Weekly journal-miner., 1912-06-26

are both disqualified to sit at the hearing of a case. the department has the power to designate two proper officers to ac, In ex partc cases. the decision of the register 9nd receiver is more in the nature oi a recommendation to their su- perior officer than a judgment. and the commissioner has jurisdiction 10 render his judgment, subject to review by the department. ir- respective of or in the absence of such recommendation
 \ protest against a mineral entry must be specified and set forth the various grounds bi protest
 Timber and Stone.
 Land that IS heavily timbered Is not necessarily excluded from home stead entry. It may ne homestead cd, providing it is of such char aetcr as would be suitable for agricultural use if ihc timber was removed. Otherwise. heavily tim bered land is not subject to the homestead laws. Citing Finley vs. Ness (58 l.. D.. 3o4).
 Desert Lands.
 An assignment of desert land entry Is not an abandonment of an entry. The entry still exists and may be perfected. and title be ac. quircd If an entry Is abandoned the land falls back into the public domain, and the government has parted with no land Bone vs Rock wood (3S l.. D 2S5 distinguished An entry of unsurvcyed lands made within ninety days after the filing of the survey plat Is subject 10 the timely assertion. within that period. of a possible preference right given by the act of March 18th 1908. based upon possession and commencement of reclamation oi desert lands prior to their survey
 Miscellaneous.
 A trustee of a townsitc in the district of Alaska is entitled to com pensation only for each day actual ly engaged and employed in 'hS performance of his duties as such | trustee.
 Repayment can only be allowed upon specific statutory authority Under the act of June 10th. 1880 repayment is authorized where cn. tries are cancelled for conflict oi have been crroncously allowed and can no, be confirmed.
 It was the purpose of the act o March 26,h. l9OS. ,o afford repay ment where moneys are coverc, into the treasury "under any appli cation to make any filing. location selection. entry or proof" and in th' process of adjudication such appli cation. entry or proof is rejected and the party or his legal represent ativcs have not been guilty of frau' or attempted fraud in 'he transae ton.
 | The small holding law provide
 for the perfection, within a limite
 time. for the filing of application
 claiming it's benefits of individual and personal rights of adverse pos
 session, and there is no warrant c law for merging such indcpenden
 rights of the several occupants C their combined tracts either in th , names of one or in the name of on , representing all
 Mining.
 A decision of the secretary of ,h interior that land Is mineral binding on all the officers of tf z land department Such decision ca
 only be overcome or removed b
 evidence adduced at hearing re, ularly had, after due notice to a | parties claiming an interest in ar $ to the land under the mining law f and at which the burden must 1 . assumed by the person asserting |
 mineral character Such cy ' dencedence must clearly show th d the land does not possess value f' C mining purposes.
 |, School indemnity selections (
 fcrcd by states for lands elassifi. IT as coal or known to be valuable f h such deposits, could not, prior
 April Both. 1912. be accepted e approved; bu, those selections ,
 fered and pending at the date
 passage of the act of April 3O' '- 1912. may, in the absence of int IS vening adverse rights. and up m proper elections filed by the stat ., now be allowed and accepted as !" April 50th, 1912. fl there be n other objection. the righ; to of h. exchange being extended by si - act. and the secretary of the inter rJ being therein authorized io acc' v the exchange upon conditions he y' inbefore stated.
 n- Section 23J2 in no wise affects of authority of the land dcpartme q, conferred by other provisions of
 mining laws, to investigate in ; "a ease arising under those laws or character of the land, the suffieiei ". of the improvements. or any mat .,v not affecting applicants right ~ possession. where the claim has b :" held and workcd~ior a period wh 'h' satisfies the statute of limitations