The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1912-06-13
DIGEST OF MAY
LAND DECISIONS
Homesteads.

An cntTy uHucr Jne enlarged nome
stead act is a homestead entry, as is
one under section 22S9. Where the re-
quired amount of money has been paid
in connection with homestead entry
to meet the proper charges for the en-.
try If amended, and if there be no
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 embraced
in the amended entry.
A citizen of the United States loses
his citizenship only by expiration. Ger
tain civil and political rights may be
forfeited because of an infamous
crime, but the status of citizenship re-
mains with all the rights, privileges,
ETC., of citizens in general, except such
as may have been forfeited or taken
away. Therefore a citizen of the
United States who has been convicted
of a felony and not pardoned is eligi-
BILE to make public land entry.
The law governing a cash entry
does not fix any time within which
final proof must be submitted. This
law is not strictly homestead law,
but the right given thereby is in the
nature of right of purchase with a
condition as to residence attached. Said
law does not, like the homestead law.
require that such residence shall com
mence on making entry or at any spe
fed time subsequently,. The money
having been paid and good faith ex-
isting, fair opportunity after notice
should be given to complete the resi-
dental requirement.
Cultivation of the land by the
widow or heirs of deceased entryman
under the provisions of section 2290
R. s. must begin at the first cropping
season after entryman's death. The
law of cultivation requires a continui-
ty of cultivation. 32 l.. d. and simi-
lar cases overruled.
An American citizen who enters pub
lie lands in Canada and takes the
oath prescribed to perform that act,
does not thereby necessarily expatriate
himself from citizenship in the United
States. 1t requires an oath of alleg-
lance to a foreign government to eff
feet expatriation.
The preference right of entry
awarded to a 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. 1t 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 if
the land be subject to entry under such
application os he shall present, but
he can only make such entry as may
be appropriate, consideration being
given to the status of the land at the
time he tenders application.
The judicial vacation of patent to
public lands does not, of itself, make
such land subject to entry or any form
of application until the former entry
or patent is cancelled on the records
of the general land Office and the prop
er local officer; and no application will
be received or any rights recognized
until this action has been taken.
The segregatlve effect of an entry is
the same whether patented or unpaten-
ted, and the record must be cleared
before any other application may be
received.
The continued occupation of land
by a claimant and his liberal cultiva-
tion and substantial Improvement
thereof, made after the submission of
final proof, is strongly indicative of
an original purpose to make the land
an agricultural home.
Settlement upon unsurveyed lands
to be availed of as against any other
appropriation must have been follow
ed up by actual residence established
within a reasonable time after settle
ment.
The land department is not empower
ed with discretion in determining
what lands may be selected bv state
otherwise than as provided in the act
under which the selection is made.
Practice.
charge in a contest case of aban-
donment and lack of cultivation calls
for denial Silence and refusal to
testify by contestee, in the face of
such proof, may be justly construed
against him as a tacit admission of
the truth of the charge.
A petition for certiorari will not be
granted unless it be shown that the de-
cision complained of was erroneous,
even though it appear that refusal
to transmit an appeal from such de-
cision was erroneous.
Motion for review made before the
commissioner will be treated as an ap-
peal and forwarded to the secretary.
This procedure is followed because the
rules of practice do not in terms al
low for a motion for a rehearing.
Note-These digests are compiled
by William W. Wright, of the District
of Columbia bar.
Citations to above decisions furnish
ed free. Stenographic copies at cost.
Owing to the demand for specific in
formation in regard to public land en-
| tries and pending cases, We desire to