Lydick Homestead Commutation

Horace Sawyer “H.S.” Lydick (1880-1956) lived a colorful life. Volumes could (and should) be written about his legendary, north-woods-lifestyle. For now, those stories need to wait.

In this initial Lydick homestead post, we will look at how H.S. acquired his first property in Minnesota: 159 acres on the north shore of Kitchi Lake in Beltrami County, Minnesota.

Cass Lake Land Office

On May 6, 1911, The Cass Lake (MN) Times reported the opening of 32,000 acres of Minnesota reservation land the previous day. Apparently, as soon as the timber was logged-off, lands opened up to settlers.

Four days after the opening, H.S. Lydick was residing on the land.¹Land Entry Case File Serial Patent #05322. National Archives and Records Administration; Record Group 49. Testimony of Claimant: “established an actual residence upon the land” on May 9, 1911. There is a long-held family legend that he and Susan canoed with their infant daughter (Mary Mae, born May 1, 1910) to their Kitchi homestead.

On July 18, 1911, The Pioneer (Bemidji MN) reported that the lands had not been “opened for entry” (no official paperwork claims could be filed at the Cass Lake Land Office yet). Paragraph three (below) states that since the month of May, thousands of acres were “settled by squatters.” The H.S. Lydick family was among those living on their hoped-for homestead.

The Cass Lake (MN) Land Office opened at 9 a.m. on Tuesday, August 22, 1911. According to newspaper accounts, settlers lined up days in advance. 187 people filed claims that day; the largest filing in the history of that Land Office.²Cass Lake (MN) Times. August 26, 1911, page 1, co. 3. “187 File on Land.”

Final lineup land opening 9am Aug 22
1911 at Cass Lake Minn.
courtesy of Minnesota Historical Society, MC3.9 CL3.1 r8
H.S. Lydick is in this crowd.

Land Entry Case File #05322; Horace S. Lydick
Application, August 22, 1911, 10:15 a.m.
I wonder if H.S. camped out to get a good spot in the line?

Government Land Office

Basic land grant information is on the Government Land Office website. H.S. Lydick’s Serial Patent was issued October 30, 1913. Further down in the Miscellaneous Information column, the Authority was April 24, 1820: Sale-Cash Entry.

Cash Entry? What? Why doesn’t it say 1862 Homestead?

When researching for a land entry, we must keep in mind that the words homestead and homesteading are often generic. Even the Department of the Interior stated in 1888, that “the expression ‘homestead laws’ has more than once been interpreted by this Department in a generic sense, so as to include other settlement laws, besides the homestead law proper.”³United States. Department of the Interior, Decisions of the Department of the Interior and the General Land Office in Cases Relating to the Public Lands, Volume 6. U.S. Government Printing Office, 1888.

Family members referred to this 159-acre property as the “homestead” and talked about the years of “proving up.” Certain that I was mistaken about the cash sale, my father required more documentation.

Land Entry Case Files

In April 2022, I traveled to the National Archives in Washington, D.C. and held the original papers for file #05322. I called it Christmas at the Archives.

Horace Lydick’s Intention to Make Proof (April 8, 1913) answered one question:

Why was this a “cash entry?”

He gave official notice that he intended to make final commutation proof of his claim to the 159 acres. What is commutation?

Commutation

Commutation is a cash payment by a homestead settler, in lieu of remaining in possession of the land for five years. Commuting a homestead allowed a settler to obtain the patent (title) to his/her property sooner. After a minimum of 14 months, settlers could commute their claim.

Horace commuted the proving-up time by paying $1.25/acre, plus fees. He obtained the patent on October 30, 1913.

Why would a settler commute?

Dr. Richard Edwards of the Center for Great Plains Studies wrote a compelling essay entitled “To Commute or Not Commute, the Homesteader’s Dilemma.”⁴Edwards, Richard. Great Plains Quarterly, Vol 38, No 2, pages 129-150. If a homesteader commutes and thereby obtains the title to the property:

• The land could be used as collateral for a loan to provide cash to
  • increase plantable acreage;
  • invest in better equipment;
  • purchase livestock;
  • buy more land;
  • start a business;
• The land could be sold, potentially at a profit.

Why did H.S. Lydick Commute this homestead?

We don’t know for sure.

[21 Jul 2022 Edit: Check out the Quarantine and Commutation post for an updated answer to this question.]

What happened to this land?

Next week, we’ll look at what happened after H.S. Lydick chose the commutation proof for his claim.

SOURCES

• 1
  Land Entry Case File Serial Patent #05322. National Archives and Records Administration; Record Group 49. Testimony of Claimant: “established an actual residence upon the land” on May 9, 1911.
• 2
  Cass Lake (MN) Times. August 26, 1911, page 1, co. 3. “187 File on Land.”
• 3
  United States. Department of the Interior, Decisions of the Department of the Interior and the General Land Office in Cases Relating to the Public Lands, Volume 6. U.S. Government Printing Office, 1888.
• 4
  Edwards, Richard. Great Plains Quarterly, Vol 38, No 2, pages 129-150.