Rocky Ford enterprise., 1911-07-14
= r p r = p p = - p r r = r :
MONTHLY DIGEST. .
OF Important Public Land De- :
cisions.
i. -s.++ - 49,


The swamp land grant to the several
States is a grant in PRESENT. and an entry
improperly allowed must yield to the older
grant. 1t is well settled law that neither
settlement or fling constitute separately
or jointly. a sale or disposal of public
land. An equitable title does not rest in
claimant until final receipt. or tender of
payment, or of final proof. which should
of right be accepted. Until such condi-
ton exists. public land is not disposed of.
Intervention by private parties filing
contest after the expiration of two years
from date of final certificate cannot be
allowed under the decision in the case of
Chandler VS.. Haynes,et al. t5z L. D. 665l
Where the entryman sells his improve
ments and accompanies such sale by
REIMBURSEMENT of the homestead entry.
he is barred from making another entry,
and the Act of February 3, 1911. (56
Statae6) providing for allowance of
second homestead entries, will not apply
to give relief.
Prior to final proof, and upon death of
the entryman, patent will issue in the
name of the heirs, and not in name of a
divisee named IT will made by the en-
tryman. Citing Knight VS.. Hers of
Knight t59L.D.562l. 1t is the well set
tied rule of the Department that residence
is established from the moment the set
tier goes upon the land with the intention
in good faith of making it his home to the
exclusion of one elsewhere, provided such
intention is followed diligently and such
settlement is followed by actual inhabit-
ancy of the land in good faith. Good
faith is the essential foundation of all
claims under the Homestead Law. Git
ing Gilbert Satrang t5z L. D 695)
All desert entries in land district that
are suspended. pending an investigation
of the desert or non-desert character of
the land embraced therein. are not sub
ject to contest. Except as to the charao-
ter of the landl. and the entryman is not
required to further comply with the law
until notified that such order has been re-
voked. this rule having particular appli-
cation to Improvements.
In desert land cases the burden of
proof is upon the entrYman to show the
character of the land as claimed by him.
1t is also rule that lands bordering upon
streams. lakes, or other bodies of water.
are not subject to entry under the Desert
Land Law. until the clearest proof of
,boir 5oro,+ ch.r.r.or - F,,,,;.bo5 ~.
ing State of Oregon (55 L. D. 5z4).
The Department regulations governing
sales of isolated tracts contemplate that
| the sale be actually opened and held for
the term of one hour. to enable COMPETE
tive bidders to make bids. Mere offering
of the land and then the dismissal of the
bidders to assemble shortly thereafter is
an adjournment of the sale. An offer of
a check by the purchaser does not com-
ply with the regulations requiring cash.
However, a reasonable time should be
given to allow purchaser to cash check
and tender the money.
If a bidder, through a misunderstand-
ing, bids upon one tract when he intended
to bid upon another, he should be allowed
to correct his bid to cover the tract he
intended to bid for, and the other tract
should be reoffered. the object in view
being to obtain the best price possible for
each tract offered.
Deposits of gravel and sand suitable
for concrete construction, but otherwise
having no special value, except that de-
rived from proximity to a town. DO not
render the land in which they are found
mineral in character within the meaning
of the Mining Laws. or bar entry under
the Homestead Laws, notwithstanding
the land may be more valuable on ae-
count of such deposits than for agrlcul-
tural purposes.
NOTE-The digest is necessarily short
this month for the reason that the First
Assistant Secretary and Assistant At
torney General assumed office on June
LIST and comparatively few important de-
cisions were rendered during the Fast
month. for the reason that these officers
insist upon a careful personal considera-
ton of each case, in order that they may
more rapidly familiarize themselves with
the present business of the Department.