Chapter 29. Validating certain applications for and entries of public lands, and for other purposes
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CHAP. 29.— An Act Validating certain applications for and entries of public lands, and for other purposes. January 27, 1921. [[S. 3994](/us/bill/66/s/3994).] [[Public, No. 299](/us/pl/66/299).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * Public lands.Patents for homestead entries authorized. That the Secretary of the Interior be, and he is hereby, authorized to issue patents upon the entries hereinafter named upon which proof of compliance with law has been filed:
Adjoining farm homestead entry, Eureka, California, numberedWarren Henry Leach. naught two thousand one hundred and eighty-eight, made by Warren Henry Leach on February 19, 1914, for a tract of land containing one hundred and thirty-seven and seventy-seven one-hundredths acres, described by metes and bounds, within sections two and thirty-five, townships thirty and thirty-one north, range eleven west, Mount Diablo meridian. Homestead entry, Timber Lake, South Dakota, numbered naughtCharlotte Strommer. five thousand and twenty-three, made by Andrew W.
Strommer on March 27, 1911, for the northeast quarter of section nine, township twelve north, range nineteen east, Black Hills meridian, such patent to be issued to Charlotte Strommer. Homestead entry, Glasgow, Montana, numbered naught thirty-sixElizabeth H. Boucher. Enlarged homestead Fort Peck, Mont., ceded lands. Vol. 35, pp. 558, 639. thousand four hundred and three, made by Elizabeth H. Boucher on June 7, 1916, under the Acts of May 30, 1908 (Thirty-fifth Statutes at Large, page 558), and February 19, 1909 (Thirty-fifth Statutes at Large, page 639), for the southeast quarter of section fifteen and the southwest quarter of section fourteen, township thirty-one north, range forty-six east, Montana principal meridian.
Homestead entry, Sterling, Colorado, numbered naught sixteenAmelia P. Clark. Enlarged homestead. thousand three hundred thirty-five, made by Amelia P. Clark on August 14, 1911, under the Act of February 19, 1909 (Thirty-fifth 1091 Statutes at Large, page 639), for lots six and seven, and the east half of the southwest quarter and the southeast quarter of section six, township eleven north, range fifty-seven west, sixth principal meridian. Sec. 2. That the Secretary of the Interior be, and he is hereby,Patents authorized. authorized to issue patent to the party named, and for the lands described, as follows:
Robert W. Stroud, for the southwest quarter of the northwestRobert W. Stroud. quarter, section twenty-six, township one hundred and fifty-one north, range one hundred and three west, fifth principal meridian, in the State of North Dakota, upon the payment of $1.25 per acre within six months after the approval of this Act. Jennie Dunphy Meyer, for the following-described lands: The northJennie Dunphy Meyer. half of the northeast quarter and the south half of the northwest quarter of section ten, township thirty-three north, range forty-seven east, Mount Diablo base and meridian, in the county of Lander, State of Nevada, upon the payment in advance therefor to the Secretary of the Interior tor the Government of the United States of the full sum of $2.50 per acre for such lands, which patent shall confirm the conveyanceState conveyance confirmed. of such lands to the said Jennie Dunphy Meyer by the State of Nevada: *Provided, *That proper application for the purchase of*Proviso.* Conditions. these lands be filed hereunder in the district land office within six months from the passage of this Act, and that no adverse claim thereto be officially of record as pending when the application is allowed and the sale consummated.
Sec. 3. That the entries hereinafter named be, and the same areHomestead entries validated. hereby, validated, and the Secretary of the Interior authorized to issue patents thereon upon submission of satisfactory proof of compliance with the laws under which such entries were allowed: Additional homestead entry, Helena, Montana, numbered naughtCharlotte Daniels. Noncontiguous land. Vol. 39, p. 344. seventeen thousand two hundred and nineteen, made by Charlotte Daniels, widow of Hugo Peter Weirig, deceased, on April 16, 1918, under section 7 of the Act of July 3, 1916 (Thirty-ninth Statutes at Large, page 344), for lots four and five, section three, township eight north, range one west, Montana principal meridian.
Homestead entry, Miles City, Montana, numbered naught thirty-sixBenjamin B. Gross. Enlarged homestead. Vol. 35, p. 639. thousand eight hundred and forty-two, made by Benjamin B. Gross on March 14, 1917, under the Act of February 19, 1909 (Thirty-fifth Statutes at Large, page 639), for the north half of the north half, section thirty-two, northeast quarter of the northeast quarter, section thirty-one, south half of the southwest quarter and northwest quarter of the southwest quarter, section twenty-nine, township two south, range sixty east, Montana principal meridian.
