The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1911-10-10
OF SFPTFM-
BER LAND RULINGS

|
! The following important law points
have recently been decided by the
secretary of the interior:
/ Homesteads.
Settlement upon land while it is COW
cred by the entry of another confers
no right on cancellation of the entry
as against the government.
The government IS rights under any
valid withdrawal at once attach to the
exclusion of any settlement or other
right initiated while such entry was
of record
In constructing section 22S9 of the
revised statutes, the maxim, De
minimis non curat lex'' cannot prop
erly be invoked to Justify a plain
disregard of the statutory limit as to
the area of the land ownership dis
qualifying from homestead entry
Case of Amidon vs. Hagdale $50 L. D.,
1917 overruled.
The homestead law is donation of
public lands conditional upon the per-
formance of certain acts. It's purpose
is to establish agricultural homes on
the public domain, and, in case of the
death of the entryman, the widow or
heirs should proceed at once to eulti-
vate during the proper season of each
year and improve the land, and con-
tinue such cultivation and improve
ment for such period of time as, when
added to the time during which the
would make compliance for the full
Cd hxx h. ct of,,fn
Schooley VS.. Heirs of Varnum (33 L..
D., 45.)
Desert Lands.
Where final proof on desert land
entry has been rejected by the COM
missioner of the general land Office
and appeal is taken to the secretary
of the interior, accompanied by affi-
davits submitting new proof, which
had not been considered by the com
missioner, the case will be remanded
again to the commissioner for adjudi-
cation upon the new record.
The law requires merely an annual
expenditure to the requisite amount in
good faith for purposes of reclama-
tion. 1t does not require the first or
any other annual proof shall effect
reclamation, but the expenditure must
be necessarily intended to effect it,
and the reclamation must be effected
within the time allowed. Citing Stew
enson VS.. Scharry ga L. D., 675).
Mere expenditure to required
amount cannot be accepted as eomrli-
ance with the law, but the reasonable
value of the work done is the criterion,
not the amount the entryman claims to
have expended for it. Citing Brad
ley VS.. vasold (36 l.. D., 1867.
When land is withdrawn of record
under provisions of law, in anticipation
of an irrigation project, prior entry
thereof may be allowed when it an
pears that the land embraced in the
entry is subject to irrigation and to a
large extent irrigated from a private
Irrigation ditch. and is so situated as
mot to be irrigible from any govern
ment project in course of construction
or even in contemplation.
Timber and Stone.
When an entryman under the tim
Der and stone act fails to submit ina
proof on the day fixed therefor in the
public notice, or within ten days there
after, his timber and stone sworr
statement ceases to have any effect tt
reserve the land from other disposi
tion
Subsequent application to readver
tise, made after the withdrawal of tn,
land, must be held subject to the con
ditions of that withdrawal. Citing
Edith Curtis (33 L. D., 285).
No rights are acquired by the new
fling of timber and stone swor1
statement as will, upon the death o.
the applicant prior to proof and pay
ment, descend to his heirs. Citing
Burns VS.. Bergh' Heirs (37 l.. d.
1917.
Mining.
1t is now well settled that after th'
, location of valid placer mining CLAIM
in good faith, by an association of per
: sons. each locator can convey his un
divided interest to whomsoever h
chooses, and the entire title to sucl
claim may thereby become vested il
, one individual. Citing 1S7 Fedora
Reporter, 3S5.
| 1t is not the policy of the depart
ment to hear protests in mining case
while an adverse suit is pending AM
, being litigated in the local courts. I
the court, in that proceeding, shoul'
conclude to continue the trial unit
the protest could be heard and deter
3 mined, the department would then b
| disposed to order a hearing thereon.
The term "vein or lode' does no
mean merely typical fissure or con
tact vein, but, rather, any partly de
7 fined zone or belt of mineral bearing
rock in place. To constitute valuabl
, discovery upon claim for whiel
patent is sought there must be actual
iy and physically exposed within tn
limits thereof vein or mineral bear
: ing lode in place, possessing in and o
itself present or prospective valu
for mining purposes; and before paten
can be properly issued or allowe'
thereon, that fact must be shown il
the manner above stated.
When and is known to be chiefl
valuable for coal, prior to approval o