Rocky Ford enterprise., 1911-09-29
MONTHLY DIGEST. !
OF Important Public Land De-
cisions.
r r 4. 4. 4. r. 4. 4. +. r 4. 4, r 4. 1

Entryman must have a good water
right for sufficient water to irrigate
the entire irripable area in the entry
In allowing credits for annual proof
it is not necessary that the water
right should be fully complete in the
entryman nor that the water should
at that time be available for use by
the claimant.
The Act of March 2, 1880 (25 Stat.
$50 has no application entries under
the Reclamation Act, and the add
tional right granted in said Act OF
March 2, 1880, cannot be exercised by
entry within a reclamation project.
Every entry OF land within the
limits of withdrawal under the Re
clamation Act is subject to reduction
to farm unit as thereafter estab-
lished by the Secretary of the Inter
ior, and improvements placed upon
the different subdivisions by the en-
tryman prior to such reduction are at
his risk Afn.ming case of Jerome M.
Higman (37 L. d. 7IS.
When the only issue before the De-
partment is whether the land is sub
ject to entry under the timber and
stone law, the claimant should make
prima facia showing, supported by
the affidavits of at least two witness
es, who have actual knowledge of the
character of the land, showing that it
is chiefly valuable for the timber
thereon. Upon filing of such affdav-
it, within the time allowed, a hearing
will be ordered to determine the ques-
ton. If the above requirements be
not complied with the entry will be
cancelled.
An affidavit of contest can be made
on information and belief and corro-
borated on personal knowledge and 1t
is not required to be executed within
the District in which the land is To-
Gated.
1t is for the General Land Office to
determine in what cases resurveys
are necessary and in what cases they
are not. When township has been
withdrawn from entry for investiga-
ton as TO whether resurvey is nee
essary, the Commissioner of the Gen
eral Land Office has sole primary jur-
isdiction to determine the necessity of
rcsurvey Until that determination
the township remains sub. judice, and
the suspension is in force.
1t is within the discretion of the
Commissioner of the General Land
Office to refuse to entertain contest
when the entry in question is under
investigation by the Government,
through its special agents, and such
act ton of the Commissioner is not a
denial of a statutory right.
In the exercise of such discretion,
he may accept or refuse the offer Of
any one to aid in the prosecution OF
proceedings against an entry that has
been commenced by the Government
Citing Milroy VS.. Jones go L. d. 49,
400.
That rule appears with greater
force when no preference right of
entry can be acquired under such con-
test and when, in consequence there
Of, no legal right is denied by refus-
ing to allow the application.
When an attorney enormously en-
titles a motion Motion for review
instead of Motion for rehearing," as
provided in Rule 80, of the present
rules of practice. such motion may be
considered by the Department, pro-
vided 1t appears to conform to the
rule relative TO motions for rehearing.
A rejection by the Commissioner OF
the General Land Office of an appli-
cation to contest Forest Lieu selec-
ton is not the denial of legal right
because there is no statutory right OF
contest in such cases and no prefer
encc right can be secured upon the
cancellation of the selection as a result
of such contest.