Semi-weekly herald., 1912-06-17
MAY DIGEST OF PUBLIC
LAND DECISIONS
Homesteads

An entry under the enlarged home
stead act is n homestead entry, as is
one under section 22S9. Where the re.
quired amount of money has been paid
in connection with a homestead entry
to meet the proper charges for the
entry if amended, and if there be
substantial administrative objections
to allowance of amendment, the char
acter of the entry may be changed so
as to stand subject to those other
provisions of the homestead laws ap
plicable to the land to be embrace |
in the amended entry.
A citizen of the United States loses
his citizenship only by expatriation.
Certain civil and political rights may
be forfeited because of an Infamous
crime, but the status of citizenship re-
mains with all the rights, privileges,
&C., of citizens in general, except such
as may have been forfeited or taken
away. Therefore a citizen of the Unit
ed States who has been convicted of
felony and not pardoned is eligible
to make public land entry.
Cultivation of the land by the widow
or heirs of a deceased entryman un-
der the provisions of section 2290 h.
5. must begin at the first cropping
season after entryman's death The
law of cultivation requires a con-
tlnuity of cultivation. 30 l.. ID. $50
and similar cases overruled.
An American citizen who enters
public lands in Canada and takes the
oath prescribed to perform that act,
does not thereby necessarily epatriate
himself from citizenship in the United
States. 1t requires an oath Of al
legiance to a foreign government to
effect eNpatriation.
The preference right of entry
awarded to successful contestant is
not an absolute and unconditional
right to make entry regardless of the
status of the land at the time of can
collation. of the contested entry. It
is only the preferred right, to the ex-
clusion of other applicants, which en-
titles the contestant within the pref
erence right period to make entry T.
the land be subject to entry under
such application as he shall present,
but he can only make such entry as
1Gay be appropriate, consideration be
ing given to the status of the land
at the time he tenders application.
The Judicial vacation of a patent to
public lands does not, of itself, NAL e
such land subject to entry or any
foIm of application until the former
entry or patent is cancelled on the
records os the general Land Office aud
the proper local Office; ard n appli-
cation viii be received or any rights
recognized until this action has been
taken.
The segregative edo. OF an en-
try IS Che same whether patented or
Unpatel Ted, and the record must he
cleared before any other application
may hc received.
f"c continued occupancy of Land by
q claimant and his liberal cul.i,'tiau
ar; sui syantial improvement thereof.
matr after the submission os fill
proof is strongly indicative of an cfig
NAL | lp,se to make the land an utri
cp'ura' hcme.
The land department is not empow-
cred with discretion in determining
what lands may be selected by state
otherwise than as provided in the act
under which the selection is made.
An assignment of desert land
entry is not an abandonment Of an
entry. The entry still exists and NAV
be perfected, and title be acquired.
If an entry is abandoned, the land
falls back into the public domain, and
the government has parted with no
land. Bone VS.. lockwood (3S J.. D.,
253) distinguished.
A trustee of townsite in the dis
ttict of Alaska is entitled to compen-
sation only for each day actually en-
gagged and employed in the perform
ance Of his duties as such trustee
An entry Of unsurveyed lands made
within ninety days after the filing of
the survey plat is subject TO the time
ly assertion, within that period. of
possible preference right given by the
act Of March 2S, 1908, based upon pos
session and commencement Of recla-
nation of desert lands prior to their
survey.
Repayment can only be allowed
upon specific statutory authority. I'm
der the act OF June 10, 1880, repay
ment is authorized where entries are
Cancelled for conflict or have been
enormously allowed and cannot be
Miscellaneous
It was the purpose of the act of
March 26, 1908, TO afford repayment
where moneys are covered into tine
treasury "under any application TO
make any filing, location, selection, en-
try or proof" and in the process OF
such application, entry
OF proof is rejected and the party OF
his legal representatives have not
been guilty Of fraud or attempted
fraud in the transaction.
The small holding law provides for
the perfection, within a limited time,
for the filing Of applications claiming
its benefits of individuals and per-
scnal rights of adverse possession, and
there is no warrant of law for merging
such independent rights of the sew
eral occupants of different tracts into
one claim for their combined tracts
either in the names Of one or in the
name of one representing all.
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