292 MONTANA 19 U 



least one-fourth of the area embraced in the entry was so continuously cultivated 

 beginning with the third year of the entry." The residence provisions of the home- 

 stead law (and now the new act) were applicable to these entries, with an exception 

 relating to certain lands in the states of Utah and Idaho, with respect to which the 

 requirement of residence is omitted, and in lieu thereof the entryman is required 

 to cultivate twice the area required under the general provisions of the act. The 

 new law reduces the required area of cultivation to not less than one-sixteenth during 

 ihe second year of the entry and not less than one-eighth during the third year of 

 (he entry, and until final proof, except that in the case of entries under Section 6 

 of the enlarged-homestead laws, where residence is not required, one-eighth of the 

 area of the entry must be cultivated during the second year and one-quarter beginning 

 with the third year of the entry, and until final proof. In other words, the effect of 

 the new law with respect to the enlarged-homestead acts, except in instances where 

 residence is not required, is generally to reduce by one-half the amount of cultiva- 

 tion which had previously been required. Further information with respect to the 

 requirements for final proof in the case of an original entry under Section 2289, 

 I'nited States Revised Statute.s. to which an additional entry under Section 3 of said 

 -enlarged-homestead acts has been made, may be found in Circular No. 218, dated 

 March 17, 1913 (42 L. D., — ), containing instructions under the act of February 11, 



1913, 37 Stat, CG6). 



Reduction of Cultivation. 



(5) The Secretary of the Interior is authorized upon a satisfactory showing 

 therefor, to reduce the required area of cultivation. The homestead laws were 

 •enacted primarily for the puropse of enabling citizens of the United States "in good 

 faith to obtain a home"' and the provision of the statute in regard to reduction in 

 the required area of cultivation will not be permitted to so operate as in any manner 

 to relax the rule that the entryman must so reside upon, use, occupy, cultivate, and 

 improve the tract of land entered by him as to satisfactorily show that he in good 

 faith at the time of such entry intended to make the laud his bona fide home and 

 that it has been his home to the date of final proof. However, if the tract of land 

 •entered is so hilly or rough, the soil so alkaline, compact, sandy, or swampy, the 

 precipitation of moisture so light as not to make cultivation practicable to the extent 

 of the required amount, or if the land is generally valuable only for grazing, a reduc- 

 tion in the area of cultivation may be permitted. The personal or financial disabilities 

 or misfortunes of the entryman existing at the time of entry will not be considered 

 sufficient cause for reduction in the area of cultivation; but if after entry and actual 

 stttlement, through circumstances which at the time of entry could not reasonably 

 have been foreseen, the entryman has met with misfortune which renders him 

 reasonably unable to cultivate the prescribed area, upon satisfactory proof thereof at 

 the time of making final proof, a reduction in area of cultivation may be permitted 

 during the period of disability following such misfortune, provided notice of such 

 misfortune and the nature thereof shall be submitted under oath within 60 days 

 after the occurrence thereof to the register of the land office of the district in which 

 the land is situated. Tilling of the land or other appropriate treatment for the pur- 

 pose of conserving the moisture with a view of making a profitable crop the suc- 

 ceeding year will be deemed cultivation within the terms of the act where that 

 manner of cultivation is necessary or generally followed in the locality. 



No reduction in area of cultivation will be permitted on account of expense in 

 removing the standing timber from the land. If lands are so heavily timbered that 

 the entryman can not reasonably clear and cultivate the area prescribed by the 

 statute, such entries will be considered speculative and not made in good faith for 

 the purpose of obtaining a home. 



The authority to make reduction in the prescribed area of cultivation relates to 

 enlarged homestead entries as well as ordinary homesteads made under Section 2289, 

 Revised Statutes, and applications for reduction of area of cultivation under enlarged- 

 homestead entries will be made or refused in accordance with the provisions of 

 this paragraph. 



How to Obtain a Reduction in Area of Cultivation. 



(6) A showing, should be made in each case as to the difficulties attendant upoT 

 the cultivation of that particular tract. To this end the entryman should show in 

 detail the special physical conditions of the land which he believes entitled him to 

 an order of reduction, describing its topography, whether hilly or level; its quality 

 and character as adapted to cultivation, whether light or heavy, sandy, loamy, rocky, 

 or alkaline, together with the prevalent climatic conditions in the matter of annual 



— Think it over; then come to Montana. 



