Rocky Ford enterprise. (Rocky Ford, Colo.) 1887-1950, 1912-05-31
+ 4. Il 4. + r + + 4. = + r + r r :
= MONTHLY DIGEST. :
+ OF Important Public Land De- :
+ cisions. 3
= L L Z, L I = = \ = Z. = q Z. = I

Section 6 of the enlarged homestead
act excuses residence under the con-
ditions stated therein, but requires
cultivation of an additional area dur
ing the fourth and fifth years after
the date of an entry made thereun-
der
Entry of lands in the State of Utah,
which have been entered under Sec
tons 1 and of the enlarged home
stead act may, upon application and
proper showing, be changed SO as to
stand under the provisions of Section
of said act, provided the character
of the official designation include said
Section 6. making it applicable to
such designation.
A settler by honest mistake ercts
his house outside the boundaries of
his claim is constructively resident
upon the land entered, if he in good
faith maintains residence upon the
land upon which his house was con-
structed and, upon hearing of his mis-
take, removes to the land entered.
But it must be shown that the mis-
take was honestly made and that act
ual residence has been maintained up
on one tract or the other.
The joint resolutions of Congress
of Feb. 2. 1907, (oranting additional
time to establish residence) and the
Act of Jan. Is, 1907, have been uni
formly construed by the Department
as ALLOWING constructive residence for
a period of 6 months prior to the date
of actual residence and no more, when
actual residence is established within
the timep rescribed by said acts and
joint resolution. Citing (3S L. D.,
dsD and go l.. D., 500.
der the. Act of June 2e, 1910, is specif-
ically limited () to actual settlers TN
der the homestead laws. (2) under
the desert land laws; (3) to selection
under the Carey" act and Cd to
Withdrawals under the reclamation
act. Accordingly the application OF
state to select was properly reject
ed.
One having an entry must comply
with the law respecting settlement,
Improvement and cultivation. When
his entry is attacked, he cannot wait
until the termination of that litiga-
ton before he establishes residence
or makes any effort to comply with
the law of the entry.
No right to make entry under the
Act OF Feb. 10, 1909. can be acquired
prior to the date that the land has
been designated by the Secretary of
the Interior as of the character of
lands subject to entry under its pro-
visions.
A report of the Director of the
Geological Survey made to the Gen.
eral Land Office as to the intent and
conduct of an applicant for a reser-
voir site has no more force and effect
than the report of Special Agent
OF the General Land Office. 1t may
be credited by the Commissioner as
basis for charge and order to show
cause, but is not evidence upon which
he can take final action. No one max
ing a legal application. specifying a
lawful purpose named in the law
should be denied, except on notice
and opportunity to be heard.
Mere defects in proof or INSULT
cient water rights do not necessarily
imply fraud nor preclude a claimant
from supplementing such proof SO as
to meet legal requirements under di-
rection from the Commissioner. A
contest against an entry upon which
final proof has been submitted does
not interfere with the administrative
power OF the Commissioner to per-
init completion of proof or the cur
ing OF any defect therein where fraud
or bad faith is not shown.
The reclamation act declares that
no right to the use of water for land
i'll private ownership shall be sold
to any land owner unless he be an
actual bona fde resident on such land
or occupant thereof, residing in the
neighborhood OF said land. The
'neighborhood of said land has been
construed to extend to fifty miles and
no more.
Where desert land entryman does
not include in his entry the full area
allowed by law. for the reason that
the vacant land adjoining that entry
was not susceptible OF irrigation at
the date OF original entry, he may, if
such adjoining land by reason of ex-
tension of improvements subsequent
!!y become irrigable, enlarge his orig
mai entry So as to include therein
the full area allowed by law. This
may be done by amendment of the
original entry where it has not yet
been carried to completion and no
RIGHTS have ;ptarya,aJ r