Homestead entry, Glenwood Springs, Colorado, numbered naughtRoseberry G. Ridgway. thirteen thousand two hundred and thirty-four, made by Roseberry G. Ridgway on October 9, 1917, for the south half of the southeast quarter, section thirty-two, township ten north, range ninety-one west, and the northeast quarter and north half of the southeast quarter, section five, township nine north, range ninety-one west, sixth principal meridian. Homestead entry, Glasgow, Montana, numbered naught forty-eightJohn H.
Cavanaugh. Enlarged homestead. Vol. 35, p. 639. thousand two hundred and twenty-six, made by John H. Cavanaugh on July 6, 1917, under the Act of February 19, 1909 (Thirty-fifth Statutes at Large, page 639), for the east half of the northwest quarter and the west half of the northeast quarter, section eighteen, township thirty-three north, range fifty east, Montana principal meridian. Homestead entry, Buffalo, Wyoming, numbered naught eightDonald Thompson. thousand eight hundred and twenty-nine, made by Donald Thompson on October 18, 1916, for the west half of the southwest quarter, sec-1092tion three, and north half of the northwest quarter, section ten, township fifty-three north, range seventy-nine west, sixth principal meridian.
Homestead entry, Durango, Colorado, numbered naught sevenMary A. Reim. thousand six hundred and forty-eight, made by Mary A. Reim on May 28, 1918, for the northwest quarter of the southeast quarter, east half of the southwest quarter, southwest quarter of the southwest quarter, section thirteen, and west half of the northwest quarter, section twenty-four, township thirty-six north, range fifteen west, New Mexico principal meridian: *Provided, *That it be duly noted that*Proviso.*Coal deposits reserved.Vol. 36, p. 583. this entry is made in accordance with and subiect to the provisions and reservations of the Act of June 22, 1910 (Thirty-sixth Statutes at Large, page 583), as to the east half of the southwest quarter and the southwest quarter of the southwest quarter of section thirteen.
Homestead entry, Glenwood Springs, Colorado, numbered naughtLadernia N. Lucore.Enlarged homestead.Vol. 35, p. 639. fourteen thousand and ninety-seven, made by Ladernia N. Lucore on May 10, 1918, under the Act of February 19, 1909 (Thirty-fifth Statutes at Large, page 639), for lots three and four, section one, and lots one, two, three and four, and south half of the northeast quarter, section two, township ten north, range ninety-three west, sixth principal meridian. Homestead entry naught thirteen thousand seven hundred andGustavus F.
Gallagher. eighty-five, Dodge City series, made by Gustavus F. Gallagher, for south half section twenty-eight, township twenty-fourth south, range forty west, of the sixth principal meridian, Kansas. Sec. 4. That the Secretary of the Interior be, and he is hereby,Homestead entry applications allowed. authorized to allow the following applications to make entry: Additional homestead application, Glasgow, Montana, numberedLawrence Benson. naught forty-three thousand four hundred and fifty-two, filed by Lawrence Benson for the northeast quarter of the northwest quarter, north half of the northeast quarter and southeast quarter of the northeast quarter, section thirteen, township twenty-nine north, range forty-one east, Montana principal meridian.
Homestead application, Salt Lake City, Utah, numbered naughtArthur Lawrence Whitmore. fourteen thousand nine hundred and ninety-eight, filed by Arthur Lawrence Whitmore for the east half of the southeast quarter, northwest quarter of the southeast quarter, northeast quarter of the southwest quarter, section thirty-two, township eleven south, range fourteen east, Salt Lake meridian, effective May 29, 1915, the date filed, and that the State of Utah through its proper officers be, and it isLieu-land selection by Utah. hereby, authorized to select one hundred and sixty acres of surveyed, nonmineral, unappropriated, and unreserved public land in lieu of the above-described tract.
Homestead application of Ralph B. Quinn, of Phoenix, Arizona,Ralph B. Quinn.Subject to Reclamation Act.Vol. 32, p. 388. for lots one and two and the south half of the northwest quarter, section six, township one south, range three east, Gila and Salt River meridian, subject to the provisions of the Act of June 17, 1902 (Thirty-second Statutes, page 388), and Acts amendatory thereof and supplementary thereto: *Provided, *That said Quinn tender a*Provisos.*Tender of application. proper application therefor within ninety days from receipt of notice of the passage of this Act from the register and receiver of the United States Land Office: *Provided further, *That the entryman shall notWater privilege restriction. be entitled to receive water for irrigation until public announcement by the Secretary of the Interior that water is available for the irrigation of the land.
