warded with the relinquishment duly executed.-(Commissioner's letter to register and receiver at Monroe, La., of October 18, 1876.)

20. In case of a homestead entry made by a guardian for the minor heirs of a deceased Union soldier, residence on the land cannot reasonably be expected, and if the land is cultivated in good faith it is a sufficient compliance with the law.-(Commissioner's letter to register and receiver at Larned, Kans., of April 9, 1877.)

21. In cases in which final homestead proof is made before the judge, or in his absence before the clerk of a court of record, under the act of March 3, 1877, the register and receiver of the district land office are entitled to the same fee for examining and approving the proof so made as if the proof were taken and reduced to writing by them, for the claimants, under the tenth subdivision of section 2238 of the Revised Statutes, viz, fifteen cents per hundred words.-(Commissioner's letter to register and receiver at Kirwin, Kans., of May 7, 1877.)

22. The act of Congress of March 3, 1877, entitled "An act for the relief of settlers on the public lands under the pre emption laws," is only for the benefit of parties who, having filed pre-emption filings for public land, changed such filings to homestead entries after the passage of the act, and by its terms cannot operate retroactively so as to benefit parties who changed their filings before its passage.-(Commisssioner's letter to register and receive at Sioux Falls, Dak., of May 21, 1877, case of Amos R. Howard.)

23. In the matter of an application to enter, under the homestead laws, certain lauds in Louisiana embraced in private claims, for which no confirmation had been found, it was held to be against policy to have such lands surveyed as public lands in order to render them subject to entry, it being considered that the final disposition of the lands and the relief of parties interested therein is a proper subject for legislative action (Commissioner's letter to Hon. R. L. Gibson, of June 12, 1877.) 24. In the act of Congress of March 3, 1877, which provides that final proof in homestead entries may be made before the judge, or, in his absence, before the clerk of any court of record of the county and State, or district and Territory, in which the lands are situated, the terms "in his absence" refer to the absence of the judge from the county seat or place where the court for the county is held. Where the clerk takes the proof, he should set forth in his certificate to the papers that the case was such as to authorize him to do so under the act; and for this, it will be sufficient for him to certify that the proof was made before him "in the absence of the judge," using the language of the statute.(Commissioner's letter to W. S. Search, of June 29, 1877.)

25. In a case involving the point, it was held that a party may enter, under the homestead laws, eighty acres of double minimum land, ($2.50 per acre,) for the use of an adjoining farm of eighty acres, in like manner as if the entered tract were held at the ordinary minimum of $1.25 per acre, contrary to a former ruling which restricted the entry in such a case to forty acres of double minimum land, estimating the same as double the area in view of the price being double.-(Commissioner's letter to register and receiver at Topeka, Kans., of July 19, 1877, case of William Gregg.)

26. In a case in which a party through error as to his rights made a homestead entry before filing his declaration of intention to become a citizen, but afterwards did file such declaration, it was decided that the entry should be held for final proof to be made, and if it should then appear that the party was duly naturalized, that the final certificate might be issued in the case, in the absence of objection in any other

respect. (Commissioner's letter to register and receive at Kirwin, Kans., August 18, 1877, case of Christian Hey.)

27. In case of soldiers and sailors claiming the right to make additional entries of public land, in person or by agent, under section 2306 of the Revised Statutes, it has been decided, in view of frauds having been perpetrated in connection with such claims, that the parties be required to submit the proof in support of their claims to this office, which shall be examined, and if found satisfactory, the fact certified under the official seal, and the proof, in connection with the certificate, returned to the parties, and that the district land officers allow no entries to be made unless the claims are thus certified.-(Secretary's letter of March 10, 1877; printed circular of May 17, 1877, and manuscript circular of August 22, 1877.)

DECISIONS UNDER THE TIMBER CULTURE LAWS.

1. The fact of there being a few trees growing on a section of public land is not sufficient to characterize the same as timber bearing, and as such to exclude it from the operations of the timber culture laws. In any such case, the application of a party desiring to enter in the section should be forwarded by the district land officers to this office with a full showing of the facts, and on receipt thereof the case would be considered and a decision rendered as to the admissibility of the desired entry.(Commissioner's letter to W. E. Fosnat of June 6, 1874.)

2. A party having entered a tract under the timber culture laws cannot alienate any portion of the same for village or cemetery purposes without vitiating his title to the entire tract.-(Commissioner's letter to O. A. A. Gardner of July 25, 1874.)

3. There is no provision in the timber culture laws for the commuting of an entry. Having made the entry for timber culture, the party can only perfect his title by breaking the soil, and planting and cultivating the trees, according to the provisions of the timber culture laws.-(Commissioner's letter to Adam Windolph of August 17, 1874.)

