The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1911-11-17

time for making proof shou d be e.
5 tended SO as to include the interv;
. between the date of suspension an
the filing in the local land office {
the new plat of survey.
No company will be hereafte
: recognized as beneficiary under tn
. act of March 3, 1891, granting right
of way over the public lands and RI
! servations to canal and ditch compar
. les organized for the purpose of irr
cation, in the absence of an applica
ton formally presented for a specifi
right of way; and in cases where
company claims to own existin
rights of way, the department
must be furnished with full
showing of the uses made O
such rights of way, and tn
intended uses to be made of tn
rights of way sought in connection
with those alleged to have been pre-
viously acquired, to the end that tn,
department may determine whethe
the purposes of the company are pro
perly within the intendment of tn,
act of March 8, 1891, as amended
by the act of May II, 1898. &c
Stat, 404.)
Timber and Stone
Lands subject to entry as Timber
and Stone lands, under the act OF
June 3, 1878, may be entered under
the homestead laws, if they can be
adapted to practical agricultural uses
and the requirements of the home
stead laws can be complied with in
all other respects. Citing Finley VS..
Ness (3S L. D., 394).
The commissioner of the general
land office has ample authority under
section 22-23-25 OF the Timber and
stone regulations of November 80,
1908, to revise the proceedings relat-
ing to entry, and where mistake ap-
pears to order a re-appraisement
This may be done even after pro.
is made and final certificate issued.
Practice
The rules require that homestead
applying to make proof,
state whether he will offer commuta-
ton or five-year proof and the form
blanks are prepared for the insertion
Of five year" or Communication" as
The case may be. If entryman makes
mistake in advertising kind of proof
20 be offered, Reimbursement will
,e necessary.
No selection is complete until acted
lpon by the department. Where two
public surveys have been made of the
ame land and approved by the de-
'artment, and the first is in force and
fleet when selection was made, and
he second in force and effect when
latent was issued, the last survey
overns, even If mistake were made
the issue of patent.
Where it is charged in an affidavit
t contest that the entry was not
lade in good faith, but for specula-
we purposes only, and not with the
ltent to make home, but for the
lere purpose of selling relinquish-
lent, it is sufficient to warrant the
rdering Of hearing.
The department will permit oral
rguments In contest cases pending
efore it and it is the duty of counsel ,
confer with all parties for the pur- q
ose of deciding as to the date. Ar y
lments will be heard on such date c
consistent with other plans. If t
lch stipulation cannot be had, the |
apartment will entertain a motion I
IF oral argument by any party. after t
)tice to all parties When such
otion come up, the question of whe- C
er an argument will be allowed, n
Id II allowed, when, will be settled. c
Mining "
Each mineral applicant must have s
e usual five hundred dollar expendi- L
re upon the claim. improvements +
ade prior to location, and upon and N
the exclusive benent of previous 3
cation, cannot be claimed. Neither G.
n the senior location be revived and U
bst1tuted for the junior location IL
vering the same ground, in order
bring in the formers improvements d.
a basis for entry and patent hi
Where judgment by default was st
tered against mineral applicant, W
a hearing of charges made by spec hi
agent because OF non-appearance as
applicant or his attorney, such de-
lit may be set aside where it is ed
arly shown that absence of attor- dc
was due to inadvertence and over ID;
MT and was not intentional or nro he