Additional homestead application Rapid City series naught thirty-nineEdward E. Voedisch. thousand one hundred and forty-one, to Edward E. Voedisch, embracing the east half northwest quarter section three and north half northeast quarter section ten, township six south, range one east, Black Hills meridian, subject to the requirements of the EnlargedResidence, etc., requirements. 1093 Homestead Act as to residence, cultivation, and improvement: *Provided,**Proviso.*Official survey.
That patent shall not issue for said east half of the northwest quarter of section three until said tract shall have been duly surveyed by the Government. Homestead application naught thirty-seven thousand eight hundredWilliam Holsten. and sixty-six, Rapid City series, of William Holsten, for the northeast quarter of the southeast quarter of section fifteen, township two north, range five east, Black Hills meridian, in the State of South Dakota. Sec. 5. That the allotment application made by Johnny SteeleJohnny Steele (Bull).Indian allotment for minor child validated.Vol. 24, p. 388.
(Bull)for and on behalf of his minor child, Ed Steele (Bull), under the fourth section of the Act of February 8, 1887 (Twenty-fourth Statutes at Large, page 388), as amended, for the south half of the south half, section twenty-seven, township forty-three north, range twelve east, Mount Diablo meridian, be, and the same is hereby, validated: *Provided, *That such allotment is to exhaust any right in*Proviso.*No further entry allowed the minor. the minor when he becomes of age to make entry under the provisions of the general homestead laws. Sec. 6. That the Secretary of the Interior is hereby authorizedS. S. Markley.Sale and patent to. and directed to sell to S. S. Markley, within a period of ninety days from and after the passage of this Act, at the original purchase price of $1,800, the southeast quarter of section two, township three south, range twelve west, Indian meridian, Cotton County, Oklahoma, and issue to him a patent therefor. Sec. 7. That Mattie R. Mayer, of Shreveport, Louisiana, be, andMattie R. Mayer.Homestead entry authorized. hereby is, authorized to enter at the minimum price of $1.25 per acre, the north fractional half of the south half of section twenty-one, township seventeen north, range thirteen west, Louisiana meridian, Caddo Parish, Louisiana, in virtue of her long settlement, bona fide title and possession, and valuable improvements thereon: *Provided,*Proviso.Oil deposits reserved. Vol. 38, p. 509. That the entry made hereunder shall be subject to a reservation under the Act of July 17, 1914, of all rights in the oil deposits that may be found therein. Sec. 8. That the soldiers’ additional homestead application numberedThomas H. Holland.Homestead entry validated, as assignee of Clark S. Bemis naught sixteen hundred and ninety-three, Juneau, Alaska, filed on July 8, 1914, by Thomas H. Holland, assignee of Clark S. Bemis, for a tract of land embraced in United States survey numbered nine hundred and forty-one, duly approved, containing six and fifty one-hundredths acres, described by metes and bounds, on which final certificate issued December 18, 1914, be, and the same is hereby, validated, and the Secretary of the Interior authorized to issue patent thereon. Sec. 9. That the soldiers’ additional homestead application numberedThomas H. Holland.Homestead entry validated, as assignee of George Fritzinger. naught sixteen hundred and ninety-four, Juneau, Alaska, filed on July 8, 1914, by Thomas H. Holland, assignee of George Fritzinger, for a tract of land embraced in United States survey numbered nine hundred and forty-two, containing three and ninety-nine one hundredths acres, described by metes and bounds, on which final certificate issued December 18, 1914, be, and the same is hereby, validated, and the Secretary of the Interior authorized to issue patent thereon. Sec. 10. That upon the survey of an island, locally known asSaint Anthony, Idaho.May purchase “Island Park” island.*Ante*, p. 630. “Island Park,” situated in the North Fork of Snake River in section one, township seven north, range forty east, Boise meridian, Idaho, the city of Saint Anthony, through its proper representative, shall have the right to purchase said island so surveyed for park and memorial purposes, for a period of sixty days after the filing of the official plat of such survey in the United States local land office, at the rate of $1.25 per acre: *Provided, *That the island herein mentioned*Provisos.