The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1909-01-14
GOVERNMENT REGULATIONS,
Regarding Desert Entry and Final
Proof,

4 Proof.
The register and receiver OF the
United States land Office yesterday re-
cetved pamphlets for distribution con-
tanning the regulations governing en-
tries and proofs under the desert land
laws together with suggestions to per-
sons desiring to take up such lands,
the issue Is of Importance owing to
the many recent changes In the rul-
ings OF the department regarding the
acquiring of preference rights and as
signment Of claims.
Preference Rights.
The document states in part:
Prior to the act of March 28, 1908,
desert land entry could embrace I'M
surveyed lands, but, since the date of
that act, desert land entries may not
be made of unsurveyed lands. This
act provides, however, that, If duly
qualified person shall go upon a tract
of unsurveyed desert land and reclaim,
or commence to reclaim, the same he
shall be allowed a preference right of
80 days after the filing of the plat of
survey in the local land office to make
ENTRY of the land
ITO preserve this preference right
the work of reclamation must be con-
tinued up to the filing of the plat of
survey, unless the reclamation of the
land is completed before that time, and
in that event the claimant must con-
tinue to cultivate and occupy the land
until the survey Is completed and the
plat filed
knowledge of Land.
In connection with the making of a
desert land declaration, the necessity
for knowledge of the land by the en-
tryman is emphasized in the following
language:
Special attention is called to the
terms of this application, as they re-
quire personal knowledge by the en-
tryman Of the lands intended to be en-
tered, The affidavit which is made a
part of the application, may not be
made by an agent or upon information
and belief. and the register and receiv-
err must reject all applications in
which it is not made to appear that
the statements contained therein are
made upon the applicants own knowl-
edge and that it was obtained from a
personal examination of the lands.
The blank spaces In the application
must be filled with complete state
ment of the facts showing the appli-
cants acquaintance with the land and
how he knows it to be desert land.
This declaration must be corrobor-
ated by the affidavits of two reputable
witnesses who also must be personal
| ly acquainted with the land, and they
must state the facts regarding the
condition and situation of the land up
on which they base the opinion that it
is subject to desert entry"
Assignments.
The most sweeping change in the
desert land regulations for the year
was that relating to assignments
which formerly permitted the assign
ing of desert entries to non-residents
of the state. The present procedure is
outlined as follows:
Under the act of March 3, 1891, the
whole of desert land entry might be
assigned by the entryman, and by the
act of March %, 1908, an entry may bt
assigned either in whole or in part
but this does not mean that less than {
legal subdivision may be assigned
Therefore, where an entry embrace.
only one lot or one 40-acre tract, thu
whole may be assigned, but no assign.
ment of any part less than the whole
will be recognized.
'"The act of March %, 1908, also
provides that no person may take {
lesert entry by assignment unless hi
is qualified to enter the tract so as
signed to him. Therefore, if a person
has made an entry in his own right
he can not thereafter take an entry
| by assignment, Notwithstanding the
| fact that the area Of the two entries
combined may not exceed 800 acres
"The language of the act indicates
that the taking of an entry by assign.
ment is equivalent to the making OF
an entry, and this being so, no person
| is allowed to take more than one entry
| by assignment. The desert land right
is exhausted either by making an en-.
try or by taking one by assignment
However, under the practice rec
ognized by the general land Office
where assignments were taken Of
more than one entry or where a per.
son made an entry and also took one
or more entries by assignment, the ag-
gregate area of the land embraced ir
all such entries not exceeding 32(
acres, such assignments and entries
! will not be disturbed. But all assign
| ments and entries made subsequent. tt
the approval of the act of March %
1908, must be governed by the term.
of that act, which is held to mean tina
the desert land right Is exhausted
either by making an entry or by TAX
ing one by assignment.
The act OF March %, 1908, forbid'
the assignment Of an entry to or
poration or an association. M
Qualifications of Assignee.
AS stated above, desert land entries
may be assigned in whole or in part
and as evidence of the assignment
there should be transmitted to tn,
general land Office the original deet
of assignment or certified cop.
thereof Where the deed of assignment
Is recorded, a certified copy may b.
made by the officer who has custody 0
the record. Where the original deet
is presented to an officer qualified t.
take proof in desert-land cases, q cop!
certified by such ohicer will be accept