The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1911-11-11
DIGEST OF OCTOBER
LAND DECISIONS

The following important law points
have recently been decided by the
secretary of the interior.
Homesteads
Under section of the enlarged
homestead act, as construed by in
structions of June %, 1911 (40 l.. ID.
, 143), one who makes homestead entry
for less than 800 acres may enter
other contiguous lands, subject to the
provisions of that act, which shall not,
together with the original entry, ex-
ceed 320 acres.
The initial entry of public land un-
der the homestead laws is merely a
declaration of intention to acquire
title to the land by performing the
conditions required under the laws. By
such entry a settler is protected
against intrusion by other settlers but
as against the government his right is
only conditional and inchoate. Cit
ing Whitney vs. Taylor (158 U. S. 85,
95) Frisbie VS. Whitney 60 Wall, 1877.
To acquire any right against the
government by such fling or entry
it is incumbent upon a claimant to
establish by sufficient proof, to the sat
isfaction of the land department, ac-
cording to the prescribed rules, that he
has fulfilled the conditions required by
the homestead laws and is entitled to
a patent to the land. Until such proof
has been submittd and final certificate
issued no right vests in claimant
A REIMBURSEMENT made by entry
man intending to desert his wife and
in fraud of her rights in the premises
after her residence on the land for
nearly five years, cannot be held to de-
prive such deserted wife of her rights.
Desert Lands.
The second act of June %, 1910,
(Chap. 432), condones the prior failure
of entrymen to maintain residence
upon the land when the water has
not been available for irrigation of
the land, and suspends the running of
the seven year limitation of the life
of the entry by allowing the period
of residence to commence from the
time when water is made available.
The preference right of entry ac-
corded a successful contestant under
act of May IA, 1880, does not attach
until the cancellation of the entry
Until then, no right has vested and no
interest has been acquired that could
defeat the operation of the act of
June 25, 1910 Citing Emblem VS.. Lin
coin Land Co. (1S4 u. s. -660). and
Strader VS. Goodhue (31 L. D. 1877.
When a person claims a desert land
entry as transferee and fails to file
in the local lard Office any notice of
such transfer, he is not entitled to
notice of a proceeding against the
entry, as provided in rule 81 of the
rules of practice in force herein. (3l
L. D. 527).
When a desert entry is embraced in
township which has been suspended
from all forms of entry for the pur-
pose of re-survey thereof, the time for
making proof should be extended so
as to include the interval between the
date of suspension and the filing in the
local land Office of the new plat of sur
vey.
No company will be hereafter
recognized as beneficiary under the
act of March 3, 1891, granting rights
of way over the public lands and
reservations to canal and ditch COM
panies organized for the purpose of
irrigation, in the absence of an appli-
cation foramlly presented for specific
right of way; and in cases where a
]
of way, the department must be fur
nished with full showing of the uses
made of such rights of way, and the
intended uses to be made of the rights
of way sought in connection with
those alleged to have been previously
acquired to the end that the depart
ment may determine whether the pur-
poses of the company are properly
within the intendment of the act of
March 3, 1891, as amended by the act
of May IL, 1898. $50 Stat. 404)
Mining.
Each mineral applicant must make
the usual FIVE hundred dollar expendi-
ture upon the claim. Improvements
made prior to location, and upon and
for the exclusive benefit of previous
location, cannot be claimed. Neither
can the senior location be revived and
substituted for the junior location COW
ering the same ground, in order to
bring in the formers improvements as
basis for entry and patent.
Where Judgment by default was en-
tered against mineral applicant, at
hearing of charges made by special
agent because of non-appearance of ap-
plicant or his attorney, such default
may be set aside where it is clearly
shown that absence of attorney was
due to inadvertence and oversight and
was not intentional or premeditated,
either upon the part of the entryman
or his counsel. Citing Esberne K Null
Ter $50 l.. d. 72).
A United States mineral surveyor
cannot consistently be he owner of
capital stock in company which is
the record owner of an unpatented
mining claim and participate in the
subdivision of the claim into town lots
and act as agent of the company in
negotiating the sale of such lots. Act
ing in such dual capaciy, he is liable
to have his appointment revoked.
When it appears that two news
papers are published practically the
same distance from the tract for