The Idaho Springs siftings-news., 1912-03-23


When Sthe Land Department has ren
dered = decision that lands within the
primary limits of railroad grant were
mineralin character at the date of
grant, It excerpts such lands from the
operation of the grant and no rights
attach thereto under the grant upon
a subsequent adjudication by that De-
partment IN another proceeding that
the lands in question are at the time
non-minera
| PRACTICE
| Failure to appeal may be conclusive
as to the rights of the parties but will
not preclude the Commissioner of the
General Land Office from reviewing
the decisions of the Local Land
Office.
The remandiug of a case for case
for q rehearing to obtain additional
testimony in order that the ends of JUS
tice may be subserved is matter
resting in the sound discretion of the
Commissioner of the General Land
Office and the exercise Of such discre-
ton will not be disturbed I'm ess there
is an abuse of it.
Objection to the taking of deposition
should be taken within the days allowed
prior to the issuance of the commission
The fixing of date to take deposi-
tions, subsequent to the date set for
the hearing is not in itself an error,
The particular time for the taking
of os a4itions andfs for hearing, pre-
liminary, continued. and final, rests in
the sound discretion of the local Off
GERS and due notice and opportunity
for cross examination and for present.
ing testimony in defense being given
the exercise OF such discr elton
should not be disturbed unless gross in
justice to the party affected thereby
appears in fact or as likely to re-
suit.
Rule of the Rule Of Practice was
designed to insure good faith upon the
part of the would-be contestants and
to prevent the filing and prosecution
of speculative contests by those who
are not qualified or do not intend to
obtain title to the lands under appro-
pirate public laws.
The several provisions of Rule 2
should not be construed with the same
strictness as though required by some
specific provision of the law governing
contests. Its purpose was rather to
furnish the officers Of the Government
with such information respecting the
intentions of the contestant as would
enable them to determine, in the light
thereof, whether the contest should
be allowed to be proceeded with ORE
fused because brought merely for a
speculative or other improper pur
pose.
The existence of temporary with
drawal should not be held bar to the
initiation and prosecution of a con
test by person who shows qualifica-
tions under the rules, with view to
clearing the record of an invalid en-
try. To refuse such contests would re-
suit Ia either the immunity of invalid
claims included within the limits Of
tempory withdrawal fir ON contest or
entail upon the Government the bur-
den and expense of procuring their
cancellation.
The Land Department has no juris-
diction of questions except those re.
lating to entries of particular tracts of
public lands. The personal grievance
of individuals connected with public
land matters cannot be considered by
the Department.
A petition for certiorari should al
ways contain copy Of the decision OF
the General Land Office refusing to
transmit an appeal, or matter in ques-
ton. This is necessary in order that
the facts appearing of record, upon
which the Commissioner acted, may
be shown. When a decision of the
C commissioner is complained of the pc.
tition for certiorari and exhibits
must show that the decision COM
blamed of was erroneous and that Z
substantial right has been denied.