Weekly journal-miner., 1912-06-26
pay for. and enter such lands.
 Homesteada

W homestead act is homestead en. Itry, as is one under section 228o | Where the required amount of | money has been paid in connection | with a homestead entry to meet the | proper charges for the entry III
 amended. and fl there be no sub stantial administrative objections to
 allowance of amendment, the char.
 actcr of the entry may be changed
 SO as to stand subject to those other
 provisions of the homestead laws
 applicable to the land to be em-
 braced in the amended entry. A citizen of the United States
 loses his citizenship only by ex-
 patriation. Certain civil and polite
 al rights may be forfeited because
 of an infamous crime. but the
 status of citizenship remains with
 all the rights, privileges. etc, of
 citizens in general. except such as
 may have been forfeited or taken
 away. Therefore a citizen of the
 United States who has been con
 victcd of a felony and not pardoned
 is eligible to make a public land
 entry.
 | The law governing cash entry
 does not fix any time within which
 final proof must be submitted. This
 law IS not strictly a homestead law,
 bu, the right given thereby is in
 the nature of right of purchase
 with a condition as 10 residence at
 iaehcd. Said law does not. like the
 homestead law. require that such
 residence shall commence on making
 entry or al any specified time sub
 sequcntly. The money having been
 paid and good faith existing, fair opportunity after notice should be given to complete the residential re-
 luircmcnt.
 widow or heirs of q deceased entry
 insn under the provisions of section Z2W R. $. must begin at the first
 cr"ping season after entrymap's $
 death The law of cultivation re
 ouires continuity of cultivation. S2 T.. D. oJ0 and similar cases over
 ruled.
 | An American citizen who enters lpublio lands m Canada and takes the oath prescribed to perform that act,
 does not thereby necessarily ex- patriato himself from citizenship in the United States It requires an oath of allegiance to a foreign gov crnmcnt to effect repatriation. The preference right of entry awarded to successful contestant . is not an absolute and unconditional D right to make entry regardless of the status of the land at inc time of cancellation of the contested
 entry It is only the preferred right, to the exclusion of other applicants,
 which entities the contestant within the preference right period to make entry fl the land be subject fo l. entry under such application as he 2 shall present. but he can only mak,
 such entry as may he appropriate I consideration being given to tho 2 status of the land at the time h' | tenders application.
 - The judicial vacation of | paten
 Ito public lands does not, of itself s Imake such land subject to entry o d any form of application until th s former entry or patent is cancelled Is on the records of the general lan' '- office and the proper local office 4 and no application will be rcocivc' II or any rights recognized until thi 4 action has been taken.
 IT The scgrcgaiivc effect of an cntr c is the same whether patented or m e patented and the record must b
 cleared before any other applica
 ton may be received
 le The continued occupancy of Ian is by a claimant and his liberal cult lc vation and substantial improvemer In thereof. made after the submissio y of final proof. is strongly indicatiy y of an original purpose to make th n land an agricultural home. ,d Settlement upon unsurveyed land s, to be availed of as against any o,h' ,c appropriation must have been fo Is lowed up by actual residence c 'i- abolished within reasonable tim at after settlement.
 or The land department IS not er
 lpowcred with discretion in determii ,f. ing what lands may be selected ed a state otherwise than as provide or in the act under which the sclectiC to Is made.
 or Practice.
 ,f- A charge in a contest ease of abandonment and lack of cultivate m. calls for a denial Silence and ' .r fusai to testify by eontestee, in ( on face of such proof, may be just ,s. construed against him as taeit a of mission of the truth of the char. no X petition for certiorari will n fer be granted unless it be shown th a;d the decision complained of was { for roneous, even though it appear tl rpt refusal to transmit an appeal Ire re- such decision was erroneous.
 Motion for review made beic ihe the commissioner will be treated mt. an appeal and forwarded to the secretary. This procedure is folio my cd because the rules of practice ,he not in terms allow for a motion