The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1911-09-08
1t is within the discretion of the

J Office to cefuse to entertain contes
} when the entry in question is unde
Investigation by the Government
through it's special agents, and such
action of the Commissioner is not /
denial of statutory right.
In the exercise of such discretion
he may accept or refuse the offer Of
any one to aid in the prosecution Of
proceedings against an entry that has
been commenced by the Government
Citing Milroy VS.. Jones (36 L. D. 43S.
440).
That rule appears with greater
force when no preference right OF
entry can be acquired under such con-
test and when. in consequence there
of, no legal right is denied by refus-
ing to allow the application.
When an attorney enormously en-
titles motion Motion for Review >
instead of Motion for Re-Hearing, 4"
as provided in R lie 83 of the present
rules of practice, such motion may be
considered by the Department, pro-
vided it appears to conform to the
'ule relative to motions for re-hear-
ing.
A rejection by the Commissioner
of the General Land Office of an ap-
plication to contest Forest Lieu
selection is not the denial of a legal
right, because there is no statutory
right of contest in such cases and no
preference right can be secured upon
the cancellation of the selection as
a result of such contest.
Scrip
Occupancy of the land at the date
of selection under the Forest Lieu
selection Act June 4, 1897, is suf-
ficient, per Sc, to defeat such selec>
ton, irrespective of whether the oc-
cupant is complaining thereof or not
If any one is asserting an adverse
claim in himself to land selected
under the exchange provisions of said
Act of June 4, 1897, supported by
sufficient prima facia showing, he is
entitled to hearing as matter OF
rie f0 10 h1ich oIo T.
land.
Mining
The Act of June %, 1910, provides
i0r the allowance of agricultural |
entries of lands which have been |
withdrawn or classified as coal lands,
resel wing to the United States the
coal the-e Elm, and permitting the en-
trynlan receive a limited patent.
Where entries have been allowed
without notice Of such classification
or withdrawal and of the conditions
imposed by the ect, the entryman
may, if he so desires, be permitted to
relinquish his entry without prejudice
to his homestead right. If he does
not signify his election to complete
The entry under the terms and condi-
lions imposed by the Act, his entry
will be Cancelled.
The act, however, does not deny
him the right to hearing, with
view to disprove such classification
Under the regulations in such case
made and provided.
If, as matter of fact, land is nom
mineral in character, an invalid placer
;laim would be no bar to it's appro-
)riation under the homestead law,
Ind in such case, the only question
It isr' would be the mineral or nom
mineral charcter of the land.
A perfected mining location within
he area of an executive withdrawal
lnder the Act of June rs, 1910 (36
Stat. $40, and prior to such with
travail is deemed to be an estate of
UGH character as to remain unaffect-
ID by such order of withdrawal. ,
Mining applications verified by an
.ttorney of the company are not void,
tut voidable and capable of amend
nent. .a.a ,s.-.s-....
When proof of posting upon the
and and the application for patent
We. e verified before Notary Public, I
rho' was one of the attorneys for the
ompany in prosecuting its iapplfca-
ion proceedings, in such case, new
duly executed, may be flied
tunc pro tune, to clear such defects.
'rior decisions Of Ell IPaso Brick Co.
81 L. d. 1850 and others to same
fleet, overruled and superseded.
The procedure under the mining J
e9s the Application Tor patent
ears a close analogy toithe essential
leading declaration petition, com
q - .