Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-19

a. NoTE-The Bismarck Tribune has establi
4 published weekly, such decisions in contest cas-
of general interest to the public and special /,
Offices. u
Entries In District Withdrawn In.
der the Reclamation Act-Under in
structions to Withdraw from entry in
any form all lands in the area (Bis-
marck) withdrawn under the reclama-
ton act it has been the rule of the
Bismarck office lately, in the absence
of any instructions from the depart
ment to refuse to consider contests as
we'll. The following circular, received
on the 18th inst, Is the first instruc-
ton issued on this subject and ex-
plains fully the status Of lands in the
so-called Bismarck Irrigation Dis
trict:"
Department of the Interior, General
Land Office, Washington, D. c., June
6, 1905.
Registers and Receivers,
United States Land Offices.
Sirs: In order that you may be bet
ter enabled, to, take proper action in
matters, coming before you and give
proper advice and instructions relative
to the effect of Withdrawals OF land I'M
der the reclamation act of June II,
1902, you are instructed as follows:
First, That all Withdrawals become
effective on the date upon which they
are ordered by the secretary Of the
interior. .- ..- $3.50.
Second. There are two classes of
Withdrawals authorized by that act:
one commonly known as withdrawals
under the first FORM" which embraces
lands that may possibly be needed in
the, construction and maintenance OF
irrigation. works, and the other com
monty known as Withdrawals under
the second FORM" which embraces
lands not supposed to be needed in
the actual construction and mainten.
ance of irrigation works, but which
may. possibly be irrigated from such
works. e. -.
! Third. After lands have been with.
drawn under the first form they can
not be entered, selected in any manner
lso long as they remain SO Withdrawn,
and all applications for such entries,
selections, or locations should be re,
jected and denied, regardless OF
whether they, were, presented before OF
after the date Of such withdrawal, and
regardless also of the fact that any
|such application may be based upon a
settlement made before such with.
drawal. $5.... =
Fourth. > Lands Withdrawn under
the second form can be entered only
under the homestead laws and sub.
lject to the provisions, limitations,
charges, terms, and conditions of the
reclamation act, and all applications
to make selections. locations, or en-.
tries of any kind should be rejected
regardless of whether they were pre-
sented before or after the lands were
withdrawn. sr.
Fifth. Withdrawals made under
either of these forms do not defeat
or adversely affect any valid entry
location, or selection which segregated
and withheld the lands embraced
therein from other forms of appropria.
ton at the date of such withdrawal;
and all entries, selections, or locations
Of that character should be permitted
to proceed to patent or certification
upon due proof of compliance with the
law In the same manner and to the
same extent to which they would have
proceeded had such withdrawal not
been made, except as to lands needed
for construction purposes. All lands
however, taken up under any of the
land laws of the United States sub
sequent to October 2, 1888, are sub
ject to right Of way for bitches OF
canals constructed by authority of the
United States (act of August 30, 1890
26 Stat, 391; circular approved by
department July rs, 1903.)
Sixth. Any entry embracing lands
included within any withdrawal, made
under either of the forms mentioned
whether such entry was made before
! or after the date of such withdrawal
may be contested and Cancelled be
cause Of entryman's failure to comply
with the law or for any other sufficient
treason, and any contestant who Sc
cures the cancellation Of such entry
and pays the land Office fees occasion
ed by his contest will be awarded q
preferred right of making entry under
the reclamation act, provided the
lands involved are not embraced with
In withdrawal Of the first form.
Seventh. When any entry for lands
embraced with withdrawal under
the first form is Cancelled. by reason
LOT contest. or for any other reason
such lands become subject immediate
ly to such withdrawal and can not
thereafter, SO long as they remain 81
withdrawn, be entered or otherwise
appropriated, either by a successful
contestant or any other person; bui
any contestant who gains preferred
right to enter any such lands may ex
lercise that right at any time within
thirty days from notice that the land.
involved have been released from sucI
! withdrawal and made subject to entry
Eighth. In the event any lands EN-
braced In any entry under which fina
proof has not been offered, or In any
unapproyed or uncertified selection
f. 81 "a