The Powder River County examiner and the Broadus independent. [volume] (Broadus, Mont.) 1919-1935, 1922-02-24
Suoo1 TALKS CD nolE4IEA0 MATTERS
BY COLA W. SHEPARD United States Commissioner
APPLICATIONS AND ENTRIES
TALK NO. A
Copyrighted 1850 BY Cola W. shep.
arl, Coeoay. WYE. ana published IN the
Powder River County Examluer thru
Opeo1nl oefa0Gemontl


Specla1 aefa0SementJ
II public land entrymen would make
a greater effort to- understand our land
laws and the routine methods of hand
ling public land entries. they would
save themselves much labor and dis
appointment, and would find home.
stealing more satisfactory and prof.
table. People will spend years CT their
lives in trying to obtain a homestead
without ever having read the particu-
lar law under which their entry is
made. or knowing much of anything
about the nature Of the contract they
make with the government when they
file on the land, CT what they must do
before they are entitled to patent.
IT man wished 70 obtain a con-
TRACT to carry the T. $. mail nc would
find out something about the requires
ments of the particular route he wish
ed tc carry. He would submit his APP
p1tcation, but would realize that no
rights wer conferred upon him by so
doing. lie would know that hts appli-
cation did not amount to anything I'M
til it was filed in Washington. or
wherever such application should be
filed. and If his application were ac-
he signed the original application or
bid, had nothing to do with the date
of his mail contract
Eut if the same person wishes to file
on a piece of land he is very apt to
go before some T.. 5, comHmissoner,
clerk of court. or other officer quail
fed tCr acknowledge his application.
and when he has signed the formal APP
plication for entry he goes away with
the impression that he now has a
vested right in the land. He would
Lot think Of submitting a bid for a
man contract and then calling at the
postoffico the next mcrnins for the
mail, but he will execute an applica-
ton for entry Of public land and be-
gin at once TO use the land and to
claim 1t.
The homestead laws require that be
fore any person can make an entry
land such person must submit "A fer
NAL application. together with an af-
tdavit showing his Qualifications to
make entry under the particular law
relating to that form, of entry While
this application may be drawn up any
where. and may be sworn to before
any enc of q Number Of officers in the
district land office. ana it does not
have any force or effect whatever I'M
til it is SO filed. Leaving an applca-
ton with Il L. s. commissioner to be
mailed by him to the land office is not
fling it. The application is not fled
until it is actually received by the
II gister or receiver.
Whenever an application is received
al the land office. whether it is made
out there or before some other officer
il is samped with the date. hour and
minute of its receipt. II is then filed
From that time unil it is ether allow
Cd CT finally rejected the person who
made such application is an appl cant
hut not an entryman,. While some
applications are allowed at once. many
of them cannot be allowed until after
the land is designated. or until after
the general land office passes upon
the applicants rights. or until some
other condition has been fulfilled
During his time the public land APP
plicant is in very much the same po-
sition as the man who has submitted
< bill for mail contract, but has not
had his hid accepted or rejected. How
ever. there are many applicants who
seem tt Inink tnat as soon they :
have made their applications they inn /
medtately become entrymen. !
Whenever the register and receiver !
decide that the application is regular |
in very way. that the applicant IS |
qualified to make that particular form |
nj entry. and that the land described /
Is subject to that particular form of !
entry, aud all fees are paid. then the
entry is allowed and u ''notice of al
lowance' is issued tc. the entrvmau
Tfat is the date on which his entry
IL actually made, and the date of his
entry is the date of such notice of al
'owance, not the date when he swore
TO the affidavit before some proof
taking officer, nor the date when the !
was filed. nor the date
when the receiver issued Il receipt fort
,is money. These things may all have
he same date. hut if they do not |
hen the date which is given To the
ltry is the date If allowance.
III referring to a homestead entry
t is usually necessary 10 Civ. the
'erial number Of entry tnot the reccipt
and the date. It should I've
that this means the date
# allowance.