Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-19
Land Deparfm emf
Late Land office and Department Decisions
AGfecfinS Public Lands and Practice BEFORE

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he'd 4 Inland Department., in which viii be
Is and such rulings of the department as may be
terest to attorneys practiciug before U. S. Land
are needed in the construction and
maintenance of any irrigation works
(other than for right of way tor
bitches or canals reserved under act
of August so, 1890) under the reclama-
| ton act, the government may cancel
such entry. or selection and appropri-
ate the lands embraced therein to such
use, after paying the value OF the i'm
provements thereon and the enhanced
value of such lands caused by such
improvements. = H. sMr. a.
Ninth. Where the owners of the
improvements mentioned, in the pre-
ceding section shall fail to agree with
the. representative OF the government
as to the amount 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 tie government, and
entry shall be cancelled or the lands
embraced therein so appropriated I'M
TIL the amounts thus ascertained or
agreed upon has been paid to the own
er thereof. Very respectfully, %
w. A., Richards,
Commissioner.
Approved, June 6, 1905.
e. H. Hitchcock, Sec'y. :. .. -.
Heirs ef William b. crens h ! II.
the Case 81 homestead entryman who
dies within six months after making
entry, without having established resi-.
dence, leaving surviving him as his
known heirs a widow and minor
child which soon thereafter dies, and
his widow subsequently complies with
the law and earns title to. the land,
but dies prior to submitting final proof,
her estate will not. be Invested Of the
inchoate right OF property acquired by
her compliance with the law merely
because the law does not in terms
provide for the completion Of title IN
such cases, but upon submission Of
final proof by persons claiming to be
her, heirs showing her compliance
with the law, patent will issue IN the
name Of the heirs Of the deceased en-
try man, leaving it to the courts to
determine who under the state law
is entitled to the property.
| Contest Homestead Entry. Heirs.
Risht-Contest in
all cases are against the entry, and
not the entry man, and in the event
of the death of the entry man pending
contest the heirs may be made parties
thereto. D.. ..,.
sin case Of the death of a homestead
entry woman, leaving surviving her an
alien-born and unnaturalized husband
and two minor children born In this
country, the children are entitled to
complete the entry and take title as
her heirs, under section 2291, Revised
Statutes.
No such right is acquired by a con-
test against q homestead entry by
one having no claim to the land, but
who is seeking merely to secure a
preference right prior to the cancella-
tion Of an entry, as will prevent the
acceptance Of final proof on such en-
try, even though not submitted until
after the expiration Of the statutory
period, and the submission of the case
to the board of equitable adjudication
for appropriate atcion. Secretary
Hitchcock vs. Mccartney vs.. Heirs 81
Hayes.
Contest Affidavit-A contestee ap-
pears specially at the hearing Cor
the purpose of filing d motion
to dismiss the contest on the
ground that the affidavit Of contest
does not state facts sufficient to war
rant cancellation of the entry, and ex-
cepts to the action of the local officers
in allowing the contestant to amend
the affidavit, does not, by subsequently
participating in the hearing, waive or
forfeit the benefit Of said motion and
Exception. Mcdonald VS.. Welman.
/ Coal Land contest-The right to
amend an entry covering tract which
has been returned as non-mineral in
character, 1t not defeated by contest
In which 1t is conclusively proved that
part Of said tract contains a vein OF
merchantable ignite coal, and In the
absence of proof that said vein does
mot extend to other subdivisions Of the
entry only such subdivisions as are
shown to contain valuable deposits OF
llignite coal will be cancelled.
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