voluntary entrance of privates into the Army, Navy, or Marine Corps, or appointment of officers (including those appointed from the Officers' Training Corps); in the case of a person enlisted in the Naval Reserve, from the time he was called into active service; in the case of a drafted man, from the time he was mustered into the service; in the case of members of the Federalized National Guard, from the time they were mustered into the United States service.

An entryman having enlisted and served 90 days during any one of the wars above mentioned is entitled under section 2305 of the Revised Statutes as amended to credit for the full term of his service under that enlistment, although such term did not expire until after the war ceased.

The period of service for which credit may be claimed under section 2305, Revised Statutes, upon the submission of proof by a member of the Naval Reserve Force or of the Federalized National Guard, who was called into active service during the Mexican border operations or during the war with Germany, terminates upon the date of his discharge, and not upon the date that he was ordered to inactive duty.

6. A person who served for less than 90 days in the Army or Navy of the United States during said wars is not entitled to have credit for military service on the required period of residence upon his homestead, unless he was discharged because of disabilities incurred in line of duty in which event he is entitled to have deducted the whole term of his enlistment without reference to the length of time he may have served, but no patent shall issue unless the residence and other requirements have been fulfilled for a period of at least one year.

7. A person serving in the Army or Navy of the United States may make a homestead entry if some member of his family is residing upon the land applied for, and the application and accompanying affidavits may be executed before the officer commanding the branch of the service in which he is engaged. The soldier's family in this connection is restricted to his wife and minor children. Such soldier or sailor is not required to reside personally upon the land, but may receive patent if his family maintain the necessary residence and cultivation until the entry is three years old or until it has been commuted. If the soldier has had war service he may claim credit therefor under the three-year homestead law.

8. A soldier is entitled to the same credit for military service in connection with homestead entries under the enlarged homestead act of February 19, 1909 (35 Stat. 639), and its amendments, and the stock raising act of December 29, 1916 (39 Stat. 862), and its amendments, as is allowed in connection with ordinary homestead entries, but the improvements required by the stock raising act must be placed upon the land as prescribed by the act.

9. The special privileges accorded soldiers or sailors, as above indicated, are not subject to sale or transfer, and can only be exercised by the soldier or sailor himself; but the unmarried widow of a soldier or sailor of the Mexican border operations or of the war with Germany, or the unmarried widow or minor orphan children of a veteran of the Civil War, the Spanish-American War, or the Philippine insurrection, is entitled to the same privileges, under the homestead laws, as

the deceased soldier or sailor if he died possessed of a homestead right. The adult child of a soldier has no special privileges in connection with the homestead laws on account of his father's military service.

HOMESTEAD RIGHTS OF WIDOWS AND MINOR ORPHAN CHILDREN OF DECEASED SOLDIERS AND SAILORS

10. (a) If a soldier or sailor makes an entry or files a declaratory statement, and dies before perfecting the same, the right to perfect the claim, including the right to claim credit for the soldier's military service, passes to the persons named in section 2291, Revised Statutes; that is, to his widow, or, if there be no widow, to his heirs or devisees.

(b) In case of the death of a veteran of the Civil War, the Spanish War, or the Philippine insurrection, who would be entitled to a homestead under the provisions of section 2304 of the Revised Statutes, but who died prior to the initiation of a claim thereunder, his widow, or in case of her death or remarriage, his minor orphan children, by a guardian, duly appointed and officially accredited at the Department of the Interior, may make the filing and entry in the same manner that the soldier or sailor might have done, subject to all the provisions of the homestead laws in respect to settlement and improvements; and the whole term of service, or in case of death during the term of enlistment, the entire period of enlistment in the military or naval service will be deducted from the time otherwise required to perfect the title to the same extent as might have been allowed the soldier. (Sec. 2307, Rev. Stat.)

Where a homestead entry is made under section 2307, Revised Statutes, by the widow or minor orphan children of a deceased soldier or sailor of the Civil War, the Spanish war, or the Philippine insurrection, compliance with law both as to residence and improvements is required to be shown to the same extent as would have been required of the soldier or sailor in making entry under section 2304, Revised Statutes, except that credit will be given upon the three-year period for the entire term of the enlistment, not exceeding two years, where the soldier or sailor died during the term of his enlistment.

