The Powder River County examiner and the Broadus independent. [volume] (Broadus, Mont.) 1919-1935, 1922-04-28
sllaaf TQks 0o HOMESTEAD MATTERS
By COLA w SHEPARD, United States Commissioner
TREATMENTS
TALK NO. 81

Copyrighted 1854 BY Cola W. shep-
ssa. celes We. a.s 1Ss !nsss, = tS 80
special afrAn9onaent1
Certain fees and commissions are
required to be pad at the time OF
making application for entry OF pub
lie land under most Of our land laws.
and these fees must be paid petofs
the application will be considered by
the register and receiver The receiver
Issues q receipt for every bit OF money
he receives, whether the money Is
used or returned to the entryman, ana
in cases where money is received IN
connection with an application Whlch
cannot be allowed at cnce the money
IL kept in a separate account untii
after the application is finally passeA
upon If the application Is alowea
and becomes an entry, then the none!
IL put into the treasury OF the l-hlted
States as learned money. but II the
application Is rejected and the case
closed, the money Is repaid the appll-
cant in the form of check drawn by
the receiver Money which is bsing
held in connection with applications
which have not been allowed Is CALL
ed "unearned money" and is under
the control of the receiver of the land
office He can return it to the appli-
cant by giving his check. but earned
money is paid over by the receiver
into the treasury of the Omitted States
and is forever out of his control.
Money cannot be paid out of the
United States treasury except as pre-
yided by law. and when an entryman's
money is once turned over to the L.
S. treasury by the receiver it cannot
be repaid to the entryman unless ne
can show that some law authorizes
such repayment.
Tn many cases money Is accepted and
put into the treasury in connection
with entries which should not have
been allowed. and which are later
cancelled To give relief in such cases
several laws have been passed which
authorize repayment of moneys which
have been paid in connection with en-
tries which are subsequently cancelled
by the government. and where there
is no fraud on the part of the entry
man.
In order to obtain the repayment OF
money which has been earned" it is
necessary to submit formal applic-a
eral land Office on a form approved
by the land department. and this APP
plication must be sworn to and in
cost cases must be accompanied by a
proper REIMBURSEMENT of the land in
volved. This application may be sworn
&c, before any officer authorized to ad-
minister oaths and using seal. or
it may be sworn to before justice
of the peace. but if such justice does
not have a seal there must be a GER
tificate by the county clerk as to the
qualification of the justice. If re-
linquishment is necessary in connec-
ticn with the application for repay.
ment it must be acknowledged before
officer authorized to take ack'
nowledgements to deeds, SO that i,
may constitute a legal reconveyance
of the land to the United States.
There are many thousands of dol
fars in the United States treasury
which might be repaid to the entry
men or their heirs if proper applica
lions were submitted. but this money
will never be repaid unless it is claim.
ed. The land department does not
make any effort to repay such money
after it has once been earned but
waits for the entrEmen who are en-.
titled tc. repayment to file their ella inns
Owing to the wording of the vari-
~ous laws authorizing the repayment
of moneys paid in connection with land
entries there are some cases in which
the entryman should he entitled to res
payment but which are not covered
by any specific law, and therefore the
money cannot be paid back to him
Those who have paid money in con.
nection with entries or parts of en-
tries. which have later been Cancelled
should write tc, the nearest land office
or the general land office at Wash.
.ington. and ask for INSTRUCTIONS Gov
erning Repayments,'' from which they
can ascertain whether they are en-
titled to repayment or not.
Perhaps the largest sums of money
are these which have been paid i,
connection with desert entries which
were Cancelled for one cause or an.
other. and most of such money ma.
be repaid under the law upon proper
application. Small sums are also due
tc' thousands OF entrymen who have
been forced to relinquish portions OF
their entries after same We're allowed
I'm some cases the entrynlan is notified
of his right to repayment at the time
he is required to make the relinGuish-
ment. but in other cases no such ne
tfce is given him. and most entrymen
VINO are entitled to repayment under
the law are ignorant of their rights
or now tn proceed to get the money