait until he becomes of age, or marry
again. or adopt a family.
When a boy or girl who is under
age becomes the main support of aged
parents or brothers or Sisters. or Of
any other relation. such boy or girl
is the head of a family and entitled
to file.
If married woman is deserted by
her husband. and she has some other
ports and cares for. she becomes the
head CT family. even though her
husband may at the same time take
land as a single man over twen;v-one
Years of age. And there are n,lner-
Gus other cases in which women and
children become heads of families. and
therefore become entitled TO file on
land
tAy rot
whether or not certain persons are en-
titled to file under this law. ana i,
must be settled by a close exar1i,a
ton into the facts in each and every
ease. If there be husband or fathe,
ne IS naturally the head Of the family
ana II some other member of the fam.
fE claims TIC be the head such claim
must he substantiatei hy.some evi-
aehce showing that the natural con.
dtlons are reversed in that partic1;Ia,
amlly Merry declaring that one per-
son is the head of a family does not
make that person eligible to make a
homestead entry unless he or she is
the actual head of the family.
IL Is plain that a family cannot
cannot have TWO heads. although per
sons may be members of the same
famiiy and each have the right 10 file
on land for the law also gives the
right of making entry to single per-
sons VINO are over twenty-one Years
OF age. widow who is eyer TWENTY
one Years of age may I'll e on land as
single person, and if her minor son
mas assumed the responsibility of nrc-
Nldlng for his mother he NAV file on
'and as the head of the family. This
applies only to the right to make en-
try, ana has nothing whatever to dc
win the manner of completing such
entry. for when it comes to resi5ine
on homestead the family mus. ha
spit up II there be two hon7nst.ads
Ter one household cannot have two
residences under the law
woman who marries and becomes
Il widow before she is twentv-one docs
not nave right to file on a hon,a-
stead unless she has a family and is
ITS head. fer otherwise she is merely
single person and not of aga ~
cannot file on land
A deserted wife. who has not raa,
divorced. may file on land as tho be,d
OF family if She has any family
even though her husband NAV mar no
an invalid and may contribu,a So,,,,-
.hihs toward the support of the fam
lily. Ia i''-