Deming graphic. (Deming, N.M.) 1903-1948, 1912-02-23

should he construed literally. There
fore. the same covers a period OF
time from December lst, 1910, unit
May 18th. inclusive.
DESERT LANDS.
Act of June "A, 1910, provides foi
assignment of entries or parts there
of, made within reclamation project,
under act of June II, 1902, covers
only those claims wherein the cn.
tryman has satisfactory proof of
residence, improvements and cult.
walton for five years, required by
the act.
A successful contestant does not
require any pecuniary rights. He
is entitled to a period of thirty days
from notice of the cancellation of
the entry within which to apply to
enter the land, but the payment
made by the former cntryman can.
not he credited to him, nor is he en-
titled to the lower rate per acre for
building charges, hut must pay the
charges obtaining at the time his
application to make entry is filed.
The mere fact of an outstanding
approved right of way will not, un-
der the provisions of the act of
March 3, 1891, giving reservoir sites
prevented the Department from
giving approval to a conflicting ap-
pIication for right of way. The
conflict, however, will be- given prop
cr weight in determining whether
approval should be given be given
to later application covering por-
tlon of the same ground, especially
where the previous right of way had
been actually utilized.
One who makes desert entry If
public lands must clearly show, in
submitting proof, not only that he
has the right To a sufficient supply
of water to successfully irrigatc the
lands, but that the system of ditch
Is is adequate for that purpose, and
also that the necessary supply of
water has been actually used on said
lands in a manner to prove the ben
ciicial results.
FINAL. PROOF.
The Register will be held liable
for the cost of Republication of final
proof where an error in description
of land is made 10y him. The record
is in possession of the Register and
hc should see that the descriptions
are correct before directing publ
cation. Published instructions of
August II, 1909 l3S l.. u. 1871. AZ
lirmrd.
Where the proof as To residence
is weak. but there is strong proof of
cultivation of the land in added
area and with increasing yield of
crops each year. and evidence show.
ing Il persistent effort To maintain
an actual home upon the land, the
proof will he deemed sufficient.
The law permitting cash entry of
timbcrrd and non.timbcrcd lands
does not fix "A definite period for
making final proof However, it
must he reasonable and made with
in seven years from date of entry,
as in ordinary homestead entries has
been considered as the limit of time,
which may properly be- allowed for
the making of final proof of entries
of this class
PRACTICE.
A contest affidavit filed against n
desert land entry during Gle pen-
dcncy of an application for an ex-
tension of time under the act of
March Is, 1908, should allrgc facts
tending to overcome the prima facia
showing of right to such extension,
Citing Hoohler vs. Treffry CO l.. d.
$50.
The entryman's rights to such cX-
tension of time is prima facia, by
reason of the mere filing of the ap-
plication, and the burden of proof is
upon contestant 10 cOntrOvert the
facts set forth in the application for
an extension of time.
A motion to dismiss an appeal will
not be- granted, where it appears
that the interests involved are large
and the United States is in truth and