The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1912-05-18
OF april
LAND DECISIONS

The folloing important law points
have recently been decided by the
secretary of the interior:
Homesteads.
1t is the established practice of the
department to issue patent to the
heirs generally of a deceased entry
man, if there be no widow, or minor
children entitled to claim under sec.
tion 2292 r. s. Or if it be shown in
the record prior to issue of patent that
the entryman has made will pur,ort-
ing to devise his interest in the entry,
then the patent is issued to the heirs
or devisees of the deceased entryman
where there is no widow, or minor
children to claim under section 2292
X. 8. 1t is left to the local courts to
determine in such cases who the heirs
are and what their individual interests
may be.
Upon the death of an entryman
leaving no widow, his heirs have the
right to make additional homestead
entry under the provisinos of section
of the enlarged homestead act'
Citing Alice c. st. John (38 l.. D.
577) and Lille E. Sterling $50 L. D.
346).
The term entry means that act
by which an individual acquires an
inceptive right to a portion of the
unappropriated soil of the country by
filing his claim in the land Office. It
is that record in the land Office which
reserves land from other appropria-
tion.
1t is the land Office record which
is in effect an executory contract be-
tween the entryman and the govern
ment that it will convey the land to
him when he shall have performed the
acts and done the things that the law
requires in that particular mode of
entry.
1t is then at an end, existing only
until, and no longer than, the incep-
tive right becomes consummate and
patent issues or other evidence Of
passing title. The entry merges into
patent or other evidence of title.
BY final decree of cancellation Of
patent, land once patented becomes
part of the public domain, subject to
settlement, like unsurveyed or sur
veyed public lands, if unappropriated,
but does not become subject to entry
until opened to entry by the general
land office.
Practice.
Where there is dispute as to prior
settlement, it is the well settled prac-
tice of the general land office not to or
der hearing as to conflicting settle
ment claims until the township plat is
fled
The allowance of amendment does
not depend upon any particular con-
dition but ordinarily it will not be
permitted where failure to include
land in the original entry was due
to lack of information that could have
been obtained by the exercise of or
dinary prudence and proper investiga-
tion.
Desert Land.
The allowance of amendments rests
largely in the discretion of the land
department and may be allowed for
land not originally applied for where
there is manifest good faith and the
reasons for not embracing the land in
the original entry was because of ig-
norance or misinformation of existing
conditions that no prudent man could
have foreseen.
This rule is especially applicable to
entries of desert lands where the pur-
pose is to increase the duty of the
water in the reclamation of lands.
The federal statute does not provide
for the succession to the rights of
desert entryman in the event of his
death. Such succession is, therefore,
controlled by the laws of the state
in which the land embraced in the en-
try is situated and the land depart
ment will dispose of the case accord
ingly.
The acts of June 25, 1910, and Feb
ruary Is, 1911, apply only to lands
withdrawn under the second form of
withdrawal, that is, reserved for possi-
BILE irrigation purposes, and do not ap-
ply to lands withdrawn under all form
of disposition under the first form of
withdrawal. Citing case of Annie G.
Parker, Gao l.. D. 406).
The provisions of the act of Febru-
ary Is, 1911 (36 stat. 917), relating to
REIMBURSEMENT of entries and subse-
quent settlement and entry, has refer
enee solely to lands withdrawn as
lands susceptible of irrigation and sub
ject to homestead entry at the time of
the application to make entry and not
to lands that have been withdrawn so
long as that withdrawal remains in
force.
The United States seeks to induce
population and Improvement of its
arid lands to be productive farms of
resident owners, and to be reimbursed
for it's reclamation expenditure. If
one who has complied with the home
stead law seeks to cure default of re-
clamation charges and offers to make
every interest of the United
States in the matter is promoted by |
ac epting such offer and permitting |
the entry to stand. 1t tends to de |
at the primary object of the reclama-
til n act, and nowise promotes the Sc
cndary cne, to refuse such offer. Paw
ment and not time payment, is the es-
serse of the matter.
Mining.
For MANY years succeeding the en- |