*Reversion for nonuser. shall be used by the city of Saint Anthony for park and memorial 1094 purposes only, and should the city abandon its use for such purposes, said island shall revert to the United States: *Provided further, *ThatPrior rights protected. nothing herein contained shall have the effect of defeating the rights of any person or persons which may have attached to the island or any part thereof: *And provided further, *That the Secretary of theRules, etc. Interior is authorized to make all necessary rules and regulations to carry this Act into effect. Sec. 11. That the Secretary of the Interior be, and he is hereby,Frank O. Kellman.Exchange of lands for stock raising homestead entry.Vol. 39, p. 862. directed to change homestead entries numbered naught twenty-one thousand five hundred and sixty-five and naught twenty-one thousand five hundred and sixty-six, embracing all of section twenty-seven, township thirty-five north, range eighty west, sixth principal meridian, Douglas, Wyoming, land district, made by Frank O. Kellman, on October 23, 1919, and November 11, 1919, respectively, and to transfer the payments made thereon to any other tract of six hundred and forty acres of land subject to entry under the Act of December 29, 1916 (Thirty-ninth Statutes at Large, page 862), and to issue patent thereon subject to the provisions and limitations of said Act, without any showing of residence, cultivation, or improvement: *Provided, *That the said Kellman shall file application for said tract*Proviso.*Application requirement. within twelve months from the date of the approval of this Act. Sec. 12. That the location numbered twenty, township six north,Thomas Johnston.Patent confirmed, etc. range nine west, second principal meridan, Indiana, which has been surveyed in the name of Thomas Johnston, as appears from the field notes of survey on file in the General Land Office, be, and the same is hereby, confirmed to the said Thomas Johnston, and the Commissioner of the General Land Office shall issue his certificate as register ex officio and cause a patent to be issued for said claim to Thomas Johnston, his heirs, assigns, and legal representatives: *Provided,**Proviso.*Adverse rights not affected. That this Act and the patent which may be granted in pursuance of the same shall only operate as a relinquishment on the part of the United States, and shall in no way prejudice any valid adverse right, if such exist, to the said land, the intent being that title shall issue to the true owners of the land under the laws of Indiana, including laws of limitation and prescription, as though patent had issued during the lifetime of said Thomas Johnston. Sec. 13. The Secretary of the Interior is hereby authorized and directedR. L. Douglass.Patent authorized. to issue a patent to R. L. Douglass, of Fallon, Nevada, for a certain tract of land now a part of the public domain, lying below the Carson Lake meander in the unsurveyed portion of section nineteen, township seventeen north, range twenty-nine east, Mount Diablo meridian, in the State of Nevada, more fully described as follows: Beginning at the meander corner south of section corner common toDescription. sections twelve and thirteen, township seventeen north, range twenty-eight east, and sections eighteen and nineteen, township seventeen north, range twenty-nine east, Mount Diablo meridian; thence south nine and six-tenth chains; thence north eighty-nine degrees twenty-one minutes east twenty-one and nine-tenth chains; thence north twenty and fifty-six one-hundredths chains; thence north seventy-three degrees thirty minutes west eighty-one one-hundredths chain along Carson Lake meander; thence south sixty-one degrees thirty minutes west twenty-four chains to the point of beginning, containing thirty-three and seventy-four one-hundredths acres, more or less, on the express condition, however, that said R. L. Douglass shall firstLands to be conveyed in exchange. execute and deliver to the Secretary of the Interior a warranty deed satisfactory to such Secretary conveying to the Government of the United States, free of all encumbrance, a certain tract of land composed of portions of lots two, three, and four of section nineteen, township seventeen north, range twenty-nine east, Mount Diablo meridian, in the State of Nevada, more fully described as follows: 1095 Beginning at the meander corner of the section line common to sectionsDescription. eighteen and nineteen, township seventeen north, range twenty-nine east, Mount Diablo meridian, running thence along the north boundary of section nineteen, south eighty-nine degrees twenty-one minutes west fifty-three and eighty-two one-hundredths chains; thence south one and thirty-four one-hundredths chains to a point in the meander line of Carson Lake; thence south seventy-three degrees thirty minutes east thirty-six and sixty-nine one-hundredths chains along Carson Lake meander; thence north, fifty-six degrees thirty minutes east twenty-two and forty one-hundredths chains to the point of beginning, containing thirty-three and seventy-four one hundredths acres, more or less, which shall thereupon become a partRestored to public domain. of the public domain. That as a consideration for the issue of said patent, R. L. DouglassFence required. will construct a substantial fence around the tract of land conveyed to him under the provisions of this Act. Approved, January 27, 1921.