(c) In case of widows the prescribed evidence of military service of the husband must be furnished, with affidavit of widowhood, giving the date of her husband's death.

In case of minor orphan children, in addition to the prescribed evidence of military service of the father, proof of death or remarriage of the mother must be furnished. Evidence of death may be the testimony of two witnesses or a physician's certificate, duly attested. Evidence of marriage may be certified copy of marriage certificate, or of record of same, or testimony of two witnesses to the marriage ceremony.

Minor orphan children must make a joint entry through their duly appointed guardian, who must file certified copies of the powers of guardianship, which must be transmitted to the General Land Office by the register.

(d) In the case of the death of any person who would be entitled to a homestead under the provisions of the act of February 25, 1919

(40 Stat. 1161), because of service in the war with Germany or during the Mexican border operations, but who died prior to having initiated a claim thereunder, pursuant to the provisions of the act of September 21, 1922 (42 Stat. 990), his widow, if unmarried and otherwise qualified, may make entry of public lands under the provisions of the homestead laws of the United States and shall be entitled to all the benefits enumerated in the said act of February 25, 1919, subject to the provisions and requirements as to settlement, residence, and improvements contained in the said act. In such case, the whole term of service will be deducted from the time otherwise required to perfect title to the same extent as may have been allowed the soldier.

Where a homestead entry is made under the act of September 21, 1922, by the widow of a deceased soldier or sailor of the war with Germany or the Mexican border operations, compliance with law, both as to residence and improvements, is required to be shown to the same extent as would have been required of the soldier or sailor in making entry under the act of February 25, 1919.

In the case of such entry, the widow must furnish the prescribed evidence of military service of the husband, with affidavit of widowhood, giving the date of her husband's death, and that she is still unmarried.

Where the widow of a deceased soldier or sailor makes entry pursuant to the act of September 21, 1922, and dies prior to perfection of title, leaving only a minor child or children, patent shall issue to the said minor child or children, upon proof of her death and of the minority of the child or children, without further showing of compliance with the law. The proof may consist merely of affidavits setting forth the facts and duly corroborated. The usual publication and posting of notice of intention to make proof is required in such case.

If the widow of a deceased soldier or sailor makes and perfects the entry pursuant to the foregoing, the final certificate will issue to her, by name, as widow of the deceased soldier or sailor. If the entry is made by the widow and perfected by the minor orphan children as above set forth, the final certificate will issue to such child or children, by name, as minor orphan child or children of (giving the name of the widow), widow of (name of deceased soldier or sailor).

11. All homestead applicants who are not native-born citizens of the United States must have declared their intention to become citizens of this country, and before submitting proof must be fully naturalized.

SOLDIERS' DECLARATORY STATEMENTS

12. (a) Soldiers' and sailors' declaratory statements may be filed in the land office for the district in which the lands desired are located by any person entitled to the benefit of sections 2304 and 2307, Revised Statutes, as explained above. Veterans of the Civil War, the Spanish War, or the Philippine insurrection may file declaratory statements of this character, either in person or through an agent acting under power of attorney, but the entry must be made in per

son and not through an agent within six months from the filing of the declaratory statement, and residence must also be established within that time. Veterans of the World War may file such declaratory statements in person, but not through agent.

The party entitled to file a declaratory statement may make entry in person without filing a declaratory statement if he so desires. The soldier's declaratory statement, if filed in person, must be accompanied by the prescribed evidence of military service and the oath of the person filing the same, stating his residence and postoffice address, and setting forth that the claim is made for his exclusive use and benefit for the purpose of actual settlement and cultivation, and not, either directly or indirectly, for the use or benefit of any other person; that he has not heretofore made a homestead entry or filed a declaratory statement under the homestead law (or if he has done so, he must show his qualifications to make a second or additional homestead entry); that he is not the proprietor of more than 160 acres of land in any State or Territory; and that since August 30, 1890, he has not entered or acquired title under the agricultural land laws of the United States, nor is he now claiming under said laws a quantity of land which with the tracts applied for would make more than 320 acres, or, in the case of a claim under the enlarged homestead laws, 480 acres, or in case of a claim under the stock-raising laws, 800 acres.

