Deming graphic. (Deming, N.M.) 1903-1948, 1911-08-11

HoMEsTEADs.

WIN" 80 %ttt& *+f>-'- $3.50
former homestead entry OF less
than 100 acres for which he ac-
quired title. he was not qualified to
make an entry under the reclama-
ton act.
| The act Of March 2. 1889 t25
Stat. $50 has no application 70
entries under the reclamation act.
and the additional right granted In
said act Of March 2, 1889. cannot
be exercised by entry within a
reclamation project. Citing In
structions, June l6. 1909. (ss L.
d. 58.)
When a claimant made entry for
a technical quarter section Of land,
and after five years Of residence
thereon obtained title thereto. he
exhausted his right.
/ The fact that the land patented
lacked a little more than two acres
of making 100 acres did not give
him the status Of a qualified home
stead entryman or the right to en-
ter under the enlarged homestead
act. an additional 800 acres.
Extenuating circumstances in
favor of entryman will not justify
the Department charged with the
duty Of disposing Of the public
lands In the manner provided by
law, to dispose Of them contrary to
the express provisions Of that law.
A homestead entsy must be cam
celed as a mere pretext Of resid-
ence and Improvement where II Is
shown that the entryman merely
made occasional visits TO the land.
where he merely had a house fur
nished with stove and dishes, It
being shown that the entryman was
in partnership with a threshing
machine and other farm machinery.
DESERT LANDS.
The act of March %. 1908, grant
ing extension In certain cases. is a
remedial law. to be literally con-
strued and applied so as to relieve
and assist entrymen who have acted
in good faith In the arduous work
Of retaining desert lands Citing
Hoobler VS.. Trefry t3s L. d. 557.)
A desert land entryman may
make proof Of reclamation and re-
ceive patent within four years from
date of entry. In order 10 obtain
extension of time in which to sub
nit final proof under provisions Of
Section 8 Of the act Of March Is.
1908 (35 Stat. 52), It must appear
that failure TO reclaim was with
out fault on his part" and due to
some unavoidable delay in the
construction Of the irrigating works
intended to convey water to said
lands"
Desert land entryman should not,
in general. depend on cooperation
with adjoining land proprietors or
entrymen for the necessary water
to reclaim land entered.
PRACTICE.
Attic the Commissioner Of the
General Land Office may avail him
self Of the aid of contestant in
determining the validity or invalid
ity of a lieu land selection, his
refusal to accept such aid Is not the
the denial of legal right, and his
exercise Of discretion in such mat
tiers will not be controlled by the
Department unless II is clearly
apparent that II has been abused.
Application to contest therefore de-
MED and decision Of the Commits
sioner affirmed.
FINAL PROOF.
Where there are conflicting
claims in cases of final proof, a
hearing before the local Office is the
only means by which all parties can
present the respective claims to the
land and therefore such hearing
will be ordered by the Department
in such cases.
The Commissioner Of the General
Land Office has full jurisdiction to
reverse the action Of the local
officers in matters Of final proof.
Final proof matters are ex parte
cases, and no proceedings as upon
appeal are necessary, in order to
invest the General Land Office with
full Jurisdiction.