The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1911-08-04
PUBLIC LAND DE-
CISIONS

CISIONS
The following important law points
haverecently been decided by the
Secretary of the Interior.
HOmesteads
The swamp land grant to the sew
eral states is grant in present. and
an entry improperly allowed must
yield to the older grant 1t is we'll
settled law that neither settlement
or filing constitute separately or
Jointly, sale or disposal of public
land An equitable title does not
rest in claimant until final re-
ceipt, or tender of payment, or of
final proof, which shuold of right be
accepted. Until such condition exists,
public land is not disposed of.
Intervention by private parties fil-
ing contest after the expiration of two
years from date of final certificate
cannot be allowed under the decision
in the case of Chandler VS.. Haynes,
let al (37 L. D. 663).
Where the entryman sells his i'm
provements and accompanies such
sale by REIMBURSEMENT of the home
stead entry, he is barred from max
ing another entry, and the act of
February 3, 1911 (36 Stat S96).
providing for allowance of second
Ehomestead 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 the name of a divisee named
in a will made by the entryman.
Citing knight VS.. Heirs of Knight
(39 L. D. 1922. 1t is the well settled
rule of the Department that residence
is established from the monment the
settler goes upon the land with the
intention, in good faith, of making
it his home, to the exclusion of one
elsewhere, provided such intention is
followed diligently and such settle
ment is followed by actual inhabit-
ancy 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. 683).
Desert Lands
ALI desert entries in land dis
trict that are suspended, pending an
investigation of the desert or nom
desert character of the land embraced
therein, are not subject to contest
(exceptcept as to the character of
the land), and the entryman is not
required to further comply with the
law until notified ha such order has
been revoked, his dule having parti-
cular application to improvements.
| In desert land cases the burden of
proof is upon the entryman to show
the character of the land as claimed
lby him. 1t is also a rule that lands
bordernupon streams, lakes or other
bodies of water, are not subject to
entry under the Desert Land Law
until the clearest proof of their des-
ert character is furnished. Citing
State of Oregon (33 l.. D. 374.
| Practice
| The Department will insist upon
an observance of the rules govern
ing appeal. ''Notice of Appeal" as
provided by Rule 76, is not by itself
sufficient to have case considered on
its merits. Notice of Appeal" must
set forth in clear and concise lang
uage the grounds of the appeal or the
same must appear in the brief and
Specification of Error" filed with the
notice This may be filed with the
Commissioner, or with the Secretary
|of the Interior, of the record shall
Ihave been transmitted, but the rule
4 itself is mandatory and must be OBJ
Iserved.
| Isolated Tracts
The Department regulations gov.
erning sales of isolated tracts con-
template that the sale be actually
opened and held for the term of one
hour, to enable competitive bidders tc
make bids Mere offering of the land
and then the dismissal Of the bidders
. to assemble shortly thereafter is ar
, adjournment Of the sale. An offer o1
check by the purchaser does moi
comply with the regulations requiring
, cash. However, a reasonable time
should be given to allow purchaser tt
cash check and tender the money.
|, II a bidder, through misunder
: standing. bids upon one tract when N
= intended to bid upon another, h
9 should be allowed to correct his bic
to cover the tract he intended to bic
, for, and the other tract should be re
| offered, the object in view being t.
obtain the best price ossible for eacf
tract offered.
Timber and Stone
!, The government may appraise tn
g land any time before the applican
: has made deposit for the minimum
I price for the same. Section 19 Of tn
3 Regulations of November 80, 1908
I amended accordingly.
Furthermore, protest or advers
report may be lodged against an ap
plicion or entry at any time within
two years from the issuance Of tn
s final receipt.
e Mining
: Work performed under an dior tn
benefit of one locality cannot b
a utilized as patent expenditure TO
u the benefit of a maximum location
/ in which is included the old area, to
gether with the tract of new ground
q This would evade the statue requiring
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