The Mountainair independent., December 12, 1918, Image 1

About The Mountainair independent. (Mountainair, N.M.) 1916-1941

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HIE MOUNTAUNADIR (INDEPENDENT-
TOLl'ME HI.
MOUXTAIXAIR, NEW MEXICO, THURSDAY, DECEMBEK 12, 19R
o. 12.
ANTI-SALOON LEAGUE
EXTENDS WORK
INTO OLD MEXICO
SOLDIERS UNDER
21 YEARS OF AGE
MAY ENTER LAND
Special 1'rIvHoKP Grunleil Yuii(r Men
Serving in the Army nnd
Navy
Department of the Interior,
General Land Office
Washington, D. C, October 9, 1918.
Register and Receivers,
United States Land Offices.
Sirs: Section 8 of the act of Con
gress of August 31, 1918 (Public 210),
reads as follows:
"Sec. 8. That any person, under the
age of twenty-one, who has served or
shall hereafter serve in the Army of
the United States during the present
emergency, shall be entitled to the
same rights under the homestead and
other land and mineral entry laws,
general or special, as those over twenty-one
years of age now possess un
der said laws: Provided, That any re
quirements as to establishment of resi
donee within a limited time shall be
suspended as to entry by such person
until six months after his discharge
from military services: Provided fur
ther, 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 13,
1918, and referring ti the above pro
vision, reads as follows:
"'lliat no relinquishment of any
public-land entry maue unuer or by
authority of section eight ot the acc
ot the Sixty-fifth Congress, second ses
sion, entitled 'An act amending the
act entitled "An act to authorize the
President to increase temporarily the
Military Establishment ot the united
States " approved May eighteenth.
nineteen hundred and seventeen,' shall
be valid or efiective tor any purpose
unless executed after the eniryman
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 entryman 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 for locating, fil
ing, or securing the claims or entries
for persons entitled to the benefits of
said section shall, upon conviction, be
fined not to exceed $1,000 or imprison
ed for not exceeding two years, or
both."
2. Said section 8 of the act of
August 31, 1918, confers the right of
entry under any of the agricultural
or mineral public-land laws upon per
sons under the age of 21 who have
served, or shall hereafter serve, in
the Army of the United States during
(tie present war in the same man
ner as they could have made entry
if over that age. This right is con
ferred only upon persons who have
been actually mustered into the ser
vice and who are under 21 years of
age at the time their applications are
executed.
A drafted man is regarded as serv
ing in the Army from the time he re
ports for entrapment; a man in the'
Officers' Reserve Training Corps from
the time of his admission.
This department is of the opinion
that the expression "the Army of the
United States," as used in section 8
of the act, includes the Navy and
Marine Corps, and that construction
will stand unless Congress shall other
wise direct.
3. An application for entry by a
person coming within the meaning
of the law may be executed at any
place where he is located, whether it
be in a State, Territory, pr district
of the United States, or in a foreign
country. It may be executed before
any officer whose authority to ad
minister oaths is recognized by the
laws of the State or Territory in
which the land sought is situated.
These laws differ, and it will not be
attempted here to give a synopsis of
all of them. An examination of the
State laws leads to the conclusion
that they all recognize affidavits ex
ecuted in any part of the United
States before a notary public or the
clerk of a court of record, and those
executed outside oí this country be
fore a notary or before any diplo
matic or consular officer of the Uni
ted States.
4. An applicant claiming the ben
efits of said section must execute an
application for entry on the ordinary
prescribed form; but, where he has
not examined the tract sought, there
should be omitted from the form so
much as refers to personal examina
tion of, or acquaintance wjth, tlie
t
j
tract, and recites the applicant's
knowledge as to its character (non-
,bnineral, nonirrigable, etc.). For ex
'ample, there should be stricken from
an application for entry under the en-'larged-homestead
act all that part
of the form beginning with the words
"that I am well acquainted with the
character of the land" and ending
wjth "it is not susceptible of success
ful irrigation," etc.
In such cases there must accom
pany the application an affidavit set
ting forth the facts as to the charac
ter of the land, executed by some oth
er person who states that he is him
self familiar therewith; but this will
not be received as sufficient unless
the affiant deposes that his statement
is made at the request of the appli
cant; that he has not solicited, deman
ded, received, accepted, or been prom
ised, nor intends to receive, a fee or
compensation of any nature for his
assistance in securing allowance of
the claim or entry.
