The gazette-times., December 19, 1918, Page PAGE SEVEN, Image 7

THE GAZETTE-TIMES. HKI'PNER, OREGON. THCR8DAV, DECEMBER 19, 1018.
PAGE SEVK
OR SOLDIERS CAN TAKE UP LAND AF
TER
ENLISTMENT IF CARE TO
FILE THEN
Department of the Interior,
General Land Office,
Washington, D. C, Oct. 9, 1918.
Registers and Receivers,
United States Land Offices.
Sirs: Section 8 of the act of Con
gress of August 31, 1918 (Public
211 reads as follows:
"SEC. 8. That any person, under
the age of twenty-one, who has
served or shall hereafter serve In
tho Army of the United States dur
ing the present emergency, shall be
entitled to the same rights under the
homestead and other land and miner
al entry laws, general or special, as
those over twenty-one years of age
now possess under said laws: Pro
vided, That any requirements as to
establishment of residence within a
limited time shall be suspended as
to entry by such person until six
months after his discharge from
military service: Provided further,
That applications for entry may be
verified before any officer In the
United States, or any foreign coun
try, authorized to administer oaths
by the laws of the State or Territory
in which the land may be situated."
The joint resolution of Congress
(Public 41). approved September
i: , "118, an: referring to the above
provision, reads as follows:
- "That no relinquishment of any
public-land entry made under or by
authority of section eight of the act
of the Sixty-fifth Congress, Becond
session, entitled 'An act amending
the act entitled "An act to authorize
the President to Increase temporally
the Military Establishment of the
United States," approved May 18,
1917,' shall be valid or effectlvg ,for
any purpose unless executed aftef
tho entryman shall have actually
resided upon and cultivated the land,
In the case of a homestead entry, for
at least six months, and in the case
of an entry made under other than
the homestead laws, after the entry
man shall have complied with the
provisions of the applicable law for
at least one year.
"Any person, firm, or corporation
soliciting or dealing with the relin
quishment of such claim or entry
prior to the completion of compliance
with the applicable law and with this
resolution, and who or which solicits,
demands, or receives or accepts any
fee or compensation tor locating,
filing, or securing the claims or
entries for persons entitled to the
!""icfits of bald section shall, upon
conviction, bp fned not to exceed
$1,000 or Imprisoned for not exceed
ing two years, or both."
2. Said section 8 of the act of
August 31, 1918, confers the right
of entry under any of the agricul
tural or mineral public-land laws
I upon persons under the age of 21
other ptrson who states that he is
himself familiar therewith; but this
will not be received as sufficient
unless the affiant deposes that his
statement is made at the request of
the applicant; that he has not
solicited, demanded, received, or
been promised, nor intends to re
ceive, a fee or compensation of any
nature for his assistance In securing
allowance of the claim or entry.
5. The act does not exempt an
teat
who have served, or shall hereafter ' "Pi""" m ,u.u.. ol .
. ! ular fee and commissions chargeable
serve, In the Army of the United tQ Qther ai)plicants; a8 to that
States during the present war, in 1 matter, you will treat the filings like
the same manner as they could have other applications,
made entry if over that age. This' For the information of prospec
right is conferred only upon persons tive applicants it may be stated that
who have been actually mustered the fee and commissions on a. 320
Into the service and who are under acre entry under the enlarged horae
21 years of age at the time their stead act amount to 22 in mast
applications are executed. ut the States, or to $34 where the
A drafted man is regarded as lands are within the granted limits
serving In the Army from the time of Government-aided railroads; the
he reports for ehtralnment; a man in amount due on a stock-raising home
tho Officers' Reserve Training Corps stead application for 640 acres is
from the time of his admission. j $34, or $58 under the circumstances)
This department is of the opinion jjast mentioned,
that the expression "the Army of the ; fi A person making a homestead
United States," as used in section 8 entry pn(lol. this act lg entitled to tho
of the act, includes the Navy and betlPnla of fhe act 0f Congress of
Marine Corps, and that construction Juy 28i lgl7 (40 stat 248). That
will stand unless Congress shall act vroyea that a homesteader shall
otherwise direct. ,have nls military services construed
3. An application for entry by a ag eqnivaent t0 residence and culti
person coming within the meaning vatlon or the game iength of time
of the law may be executed at any upon the tract entered, and that if
place where he Is located, whether he be discharged on account of
it be In a State, Territory, or district wounds received or " disability in
of the United States, or In a foreign curred jn tue nne 0f duty the entire
country. It may be executed before tem of h,8 enlIstment' shall be thus
any officer whose - authority to counted; ais0, that no patent shall
administer oaths is recognized by the ,Bgue tQ any homesteader who has
laws of the State or Territory In not regided uponi improved, and
which the land sought is situated. cultlvated the land for at least one
These laws differ, and it will not be yearj but he ,8 enttled to the five
attempted here to give a synopsis ot months' absence privilege like other
all of them. An examination oi uie homesteaders during each year's
State laws leads to the conclusion re8Qencei which he may be required
that they all recognize affidavits t0 ghow It provideg, further, that
executed in any part of the United ,f a homesteader dies while actually
States before a notary public or the engaged tn the military or naval ser-
clerk of a court of record, and those ylce ot the utted States his widow,
executed outside of this country be- J( unmarriedi 0r (if she be married)
fore a notary or before any dlplo- hig orphan children, or their
matic or consular officer of the ,egaI representatives may forthwith
United States. ; mai5e pr0of upon his entry.
