The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-03-15
LAND 0FFICEDECIsIONs.
Prepared for The Herald by
o Tankersley & Young.

Digest of decisions rendered by the
Commissioner of the General Land
Office and Secretary of the Interior, re-
lating to the public laud, prepared and
reported semi-monthly for The H 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 concering grants,
Indian titles, mines and other public
lands. of1ces-6S7 F street, Washing
ton, D. C.
Practice. = In contest and protest
cases each party pays the cost of his
own crosS-examination. Cochran VS..
Helm, Commissioner, January 34th,
1885.
2. Local offices should not be closed
at noon ON Saturdays. Where no hour
is mentioned in notice of hearings, etc.,
contestants may appear at any time
during day fixed. Objections to cash
entries should be entertained by R. and
r. Goodrich VS.. Gamble, Commits
sioner, January oath, 1857
B. Testimony IN support of protest
filed on or before day fixed for making
final proof, should be heard by r. and
r., and if filed subsequent to that time.
to be transmitted to General Land
Office. Chopper VS.. Parker ct al, Act
ing Commissioner February Sd, 1857
4. Application to enter accompanied
by REIMBURSEMENT of existing entry al
lowed in preference to application to
contest such entry unaccompanied by
deposit TO pay cost of hearing. Hath
way vs.. Henry, Acting Commissioner,
January 10th, 1851
5. Notice of hearing must be by per-
sonal service, except where defendants
address is unknown, when it may be by
publication, and mailing copy of notice
to his last-known address. wallace VS..
Shooley. Acting Secretary, January
Goth, 1851
Pre-emption.-A person claiming I'M
surveyed public land unlawfully is not
thereby inhibited from acquiring a pre-
emption right to other land, Wizard ct
al. VS.. HanSnaw, Acting Commissioner,
January Goth, 1857
2. Settlement is fact to be establish
ed by testimony, and may be shown to
have been made prior to date alleged in
D. S.
Homesteads. Error, as to description
of land in final proof notice, fatal. (Ex-
parte Dresser. Commissioner, January
10Th, 1857
2. Notice of intention to make final
proof must be signed by claimant him
self. (Ex-parte Greub, Acting Commits
sioner, January Dist, 1857
Timber Culture.-Final proof, show
ing cultivation of requisite number of
trees for statutory period, should not be
rejected solely because trees are not of
the size ordinarily reached under such
cultivation. (Exparte Christofferson,
Acting Secretary, January 22d, 1851
2. Application to contest a I. G. en-
try unaccompanied by application to
enter property rejected. (Grifis VS..
Johnson Secretary, January 10Th, 1851
3. No precise words demanded in
contest affidavit. Bennett VS.. Gates,
Secretary, February 4th, 1851
Desert Lands.-Final proof need not
show an agricultural crop has been
raised, if otherwise satisfactory. (Sec'y
to Commissioner, February 18th, 1850
2. Special survey of desert land not
authorized, except where occupied by
settler, in which case it may be made
under Sec. 2401 U. S. Rev. Stat. Com
1sS5N "a o'i'-o''l1' : az Ia -''
Railroads. = REIMBURSEMENT under
June ed, 1874, affects status of land
only with respect to settler in whose
favor it was made and the r. r. Co.
FLORIDA r. & N. Co. VS.. Miller ct al.
Secretary, January 18th, 1851
2. Right OF indemnity not right to
a particular tract, and only extends to
lands unappropriated at date of selec-
ton. (St. Vincent Ex., ST. P. & P. r.
R. Co. VS.. Lasson, Secretary, January
9th, 1850
Former Ute Reservation.-To be sold
only for cash. Act of July 5th, 1884,
does not embrace Reservations on lands
encountered by special trust, or particu-
lar conditions as to sale. (Secretary to
Briant, January Sd, i18S5,)F
WHAT HE SAID