4. In a case in which there was a stream of water running through the east half of the section, along the banks of which was a growth of "scrub" timber of an area, if in compact form, of from two to six acres, it was held that the land was included in the class of lands subject to timber culture entry.-(Commissioner's letter to register and receiver at Lowell, Nebraska, of October 23, 1874, case of Lampson vs.. Dunham. Decision affirmed by Secretary, April 29, 1875.)

5. The breaking by the timber culture party of the first ten acres, "in strips, 7 feet wide and 12 feet from center to center," would not be considered a satisfactory compliance with the legal requirement. The entire area of ten acres must be broken the first year.-(Commissioner's letter to S. Goozee, of February 11, 1875.)

6. The same rules which govern in homestead contests will be applied in cases in which timber culture entries are contested.-(Commissioner's letter to L. R. Moyer, of March 11, 1875.)

7. In case of a decease of a party who has made a timber culture entry, his heirs or legal representatives may continue the cultivation of the trees, and comply in other respects with the timber culture laws, when they will be entitled to the patent.-(Commissioner's letter to G.. W. Kniss, of September 2, 1875.)

8. There is no provision of law for the repayment of the fee and commissions paid on a timber culture entry, but where such an entry is canceled for illegality, without any wrongful act of the party, a new

entry may be made by him, with credit for the money paid.-(Commissioner's letter to Taylor Flick, of September 27, 1875, case of Ludwig Hartz.)

9. The timber culture act of March 13, 1874, recognizes a contestant as a party in interest, and allows him, if successful in the contest, a preference right to enter the land either under the timber culture or homestead laws. (Commissioner's letter to the register and receiver at Concordia, Kans., of October 30, 1875, case of Kile vs. Wilson.)

10. In a case in which one party made a timber culture entry, and the next day another party filed a pre-emption declaration for the same tract, the latter alleging settlement as of a prior date, it was held that the preemptor's right took effect at date of settlement, and that of the timber culture claimant at date of entry; that the pre-emptor would have to prove his date of settlement before entering, and to give his adversary notice when about to make proof; or that should an affidavit be presented calling in question the alleged date of settlement and compliance with law, and asking for a hearing to be ordered to determine the rights of the parties in interest, it would receive prompt attention.-(Commissioner's letter to Lars Ó. Stroud, of March 27, 1876.)

11. The filing of the application and the affidavit, together with the payment of the fee, are essential prerequisites to the allowance of the entry, and he obtains the priority of right who first complies with the conditions. A verbal application can give no priority under the law, which recognizes only the formal application in writing.-(Secretary's 'letter of May 15, 1876, case of Daymude vs. McNeely, arising in Lincoln district, Nebraska.)

12. The Eucalyptus, or Australian gum tree, is indigenous to warm climates, and is considered well adapted for planting under the timber culture laws on lands situate in the southern part of California.-(Commissioner's letter to Amos Harris, of July 17, 1876.)

13. In case of the contest of a timber culture entry, if the entry is relinquished after the initiation of the contest, the relinquishment of the other party does not defeat the preference right of the contestant to enter as given in the law.-(Secretary's letter of March 19, 1877, case of Sherman vs. Atkins, and Gilbert vs. Vermillion, Larned land district, Kansas.)

14. Where a party applies to enter under the timber culture laws, and his application is held for investigation as to the character of the land, it appearing by the plats to be timber bearing, the application reserves the land for a reasonable time from further disposition to any other claimant, thereby affording the applicant an opportunity to perfect his entry thereof, should it be decided to be properly subject to the operation of the timber culture laws.-(Secretary's letter of July 31, 1876, case of Lamb vs. Reeser, Kirwin land district, Kansas.

15. The rulings of the General Land Office restricting entries under the timber culture laws to "technical quarter sections" have been so far modified as to permit entries of parts of quarter sections, in a compact body not to exceed 160 acres. (Commissioner's letter to register and receiver at North Platte, Nebr., of December 12, 1876, case of Frederick Bran.)

16. A strict compliance with the timber culture law in the matter of breaking, cultivating, &c., is required. The party must perform, or cause to be performed, the act of breaking ten acres of land within a period of one year from date of entry. Breaking done before date of entry cannot be appropriated by the party entering, and be claimed by

him as a compliance with the statute.-(Secretary's letter of December 23, 1876, case of Gepner vs. Miller, Concordia land district, Kansas.)

17. In the case of the death of a party having made a timber culture entry, who leaves a widow and heirs, his rights under the entry go to the heirs and not to the widow, contrary to the rule which prevails in similar cases arising under the homestead laws.-(Commissioner's letter to W. M. Robertson, of March 10, 1877.)

