50 LAWS APPLICABLE TO THE NATIONAL EOEESTS. 



The homestead law contemplates that an entry thereunder shall 

 constitute the entryman's home and family homestead to the exclu- 

 sion of a home elsewhere ; and mere personal presence of the entry- 

 man upon the land does not meet the requirements of the law as to 

 residence where he maintains a family residence elsewhere. (Ben- 

 jamin Chainey, 42 L. D., 510.) 



The homestead law contemplates a continuous compliance both as 

 to residence and cultivation, beginning with the date of entry. 

 (Hon v. Martinas, 41 L. D.. 119.) 



The law contemplates that the entryman shall make the land his 

 permanent home to the exclusion of a home elsewhere : and an entry 

 merely for the purposes of a summer home during three or four 

 months of the year while maintaining a home elsewhere the rest of 

 the time is invalid. (George TT. Harpst. 36 L. D.. 166.) 



A homestead entry made with no intention of establishing a per- 

 manent bona fide home upon the land, but merely with a view to 

 submitting a showing sufficient to support commutation, must be 

 canceled, notwithstanding the proof shows full technical compliance 

 with respect to inhabitancy of the land for the period ordinarily 

 required in commutation cases. (Gilbert Satrang, 37 L. D.. 683, 

 syllabus.) 



Credit for constructive residence during official employment will 

 not be allowed to homestead entrymen appointed to office on or after 

 March 1. 1909. Such credit will be given only to entrymen who 

 establish residence on their claims and are thereafter elected to office. 

 (37 L. D.. 449.) 



Commutation — Eesidence. 



The purpose of the homestead law is the donation of the public 

 lands to actual settlers seeking to establish bona fide homes thereon, 

 and the provision respecting commutation in no wise changes that 

 purpose, but merely affords a means of commuting further residence 

 to cash in meritorious cases lawfully initiated and prosecuted to the 

 date of commutation. (Gilbert Satrang. 37 L. D.. 683. syllabus.) 



Credit for constructive residence during official employment will 

 not be allowed in the commutation of homestead entries. Commuta- 

 tion may be allowed only upon a showing of actual and substantially 

 continuous presence upon the land for the required period. (Ed. 

 Jenkins, 37 L. D.. 434.) 



The fact that lands may be chiefly valuable for the timber thereon 

 does not exclude them from settlement and entry under the home- 

 stead law, but it must clearly appear that the settlement or entry was 

 made in good faith, for the purpose of making the tract a home, and 

 where the entryman in such case submits commutation proof and 

 pays a price to cut short the period of residence required by the 

 homestead law. he invites scrutiny and challenges judgment as to the 

 good faith of his entry. (Patten v. Quackenbush. 35 L. D.. 561.) 



Commutation proof upon homestead entries showing less than 14 

 months' residence should not be received, except in cases where statu- 

 tory authority exists to the contrary. (Charles O. Asp, 41 L. D.. 505.) 



Cultivation. 



Cultivation is an essential requisite to compliance with the home- 

 stead law. and a hearing may be had on a charge of noncultivation, 



