Weekly journal-miner. [volume] (Prescott, Ariz.) 1908-1929, 1912-03-27
Important Decisions
Affecting All Government Lands
COPYRIGHT
IIonesteads.
COPYRIGHT, 1911.


Homestead Entry IS not IN violation
OF law ii it was made in good faith
and not intended rs mere Subtcr-
fugc for the purpose oi cvading the
statute. but such act Of itself is a
suspicious transaction and actual
good faith must be evidenced by
such facts as to convince a reason
able mind that j, was not a mere
collusive device.
Residence upon homestead IS
not required after the expiration of
five years as a prerequisite to patent
and change of residence after that
period does not forfeit a right al
ready acquired A charge Of aban-
donment against homestead entry
must fail where the entryman is re-
siding upon the land when notice Of
contest is served
The heirs OF a decreased home
stead cntryman. who during his life
time failed to comply with the law,
may complete the entry by either
residing upon or cultivating the land
for the full period OF five years. IL
sufficient OF the entry remains for
that purpose; or may commute upon
a showing OF residence and cultiva-
ton for fourteen months. but cannot
commute upon 4 showing OF cultiva-
ton alone.
\ contestant cannot be allowed
a preference right To make entry
Of land within a reclamation project.
The act OF Feb. "a, 1909 was ia
amend section 1872 United States
revised statutes and applies only 10
eases 81 mistake in description al
time OF entry whereby the entry
man, intent was defeated.
Desert Lands.
II was not contemplated by tho
act Of Jan. 10, 1897, relating TO loca
ton and construction of reservoirs
that the reservation should be mad
according to legal subdivision or tc
extend to any lands not necessary fo
the practical use for which the res
crvation is made. Nor does the de
clarcnt acquire such right by thu
approval OF his map OF location, tina
will prevent the secretary OF the In
terror from reforming the reserva
ton at any time and restoring q
settlement and entry all lands no
necessary to the full enjoyment ant
use OF all rights contemplated b.
the act.
The right OF repayment does no
exist when a desert land entry on tn
proofs presented, is properly al
lowed and its subsequent cancella
ton is due to the discovery tina
through mistake. not the fault O
the government. the entry III fac
covers land not reclaimed or intend
ed TO be reclaimed,
The presence OF trees upon land y
considerable numbers indicates tina
the land is nondesert in character
The commercial value OF the tree
has little, il any, bearing upon tn
question OF classification.
Final Proof.
The statement in final proof 10 tn
effect that all OF the irrigablc lam
,... a..cf,,,,,ai nnI Ia "a ,.rn,aua q,
crop" is altogether too indefinite an
incomplete as To reclamation OF tn
land by the use OF water aud rasinl
OF crops
The Preempton Law requires per
sonal settlement upon and inhabit
ancy of the lands and the erection
81 a dwelling thereon, and proc
within a specified time OF such set
Element, inhabtancy and improve
ments.
Practice.
Failure to appeal may be conclu
sive as TO the rights OF the parties
hut will not preclude the Commits
Sioner OF the General Land ofic
from reviewing the decisions OF tn
local land Office.
The remanding OF case Tor a r,
hearing to obtain additional test
mony in order that the ends Of jus
tice may be subseryed is matte
resting in the sound discretion of III
Commissioner Of the General Ian
office and the exercise OF such dis
erection will not be disturbed unles
here is an abuse OF it,
Objection to the taking of DEF
oSition should be taken within I'll
ten days allowcl prior to the ISIS,
ance of the commission. The hxin
OF a date TO take dispositions, subs,
quent to the date set for the hear
ing, is not in itself error