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September 18: Proving Up – Or Not

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The Homestead Act of 1862 placed land in the hands of men and women willing to work hard to realize their American dream. Any qualified person who lived on the claim for five years and improved it could claim 160 acres for a small filing fee. The Act applied to "any person," meaning women and freed slaves were eligible. At the end of five years, the claimant could pay the sum of eighteen dollars to earn ownership of the 160 acres.

Many people staked out land and successfully proved their claims. However, others did not. On this date in 1909, the Dickinson Press reported on one old pioneer who did not believe his land was worth the eighteen dollars it would cost to claim it. W.J. Kirby was an early settler who established himself on land near New England. In 1887, Kirby moved his family from Vermont to settle along the Cannon Ball River. Though Kirby was not a farmer by nature—he was a carpenter—he contributed to building many structures in New England, including the newspaper office, the Union Congregational Church, and his own home.

By 1888, the building boom in the area had ended, and there was little demand for a carpenter. Kirby shifted his focus to raising sheep and cattle. As a successful rancher, he surprised his neighbors when he abruptly pulled up stakes and moved west. He did not have much faith in the financial future of the area and chose to save the eighteen dollars it would cost to finalize the claim. He packed up his family and relocated to the West Coast.

Kirby had no idea that the land he left behind would increase in value. By 1909, small lots in the town were being sold for three hundred dollars each, and old settlers who sold their full claims were making a considerable profit. When New England resident E.E. Cook visited Kirby in Washington, the old pioneer was quite surprised to learn that he had missed out on a profitable opportunity.

Dakota Datebook by Dr. Carole Butcher

Sources:

Dakota Datebook is made in partnership with the State Historical Society of North Dakota, and funded by Humanities North Dakota, a nonprofit, independent state partner of the National Endowment for the Humanities.

Any views, findings, conclusions, or recommendations expressed in the program do not necessarily reflect those of Humanities North Dakota or the National Endowment for the Humanities.

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