Imperial Valley press and the Imperial press., 1906-05-12

the entry of claimant.
 For the purpose of more fully showing the right of applicant to the use of wat CT to permanently irrigate and reclaim the land embraced in the entry, refer ence is made by claimant to documents filed in the case of final proof in the case of Clara c. Drais, assignee of John M. Reuck, being D. L. E. No. l253, Fin al Receipt and Certificate No. no, issued March 29, 1902, and Patent issued March 12, 1903, consisting of certified copy of the water appropriation notice, made by the California Development company and recorded in San Diego county, the Articles of Incorporation of the Califor- mia Development company, the Sociedad de Yrrigacion Terrenos de la Baja California, Sociedad Anonima. and I'm perial Water company No. l also By Laws of the Imperial Water company No. l, which show the right of the stock holders of said water company to partic- ipate in. the benefits accruing to the cor. poration by reason of it's various con tracts and the right of the individual stockholder to receive water sufficient to perpetually irrigate the land by virtue of being stockholder in said water company
 Reference is also made to the affidavit of the engineer of the California Devel opment company as to the efficiency and capacity of the system to permanently supply the various mutual water com panies with sufficient water to perpetu- ally irrigate the lands within the several districts according to the terms of their respective contracts.
 III of the documents above mentioned are specially referred to in connection with this proof and made part thereof.
 The objection to the title of claimant to the water stock relied upon is that it IS hot an absolute title in claimant as the said stock has been mortgaged, leav- ing in claimant not all absolute title thereto, but a title that is liable to be destroyed upon claimants failure to comply with the terms of the mortgage.
 It will be necessary for claimant to show that he has an absolute right to sufficient water to successfully irrigate the land
 The land em braced in said entry is found to be in a township and range of which the Secretary of the Interior was authorized to cause to be made resur- vey by the Act of July l, 1902, (32 Stat, 728.)
 If the requirements of this letter are compiled with in due time, the evidence will accordingly be examined with a view to holding the entry unapproved for patenting until said resurvey is ac- cepted and the plats thereof filed and in order that the description of the land may be corrected to agree with the new survey.
 Notify the claimant and all known persons in interest of the contents here Ol, anu Illdb ullSpb n0 IuIlitSllSb IIlS eN- idence required above, or appeals here from within 60 days from notice, his entry and final certificate hereby held for cancellation will be cancelled without further notice from this office.
 In serving notices observe the direc- tions of 29 L. D., 649.
 Claimants postoffice address is stated to be Imperial, California.
 Very respectfully,
 W. A. RICHARDS,
 Commissioner
 It will be observed that the commis- sloner went over the reference state ment which was filed by the claimant with his final proof and recited its contents, in way that intimated that Ii was matter of controversy and en- tered into the defect in the water right
 Previous to the receipt of this ruling of the land office. We had not heard of any similar action in any case, so we at once wrote to the Commissioner of