!!. The act does not exempt an ap
plicant from payment of the regular
fee and commissions chargeable to
other applicants; as to that matter,
you will treat the filings like other
applications.
For the information of prospective
applicants it may be stated that the
entry underthe enlarged homestead
act amount to $22 in most of the
States, or to $34 where thelandsare
within the granted limits of Government-aided
rail-roads; the amount
due on a Stock-raising homestead ap
plication for 640. acres Is $34, or $58
under the circumstances last mention
ed. 6. A person making a homestead
entry under this act is entitled to the
benefits of the act of Congress of July
2, tf'17 (40 Stat., 245). That act pro-
jL 5 viiilif Its
Answer the
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vides that a homesteader shall have
his military services construed as
equivalent to residence and cultiva
tion for the same length of time upon
the tract entered, and that if he be'piration of that period, and the time
discharged on account of wounds re- elapsing before such discharge form
ceived or disability incurred in the the service will not be counted on the
line of duty the entire term of his
enlistment shall be thus counted; al
so, that no patent shall issue to any
homesteader who has not resided up
on, improved, and cultivated the land,
for at least one year, but he is en
titled to the five months' absence privi
lege like other homesteaders during
each year's residence, which he may
be required to show. It provides, fur-
ther, that if a homesteader dies while
actually engaged in the military or
naval service of the United States his
widow, if unmarried, or (if she be
married) his minor orphan children.
or his or their legal representatives
may forthwith make proof upon hisltention of the General Land Office or
entry. the Chief of Field Division, to the end
A person making a desert-land en- that immediate steps may be taken to
try under this act is entitled to the stop such illegal practices and to
benefits of the act of Congress of Au- bring the offenders to justice. More
gust 7, 1917 (40 Stat., 250). There-1 over, the attention of the soldiers is
fore, such an entry will not be sub- very strongly directed to the fact that
ject to cancellation for failure to ex- 'any one of them who pays or promi
pend $1 per acre in improvements up- ses compensation of any kind for se
on the claim, or to effect its reclama-'curing an entry, even though it be
tion, during the period of his service 'merely by the grant of grazing privl
and until six months thereafter, and leges, will be conniving at the breach
the time for complying with the law
is extended for a period equal to that
of said service. This relief is con
ditioned, however, upon his filing in
the local land office, within six
months after he is mustered Into the
service, a notice of his muster in and
of his desire to hold the desert claim
under said act.
7. The soldier will not be requir
ed to establish residence upon the
land in lita homestead entry until Bix
t
.r. A 4 !
: ;
months after his discharge from mili
tary service. No contest against the
entry will lie on the ground of failure
to establish residence until the ex-
statutory life of the entry.
8. The joint resolution above set
forth provides for imposition of a
fine of not exceeding $1,000 or im
prisonment for not exceeding two
years, or both, upon any person, firm
or corporation which solicits, de
mands, receives, or accepts any fee
or compensation (whether it be in
money or in other value) for local
ing, filing, or securing any claim or
entry for any person entitled to the
benefits of section 8 of the act of Au
gust 31. 1918. It is desired that if
there be violations of this prohibition
they be promptly brought to the at
(of a law which Congress enacted for
;the protection not only of the soldiers
but of the general interests in the
public domain. As above hown, it
will frequently be necessary for some
person to execute, on behalf of the
applicant, an affidivit 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 com
( Continued on not Page)
FItElHHF. WO MACK
IS
HOME ACAIX
Mrs. J. J. White and nephew, Fred
die Womack returned from Albuquer
que yésterday morning, where Fred
die underwent treatment for ap
pendicitis. Freddie declares he is as
good as new, and was busy carpenter
ing with a new set of tools, when we
interviewed him yesterday. We are
glad that he is able to be up and
around again.
MOKE 5I01STIKE
Last Sunday morning, our people
awoke to iind rain falling and most of
the snow gone, except where it had
drifted badly. The first of the week
were pleasant and the mud dried to
some extent, but there has remained
a plenty. Today has been an "April"
day, with rain,, snow and sunshine
mixed. Some of those who complain
ed the loudest last summer about It
being dry are beginning to change
their tune to "too wet." Some folks
are never satisfied.
