Deming graphic. (Deming, N.M.) 1903-1948, 1911-12-29
LATEST DIGEST or
LAND DECISIONS
Important Measures that have
Been Passed Upon by
the Government
GOOD THINGS TO KNOW
The Government is Always
Ready to Help the Man
Who Means Business.
GOOD THINGS TO KNOW
HOMEsTEADs.

When absence from the land on
account of sickness will, in some
circumstances, be held excusable by
the Department, II 1t is accompan-
led by only short residence, meager
improvements and cultivation Of the
entry. the final proof will he re-
jected.
Entries made prior to the act Of
Aug. 25, 1890 (26 Stat. 39l) or set
Elements made prior thereto and
subsequently carried to entry,
should not be considered in deter
mining the quantity of land an en-
tryman or settler may acquire
under the limitation of said act.
Where one claims the right Of
entry based upon settlement or res
idence, that residence should be
continued until the entry has been
allowed.
Where a soldiers widow makes
entry in her own personal right,
she cannot claim that the period of
military service should be deducted
from the five year period of resid-
ence required upon a homestead
eutry. Section 1907, Revised Stat
utes. applies only to the land en-
tered by the deceased soldier.
The act of June 2S. 1910, pro-
vides merely for leave of absence
of three months. and will not cure
a default existing prior to the date
Of the act.
A withdrawal of public lands for
forestry purposes creates an adverse
claim, which defeats the right of
any mere subsequent settler.
Temporary absences on the part
the cntryman on account of eli
matte conditions have been excused
only by the Department only whe''
the conditions surrounding the
entry clearly indicate bona fde
intention to make a home on the
entry.
An additional entry of lands
under the enlarged homestead act
February 10. 1909, must be contigu-
Gus to the original entry.
Act of June s. 1880, making pro-
visions for settlers on public lands,
who thereafter become insane, is to
be construed only as an act for the
relief of settlers. II provides
for the relief of persons who
become insane during the time of
their residence. A settler is one
who attaches himself to piece of
public land by such unequivocal act
as shows his intent to make his
home there and to acquire title
under the settlement laws. A res
ident is one who in compliance with
the settlement laws is residing on
public land. Until such acts have
been performed as show unequlv-
ocably thai an entryman intends to
make his home upon the land, he is
neither a settler or a resident.
Citing case of Welsh vs.. Hackett,
3S l.. ID. 5l5.
DESERT LANDS.
Under Departmental order Of
April %. 1911 Gao l.. d. Sd, water
right charges become due on Dec
ember |, following.
In passing the original Desert
Land Act, il was the manifest pur-
pose of Congress to hold out to the
citizens of the United States an
inducement to reclaim the waste
md desert lands of the public
domain and thus render them SUD-
servient to the uses of husbandry
by the process of irrigation This
was to be accomplished by means
of such a system of bitches as
would carry to the subdivisions Of
the land, capable of being reached
by the surface flow, supply o'
water, such as, when let out OF the
bitches by draw gates or smaller
bitches. might spread over th'
accessible parts, and stimulate veg
etable life. If the main d'tche
were thus constructed, with tn