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the amount due under said act on December 1, 1931] no extension of time shall be granted to any homesteader or purchaser who fails to pay interest in advance on the total amount involved at the rate of 5 per centum per annum, and to file an affidavit corroborated by affidavits of two persons setting out his inability to pay the amount required by existing law.
The amendment to the bill is suggested by the Secretary of the Interior in his letter to the chairman of the Public Lands Committee under date of January 12, 1932. This letter is herein set out in full for the information of the House.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, January 8, 1932. Memorandum for the Secretary.
Reference is had to the request of Hon. John M. Evans, chairman Committee on the Public Lands, House of Representatives, for a report on H. R. 489, entitled “A bill to amend the act of April 25, 1922, as amended, entitled 'An act authorizing extensions of time for the payment of purchase money due under certain homestead entries and Government-land purchases within the former Cheyenne River and Standing Rock Indian Reservations, North Dakota and South Dakota.'
The bill bears the same title as S. 1857, on which this office submitted a memo randum on December 28, 1931, which was concurred in by the Commissioner of Indian Affairs, and transmitted by the Secretary on January 4, 1932, to the Hon. Charles L. McNary, chairman Committee on Agriculture and Forestry, United States Senate.
H. R. 489 authorizes the Secretary of the Interior, in his discretion, to allow extensions of time for payment to any entryman or purchaser of ceded Cheyenne River and Standing Rock Indian lands, who is unable to make payment as required by the act of March 31, 1928 (45 Stat. 400), as amended, not to exceed two years in addition to the extensions now authorized by law provided that no extension shall be granted without payment of interest for one year in advance upon any installment or installments so extended.
No mention is made in the bill of the rate of interest to be collected. Neither is there any requirement as to proof of the claimant's inability to make payment. It is the opinion of this office that each person seeking an extension should be required to file an affidavit setting out his inability to make the payment required by existing law and that this affidavit should be corroborated by the affidavits of two persons having knowledge of the facts.
Accordingly, it is suggested that the proviso be amended by striking out everything after the word "Provided:” in line 2, page 2, and substituting therefor the following: “That no extension of time shall be granted to any homesteader or purchaser who fails to pay interest in advance on the total amount involved at the rate of 5 per centum per annum, and to file an affidavit corroborated by the affidavits of two persons setting out his inability to pay the amount required by existing law." This is the same proviso that was suggested in my memorandum on S. 1857.
If amended as suggested this office knows of no objection to the enactment of the proposed legislation.
C. C. MOORE, Commissioner. O
AUTHORIZE THE CONVEYANCE OF LAND TO THE STATE
FEBRUARY 9, 1932.—Committed to the Committee of the Whole House on the
state of the Union and ordered to be printed
Mr. Nolan, from the Committee on the Public Lands, submitted the
(To accompany H. R. 5603)
The Committee on the Public Lands, to whom was referred the bill (H. R. 5603) to authorize the conveyance by the United States to the State of Minnesota of lot 4, section 18, township 131 north, range 29 west, in the county of Morrison, Minn., having considered the same, report it favorably to the House with the recommendation that it do pass without amendment.
This measure proposes to grant this land to the State of Minnesota for military purposes.
A provision is also made whereby the lands revert to the United tates should the State cease to use them for the purpose designated in the bill.
The bill has the recommendation of the Secretary of the Interior and appears in his letter to the chairman of the Public Lands Committee under date of January 28, 1932. This letter is herein set out in full for the information of the House.
THE SECRETARY OF THE INTERIOR,
Washington, January 28, 1932. Hon. John M. Evans, Chairman Committee on the Public Lands,
House of Representatives. My Dear Mr. ChairMAN: In compliance with your request of January 19, for a report on H. R. 5603, which is a bill that would authorize the conveyance by the United States to the State of Minnesota of lot 4, section 18, township 131 north, range 29 west, in the county of Morrison, Minn. I transmit herewith a memorandum on the subject that has been subunitted by the Commissioner of the General Land Office. After a review of the proposed measure, I agree with the commissioner. Very truly yours,
Ray LYMAN WILBUR, Secretary.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE, Washington, January 25, 1932:
MEMORANDUM FOR THE SECRETARY
H. R. 5603 proposes to authorize the conveyance by the United States to the State of Minnesota, for military purposes, of lot 4, sec. 18, T. 131 N., R. 29 W., fifth principal meridian, in the county of Morrison, Minn.
The land in question was formerly a part of the Fort Ripley Military Reservation and was turned over to this department and restored to homestead entry in accordance with the act of April 1, 1880 (21 Stat. 69).
An examination of the records shows the land to be vacant and subject to entry and no objection appears to the enactment of the bill into a law.
C. C. MOORE, Commissioner.
VALIDATING CERTAIN APPLICATIONS FOR AND ENTRIES
OF PUBLIC LANDS
FEBRUARY 9, 1932,-Committed to the Committee of the Whole House and
ordered to be printed
Mr. Evans of Montana, from the Committee on the Public Lands,
submitted the following
(To accompany H. R. 7674)
The Committee on the Public Lands, to whom was referred H. R. 7674, validating certain applications for and entries of public lands, and for other purposes, having considered the same, report it favorably to the House with the recommendation that it do pass without amendment.
This legislation was introduced at the request of the Secretary of the Interior. A letter transmitting a draft of the bill is herein set out in full for the information of the House and fully explains the facts pertinent to the proposed measure.