1HEI AT LOCAL HOTEL
Curtis Haygood, who came from
Albuquerque las week, sufferinc from
an attack of the Influenza, died early
this morning, at a local hotel. Af
ter taken sick while at work in the
Duke City, he tried to get home to his
parents, who reside on the Mesa,
south of town, but was too ill to be
taken to the country. At he hotel, he
was given the best of treatment and
care, but the disease had fastened
itself too strongly upon him. Inter
ment will be made in a local cemetery.
K, E. Farley, Nuperinteudent ew
.Mexico League, will Launch the
Work
R. E. Farley. Superintendent of the'1
Anti-Saloon League of New Mexico,
has been appointed representative of
the League's Latin-American, activi
ties. This appointment quickly fol
lowed the Columbus conference for
world-wide Prohibition and is in ac
cord with the resolutions of the
Board of Directors authorizing the
giving of immediate assistance in the '
anti-alcohol fight where desired and
deemed advisable. Mr. Farley be
comes, therefore, tii first representa
tative sent out by the Anti-Saloon
League io inaugurate work in a for
eign land. As soon as securing his
passports he will proceed to Mexico
City, where he contemplates establish
ing headquarters for the work in the.
republic. He expects to visit each
state capital and survey the field with
a view to ultimate thorough organiza
tion. The present plan is that New Mex
ico shall be the base of operations for
the Latin-American work in Mexico
and the Albuquerque office will bu
still maintained.
Mr. Farley's work has been with
the Latin-Americans in New Mexico
and Arizona and he is pecularly fitted
for the work to which he has beC(n
assigned. Under his leadership New
Mexico went dry, and it. went dry by
Latin-Anierican votes. Sixty-five per
cent of the population are Latin
Americans. Thq Governor-elect, O.
A. Larazolo, is a Latin-American and
a most enthusiastic Anti-Saloon
League worker, as is also Congressman-elect
B. C. Hernandez. The
Congressman-elect, while serving a
previous term, supported the Ilobson
resolution.
Three-fourths of the membership
of the' lower house is pledged to rati
fication. There is but one unpledged
man in the Senate. About one-fourth
of the membership of this body is
Latin-American. So it will lie sden
from the above facts that Latin
Americans can be reached with the
gospel of Prohibition. It might, be
added that New Mexico holds the'
.jcord lor the largest relative dry
,)te ever cast jn t lie Union, this vote
.5. aiming two and one-half io one for
Prohibition. There is much worn yei
io be clone among these people in our
own country, unci it is estimated that
there arc, n million ami a half ot
Liatin-Americans on this side of the
border.
it nas been demonstrated that
booze along the border has been the
prime cause of disturbances and
where booze has been eliminated
therre has been a splendid object
lesson presented to these people of
the baneful effects of alcohol. This
object lesson has not been lost upon
them.
The Mexican delegates to the world
Prohibition conference in Columbus
made a strong appeal for assistance),
in their struggle against the liquor
traffic. There is no doubt but that
many of the saloonkeepers and brew
ers who will be put out of busineiss in
this country will try to re-estabiish
themselves across the border, and
this gives added reason why the Anti
Saloon League should get into the
fight to rid our southern neighbor of
this curse. The American Issue.
BE KEADY TO .WSWEK
CHRISTMAS ROLL CALL
OF AMERICAN RED CROSS
The Red Cross Christinas Roll Call
will mean the Universal Membership
of the American people in the Red
Cross.
The "Greatest Mother in the World"
will blazon her membership to the
returning heroes through the Red
Cross Roll Call button and the Roll
Call service flag.
You have all served in the sec
ond line of defense.
You have; all cheered the boys at
the front with your participation in
Red Cross work.
Can you afford to be without your
Red Cross button when the boys come
home?
At the Christinas Roll Call you
must answer "here" for the glory of
those who havej died and the honor of
those who are missing in the Roll
Call "over there."
Re ready to answer the Christmas
Roll Call thej week of December 1(5 to
23.
PITTIXJ IX SIDEWALKS
On Tuesday morning 13. L. Mitchell
began hauling cinders and spreading
them for walks long Broadway, that
it may be better to get around than
wilding the mud. The work is being
done under the direction of the Vil
lage Council.