Weekly journal-miner. [volume] (Prescott, Ariz.) 1908-1929, 1912-03-27

tcslants and to prevent the filing
and prosecution Of speculative con
tests by those who are not qualified
or do not intend To obtain title TO
the lands under appropriate public
laws.
The several provisions Of Rule 2
should not be construed with the
same strictncss as though required
by some specific provision Of the
law governing contests. Its purpose
was rather to furnish the officers Of
the government with such informa-
,hion respecting the intentions of the
contestants as would enable them to-
determine. in the light thereof,
whether the contest should be al.
lowed To be proceeded with or re
fused because brought merely for
speculative or other improper pur
lposc.
The existence Of a temporary with
drawal should not be held a bar 10
the initiation and prosecution Of a
contest by person who shows quail
iications under the rules, with a
view To clearing the record OF an
invalid entry. To refuse such con
tests would result either in the i'm
munity OF invalid claims included
within the limits Of temporary with
drawals from contest or entail upon
the government the burden and ex
pensc OF procuring their cancellation
The Land Department has no jur-
} isdiction of questions except those
: relating To entries Of particular tracts
, Of public lands The personal griev-
ances Of individuals connected with
public land matters cannot be CON
,idcrcd by the department.
\ petition for certiorari should al
c ways contain copy OF the decision
= OF the General Land Office refusing
!, To transmit an appeal. or matter IN
c question. This is necessary in order
o that the facts appearing of record
r upon which the Commissioner acted
= may be shown When decision oi
= tho Commissioner is complained Of
c the petition for certiorari and ex-
i hibits must show that the decision
J. complained Of was erroneous and
i that substantial right has beer
o denied.
II Timber and Stone.
d Lands containing improvements
y canno, be acquired under the Tim
Der and Stone Law except i'll the cast
u of two classes Of improvements: O.
e those constructed for ditch or cana
! purposes, and (2) those belonging
/ to the applicant himself.
It Miscellaneous.
II Legal title to- a tract OF land re
I linquished TO the United States al
J. base for selection does not pas
until the selection is approved. BE
q fore that time the state may reced,
II from its selection and take. in place
r or, for sufficient reason, the Com
IS missioner may reject the selection
C leaving the title oil state To its schoo
base unaffected by the attempted
selection.
&C Mining.
d Where a protest alleges that onl,
It a part OF the GROUND Is mineral il
d character and embraced in valid
e subsisting lode location and such
x protest is sustained by the depart
ment, only that part OF the entr,
r should be cancelled which is in di
/ rect conflict with the mineral claims
n The balance OF the entry should b.
II allowed to remain intact.
l. Where a citizen Of the United
:. States has made an entry upon pub
lie lands OF the United States under
and in accordance with the Home
l. stead Laws Of the United States
$, which entry is in all respects regular
5 he may utilize sand and gravel OF
e said land for the purpose OF improv
le ing the entry. Removal OF sand an,
gravel prior to filing and subsequen
e thereto, for the purpose Of sale ma!
l. constitute trespass, but will not
s. nece ssarily, invalidate the entry.
rr A valid mining location can b.
he based only upon discovery mad
III within its limits and upon publi
s. lands Of the United States.
IS When the Land Department Ina
rendered decision that lands with
p in the primary limits of railroad
he grant were mineral in character a
u the date Of the grant, II except
* such lands from the operation o
G. the grant and no rights attach there
r to under the grant upon a subsequcn
adjudication by that Department II