The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1912-10-15

! monthly digest OF important law
points, recently decided by the Ssecre-
tary of the Interior.
Homesteads.
1t is not residence within the mean
ing of the homestead law for one to
return occasionally to his land while
habitually absent engaged in a voca-
tion necessarily requiring his alb
sence.
An entry made upon land subse-
quently withdrawn but later restored
has the same effect upon the entry as
abandonment, and the entryman must
therefore be governed by the general
homestead laws.
Final Proof.
The mere fact. that final proof is
regular does not bar the land depart
ment from proceeding against an en-
law. The final proof is merely claim
ant IS assertion which is not conclu-
sive upon the government.
The land department has ample
authority to investigate into the
time before patent issues.
Practice.
The department has the unquestion-
ed power and has long exercised the
same to order a hearing in any case
irrespective Of technical procedure,
where Justice to the parties seems to
the department to require that such
hearing be had.
The department has ample authori-
ty, under it's supervisory power, to re-
lieve against the inadvertance, mis-
take or deceit which resulted in the
dismissal of a contest notwithstand-
ing the pendency of a junior contest
on the same land
The rules of practice have the force
and effect of laws, and when not COM
piled with the omission is at the
peril of the one violating these rules.
The department cannot recognize
the binding force upon it or upon the
commissioner of the general land Office
of any stipulation entered into at a
hearing by special agents and attor-
neys for parties in interest which may
preclude the consideration in the case
of any question vital to the validity or
regularity of the claim.
In making Withdrawals and classif-
cation of large areas of land the
government finds it impracticable and
unnecessary to determine as to the
status of each particular tract COW
cred thereby, and that frequently
areas to which inchoate rights are
being asserted, and even patented
tracts, are included in such withdraw
ais and classifcations. The fact that
a certain tract happens to be describ-
ed in list of lands withdrawn or
classified does not of itself determine
the ownership or in any manner af-
feet the title thereto.
Desert Lands.
The reclamation act of June IL,
1902, only permits homestead entries
to be made on the express understand
ing that they will be reduced to the
area determined by the secretary to
be sufficient for the support of a fam
lily.
Public irrigable lands in reclama-
tion projects are, under the letter and
spirit of the reclamation laws to be
divided among as many families as
the lands will properly and reason
ably support. The assignment act of
June 23, 1910, does not modify this
requirement but, on the contrary, ex-
Ipressly imposes it upon assignments.
The reclamation required in desert
land entries contemplates proof of a
water supply sufficient and permanent
as well as an irrigation system ade-
quate and substantial under usual con-
ditions for the raising of ordinary ag-
ricultural crops.
Before patent can be legally issued
under desert land entry it must be
shown that the claimant is possessed
of sufficient water right to reclaim
the land.
In accepting the purchase money in
connection with a desert land entry,
the government does not, directly or
indirectly guarantee that the land is
susceptible of reclamation from its
arid state, but it is for the desert land
applicant to decide for himself, after
an examination of the land, whether
he believes water can be conducted to
and distributed over the same, as to
reclaim it from desert condition.
preference right of entry on land
withdrawn for irrigation purposes re-
mains suspended, under operation of
law, until such time as water NAV be
applied and designation of farm units
made.
Note-These digests are compiled
by William w. Wright, of the District
of Columbia bar.
Citations to above decisions furnish
ed free. Stenographic copies at cost
Owing to the demand for specific in
formation in regard to public land en-
tries and pending cases, we desire to
announce that we now maintain a
thoroughly competent status clerk
who, under our direction will furnish
specific information in regard to any
public land entry or pending case
The cost of this service is one dollar
for each report.
Address all communications to Clark
& Wright, Washington Loan & Trust
Building, Washington, ID. c.
Specialty-Associate work for non
I otf