Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1912-11-15

Ing Of the homestead law for one t
return occasionally to his land Will
habitually absent engaged in a vaca
ton necessarily requiring his alb
sence.
An entry made upon land. subse
quenHy Withdrawn but later restored
has the same effect upon the entr,
as abandonment. and the entrymar
must therefore be governed by tho
general homestead laws.
The mere fact that final proof is
regular does not bar the land depart
ment from proceeding against an en-
try for failure to comply with the
law. The final proof is merely claim
ants assertion which is not conclus-
i've upon the Government
The land department has ample
authority to investigate into the
truth Of final proof upon an entry
any time before patent issues.
The Department has the unques-
toned power and has long exercised
the same to order a hearing in any
case irrespective of technical pro
cede, whore justice to the parties
seems to the Department TO require
that such hearing be had
The Department has ample author
ity, under its supervisory power. to
relieve against the inadvertance. mis-
take or deceit which resulted in the
dismissal Of contest, notwithstand-
ing the tendency of junior contest
Of the same land.
The rules OF practice have the force |
and effect of laws and when not com |
piled with the omission is at the |
peril Of the one violating these rules.
The Department cannot recognize
the binding force upon it or upon the
Commissioner of the General Land
Office of any stipulation entered into
at hearing by special agents and at
torneys for parties in interest. which
may preclude the consideration in the
,
Idity or regularity of the claim.
In making Withdrawals and CLASH
ication of large areas of land. the
Government finds it impracticable
md unnecessary to determine as to
he status of each particular tract !.
covered thereby, and that frequently
and, whether be believes wafer ran
icing asserted, and even patented
racts, are included in such withdraw
is and classifications. The fact that ,,
certain tract happens to be describ- u
d in list of lands Withdrawn or =
lassified does not of itself determine a.
ne ownership or in any manner af-
sct the title thereto. %
Desert Lands. -
The reclamation act of June II. =,
Sf2, only permits homestead entries ~
be made on the express under to
anding that they will be reduced 10
} the area determined by the Secre- a,
ry to be sufficient for the support tn
a family, a,
Public irrigable lands in reclama-
on projects are, under the letter and in
'irit of the reclamation laws. to he W.
vided among as many families as oil
e lands will properly and reason nc
'ly support The assignment act of in
Inc 2S, 1910, does not modify this tn
quirement, but. on the contrary. sH
pressly imposes II upon assign sw
ents ma
The reclamation required in desert po
nd entries contemplates proof of lit
tier supply sufficient and perman- gre
{ as we'll as an irrigation system ga
equate and substantial under usual
editions for the raising Of ordinary tw
riculturaI crops. tro
Before patent can be legally issued enl
der a desert land entry il mnst he {
own that the claimant is possessed ait
a sufficient water right to reclaim she
} land on
IN accepting the purchase money 'ei
connection with a desert land en- ~
, the Government does not. direct
or indirectly guarantee that the WI
ID is susceptible of reclamation
m its arid state. but it is for the Ne
ert land applicant to decide for
lself. after an examination of the
er rock in place. ? The quarty or .
conducted to and distributed over
same. as to reclaim 1t from desert Tar
dition. ON,
preference right of entry on lano thel
ndrawn for irrigation purposes re- 80
ms suspended under operation of 70
. until such time as water NAV be Top
lied and designation of farm units go
lie. 80
Mining. wer
lineral found In the surface rock rhul
le. win not amount to discovery. reys
'ss the same contains ore in pay NOR