to the charge relating to non-com-
pliance with law; and if as a result
of the contest it be determined that
the land is of a character subject to
entry under the desert-land law, the
suspension should be removed.

In case of an application by a cor-
poration to make desert-land entry,
it is within the power and it is the
duty of the land department to in-
quire into the qualifications of the
individuals composing the corpora-
tion to make entry in their own right
under the provisions of the desert-
land law

Page.

It is within the power and is the
duty of the land department to re-
quire a corporation, seeking to ac-
quire title to a desert land entry as
assignee of the original entryman,
to show that the individual members
composing the corporation are not
disqualified under the desert land
law to hold and acquire title to such
entry

521

430

443

Recognition in the act of March
3, 1891, of the right of assignment
of desert-land entries furnishes no
authority for recognizing a right on
the part of a desert-land entryman
to enter into an executory contract
to convey the land after the issuance
of patent and to thereafter proceed
with the submission of final proof
in furtherance of such contract_____ 383
A citizen of one State or Territory
who goes to another State or Terri-
tory with the avowed intention to
make his permanent home therein,
and in his sworn application to make
desert land entry declares himself to
be a resident of such State or Terri-
tory, is held to be a "resident citi-

zen

thereof within the meaning of
the desert land law and in that re-
spect qualified to make such entry
therein, where in pursuance of his
he
expressed intention makes his
home in such State or Territory,
even though he may not, at the date
of making the entry, have acquired
a political residence in the State or
Territory such as would entitle him
to the voting privilege
HOMESTEAD.

The fact that land is more valu-
able for the timber and stone thereon
than for agricultural purposes does
not exclude it from appropriation
under the homestead laws, if not
mineral in character

Equitable Adjudication.

Where the only objection to con-
firmation of a military bounty land

586

115

to a copy of the final proof sub-
mitted on his application__-

Where in final proof proceedings
a witness is asked to give a categor-
ical answer to an interrogatory, he
should be permitted, in connection
therewith, to state such facts and
circumstances in explanation thereof
as in his opinion make the categor-
ical answer the correct one to the
question he is required to answer in
such form__.

Where the final proof submitted
on an entry made under section 2307
of the Revised Statutes shows that
the entrywoman never established
actual residence upon the land, al-
though notified in accordance with
the directions contained in depart-
mental decision in the Anna Bowes
case that if she desired to retain her
entry she would be required to begin
actual residence upon the land with-
in six months from notice, such proof
is insufficient and will be rejected;
but where it appears that the proof
was offered prior to the expiration
of six months from the date of such
notice, the entry should not be can-
celed unless it be first ascertained
that she did not begin actual resi-
dence upon the land within the pre-
scribed period

Forest Land.

See Reservation.

Homestead.

See Entry.
GENERALLY.

133

133

118

Where a homestead claimant, by
contract to convey the land em-
braced in his entry after the submis-
sion of final proof, puts it beyond his
power to acquire title under the en-
try except by perjury, he thereby for-
feits his rights, and upon proof of
such fact the entry will be canceled __ 46

WIDOW; HEIRS; DEVISEE.

There is no provision of the home-
stead law by which any rights or
claims to public lands, prior to the
issuance of patent, can be devised or
succeeded to and perfected by, or on
behalf of, other than citizens of the
United States

A homestead entryman who at the
time of his death had not acquired
the legal title to the land embraced
in his entry, was not at such time,
by reason of his claim under the en-
try, a person holding real prop-
erty," within the meaning of article

51

1 of the treaty of March 2, 1899, be-
tween the United States and Great
Britain, and his alien heirs, subjects
of the latter country, have therefore
no such claim or right to the lands
embraced in the entry as is entitled
to protection under the provisions of
said treaty

The heirs of a deceased homestead
entryman may delegate to another
the power to perform for their bene-
fit the cultivation on the entry re-
quired by law, and such cultivation,
if actually carried on in good faith
for the required period, constitutes
compliance with the homestead law
the same as though performed by the
heirs themselves

51

46

By virtue of the provisions of sec-
tion 2305 of the Revised Statutes as
amended by the act of March 1, 1901,
proof of the death of a homestead
entryman while actually engaged in
the military service of the United
States renders unnecessary any
showing that would have been other-
wise required touching his compli-
ance with law in the matters of resi-
dence, cultivation and improvement 392
The properly-constituted adminis-
trator of the estate of a deceased
homestead entryman is authorized to
submit final proof under the provi-
sions of section 2305 of the Revised
Statutes as amended by the act of
March 1, 1901, as his " legal repre-
sentative"

Upon satisfactory proof of the
death of a homestead entryman
while actually engaged in the mili-
tary service of the United States,
leaving no widow or minor orphan
children surviving him, it is the duty
of the land department, under the
provisions of section 2305 of the Re-
vised Statutes as amended by the act
of March 1, 1901, to issue patent to
his legal representatives," leaving
it to the courts to determine in
whom the title shall vest.

