Weekly journal-miner., 1911-08-09
Important Decisions Affecting All Government Lands
 COPYRIGHT,
COPYRIGHT, 1911.

The swamp land grant to the sev- eral States is a grant in present. and an entry improperly allowed must yield to the other grant. It is well settled law that neither settlement or filing constitute separately or joint ly, a sale or disposal of public land. An equitable title does not rest in a claimant until final receipt or tender of payment, or final proof which should of right be accepted Until such condition exists, public land is not disposed of.
 | Intervention by private parties fil- ing contests after the expiration of two years from date of final eertifi- cate cannot be allowed under the de- cision in the ease of Chandler vs Haynes, ct al, (37 L. D. 663).
 Where the entryman sells his i'm provements and accompanies such sale by a relinquishment of the homestead entry, he is barred from making another entry and the Act of Feb ruary 3, 1911, (36 Stat. s96), provid- ing for allowance of second home , stead 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 in a will made by the entrymen. Citing Knight vs. Heirs of Knight (39 l.. D. 362). It is the well settled rule of the Department that residence is estab- lished from the moment the settler goes upon the land with the inten- tion, in good faith of making it his home to the exclusion of one else where. provided such intention is fol lowed diligently and such settlement is followed by actual inhabitancy of the land in good faith. Good faith is the essential foundation of all claims under the Homestead Law. Citing Gilbert Satrang(37 L. D. 6S3)
 Desert Lands
 All desert entries in a land district that are suspended, pending an in- vestigation of the desert or nOn-des- ert character of the land embraced therein. are not subject to contest, (except as to the character of the land), and the entryman is not re- quired to further comply with the law until notified that such order has been revoked this rule having par ticular application to improvements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. It is also a rule that lands border upon streams, lakes or other bodies of water, are not subject to entry under the Desert Land Law, until the dearest proof of their de. ert character is furnished. Citing State of Oregon (33 L. D. 374)
 Practice
 The Department will insist upon an observance of the rules governing ap peal. "Notiee of Appeal" as pro- vided by Rule 76, is not in itself sufficient to have ease considered on its merits. "Notiee of Appeal" must be set forth in clear and con else language the grounds of the ap- peal or the same must appear in '' Brief and Specification of ErrOr," filed with the notice. This may be filed with the Commissioner or with the Secretary of the Interior, if the record shall have been transmitted, l but the rule itself is mandatory and ! must be observed.
 Isolated Tracts
 The Department regulations govern ing sales of isolated tracts eOntem- | plate that the sale be actually opened 1 and held for the term of one hour, to i enable competitive bidders to make bids. Mere offering of the land and l then the dismissal of the bidders to assemble shortly thereafter is an ad- iournment of the sale An offer of | a cheek by the purchaser does not comply with the regulations requiring cash. However a reasonable time | should be given to allow purchaser to cash cheek and tender the money.
 If a bidder through a misunder- standing 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 i bid for, and the other tract be re- offered, the object in view being | to obtain the best price possible for each tract offered.
 Timber and Stone