PUBLIC I.ANI'S. 



the ITomPstcad Act. mid ili:tt tin- entry is made for tion of the eases, pre-emption declaratory statements 



his exclusive use and !> nrtil. and tor actual settlement were tiled in the naim > of tin- nppontitioai claimants. 



and ( iiltivitioii. ami niu.-t l':iy the ! -I that alleging a prior rc.sideliee of more than f> years re,, 



DHt of UM OOnunUHMMM nqnired M fiwom : !' liir under the homestead laws. These filings wore iin- 



160 acre*, $10; commission, $1 to JM'J: fee tor MI innliatrly transmuted tn homestead entries and 



acres, |o ; commission. S^ to $''. ; within ti inontlis alleged proofs at once made, nut more than a month 



from the date- of entry tlic settler nin.-t take up his or two clapsinir I'roni the date tin; fir>t papers wore 



MM upnii tlie land, and reside thereupon and liled until the final entries were plaeed on record. 



cultivate the same lor '< years continuously. At the In the proofs the alleged residence of the Parlies 



expiration of this period. r within 2 years thereafter, was made to relate Wk ami cover the period from 



proof of residence and cultivation must |H> established l>~i>or 1ST" to l.sS'J or iss:;. Mexican names were 



i to ivpre.M'iit elainiants, and the papers showed 

 on their face that they were nil prepared liv one in 



oy four witnesses. The proof of settlement with the 

 certificate of the Ret-isier of the I.ind Olnee is for- 



warded U> the (ieneral Land < Hh'ce at Washington, dividual, the signatures of alleged claimants and wit- 

 fruiii which patent is issued. Final proof cannot lie nesses bearing unniisuikahle evidence that tin. 

 made until the expiration of 5 years from date of written by the same individual and one other per- 

 entry, and must lie made within 7 years. The gov- ] son. The lands were conveyed immediately atler en- 

 crnment recognizes no sale of a homestead claim. A try, and the transferrce conveyed them to a cattle 

 home- r may at any time purchase the land company. Reliable persons who had lived near the 

 under the pre-emption laws if desired, upon making lands from 5 to !"> years, and were well acquainted 

 proof of settlement and cultivation for a period of not in the vicinity, testified that they had never seen or 

 less than l> months from the date of entry to the time heard of any one of the alleged claimant:*, and that 

 of pnrcha.se. The law allows only one homestead j no sueh persons ever lived on the lands. It is esti- 

 privtlege to any one person. A special act covers mated that fully <JO percent, of all the entries mado 

 soldiers' homesteads. Kvery person who served not under the two acts in the Territory of New Mexio 

 leas than '.HI days in tin.- army or navy of the I'nlted have been fraudulent Much of the abuse comes from 

 States during the War of the Rebellion, and who was large cattle-owners who fenced thousands of acres 

 honorably discharged and has remained l.iyal to the without the slightest claim ; or who made claim 

 government, may enter a homestead, and the time of ffithooi any booing whatever. The BOB has 

 his service shall be deducted from the period of f> IM-CII that there has been developed a .-v .-! in of land- 

 years, but he or his widow, as the case may be, must holdings on a scale not known in any other part of 



reside upon and cultivate his homestead at lea.st the world. In many instances the holders are aliens 



year before final proof can be made, whatever may who have no interest whatever in supporting I. S. 



have been the period of his service. The widow of a laws or institutions. Some of these individuals and 



soldier, or, if she be dead, or is married again, the corporations own millions of acres : and many of them 



minor heirs (if any) may, through their guardian, hold areas of .several hundred tin msand acres. 



make a homestead entry, and if the soldier died in the 

 service, the whole term of his enlistment will be dc- 

 ductcJTroin the time otherwise required to perfect the 

 title. Neither the gnardkin nor the minor children 

 are required to reside on the land, but the land must be 



In this connection the State laws in regard to alien 

 ownership may be noted. In 1883 land-ownership 

 ..ide the subject _of special investigations and 

 it was found that citizens and aliens arc on the 

 same footing in Alabama, Arkansas. California. Colo- 



cultiva'tcd and improved for the period of time rado, I Dakota, Mnrida, (ieorgia. Illinois. Indiana, 

 during which the father would have been required Iowa, Kansas. Loaimm. Maine, Man-land. M>- 

 to reside on the 

 described above may 

 statement for ICO acres 

 after which he has (\ mo... ................................. 



entry of the land and commence his settlement and Texas. 1'tah. Vermont, Virginia, West, Virginia, 

 improvement. This latter entry must be made in Washington Territory, and Wisconsin. California 

 person. and I tali require simply a non-resident alien to whom 



It has leen prnposed that the various homestead an inheritance falls to claim it within 5 ycai-s. This is 

 acta should be consolidated anil that a new law, ap-. merely a reasonable statute of limitation. Nevada 

 plicable to all public lands not mineral or limber, ! prohibits a subject of China from owning real 

 should make the entry for lands loO a-ivs : that a Pennsylvania limits the right of purchase in an alien 

 homestead entry should not be considered M oonsam- 1 to M-S. but he may hold without limi- 



matednntilapate.it i.-sues ; and that the law requir- estate liy devise or (li'scent. This is the only State in 

 ing settlers to advertise their intention to pay for their the I'nion that limits the amount of land purchasable 

 lands should In: abolished. Of course th" government bylaw. In \ ennoiit it was .stated in the case of The 

 expects no revenue from the llome.-t'-ad A'-t -the fees Staler*. Boston. Concord, and Mont real H. K. Co., that 

 and commissions paying only for the cost of survey while no laws prohibit aliens enjoying real estate, and 

 and the sale. l!ut there is again to the nation of j while the power of escheat may still exist, utridixtiini 

 more than money value in filling the lands wiilis- - et it has always remained dormant, notwith- 



The number of a.-iv.s entered ninler the Home- standing the frequent occasions for its legitimate ex- 



Stead Act for the past 10 years were as follows : | ercise. In other words, the common law. although 



unrepealed, is a dead letter in practice. The Indiana 

 statute of 1881 provides that any non-resident alien 

 luire by inheritance real estate as though he were 

 a citizen ; but the time during which he may hold, 

 sell, alienate, and convoy expires in 8 years after final 

 settlement of the decedent's estate from which it was 

 lent alien is in all respects in the 

 _______ position as a citizen, and it may generally be 



and the homestead laws. In 1882 and ISSl. 7,'JOd remarked that in States in which restrictive law- an; 

 acres of the public lands in Eastern New Mexico . in force the resident has superior rights to the in. n- 

 wcre taken up under the homestead and pre-emption resident alien. In the nndcr-mentinned Stat. 

 lawn by one individual for grazing purposes, by entries | Territories the following is the 8Utc of the law : ( 'on- 

 made in the names of fictitious persons. In the necticut: Aliens residim: in the I'nitcd Slates and 

 \>mestcad entries, which comprise the greater por- 1 natives of France can hold and tiaiismit land. Oth.r 



