The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1911-12-23
DIGEST OF NOYEM-
B[R LAND RULINGS


retary of the interior:
Homesteads.
While absent from the land on ac-
count of sickness will, under circum-
stances, be held excusable by the de-
partment, if it is accompanied by only
short residence, meager improvements
and cultivation of the entry, the final
proof will be rejected
Entries made prior to the act of
Aug. 20, 1890 (26 stat. 391) or settle
ments made prior thereto and subse-
quently carried to entry should not be
considered in determining the quanti-
ty of land an entryman or settler may
acquire under the limitation of said
act.
| Where one claims the right of entry
based upon settlement or residence,
that residence should be continued un-
| til the entry has been allowed.
! Where a soldiers widow makes en-
try in her own personal right, she can
not claim that the period of military
service of the husband should be de-
Quoted from the fve-year period of
residence required upon homestead
entry. Section 2307, Revised Statutes,
applies only to the land entered by the
deceased soldier.
The act of June 28, 1910, provides
merely for leave of absence for three
months, and will not cure default ex-
listing 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 of
the entryman on account of climatic
conditions have been excused by the
department only where the circum-
stances surrounding the entry clearly
indicate bona fide intention to main
tain a home upon the entry.
An additional entry of lands under
the enlarged homestead act of Febru-
ary 10, 1909, must be contiguous to the
original entry.
Act of Jnue 8, 1880, making provis-
ions for settlers on public lands, who
thereafter become insane, is to be con-
strued as an act only for the relief of
"sattlers. 1t provides for the relief
of persons who become insane during
the time of their residence set
tier is one who attaches himself to
piece of public land by such unequivo-
cal act as shows his intent to make
his home there and to acquire title
under the settlement laws. A resi-
dent is one who in compliance with
the settlement laws is residing upon
public land. Until such acts have been
performed as show unequivocably that
an entryman intends to make his home
upon the land, he is neither settler
nor a resident. Citing case of Welsh
VS.. Hackett, SO l.. D. SIS.
Desert Lands.
Under departmental order of April
%, 1911 (40 L. D. sly, water right
charges become due on December l,
following.
In passing the original desert land
act, it was the manifest purpose of
congress to hold out to the citizens of
the United States an inducement to
reclaim the waste and desert lands of
the public domain, and thus rander
them subservient to the uses of hus-
bandry by process of irrigation. This
was to be accomplished by such a svs-
tenn of bitches as would carry to the
subdivisions of the land, capable of
being reached by the surface flow,
supply of water such as, when let out
of the bitches, might spread over the
accessible parts, and stimulate vege-
table life. LII the main bitches were
thus constructed, with the acquired
adequate supply of water to irrigate
the lands for the purpose of cultiva-
tion in the ordinary method of carry
ing it out over the surface of the
ground, we think the reclamation con-
templated by the statute was accom-
plished, without showing that this
appropriation was followed by actual
use and cultivation.
The amendatory act of March 3,
1891, does not require any different
character o. reclamation, but simply
provides that An expenditure of three
dollars per acre must be shown, and
one-eighth of the land embraced in
the entry must be cultivated and so
shown in the final proof.
Final Proof.
The provisions of section 7 of the
act of March 3, 1891, have no refer
ence to proceedings by the United
States, or its officers or agents, in re-
spect to entries therein specified, and
therefore do not affect the conduct or
action of the land department in tax
ing up and disposing of final proof of
entryman after the lapse of two years
mentioned in the act.
A report of special agent of the
general land Office cannot be consider
ed as evidence in contested case if
it is entirely ex parte, without any OPP
portunity for examination.
Mining.
The acts of June 25. 1910 CSC Stat.
S47), and March 2, 1911 (36 Stat
1879, clearly indicate that congress
took cognizance of the fact that de-
partmental withdrawal of oil lands had
been made prior to the passage of
these acts.
Although applications made by
deputy mineral surveyor in his own
behalf are void, where he makes ap-
plication as attorney in fact for his
principal and such deputy mineral sur
veyor has no interest in the entry or
application and is merely acting in his