(b) In case of filing a soldier's declaratory statement by agent, the oath must further declare the name and authority of the agent and the date of the power of attorney or other instrument creating the agency, adding that the name of the agent was inserted therein before its execution. It should also state in terms that the agent has no right or interest, direct or indirect, in the filing of such a declaratory statement.

The agent must file (in addition to his power of attorney) his own onth to the effect that he has no interest, either present or prospective, direct or indirect, in the claim; that the same is filed for the sole benefit of the soldier, and that no arrangement has been made whereby said agent has been empowered at any future time to sell or relinquish such claim, either as agent or by filing an original relinquishment of the claimant.

(c) Where a soldier's declaratory statement is filed in person, the affidavit of the soldier or sailor must be sworn to before either the register or the acting register of the United States land office, or before a United States commissioner, or a notary public, or before a judge or clerk or prothonotary of a court of record, or the deputy of such clerk or prothonotary, or before a magistrate authorized by the laws of the State, District, or Territory of the United States to administer oaths, in the county, parish, or land district in which the land lies, or before any officer of the classes mentioned who resides nearer or more accessible to the land, although he may reside outside of the county and land district in which the land is situated. Whether a declaratory statement is filed by an agent, the agent's affidavit must be excuted before one of the officers above mentioned, but the soldier's affidavit may be executed before any officer having a seal and authorized to administer oaths generally, and not necessarily within the land district in which the land is situated.

The fee to be paid to the register of the land office where the declaratory statement is filed is $2, except in the Pacific States, where it is $3.

(d) A homestead entry under a declaratory statement can not be made through an agent, and the entry must be made and settlement on the land commenced within six months after the filing of the declaratory statement. Residence, cultivation, and improvements must be shown to the same extent as though no declaratory statement had been filed.

13. The filing of a declaratory statement will not be held to bar the admission of filings and entries by others, but any person making entry or claim during the period allowed by law for the entry of the soldier will do so subject to his right; and the soldier's application, when offered within such time, will be allowed as a matter of right, and the intervening claimant will be notified and afforded an opportunity to be heard.

14. As implied by the requirements of the oath, a soldier will be held to have exhausted his homestead right by the filing of his declaratory statement, it being manifest that the right to file is a privilege granted to soldiers in addition to the ordinary privilege only in the matter of giving them power to hold their claims for six months after selection before entry, but is not a license to abandon such selection with the right thereafter to make a regular homestead entry independently of such filing. This is clear from the statutory language. Section 2304 provides: "A settler shall be allowed six months after locating his homestead and filing his declaratory statement in which to make entry and commence his settlement and improvement"; and section 2309 requires him "in person to make his actual entry, commence settlement, and improvement on the same, and thereafter fulfill all the requirements of the law." These must be done on the same lands selected and located by the filing.

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15. Soldiers and sailors are cautioned against dealing with the so-called soldiers' claim agencies, or persons or companies who represent themselves as authorized by the Government to make entries or filings for soldiers. The Government does not employ nor authorize particular individuals to locate soldiers or sailors, or to file declaratory statements for them, except under the conditions above set forth.

RIGHTS OF WORLD WAR VETERANS

16. House Joint Resolution No. 30, approved January 21, 1922, (42 Stat. 358), amended Joint Resolution No. 29, approved February 14, 1920 (41 Stat. 434), by extending the provisions of the lastmentioned resolution for a period of 10 years from and after February 14, 1920, and increased the preference right conferred thereby from not less than 60 to not less than 90 days from the beginning of the preference right period. Said resolution as amended is applicable to all openings of public or Indian lands to entry or to restoration to entry of public lands withdrawn from entry, and confers upon officers, soldiers, sailors, and marines in the Army or Navy of the United States during the late war, who were honorably separated or discharged from such service or placed in the Regular Army or Naval Reserve, a preference right of not less than 90 days from the