Weekly journal-miner., 1912-06-26
Important Decisions Affecting All Government Lands
COPYRIGHT. 1911.

f, 1911.
 to make proof was filed. Citing section }. regulations of October lS. 1907 t5o l.. D.. l2p.
 Practice.
 When an application to contest an entry IS executed before an at torney. such person Is thereafter disqualified from acting as attorney in any subsequen, proceedings there in Construing regulations publish. cd in (5J l.. b. 6S5). A mortgagee who had notice of the hearing before the local land office. but does not appear, will no, be permitted to intcrvent after the local offices have decided the case and the same IS before the depart ment for consideration.
 A motion for rehcaring signed only by the attorney for applicant and the verifieation being only in general terms. and which fails 10 set forth the names of proposed witnesses and substance of proposed testimony is insufficient under the rules of practice.
 When the secretary of interior is unable to decide the case on its merits from the record before the department, the case may be re- handed for the taking of further testimony
 Miscellaneous.
 The act of February iS. 1911. con strued in view of the act of June 25. 1910, simply makes the latter act imperative as to land which had been. prior thereto. properly entered. where such entry was sub. sequently relinquished
 Where an entryman sells the land after obtaining final receipt. and before patent, the purchaser takes no better right than the entryman Hdu at Uinc or saic.
 The filing of an application to select indemnity lands is not sui ficient either to vest title in the lands applied for or to divest the selcctdr of title to the lands offered as base for such selection.
 Neither of. these results follow un- iii the application to select is ap- proved by the secretary of the interior Citing Railroad Go. vs Price Co U33 q. S, 4o6).
 It is proper for the commissioner of the general land office 10 require claimant to amend his homestead entry application SO as to conform to the act of June P, 1910 (3t Stat. sS3).
 A homestead en,ryman may b' . allowed to amend his entry ant embrace therein adjoining land whicl he was not allowed to take at th' time of making his entry, beoaus of its being then covered by al 1, existing entry. providing notice wa given at the time, of its purpose t' :, contest said entry, and the sam
 has actually been done. Mining.
 In determining the amount q work upon a claim. or improvement placed thereon for the purpose c f representation, the test IS as to tn ', reasonable value of said work c Improvements, not what was pal '. for it or what the contract prie :, was. but it depends entirely upo , whether or not the said work ( .o improvements were reasonably wort :. the amount claimed.
 |. IL is within the scope of tl
 commissioners authority to recuii o, affidavits of officers of a eorpof .. ton showing how much money WI -. expended on an oil we'll and wh' =, expended. Also affidavits fro each of the loeators showing whet he CT they were stoeSho"e's |" o, ployees of the Claimant company
 at the time of making diseove ,. and lohtion; how much. fl ar ., of his own funds each locator co , tributed toward the expense II, sinking the well, and whether -, time of making discovery and lo' ,. ton they were acting directly 'h. indirectly for the Claimant eompa' ;n The purpose of coal deelaratf
 statement is to preserve, not
 create or initiate a preference r'' . of entry. Where the claimant ,o, quires no preference right m =, first instance. his deelara'ory sta
 men. has no function to perio IL |