Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1905-07-04

being needed for reservoir or canal
sites
The instructions in full are as fol-
lows.
department of the Interior, General
Land office, Washington. y. c., June
6, 1905.
Register and Receiver United States
Land Office;
"Srs-ln order that YOU may be bet
ter able to take proper action In mat
ters coming before you. and giving
proper advice and instructions rela-
tive to the effect of Withdrawals of
lands under the reclamation act of
June H. 1902. YOU are instructed as fol-
lows:
"First-That all Withdrawals become
effective upon the date upon which
they are ordered by the secretary Of
the interior.
"Second-There are tWoclasSes OF
Withdrawals authorized by this 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 maintenance
of irrigation works, but which may
possibly be irrigated from such works.
"Third-After lands have been with
drawn under the first form they cannot
not be entered, selected or located In
any manner so long as they remain SO
withdrawn, and all applications for
such entries, selections or locations
should be rejected ana denied, regard
less Of whether they We're presented
before or after the date of such with
drawal, and regardless also OF the fact
that any such applications may be
based upon a settlement before such
withdrawal.
"Fourth-Land withdrawn under the
second form can be entered only un-
der the homestead laws, and subject to
the provisions limitations charges.
terms and conditions or the reclama-
ton act, and all applications to make
selections, LOTIONS or entries of any
other kind should be rejected, regard
less of whether they are presented be-
fore or after the lands wehe with
drawn.
"Fifth-Withdrawal made under
either Of these forms do not defeat or
adversely affect any valid entry, loca-
ton or selection which segregated and
withheld the lands embraced therein
| from other forms of appropriation at
the date of such withdrawal, and all
| character should be permitted to pro-
ceed to patent and certifcation upon
due proof Of compliance with the law
i'm the same manner and to the same
extent to which they would have pro-
| ceeded had such withdrawal not been
made, except as to lands needed for
construction purposes. LII lands, how
ever, taken up under the land laws of
the United States subsequent to Octo-
Der 3 1888, are subject to right of way
for bitches or canals constructed by
authority of the United States (act Of
| August 30, 1890, 26 Stat, 39l; circular
approved by the department July 25.
19O3.)
"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 because
Of entrymai's failure to comply with
the law or for any othe sufficient rea-
son. and any contestant who secures
the cancellation OF such entry and pays
the land office fees occasioned by his
contest will be awarded q preferred
right of making entry under the re-
clamation act, provided the lands in
| volved are not embraced within
withdrawal of the first form.
''Seventh-When any entry for land
embraced within withdrawal under
| .J.-.l aR
| contest. or for any other reason, such
lands become subject Immediately to
| such withdrawal and cannot, there
after, so long as they remain 50 with
| drawn, be entered or otherwise ap-
propriated, either by successful con-
testant or any other person; but any
contestant who gains preferred right
to enter any such lands may exercise
that right any time within thirty days
from notice that the lands involved
have been released from such with
drawal and made subject to entry.
"Eighth-In the event any lands em-
| braced in any entry under which final
proof has not been offered or in any
unapproved or uncertified selection, are
needed in the construction and MAIN
tenance of any irrigation works (other
than for right of way for bitches or
canals reserved under act of August
30, 1890. under the reclamation act,
| the government may cancel such entry
or selection and appropriate the lands
| embraced therein to such use, arter
paying the value of the improvements
| thereon and the enhanced value OF
such lands caused by such improve
| ments.
"Ninth-Where the owners of the inn
provements mentioned in the preceding
| section shall fail to agree with the
| representative of the government as
| to the 0tnoyht to be paid therefor, such
amount shall be ascertained by the
sworn appraisement of three trust-
worthy and disinterested freeholders,
| one of whom shall be selected by the
owner of the improvements, one by a
| representative of the government. and
| third by the two thus chosen, and