Weekly journal-miner. [volume] (Prescott, Ariz.) 1908-1929, 1912-01-03
IIomesteads

While absence from the land on ac-
count Of sickness will, under some cir
cumstances, be held excusable by the
department, IL IL IL accompanied by
only short residence, meagcr improve.
ments and civilizations Of the entry,
the final proof will be rejected.
Entries made prior 20 the act OF
August 20, 1890 (26 stat. 30I) or set
Elements made prior thereto, and sub
sequently carried to entry should not
be considered in determining the
quantity Of land an entryman or
settler may acquire under the limits.
ton Of said act.
Where one claims the right Of entry
based upon settlement or residence,
that residence should be continued
until the entry has been allowed.
Where n soldiers widow makes en-.
try in her own personal right, she
annot claim that the period Of mil.
tary service OF the husband should
q deducted from the fivc-year period
& residence required upon home.
tcad entry. Section 1907, Revised.
tatutes, applies only TO the land
uttered by the deceased soldier.
The act Of June 2s, 1910, provides
ierely for leave Of absence for
hree months, and will not cure a
lefault existing prior to the date Of
he act.
A withdrawal Of public lands for
orestry purposes creates an adverse
aim, which defeats the right Of any
lorc subsequent settler.
Temporary absences on the part Of
he entryman on account Of climatic
onditions have been excused by the
department. only where the eircum-
'ances surrounding the entry clearly
indicate bona fidc intention to main.
tain home upon the entry.
An additional entry Of lands under
the enlarged homestead act Of Feb
ruary 10, 1909, must lie contiguous
10 the original entry.
Act Of June 8. 1859, making provis-
ions for settlers on public lands, who
thereafter become insane, Is to be
construed as an act only for the re.
lief Of "settlers." II provides for
the relief Of persons who become in
sane during the time Of their "resi.
denee." A settler is one who at
taches himself 10 a piece Of public
land by such unequivocal act rs shows
his intent TO make his home there and
TO acquire title under the settlement
laws A resident is one who in com.
plianee with the settlement laws is
residing upon public land. Until
such acts have been performed ~
show unequivoeably that an entry.
man intends TO make HE home upon
the land, he is neither a settler moi
n resident. Citing case Of Welsh vs.
Hnckett, 80 l.. ID. $40.
Desert Lands
Under departmental order Of Apr
90, 1911 GO l.. ID. 51), water right
charges become due on December l
following.
In passing the original Desert Lsn'
Act, il was the manifest purpose o
congress to hold out to the citizen
Of the United States an inducemen
70 reclaim the waste and desert land
Of the public domain, and thus rende
them subservient TO the uses Of hus
bandry by process Of irrigation. Thi
was TO be accomplished by such
system Of bitches ne would carry I
the subdivisions of the land, eapabl
, Of being reached by the surface FLOW
supply Of water such AS, when IL
/. out Of the bitches by draw gates, Q
/, smaller bitches, might spread owe
the accessible parts and stimulat
n vegetable life. II main witches wer
thus constructed, with the acquire
}. adequate supply of water to irigai
q the lands for the purpose Of eultivi
A ton In the ordinary method Of carr.
ing II out over the surface Of n
r. ground, we think the reclamation col
! templated by the statute was seeou
i plished, without showing that III
n appropriation was followed by aetu
use and cultivation.
=. The amendatory act OF March
K 1891, does not require any differel
J. character of reclamation, but simp
provides that an expenditure Of thr
dolIars per acre must be shown, az
onc-eighth Of the land embraced
the entry must be cultivated aud
shown in the final proof.
x Final Proof
"A The provisions Of Section Of n
,e act OF March 3, 1891, have no ref,