4. An appflcanf claiming thei A pergon making a desert-land
benefits of said section miiBt execute entry under this act Ms entitled to
an application for entry on the tne benefits of the act of Congress of
ordinary prescribed form; but. whore August 7, 1917 (40 Stat., 250).
ho has not examined the tract sought, Therefore, such an entry will not be
there should be omitted from the gUDject to cancellation for failure to
form so much as refers to personal expend per acre In improvements
examination ot, or acquaintance UI)on the claim, or to effect its re
lth, tho tract, and recites the ap- ciamation, during the period of his
pllcant's knowledge as to its char- gervjce and until six months there-
acter (nonmineral, nonirngaoie, after and the time for complying
etc.) For example, there should be wltn tne jaw j8 extended for' a
stricken from an application for en- perjod equal to that of said service,
try under the enlarged-homestead Tnlg reileI jg conditioned, however,
act all that part of the form begin- utfon hlB flnng jn the land office,
nlng with the words "that I am well wIthll, gw months after he
acquained with the character of the mUBtered into the service, a notice
land" and ending with "it is not ot ntg muster in and of his desire to
susceptible of successful irrigation, 0jd tne degert claim under said act
; etc. I 7. The soldier will not be required
I In such cases there must accom- t0 establish residence upon the land
pany the application an affidavit set- . nis homestead entry until six
ting forth the facts as to the char- months after his discharge from mil
acter of the land, executed by some jtary service. No contest against
the entry will lie on the ground of
failure' to establish residence until
the exDiration of that period, and
the time elapsing before such dis
charge from the service will not be
counted on the statutory life of tiie
Morrow County
I will be in the market for all classes
of wheat at all times during the coming
season, prices based on government
inspection slips. Bags and harvesting
supplies at market prices.
PHILL COHN
I S. The joint resolution above 3et
forth provides for imposition of a
fine rf TJt exceeding $1,000 or im
prisonment for not exceeding two
yturs. or both, npon any person, firm,
nr . i :.iratiou which solicits, de
mands, receives, or accepts any fee
!or Lviiipensntion (whether ft be in
I money or in other value) for lo
cating, filing or securing any claim
or entry for any person entitled to
the benefits ot section 8 of the act
of August 31, 1918. It is desired
that if there be violations of this
'prohibition they be promptly brought
to the attention ot the General Laud
Office or the Chief of Field Division,
to the end that immediate steps be
taken to stop such illegal practices
and to bring the offenders to justice
Moreover, the attention of the sol
diers is very strongly directed to the
fart that any one of them who pays
or promises compensation of any
kind for securing an entry, even
though it be merely by the grant of
gracing privileges, will ty co,i::nini?
at the breach of a law which Con
gress enacted for tne protection not j
only of the sulci iers but of the gener
al interests in the public domain. As
above shown, It will frequently be
necessary for some person to execute,
on behalf of the applicant, an
affidavit regarding the character of
the land; but this must in all cases
be done by a relative or by some
other person who is willing to afford
the service without compensation.
The clear purpose of the act Is to
gie soldiers under the age of L'l
ati opportunity to hol.1 a homestead
or omer iana claim ror tneir own ;
personal benefit, but not for specula-,
tic.n on the part either of themselves
or of others. !
9. The resolution provides that no j
"i ;h'iu-rit. of an ent'ry inade;
under the act In o.uestion shall be
valid unless executed after the entry- j
mar. shall have renidfld upon and
cultivated the land covered by a
homestead entry for at least six!
ni.ir,tli nr. na tr, nthpr chicypc nf!
claims, until lie shall have complied
with the provisions of the applicable
law for at least one year. More
over, It provides that 'any person, '
firm, or corporation soliciting or!
dealing with the relinquishment of!
such claim or entry, prior to the
completion of one year's compliance
, with the applicable law and with the
resolution, shall be subject to the
punishments above mentioned. Ac
cordingly, the registers and receivers
. are instructed not to make on their
records any notation regarding re
1 celpt of a relinquishment of an
. entry made under the act of August
; 31, 1918, unless it shall be made to
appear through the affidavit of the
.entryman, corroborated by those of
two witnesses, that the above con
ditions have been complied with;
and soldiers are warned not to
execute relinquishments of their en
tries prior to the arrival of the time
Indicated.