DEPARTMENT OF THE INTERIOR,
Washington, January 12, 1932. Hon. John M. EVANS, Chairman Committee on the Public Lands,
House of Representatives. MY DEAR Mr. Evans: I have the honor to submit herewith for your consideration and introduction draft of a proposed bill for the relief of certain applicants for and entrymen of public lands whose cases I am unwilling to dispose of without directing the attention of the Congress briefly to the following facts which, in my judgment, entitle them to the relief proposed:
On June 3, 1930, Edward L. Dailey, of Priest River, Idaho, applied (Coeur d'Alene 013240) to make entry under section 7 of the enlarged homestead act of June 17, 1910 (36 Stat. 531), for E. 2, SW. 74, SW. 74, SW. %, S. 2, NW. 44, SW. 44, S. 42, N. 2, NW. 44, SW. 44, NE. 4, NE. 4, NW: 14, SW74, SE. YA, SE. Y, NW.14, and S. SW.), SE. , 'NW. , sec. 24, T. 57 N., R. 5 W., Boise meridian, Idaho (167.50 acres), as additional to a homestead entry in western North Dakota embracing 160 acres perfected by 5-year final proof in July, 1912. Prior to purchasing the relinquishment of a former entry embracing the land he consulted the register of the Coeur d'Alene land office, who advised him that he could make entry therefor under the enlarged homestead act if the land was nonirrigable. Dailey thereupon paid more than $400 to the prior entryman for this relinquishment, and with his wife and seven children established residence on the land immediately after filing his application. No action on the application was taken until December 15, 1930, when the Commissioner of the General Land Office held that claimant's former entry exhausted his homestead right. Prior thereto Dailey had made extensive improvements on the land, which is within the limits of the Kaniksu National Forest, restored to entry under the provisions of the act of June 11, 1906 (34 Stat. 233). The tract applied for is of the character contemplated by the enlarged homestead act, as is the land in Dailey's original entry.
On November 8, 1926, Eugene Johnson made homestead entry for a tract embracing 159.99 acres in the Santa Fe, N. Mex., land district, upon which final proof was submitted December 27, 1929. In said final proof claimant stated that he had made a prior homestead entry embracing 160 acres in Oklahoma, on which he submitted final proof in 1900, on which patent thereafter issued; that he did not mention this fact at the time of making the entry in question as he was advised and so understood that such prior entry did not exhaust his homestead right. Upon consideration of same, the Commissioner of the General Land Office, by decision of August 9, 1930, found that as disclosed by the records this claimant had made such former entry on November 11, 1893, upon which final proof was submitted December 31, 1900, and on which patent issued February 28, 1903; that while the proof offered in support of the second entry showed very substantial compliance with the requirements of the homestead law, yet claimant had exhausted his homestead right by making and perfecting such prior entry, and accordingly held the entry in question for cancellation. In support of his appeal therefrom, claimant again urged that he was advised that his prior entry did not exhaust his homestead right and after the allowance of his second entry he placed very substantial improvements on the land, where, with his family, he has maintained continuous residence for more than three years, and that he can ill afford to lose the money he has expended in the improvement and cultivation of the land. In view of the above, the department, by letter of April 18, 1931, advised claimant that while the adverse decision of the Commissioner was warranted under the law, considering the equities involved, and the showing made upon appeal, action on the case would be suspended with a view to recommending legislative relief authorizing the acceptance of the final proof and the issuance of patent thereon upon payment therefor at the rate of $1.25 per acre.
On March 17, 1928, John Arambel filed application to have a tract embracing 80 acres in the Evanston, Wyo., land district, ordered into market and sold at public auction, under the provisions of section 2455 of the Revised Statutes, as amended. This application was rejected by the Commissioner of the General Land Office because the land involved was at that time included in Wyoming segregation list No. 35, under the Carey Act. This list, however, was later relinquished and canceled of record on October 2, 1929, and the land thereafter became a part of the public domain, subject to appropriate disposition on February 4, 1930. On February 18, 1930, this claimant filed a second application to purchase the tract and as it has been appraised by an examiner of the General Land Office under the original application as being of the value of $3 per acre, the register issued appropriate notice for publication, and the land was sold on April 11, 1930, to this claimant at the appraised price, on which date cash certificate issued. By decision of December 6, 1930, the Commissioner of the General Land Office held that the action of the register in issuing such notice and in selling the land was erroneous, as no sale thereof had been ordered by the commissioner, and also because of the fact that the examiner's report indicated that a greater portion of the land was not too rough for cultivation or of the character which may be sold under the first proviso to section 2455 of the Revised Statutes, as amended. Accordingly, he held the application for rejection and the cash certificate for cancellation.
In support of his appeal to the department therefrom claimant urged that before receipt of that decision he had placed valuable improvements on the tract which adjoined other land owned by him; that these improvements consisted of a well, granary, house, corrals, troughs, and other substantial improvements valued at $2,693.50; that the character of these improvements was such that their removal would result in a complete loss, and without offering any chance for salvage; that he had acted in good faith throughout, complying with every requirement of the local officer, and urged at least that he be given patent for that part of the land on which these improvements were located. By decision of July 11, 1931, the department held that as the action of the commissioner was warravted under the law there was no authority to grant claimant's request,