Rocky Ford enterprise., 1911-08-18
MONTHLY DIGEST.
OF Important Public Land De-
cisions.
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When an entryman had made a
| former homestead entry OF less than
| 100 acres for which he acquired title,
he was not qualified to make an entry
under the reclamation act.
The act of March 2. 1880 (25 Stat.
| $50 has no application to entries un-
der the reclamation act, and the ad-
ditional right granted in said act of
| March ?, 1880, cannot be exercised by
entry within reclamation project
Citing instructions, June I6, 1900. (3S
L. d. 5S)
When claimant made entry for a
technical quarter-section of land, and
after five years residence thereon OBJ
tanned title thereto, he exhausted his
right.
The fact that the land patented
lacked little more than two acres of
making 100 acres did not give him the
status OF a qualified homestead entry
man or the right to enter under the
enlarged homestead act, an additional
| $50 acres.
Extenuating circ umstances in favor
of entryman will not justify the De-
partment charged with the duty of
disposing OF the public lands in the
manner provided by law, to dispose OF
them contrary to the express provis-
| ions of that law.
A homestead entry must be cancel
| ed as mere pretext of residence and
| improvement where it is shown that
| the entryman merely made occasion
al visits to the land, where he merely
had house furnished with stove and
| dishes, it being shown that the entry
man was in partnership in a thresh-
| ing machine and other farm machin-
| cry
The act of March 2S, 1908, granting
extension in certain cases, is re-
medal law. to be literally construed
and applied so as to relieve and assist
entrymen who have acted in good
| faith in the arduous work of reclaim
ing desert lands. Citing Hoobler VS..
Treffry $50 L. d. $50
A desert land entryman may make
proof of reclamation and receive pat
ent within four years from date of
entry. In order to obtain extension
of time in which to submit final proof
under provisions of Section 3, of the
Act of March IS. 1908 (35 Stat. 52), it
must appear that failure to reclaim
was without fault on his part" and
due to some unavoidable delay in the
construction of the irrigating works
intended to convey water to the said
lands"
Desert land entrymen should not. in
general, depend upon cooperation with
adjoining land proprietors or entry
men for the necessary water to re-
claim land entered.
Although the Commissioner of the
General Land Office may avail him
self of the aid of a contestant in de
termining the validity or invalidity OF
lieu land selection, his refusal to ac-
cept such aid is not the denial OF le-
gal right, and his exercise of discre-
tion in such matters will not be con-
trolled by the Department unless it is
| clearly apparent that it has been abus-
ed. Applications to contest therefore
denied and decision OF the Commits
sioner affirmed.
Where there are conflicting claims
in cases OF final proof, hearing be-
fore the local office is the only means
by which all parties can present the
respectite claims to the las1d and
therefore such hearing will be ordered
by the Department in such cases.
The Commissioner of the General
Land Office has full jurisdiction to
reverse the action of the local officers
in matters OF final proof. Final proof
matters are ex parte cases, and no
proceedings as upon appeal are nee
essary. in order to invest the General
Land Office with full jurisdiction.