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CONGRESS

STOCK-RAISING HOMESTEADS.

AUGUST 22, 1919.- Committed to the Committee of the Whole House on the state of

the Union and ordered to be printed.

Mr. TAYLOR of Colorado, from the Committee on the Publio Lands,

submitted the following

REPORT.

[To accompany 8. 276.]

The Committee on the Public Lands, to whom was referred the bill (S. 276) to amend sections 4 and 5 of the stock-raising homestead act, having had the same under consideration, respectfully recommend that the bill do pass.

Sections 4 and 5 of the stock-raising homestead act referred to as they now exist in the law are as follows:

Sec. 4. That any homestead entryman of lands of the character herein described who has not submitted final proof upon his existing entry shall have the right to enter, subject to the provisions of this act, such amount of contiguous lands designated for entry under the provisions of this act as shall not, together with the amount embraced in his original entry, exceed six hundred and forty acres, and residence upon the original entry shall be credited on both entries, but improvements must be made on the additional entry equal to $1.25 for each acre thereof.

Sec. 5. That persons who have submitted final proof upon, or received patent for, lands of the character herein described under the homestead laws, and who own and reside upon the land so acquired, may, subject to the provisions of this act, make additional entry for and obtain patent to contiguous lands designated for entry under the provisions of this act, which, together with the area theretofore acquired under the homestead law, shall not exceed six hundred and forty acres, on proof of the expenditure required by this act on account of permanent improvements upon the additional entry.

This bill provides for the amendment of those sections to read as follows:

Sec. 4. That any homestead entryman of lands of the character herein described who has not submitted final proof upon his existing entry shall have the right to enter, subject to the provisions of this act, such amounts of lands designated for entry under the provisions of this act, within a radius of twenty miles from said existing entry, as shall not, together with the amount embraced in his original entry, exceed six hundred and forty acres, and residence upon the original entry shall be credited on both entries, but improvements must be made on the additional entry equal to $1.25 for each acre thereof: Provided, That the entryman shall be required to enter all contiguous areas of the character herein described open to entry prior to the entry of any noncontiguous land.

Sec. 5. That persons who have submitted final proof upon, or received patent for, lands of the character herein described under the homestead laws, and who own and reside upon the land so acquired, may, subject to the provisions of this act, make additional entry for and obtain patent to lands designated for entry under the provisions of this act, within a radius of twenty miles from the lands theretofore acquired under the homestead laws, which, together with the area theretofore acquired under the homestead laws, shall not exceed six hundred and forty acres, on proof of the expenditure required by this act on account of permanent improvements upon th additional entry: Provided, That the entryman shall be required to enter all contiguous areas of the character herein described open to entry prior to the entry of any noncontiguous land.

The explanation of the amendments as proposed by this bill is so plain and thoroughly set forth by the report of the Secretary of the Interior, and the statement of the Senate Public Lands Committee shows the bill is so eminently just and reasonable, that it would seem wholly unnecessary to make any further statement in its sunport. The report of the Senate Public Lands Committee upon the bill is as follows:

The object of this bill is to provide a uniform method of making proof upon contiguous and noncontiguous additional entries under the stock-raising homestead act. It is provided in the latter act that an entryman who has already taken up under the homestead laws less than 640 acres of lands" chiefly valuable for grazing and raising forage crops" may enter upon an additional amount of lands of the same character sufficient to make the total acreage not to exceed 640 acres. Such an additional may be taken up anywhere within a radius of 20 miles of the entryman's original entry provided that he first enter upon available land contiguous to his original.

As it now stands, however, the law provides that proof upon contiguous lands may be made merely by submitting evidence of the expenditure of the required sum in improvements, provided, of course, that the entryman is acting in good faith and still owns and resides upon his original. The entryman on noncontiguous lands, however, is required by the present law to establish residence upon his additional as well as upon his original, although he is obviously already less fortunate than his neighbor who has secured contiguous lands, since he has been compelled to take an outlying area. There is no reason for thus penalizing the entryman who has been unable to find adjoining lands open to entry, particularly since he may not seek additional lands at a distance of more than 20 miles from his original.

There is hereby appended to this report and made a part of it the following favorable report of the Secretary of the Interior:

DEPARTMENT OF THE INTERIOR,

Washington, June 27, 1919. MY DEAR SENATOR: I am in receipt of your request for report upon S. 276, a bill to amend sections 4 and 5 of an act entitled "An art to provide for stock-raising homesteads, and for other purposes,” approved December 29, 1916.

