The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-05-17
LAND OFFICE DECISIONS.
81 81 "a VI ATHHEA
Prepared for The Herald by
Archibald Young.

Digest OF decisions rendered by the
! Commissioner of the General Land
Office and Secretary of the Interior, re-
lating to the public land, prepared and
reported semi-monthly for THE HERALD
by Archibald Young, attorneys-at-
law and practitioner before the
Supreme Court of the United States,
the Legislative and Executive depart
ments, in all matters concerning grants,
Indian titles, mined and other public
lands. Ofdces-637 F Street, Washing
ton, D. C.
Publication of Notices. = Registers
must designate paper nearest land hav-
ing general circulation, but where two
or more are published in the same town,
may select the one which will best SUBJ
serve the purpose of the law. (Secretary,
April 81. 1885. 9 9lIol91ILLJ9 S-45 -
Practice.-Upon presentation of re-
linquishment of entry after withdrawal
of contest against same, such entry
should be cancelled by register and re-
ceiver and land held subject to settle
ment. (Assistant Commissioner, April
II, 1850
! 2. 1t is not competent for commits
sioner to rescind an order allowing you
an appeal to the secretary assistant
Commissioner. April IA. 1857
8. Motion for review dismissed for
the reason the applicant was stranger
| to the record. Contestee, but not a
stranger, may set up an equitable de-
Tense recognized by practice in force
when contest was initiated. eek parte
Holating Review Acting Secretary, Jan.
5, 1857
Swamp Lands.-Commission duty
to review testimony taken at hearings
regardless of appeals, and field notes of
survey may be consulted to ascertain
facts as to the character of land.
(Oregon VS.. Seiger ct al, Secretary, April
l9, 1861 a
4 2.-Lands returned as subject ft.to
periodical overflow" not swamp and
overf1owed lands. California VS.. Hem
lngton, Secretary, May l, 1857
/ neutrality-suspicious. for Home.
stead and Timber culture entries should
state in their afidavits that they are
native born or. raaturalized citizens, OF
have filed their declarations, and il
naturalized record evidence required
Assistant Commissioner, April 18th
1857
Timber Culture. - Contest against
timber culture entry entertained where
application to enter was filed subsequent
to contest affidavit, but prior to notice
of hearing and Intervention of rights OF
third parties. Only in extreme and ex-
traordinary cases should special agents
reports or other ex parte testimony be
substituted for evidence taken at hear
ings. Drake VS.. Schupp, Secretary
April Is, 1852
Railroads.&c. homestead entry made
by an agent segregated the land embrac.
ed therein and excepted it from rail
road withdrawal although homestead
affidavit was made before claimants
commanding officer a nd set forth that
/ he was single man in the Naval Ser.
vice of the United States. Est. Paul NJ
and NJ. r. r. Co. VS.. Forseth, Secretary
: March II, 1885. And the same com.
pany VS.. Hoef, Secretary, April .3Oth
1857
2. Homestead entry having been al
lowed, it was prima fdcie valid and be
i ing of record at date of railroad grant
it excepted the land from the grant
Hastings & Dakota R.R. Co. VS.. Holder
ct al, Secretary, April q, 1857
, 3. Withdrawal does not operate upor
, land embraced in presumption claim
r OF record at date of such withdrawal
!, Ne claim to land as indemnity can b.
!, asserted prior to selection. (St. Paul NJ
q M. r. R. Co. VS.. Blad, April 14th
+ 1851