The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1911-06-06
OF MAY
LAND DECISIONS

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The following important law points
/ have recently been decided by the
secretary of the interior:
Homesteads.
Where a fling has been rejected
without notice because of failure to
comply with the regulations governing
declaratory statements, the land de-
partment has authority to reinstate
any such application that may have
lapsed by failure of the applicant
through ignorance or want of notice
on his part, provided the land is still
subject to the application and there
is no adverse claim and no valid rea-
son appears why it should not be
granted.
| A preference right granted to sue
cessful contestant is privilege over
others to make some lawful entry but
is not property or interest in the
land that he can assign or transfer,
citing Verinda Vinson (39 L. D., 449) !;
Schelling VS.. Fuller (32 l.. D., 466)
Taylor vs.. Graves (36 l.. d., S0).
Under the provisions of sections
22291 1922, providing for the order of
succession in case of the entryman 3
death, the land department will not at
tempt to determine questions of heir
ship but leave such questions to the
local courts. Any party claiming in
terest may make proof, which inures to
the benefit of all according to their
legal rights, and the certificate will
issue to the heirs or lawful successors
to the right Of the entryman, thus dis.
charging the full duty of the land de-
partment. Citing Turner VS.. Wilcox
Heirs (3S L. d., 521-4).
Section 2291 r. s. provides for sue
cession in case of death of the entry
man and the person or persons entitl-
ed to complete the entry, in the order
of succession named in the statute,
takes such right and acquires title
direct from the government and not
by virtue of inheritance or bequest
from the entryman. But where there
is no widow and there are no heirs
qualified to take, the devisee to whom
the entryman had bequeathed all his
right and interest in the land, while
not deriving title under the will, is
made by such bequest the representa-
tive of the entryman and may complete
the entry under the express terms Of
the statute as the next beneficiary in
the order of succession named therein
Citing Tobias Beckner (6 L. D., 134).
An entryman engaged in the busi
ness of carrying the U. s. mail as a
subcontractor, does not entitle him to
have absences credited as residence.
Although working for the government
he is charged with the same statutory
requirements as if he were working
for a private individual Citing un-
reported case of Burton VS. Nix (de-
cided June 8, l909).
/ Rule S3 of the new rules of prac-
tice, subject rehearing, construed.
i Act of June 6, 1900 (3l Stat, 6S3),
gives the right to married woman to
make entry, who has prior to marriage
settled upon an unimproved tract. But
the man she married must not at the
time be claiming separate tract un
der the homestead law. The marriage
does not, per Sc, interfere with the
right of the wife to make final proof
| An entryman under the timber and
stone act, must show by affidavit that
he has made prior personal inspec-
tion of the land, as provided in the
rules and regulations issued under that
act. Citing Mary s. Ness (37 L. D.,
5S2) and U. S. vs.. Wood GO Fed. Rep,
4So).
While the act itself does not specifi-
cally require such a regulation, the
same is not inconsistent Herewith and
is reasonable requirement in order
to carry out the purposes of the act.
The department will take notice that
title to property of the Catholic church
rests in the bishop or archbishop as a
corporation sole under the polity OF
that church.
Desert Lands.
The entryman must show a clear
right to sufficient water to irrigate the
whole of the irrigable portion of the
entry. Citing case of Theodore T. A.
Tasigi $50 l.. d., 1851.
A second application to enter lands
under the desert land law will be re-
jected when it appears that patent is
sued under the first application. The
povisions of the second desert land
act of March 26, 1908 Gas Stat, 4S),
permits a second application only when
the first entry was "lost, forfeited or
abandoned and not to case where
title was actually acquired.
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