Louis Brandeis

“ The regulation calling for an affidavit to a soldier's declaratory statement under the Homestead Law, unlike that considered in United States v. George, 228 U.S. 14, 57 L. ed. 712, 33 Sup. Ct. Rep. 412, is thus a regulation entirely consistent with the statutory provisions; and being also appropriate, is valid.
2. Whether state officers are authorized to administer the oath.
The purpose of Congress in allowing filings to be made by an agent was to facilitate the acquisition of homesteads by soldiers living at a distance from the land to be settled on. ”

“ The pre-emptioner must personally, before 'filing,' have actually entered upon the land, must have commenced settlement and improvement,-acts which, in themselves, furnish evidence that the proceeding has been initiated in good faith. The soldier homesteader, on the other hand, need do nothing whatever to obtain a six months' preferential right save file the declaratory statement, and that may be done by an agent,-a situation calling for extrinsic evidence by affidavit of the applicant's good faith. ”

“ Whether an affidavit may be required to a soldiers' homestead declaratory statement.
The Homestead Law [2] gives to every soldier who served in the Army of the United States during the War of the Rebellion for ninety days, was honorably discharged and remained loyal to the government, the right, upon certain conditions, to enter upon 160 acres of the public land as a homestead and receive a patent therefor. To comply with these conditions the applicant must make actual entry, [3] settlement, and improvement ”