The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1912-04-11
OF MARCH
LAND DECISIONS

The following important law points
have recently been decided by the
secretary of the interior:
Homesteads.
Where a homestead entryman dies
prior to submission of final proof the
order of succession to his interest in
and 1892 r. s., U. s. These sections
are very carefully considered and
construed by the supreme court in
U. s., 242). 1T was there held that
section 2292 has no application when
there are heirs other than infant
children of the deceased entryman;
that the succession is to the heirs
generally under section 1921, if there
be both adult and minor heirs.
Where the validity of settlement
claim is established within an unsur-
veyed forest reserve, petition may be
made to the agricultural department
to exclude the land from the forest
under the act of June IL, 1906 ga
stat, 233), under which act survey
can be made and the entry allowed
and passed to patent.
Section 6 of the enlarged home
stead act excuses residence under the
conditions stated therein, but requires
cultivation of an additional area dur
ing the fourth and fifth years after
the date of an entry made thereafter.
Entry of lands in the state of Utah,
which have been entered under Sec
tions l and 5 of the enlarged home
stead act may, upon application and
proper showing, be changed so as to
stand under the provisions of section
66 of said act, provided the character
of the official designation include said
section 6, making it applicable to
such designation.
A settler by honest mistake erects
his house outside the boundaries of
his claim is constructively resident
upon the land entered, if he in
good faith maintains residence upon
the land upon which his house was
constructed and, upon hearing of his
mistake, removes to the land enterd.
But it must be shown that the mistake
was honestly made and that actual
residence has been maintained upon
one tract or the other.
TIE joint resolutions of congress
of Feb. 2. 1907, (granting additional
time to establish residence) and the
act of Jan. Is, 1907, have been uni
formly construed by the department
as following constructive residence for
a period of six months prior to the
date of actual residence and no more,
when actual residence is established
within the time prescribed by said
acts and joint resolution Citing (3S
L. d., 451) and $50 D.. 506).
Disposal of lands withdrawn under
the act of June %, 1910, is specifically
limited (D to actual settlers under
the homestead laws; ~ under the
desert land laws; (3) to selection un-
der the "Carey'' act and (4) to
Withdrawals under the reclamation
act. Accordingly the appliation of a
state to select was properly rejected.
One having an entry must comply
with the law respecting settlement,
improvement and cultivation When
his entry is attacked, he cannot wait
until the termination of that litiga-
tion before he establishes residence or
makes any effort to comply with the
law of the entry.
No right to make entry under the
act of Feb. 49, 1909, can be acquired
prior to the date that the land has
been designated by the secretary of
the interior as of the character of
lands subjct to entry under its pro-
visions.
Desert Lands.
A report of the director of the
geological survey made to the gener-
al land office as to the intent and con-
duct of an applicant for reservoir
1 site has no more force and effect than
the report ia special agent of the
general land office. 1t may be
credited by the commissioner as basis
for a charge and order to show cause,
but is not evidence upon which he
can take final action. No one making
a legal application, specifying a law
ful purpose named in the law should
be denied, except on notice and
opportunity to be heard.
Mere defects in proof or INSULT
cient water rights do not necessarily
imply fraud nor preclude a claimant
from supplementing such proof so as
to meet legal requirements under
direction from the commissioner. A
contest against an entry upon which
final proof has been submitted does
not interfere with the administrative
power of the commissioner to permit
completion or proor or the curing OF
any defect therein where fraud or
bad faith is not shown.
The reclamation act declares that
no right to the use of water for land
in private ownership shall be sold
to any land owner unless he be an
actual bona fde resident on such land
or occupant thereof, residing in the
peighborhood of said land The
neighborhood of said land' has
been construed to extend to fifty miles
and no more.
Where desert land entryman does
not include in his entry the full area
allowed by law, for the reason that
the vacant land adjoining that entry
was not susceptible of irrigation at
the date of original entry, he may, if
such adjoining land by reason of ex-
tension of improvements subsequently,