Under the existing law, as construed by this department, homestead entrymen of lands of the character described in said 'act may, after designation of their lande, enter an additional amount of lands of similar character and designation within 20 miles of the original entry, the total acreage of the two entries not to exceed 640 acres. Those entrymen who are able to make additional entries upon lands contiguous to their original entries are not required by existing law and departmental rulings to remove from the original entry to the additional

, but may obtain patent upon proof of the expenditure of the amount required by law in permanent improvements upon the additional entry, and if they have submitted satisfar tory final proof or obtained patent upon the original entry, patent issues upon the additional, upon submission of proof of the making of the permanent improvements required by statute. As to lands sought in additional entries noncontiguous to the original and within a radius of 20 miles, the existing law requires the entryman to comply with the requirements of the homestead laws as to residence and improvement for three years from the date of additional entry.

S. 276 proposes to plare both classes of additional entries upon the same basis, and where satisfactory final proof has been made or patent issues upon the original, to allow patent to issue upon the additional upon proof of the expenditure required by the law in permanent improvements upon the additional,

It would seem both fair and logical to extend to entrymen who are not able to secure contiguous lands, but who make additional entries within the 20-mile limit, the same rights and privileges extended to those who are fortunate enough to secure adjoining lands by the making of additional entries.

To avoid confusion and to carry out the intent of the author of the bill, as well as the purpose of the original art, I suggest that the second proviso to section 3 of the act of December 29, 1916, be added to both sections 4 and 5 as proposed to be amended by this bill, viz: Provided, That the entryman shall be required to enter all contiguous areas of the character herein described open to entry prior to the entry of any noncontiguous land.” So amended, I recommend the enactment of S. 276. Cordially, yours,

ALEXANDER T. VOGELSANG,

Acting Secretary. Hon. REED SMOOT, Chairman Committee on Public Lands,

United States Senate.

LIBRARY OF CONGRESS, LEGISLATIVE REFERENCE SERVICE.

STOCK-RAISING HOMESTEADS.

(Digest of 8. 276 as referred to the Committee on Public Lands, August 5, 1919.1

This bill amends sections 4 and 5 of the act of December 29, 1916 (39 Stat. 863) as follows:

(1) Substitution of "within a radius of twenty miles from said existing entry” (p. 1, lines 11-12) for "contiguous” (p. 1, line 10, preceding "lands”).

(2) Addition of proviso (p. 2, lines 3-6).

(3) Substitution of “within a radius of twenty miles from the lands theretofore acquired under the homestead laws” (p. 2, lines 13–14) for “contiguous” (p. 2, line 12, preceding "lands”).

(4) Addition of proviso (p. 2, lines 19-21).

The effect is to permit entry of stock-raising homesteads on land not contiguous to, if within 20 miles of, existing entries of land already acquired under the homestead laws, in case all available contiguous areas have been entered.

O

CONGRESS

HOMESTEAD ENTRY OF PUBLIC LANDS FOR MINORS.

AUGUST 22, 1919.-Committed to the Committee of the Whole House on the state of

the Union and ordered to be printed.

Mr. TAYLOR of Colorado, from the Committee on the Public Lands

submitted the following

REPORT.

[To accompany S. 1729.)

The Committee on the Public Lands, to whom was referred the bill (S. 1729) permitting minors of the age of 18 years or over to make homestead or other entries of the public lands of the United States, having had the same under consideration, respectfully recommend that the bill do pass.

This bill has passed the Senate many times and has been favorably reported by your committee on several different times, in the Sixtythird, Sixty-fourth, and Sixty-fifth Congresses. The Interior Department has repeatedly and, in fact, always favorably recommended this legislation. The report upon this identical bilf, introduced in the Sixty-fourth Congress by Mr. Taylor of Colorado, was as follows:

Your committee submitted this bill to the Department of the Interior, and the Secretary thereof has made the following report thereon:

DEPARTMENT OF THE INTERIOR,

Washington, January 6, 1916. Hon. Scott FERRIS, Chairman Committee on the Public Lands,

House of Representatives. My Dear MR. FERRIS: I have the honor to acknowledge receipt of your request for a report on H. R. 16, a bill to permit minors of the age of 18 years or over to make homestead and desert-land entries on the public lands.

The provisions of the bill are essentially the same as those found in H. R. 13134, Sixty-third Congress, on which the department submitted a favorable report to your committee March 30, 1914. Favorable report had theretofore been submitted on 8. 2419, which proposed to allow entry by such minors under any of the public-land law8. Said bill having passed the Senate, your committee reported an amendment, confining its effect to entries of the character first mentioned, and, as stated, H. R. 13134, Sixty-third Congress, applied to only such entries. The report submitted on 8. 2419 to the Committee on Public Lands of the Senate was as follows:

"In reply to your request for report upon S. 2419, which proposed to permit boys over the age of 18 years, but otherwise qualified, to make homestead entry for public

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