The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-03-29
LAND OFFICE DECISIoNs.
Prepared for The Herald by
Tankersley & Young.

Digest of decisions rendered by the
Commissioner of the General Land
Office and Secretary of the Interior, re-
Iating TO the public land. prepared and
reported semi-monthlyfo for THE HERALD,
by Tankersley & Young, attorneys-at-
law and practitioners before the
Supreme Court of the United States,
the Legislative and executive depart
ments, in all matters concerning grants,
Indian titles. mines and other public
lands. Ofices-6S7 F street, Washing
ton, d. c.
Practiee.-A refusal OF Commissioner
to order a hearing. if it amounts TO
denial@of right. may be appealed from
Service of notice by publication to be
resorted to only after diligence IN at
tempting personal service has been
shown. Jackson VS.. Keever, Acting
Secretary, January 18th, 1881
?. Where contestant valves his right
of appear from adverse decision, he will
not be allowed toinitiate a second con-
test against the entry upon the same
charges. page VS.. Fletcher, Secretary,
Feb. Is, 1851
8. Notice to attorney notice to client,
so long as interest may be affected by
proceedings growing out of the contest,
unless the relation between parties has
ceased under limitation in sp cial con-
tract (Exparte Howard, Secretary,
February 18th, 1851
Pre-emptions.-Fnal proof may be
made before any officer competent to
administer oaths, the only oath requir-
ed before r. d R..or clerk of Court be-
ing that of claimant to final affidavit.
(Secretarv, February 9th, 1885, modify
ing Commissioner instructions of
January 5th, 1885, 10 Inspector Hobbs.)
,. a pre-empter, who has failed to
make proof on day named i'll published
notice, is not thereby precluded from
making such proof at any other time
within statutory period. (McCracken
VS.. Porter, Secretary, February 18th,
1885
Homesteads.-A clerical error in APP
pication should net defeat prior settler
II mistake Is corrected within reasonable
time after discovery. Drown VS.. West,
Secretary, FEB. IS, 1851
>. Final proof notice to be published
only in paper designated by Register.
(Exparte FhillIpson, Commissioner Feb.
%, 1857
Railroads Where one of two COM
panies to whom lands have been APP
proved jointly, paid selection fees, no
portion of such fees can be refunded.
(Secretary to Commissioner, Feb. 18th,
1857
,. Lands within granted limits of S.
j. r. r. Co. occupied by settlers June
18th, 1870, accepted from the grant by
Joint Resolution of Congress. 1t is
sufficient if portion of settlers house is
on land applied for. (Southern Pacific
r. r. Co. VS.. Rahall, Acting Secretary,
Jan. II, 1851
g. Entries of settlers to be allowed
without hearings on lands embraced in
withdrawal for this road upon allega-
tons made in aecoId dance with oendi-
tons in Company's waiver. (F1erida
R. d n. Co. Commissioner, January II,
1857
State Selections. Should not be allow
pEcatlons. california Indemnity
School Selections, Commissioner, Feb.
,. Application to select has the force
of an application to enter and may be
allowed for lands upon which there are
filings, subject to right of pre-emptors.
Gala. University Selections, Jan. 18th,
1857
Malheur Indian Reservation.-Agen
buildings and adjoining land to be sold
under statute which differs from that
regulating the offerings of public lands,
and under discretionary power in
Secretary, the agreement to purchase
may be considered to have been COM
piled with, if the purchase money was
paid into the q. S. Treasury within a
reasonable time. (Secretary TO Com
missioner, Feb. 26, 1857