INDIAN.

An Indian to whom land in a res-
ervation has been allotted as a mem-
ber of a tribe, but which land has
never become a part of the public
domain subject to the general provi-
sions of the homestead law, can not,
as a citizen of the United States,
make homestead entry, under section
2289 of the Revised Statutes, of the
land so allotted to him.
ADDITIONAL.

A homestead entryman is not en-
titled to make a second entry under

392

392

702

Page.

the provisions of the act of April 28,
1904, 33 Stat., 527, upon a showing
that he relinquished his original
entry for the reason that the land
embraced therein was unsuitable for
farming purposes and was not of
sufficient acreage to enable him to
support himself and family by using
the land for grazing purposes.

Circular of April 10, 1906, under
act of April 28, 1904 (33 Stat., 547),
commonly known as the "Kinkaid
Act"

Circular of May 31, 1904, under
act of April 28, 1904, amended__

60

546

87

Circular of September 1, 1905,
relative to second entries under sec-
tion 3, act of June 5, 1900, and sec-
tion 1, act of April 28, 1904. ---- 114
The act of April 28, 1904, known
as the "Kinkaid Act," does not re-
peal any of the provisions of the
homestead laws, but merely amends
said laws by allowing entry of a
greater number of acres, within the
limits designated, than is permitted
thereunder, and one disqualified to
make entry under the general home-
stead laws, by reason of being the
owner of more than one hundred
and sixty acres of land, is therefore
likewise disqualified to make entry
under said act--

The qualifications of an applicant
to make additional entry under the
act of April 28, 1904, must be de-
termined as of the date of the pre-
sentation of the application and not
as of the date when his original en-
try was made__.

Residence upon the land embraced
in the original homestead entry is an
indispensable prerequisite to the
preference right to enter additional
contiguous land accorded by the act
of April 28, 1904-

The act of April 28, 1904, known
as the "Kinkaid Act," authorizes a
second or additional homestead en-
try of so much land, within the lim-
its defined in the act, as added to
that embraced in the first entry shall
not exceed six hundred and forty
acres, regardless of the fact that the
entryman may have relinquished his
first entry for a valuable considera-
tion

The act of April 28, 1904, com-
monly known as the "Kinkaid Act,"
contemplates only one additional en-
try under its provisions; and where
such entry is made, even though for
an amount of land less than author-
ized by the act, the right is thereby
exhausted

502

502

527

435

468

homestead entry accorded by section
2 of the act of April 28, 1904, gen-
erally known as the "Kinkaid Act,"
is limited to persons who made their
original entries prior to the date of
said act__.

The right of additional entry pro-
vided for by section 2 of the act of
April 28, 1904, is limited to persons
who theretofore had entered under
the homestead laws lands within
the territory described in the act,
and who Own and occupy such
lands, and can only be exercised
upon lands contiguous to the original
entry

Page.

The right of additional entry ac-
corded by the proviso to section 3 of
the act of April 28, 1904, extends to
all persons who prior to application
to exercise said privilege had made
homestead entry, and there is no
warrant in the act for further limit-
ing the right, as is done in the in-
structions of May 31, 1904, issued
under said act, to a homesteader
who had resided upon and culti-
vated the land embraced in his orig-
inal entry for the period required
by law

134

60

60

Where an application to make
homestead entry was pending at the
date of the act of April 28, 1904, and
prior to allowance of entry thereon
the applicant presented a supple-
mental application to enter addi-
tional lands under the provisions of
said act, requesting that the two ap-
plications be considered together,
the fact that entry on the original
application was inadvertently al-
lowed without considering the sup-
plemental application, does not war-
rant rejection of the application for
additional entry on the ground that
the original entry was allowed sub-
sequently to the passage of the act__ 274
An additional entry under the act
of April 28, 1904, even though for a
less amount of land than authorized
by the act, exhausts the right; but
where at the time the entryman
sought to exercise his additional
right, part of the lands contiguous to
his original entry and subject to his
preference right and desired to be en-
tered by him, were found to be em-
braced within an existing though in-
valid additional entry made by an-
other under said act, and he there-
upon made entry for a less amount
of land than he was entitled to en-
ter, and thereafter by means of a
contest procured the cancellation of
the invalid entry covering the re-
mainder of the lands desired by him,

Page.

Where one entitled to make addi-
tional entry under the act of April
28, 1904, exercises his right for a
less amount of land than he is en-
titled to enter, and at the time of
making such entry announces his in-
tention to amend his additional en-
try to include other lands desired by
him, sufficient to aggregate the quan-
tity to which he is entitled under the
act, as soon as he succeeds in clear-
ing the records of other claims to
such adidtional lands, and takes
prompt action to that end, he may
be permitted to amend his entry in
accordance with such purpose when
the additional lands desired by him
become subject to entry, provided the
rule as to compactness be observed__ 573
In determining the "extreme
length" of a homestead entry under
the "Kinkaid Act," the measure-
ment should follow the lines of the
public survey, and no entry should
be allowed for any tract exceeding
two miles either in length or breadth,
and no application for an entry in as
nearly compact form as possible
should be rejected solely because its
combined length and breadth or
diagonal measurement exceeds two
miles

690

690

537

ing from his muster into the service,
and not from his enrollment------- 291
SOLDIERS' ADDITIONAL.