In case of death of the entryman
the entry will be subject to relin
quishment by his widow, heirs, or
devisees, as the case may be, under
the following conditions:
(a) If a homestead, not until after
the expiration of six months from the
date of his death, If he had establish
ed residence on the land, or at any
time after the expiration . of six
months from the date residence was
established by him.
(b) If any other class of entry,'
not after the applicable law has been
complied with for at least one year, j
As in case of relinquishment by I
the entryman, such relinquishment!
must be supported by affidavit, duly j
corroborated, establishing the ma
terial facts.
Very respectfully,
CLAY TALLMAN,
Commissioner.
Approved:
ALEXANDER T. VOGELSANG,
First Assistant Secretary.
James E. Bannon Influenza Victim.
James E. Bannon, well known
traveling man in this state, and a
resident cf Pendleton for i lie past
eight years, died last night at Ills
resilience on J.ili street after. a short
illness of Spanish b'u::::i.
Mr. Bannon, whu'was 40 tiyara of
age last iu'ay, was a representative
f the Russell ft Cl.'y rt c--m;:any,
and also of Gray Br ,thers of Spo
kane. He is survived by Mrs.
Bannon, fcur childrsn, Jimmy, aged
7; Agnes, aged 6; Oarles, at'd 4,
and Mary aged 18 nnntlia, and one
sister, Mrs. R. G. tiravenor , ot
Brooklyn, New York.
He was a member of the Catholic
church, and of the Elks lodge of
Pendleton. Fridafs E. O. Mr.
Bannon was well known In lleppner,
where he lias been coming for many
years past'and calling on the business
men of the city.
I? anaaatm sxkw - I
II srXl
f
OUR GROCERY DEPARTMENT 13 COMPLETE
i
u
a
(
ft
Besides full lines of Staple and Fancy Groceries, H
nnt.p. t.TiA fnllriTOino" Cf.
' "C'i' "CVa VAJf VVkl! W.Tilt WJI &J1 A. mi CSJ- VM' VS.- WCUEf vk? mtMJri-n-lZTy-Zi? 2 U.T ---.
Only 10 Shopping Days
Till
Christmas
IN PLANNING THAT
CHRISTMAS DINNER
Remember we have a complete and fresh stock to choose from
FRESH FRUITS AND VEGETABLES
FANCY CANNED FRUITS AND VEGETABLES.
PRESERVES, JAMS AND JELLIES.
NUTS, POP CORN AND CANDY.
N. B. Candy can only be secured in limited quantities this year
PhelpsGroceryCompany
Shopte S
I
M. E. Bundy, young farmer of
Lexington, was a pleasast caller at
this office while in town on Saturday
last.
BRITISH WEDDING
BELLS AGAIN RING
I
The wedding bells are ringing
again in England. Returning
Tommies and their officers are
leading blushing brides to the
altar. Miss Flora Petersen, sister
to the wife of the earl of Wilton
is to be married within the month
to Colonel W. M. Dugld-McComble
of the Royal Scots ureys, is wo.
Fancy Pack Hood River Apples
Florida Grape Fruit
New Crop Fancy Oranges if
Nuts Raisins, Cranberries, Bulk Candies, Choice
Mince Meats, Sweet Potatoes, Bananas, etc.
Full Stock of Butter Creek Honey
NONE BETTER.
Let us serve you for the Holiday Season in this line.
The radical
Christmas Gift
UfHY NOT open a Savings Account for
t39 that boy or girl for Christmas f Any
amount will do it here at the Fanners &
Stockgrowers National Bank and not only the
kiddy's future, but your own thoughtful thrift
will be represented by such a gift.
Remember we pay a liberal
rate of Interest on Savings.
FARMERS & STOCKGROWERS
NATIONAL BANK
Heppner Oregon
Corona Wool Fat
Compound
(FOR MAN OR BEAST)
Thrush, Grease Heels, Horses' Hoofs,
Cows' Sore Teats.
The above ami many other afflictions successfully
treated with this ointment. A good article
to have about the barn.
PUT UP IN 50c AND $1.00 SIZE TINS.
Heppner Farmers Elevator
Company
B&M&tml ,atCSt ann0Uncement
j- Mr.