18. The timber culture laws in offering a land bounty for the production of timber on the western prairies had in view, not fruit trees or shrubbery, or trees of subordinate importance, but the object was to encourage the growth of what are known as "timber trees," comprising oak, asb, elm, and such other trees as are commonly used in ship and house building. The osage orange, although it attains a large growth in favorable localities, and is much used elsewhere for hedges, its wood being serviceable also for various purposes, is not of the class com. monly used for building, to encourage the growth of which the bounty is offered, and hence its cultivation would not satisfy the legal requirements.-(Commissioner's letter to J. M. Easter, of April 9, 1877.)

19. Where a tract of public land is entered under the timber culture laws and the entry canceled, the tract is thereafter open to entry by preemption, but subject, if the timber culture entry was contested, to the preference right of the contestant to enter it under the homestead or timber calture laws.-(Secretary's letter of May 28, 1877, case of Tewksbury and Christensen vs. McPeck, New Ulm land district, Minnesota.) 20. For a tract of public land to be subject to timber culture entry the section embracing it must be naturally devoid of timber. No rule can be prescribed as to the number or kind of trees sufficient to give character to a section as timber bearing, and excluded from the operations of the timber culture laws, but cases involving the point must be decided on their merits as they arise.-(Commissioner's letter to C. C. Sprigg, of July 5, 1877.)

21. Where a party enters for timber culture land which was formerly broken up and cultivated, he is not required to do the prescribed breaking on land not before broken, but he may go over the land formerly broken and again break it and prepare it for the reception of the trees, to the extent of area and in the periods prescribed. (Commissioner's letter to David D. Hoag, of July 18, 1877.)

SOUTHERN PUBLIC LANDS.

Congress, on the 22d June, 1876, passed an act repealing section 2303 of the Revised Statutes of the United States, which coufined the disposal of the public lands in the States of Alabama, Mississippi, Louisiana, Arkansas, and Florida to the provisions of the homestead laws. It also provided that the public lands affected thereby should be offered at public sale, as soon as practicable, from time to time, and according to the provisions of existing law, and that they should not be subject to private entry until they were so offered.

In carrying this law into effect, five presidential proclamations have been issued for offering at public sale the lands in the several land districts in the State of Arkansas. These proclaimed offerings to take place as follows: On the 1st October, 1877, at the district land office at Harrison; on the 22d of the same month, at the district office at Little Rock; and on the 4th February, 1878, at the offices at Camden, Little Rock, and Dardanelle, respectively.

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Preliminary to issuing the proclamations it was necessary to make lists of the lands, and subject the same to careful examination in counection with the records of this office and of the district offices, to ascertain the true condition thereof, with the view to exclude from the offerings any not vacant and unappropriated.

This was a work of some magnitude, the lands aggregating about nine million acres.

Proclamations will be issued and offerings authorized as soon as practicable for the sale of the public lands in the other States named, according to the requirements of said act.

SOLDIERS' ADDITIONAL HOMESTEADS.

In consequence of frauds having been committed in making soldiers additional homestead entries under section 2306 of the Revised Statutes, as related in my last annual report, page 119 et seq., regulations have been established to prevent similar frauds hereafter, by which, where the claims were actually in the hands of agents or attorneys at the date of my circular of May 22, 1876, in regard to this class of cases, and still remain in their hands, the same will be recognized, but to this end: The papers held by agents or attorneys must be forwarded to this office, in order that a critical examination of the same may be made, upon which, if found admissible, they will be returned to the proper parties duly certified as to their sufficiency, and may thereafter be accepted by registers and receivers when presented for location.

If it shall appear that the party has already used his additional homestead privilege, or if, from any other cause, the right cannot be admitted, the parties will be promptly advised of the facts in each case.

Where the rights yet remain in the hands of the parties originally interested, which have never been presented for satisfaction or made the subject of transfer or agency, the regulations require that a full recital of military service be presented to this office, with due proof of the identity of the party making the claim, and with proper reference to his original homestead entry, giving the name of the district office, date and number of entry, and description of the land. In addition, a detailed statement, under oath, must be filed by the party in interest, setting forth the facts respecting his right to make the entry, and containing his declaration that he has not in any manner exercised his right, either by previous entry or application, or by sale, transfer, or power of attorney, but that the same remains in him unimpaired. He must also declare, under oath, that he has made full compliance with the homestead law in the manner of residence upon, cultivation and improvement of, his original homestead entry; and should further recite whether or not he has proved up his claim and received a patent for the land.

When these papers are filed and examined, they will, if found satis factory, be returned, with a certificate attached recognizing the right of the party to make additional entry under the law; and when presented with a proper application at any district land office, either by the party entitled or his agent or attorney, they will be accepted by the register and receiver, and forwarded with the entry papers to this office in the usual manner.

In this office special proceedings are provided for in relation to all cases of this kind to be passed upon, which must secure the most careful examination and the detection of any error or intended fraud.