The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1911-10-13

When land is withdrawn of recort
under provisions of law, in anticipa
ton of an irrigation project, a prio
entry thereof may be allowed whel
1t appears that the land embraced il
the entry is subject to irrigation ant
to a large extent irrigated from pri
vate irrigation ditch, and is so situat
ed as not to be irrigable from an.
government project i'm course of con
struction or even in contemplation.
Timber and Stone
When an entryman under the Tim
Der and Stone act fails to submit fina
proof on the day fixed therefor in the
public notice, or within ten days
thereafter, his timber and stone sworr
statement ceases to have any effect to
reserve the land from other disposi.
ton. Subsequent application to re-
advertise, made after the withdrawal
of the land, must be held subject to
the conditions of that withdrawal
Citing Edith Curtis (33 L. D. $3.50.
No rights are acquired by the new
filing of timber and stone sworn
statement as will, upon the death OF
the applicant prior to proof and pay.
ment, descend to his heirs. CitinA
Burns vs.. Bergh's Heirs (37 L. d.,
1919.
. .,ss HI Practice
Although Rule u of practice pro-
vides that no motion for rehearing OF
the decision of the commissioner will
be allowed, there would seem to be
no reason why the commissioner OF
the general land Office should not, up
on his attention being called to an
alleged mistake or oversight, and be-
fore the case has been taken from his
jurisdiction by appeal, reconsider and
correct his decision. Obviously, prior
to an appeal, such action can be taken
of his own motion,
When two applications to contest
are filed in the local land Office SIM
ultaneously, the one which was sworn
to first will have priority.
Mining
1t is now we'll settled that after the
location of valid placer mining
claim in good faith, by an association
of persons, each locator can convey
his undivided interest to whomsoever
he chooses, and the entire title to
such claim may thereby become vest
ed in one individual Citing 1877
Federal Reporter, 1851.
1t is mot the policy of the depart
ment to hear protests in mining cases
while an adverse suit is pending and
being litigated in the local courts. Ii
the court, in that proceeding, should
conclude to continue the trial until
the protest could be heard and deter
mined, the department would then be
disposed to order hearing thereon.
The term "vein or lode" does not
mean merely typical assure or con-
tact vein, but, rather, any partly de-
fined zone or belt of mineral bearing
rock in place, To constitute a valu-
able discovery upon claim for which
patent is sought there must be actu-
ally and physically exposed within the
limits thereof vein of mineral bear
ing lode in place, possessing in and
of itself present or prospective value
for mining purposes; and before pa
tent can be properly issued or allow
ed thereon, the fact must be shown
in the manner above stated,
When land is known to be chiefly
valuable for coal, prior to approval of
survey, no right will vest in a state,
with regard to such tract under
school grant.
When there is a charge that the
land is mineral in character and was
known to be mineral at the date of
final proof, the provisions of Section
Z, Act Of March 3, 1891 (26 Stat,
1880, cannot be invoked to require
issue of patent. Said Act was not in
tended to include mineral entries nor
lands mineral in character, known to
be such at the time of final entry.
Section 1926 R. s. has exclusive re-
ference to adverse proceedings insti-
uted to one claiming certain ground |
lnder the Mining Laws against min
,ral applicant for the same ground,
% determine the right of possession |
Is between the parties to the proceed
ng. Citing Greed Co. VS., Unita Co.
,196 U. s., o37.
DEEP MYSTERY OF THE PRESS