Show MUST FARM OR SUPERVISE land under enlarged homestead ad act residence not required but they must farm the land personally or by proxy was washington hington sept 1 I salt lake men nho ho desire to tike take up land under the smoot enla enlarged raed hon eted e ted act can do 0 o ind and live in salt lake it 11 they can farm the land or can personally perso nilly supervise e iti cultivation if they cannot do that then the must let go of the land or gt g t ellae enoile to it t farm it frank pierce acting see sec retard of the interior his mide made this decision in a letter to senator reed smoot of utah for some time official interpretation of the liw law his been sought de fining how close to his claim it is nc necessary essary for a homesteader to reside men who had entered upon land under the terms of the enlarged homestead act hesitated to go ahead with improvements proved prove ments ants until this vital question was settled senator smoot breed the department to make a ruling and this has been done acting secretary announcer ed d that no hard and fast rule as to distance or time required for each claim will be laid upon that h homesteaders aders who them themselves selve 8 farm t their heir land or who personally personal y supervise cultivation of it will be considered as complying with the act no matter how far the distance they may reside that if they do not personally farm or supervise the cultivation of their claims they must reside near enough to their claims to make it possible for them to comply with the law a W in his bis letter to senator smoot acting secretary pierce says in the regulations issued by the department for the guidance of registers ind and ec eivers in the administration of this law it was stated that no attempt would be mad at that time to determine how far from the land an would be allowed to reaid as it was believed belie ed that a croper determination rf ef that quentio que stio would depend upon the I a of each ease case the department la 11 ui u i able to find in the language lansu age of he r any authority or tion lion for an arbitrary rule I 1 lol a definite distance from the land within w which ic h s such u ch an entrain must re reside ide or to 0 h X a de oriol r 3 0 of f tune time within bo w which aich he must be a able b ae to reach this claim aa it believed as 33 stated in the ile regulations thit eich cae ca e hould be d decided aided upon jtb own onn r nerita when then acquill ket actu ill i resented to the alp betit upon final proof protect ur or contest con through the beaular official channels however Ho weier I 1 think it is croper to qt it ite that the entry provided for by till this law is 13 a homestead home enari it 11 so declared arcil in the fatute tati ite and the is 13 required to po poe boea e q the of a homesteader notwithstanding the fact that the fotr men man is 13 excused from actuel ac tull L ing on the lard pi 01 nevertheless the lift lan bequir re quira thit that 1 e shall reside such distance dl tinee from it as will ill enable emble him to fa ferrn r m the lame ame ai a required renu reou ired b bi tn anis S see sec tion it t is believed that congress used thi this language langu aze aue and that hit it was intended thit that te himself should pr pT p r onalI firm the land or personally supervise such farming otherwise ise the we ue of the lin guage ed by congress congre b h hia t no meaning whatever what eier therefore if i an per par bonalli conall farms the land entered or 01 es ane cultivation and improvement of the same the de will nut nul inquire aa 3 to this pirla of residue rice because the fact that he literally literal ly complies co m e s with w ith the require requirements menta 0 of th the e s statute t atu te will obviate the nece necessity sity of a to his place of abode if on an the other hand an does not farm the land or peron personally aliv sure vise the cultivation thereof there cf his of residence respecting respert eting nii ohp distance from the land will be con coni derel for the purpose of determining whether or not he is 13 by it of his of re residence reri iden dence e unable to amply i with the requirements of the law the cae ca e under dt di cuidon it anit be st stated ted that if b reason of rei residing iding in ta the e cit of salt like he is not prevented from conj arja with the of the statute as understood there would seem eem to be no reason reabon wh objections should be offered to his place of residence if on the other hand he is unable to comply with th tint it provision of the law which requires hira him successfully ces cess fully to farm the land and as stated above this means that he sall 91 either personally do the work or personally perio nally supervise it it will be ne cesary either for him to relinquish hii claim or to change his plaze of residence |