In every case where the soldier
rendered the requisite military serv
ice and made homestead entry for
less than one hundred and sixty
acres prior to the adoption of the
Revised Statutes, the proper founda-
tion exists for an additional entry
under the provisions of sections 2306
and 2307 of the Revised Statutes,
notwithstanding the soldier may
have died prior to the enactment of
said legislation

Sections 2306 and 2307 of the
Revised Statutes do not contemplate
more than one additional right of
entry, founded upon one and the
same military service.

Sections 2306 and 2307 of the Re-
vised Statutes do not contemplate
more than one additional right of
entry, founded upon one and the
same military service; and the ex-
istence of a valid additional right
based upon a homestead entry made
by the soldier, precludes an inde-
pendent additional right to his
widow, or after her death to the
heirs of her estate, based upon a
homestead entry made by her..

Location having been allowed of a
portion of an additional right based
upon a homestead entry made by the
widow of a soldier, and recertifica-
tion made for the remainder of the
right, it is held, upon application
being made for the allowance of a
further additional right based upon
an entry made by the soldier him-
self, that no foundation therefor ex-
ists, the additional right allowed on
the homestead entry of the widow
being considered as having been
based upon the homestead entry of
the soldier

The additional right accruing to
the widow of a soldier, under sec-
tions 2306 and 2307 of the Revised
Statutes, by reason of an entry for
less than one hundred and sixty
acres made by herself, is a property
right vested in her, and is not for-
feited by her remarriage or death;
but in case of her remarriage is held
in abeyance during coverture, and in
event of her death remains an asset
of her estate

The additional right of entry ac-
cruing to the widow of a soldier un-
der the provisions of sections 2306
and 2307 of the Revised Statutes,

333

339

333

339

341

Page. |

based upon an entry made by her-
self, is not lost, forfeited or extin-
guished by her remarriage, but is
merely held in abeyance during cov-
erture, and upon removal of such
disability may be exercised or dis-
posed of by her as though she had
remained the soldier's widow.

Where a soldier qualified to make
additional entry under the provi-
sions of section 2306 of the Revised
Statutes dies without having exer-
cised or disposed of such right, his
widow is, in the first instance, en-
titled thereto, by virtue of the pro-
visions of section 2307, but if she
remarry or die without having exer-
cised or disposed of the right, his
minor orphan children become en-
titled thereto, and if not exercised
or disposed of by them, through a
guardian, during their minority, the
right remains an asset of the sol-
dier's estate

342

333

In case a soldier's widow entitled
to make additional entry under sec-
tions 2306 and 2307 of the Revised
Statutes, by virtue of an entry for
less than one hundred and sixty
acres made by herself, remarries,
without having exercised or disposed
of such right, it can not be asserted
during coverture; nor can the fact
that the only child of the soldier
joined the widow in an assignment of
such right in any wise affect the situ-
ation, in view of the fact that the
right is based upon an entry made by
the widow and not by the soldier 345
The mere fact that a certificate of
additional right has issued in the
name of the soldier under section
2306 of the Revised Statutes will
not prevent him from selling and
divesting himself of the right it-
self, of which the certificate is
merely the evidence; and upon satis-
factory showing of the loss or de-
struction of the certificate, it may be
reissued and recertified in the name
of the assignee entitled to the right 685
Only one application of the rule
of approximation is allowed to each
original right of soldiers' additional
entry, and where the right is divided,
the rule may be applied only in the
location of one portion thereof; but
where a portion of a right is located
for a tract of land embracing merely
a fraction of an acre excess, such
small excess will not, under the rule
de minimis non curat lex, be re-
garded as preventing the holder of
the remainder of the right, in mak-
ing location thereof, from applying
the rule of approximation

---------

ACT OF MARCH 2, 1889.

Page.

The right to make an additional
entry accorded by section 5 of the
act of March 2, 1889, arises only
where the original entry was made
prior to the passage of said act, and
can be exercised only upon land con-
tiguous to that embraced in the orig-
inal entry; but the additional entry
provided for by section 6 of said act
may be allowed whether the original
entry was made prior or subsequent
to the passage of said act and for
land contiguous or noncontiguous to
the original entry-

By the exercise of the right to
make additional homestead entry
conferred by section 6 of the act of
March 2, 1889, even though for a
less amount of land than might have
been taken thereunder, the entryman
thereby exhausts the privilege
granted by said section

Indemnity.

See Railroad Grant; School Land.

Indian Lands.

See Reservation.

Proclamation of July 14, 1905,
opening Uintah lands

537

294

1

441