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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 -V u -i . ..i, v ,l ' ! irá ' t ' ' MtMf&l: , ; .r, : ' . C5 t' j 1 '4Añ y oi: neé d is a héár'k-i ; ' and a dollar xLá " i . .. 4 4 4 C 4a 4 4a "9a "3 "C "C 4 9 4 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.