The Ordway new era., 1912-02-29
Hsccnt Land Office Decisions.

Tie department is without author
i,y to extend the life OF an entry and
permit the ontrymun to make coEhpl-
ance with the law as 10 either resi-
dLnce or cultivation. subsequent to
expiration Of the statutory life there
OF
Where lands hich have been with
drawn from Ri disposition are res
torod 10 entry. no application viii be
received or any rights recognized as
initiated by the tender Of an uplica-
ron for any such lands until the
order OF restitution Is received by
the local office. Citing George b.
Pratt (3S L. d. 1863
The act OF 1908, providing for sec
Ond entries. has no retroactive cf-
feet which will operate TO cure u
defective right based upon Il claim
OF prior settlement and 1T the same
time cut off and defeat the asser-
ton of u superior adverse claim. In
other words, one disqualified to in
,tiate valid settlement right cannot
claim the privilege Of having his
status rs an cntrymsu determined as
Of thc date Of lis application 10 pro
tcct such invalid settIcment right.
The right will only be protected from
the date the impedImont to Its ini-
ation is removed, and the right at
tachcs.
The act Of February 18Th. 1911. ex-
lending time Of residence In certain
states is remedial statute and
should be construed literally. There
fore, tho same covers Il period of
time from December 1st. 1910, until
May 18th, inclusive.
Act OF june 2G. 1910, providing for
assignment Of entries OF parts there
of. made within reclamation projects
under act Of June II. 1902. covers
oaly those claims wherein the en-
;ryman hDs satisfactory proof OF res
idcucc, Improvements and cultivation
for five years, required by the act,
4 successful contestant does not
lCQGirs any PCcuIiary rights. Hell
iS eptitied to Il period of thirty days
from notice Of the cancellation OF the
entry within which TO apply to en-
ter the land, hut the payments made
stsye cg6rifaH eifts ssiifftaa Guhhot De
credited to him, nor is he entitled
to the lower rate pc. acre for build
ing charges, but must pay The charg-
os obtaining nt the time his uppli~a-
. ,n to u.'..- dry Is lid. Z
The more fact Of a outstanding
approved right OF way WI! not, undo |
The proNisio Of Tic IL; Oh March |
=. 1891. giving reservoir sites, pre-
vent the Department from giving ap-
prOval to Il conflicting application for
righ OF way Tho conflict, However
VIII be given proper weight in dctcrI
mining "hothtr "rIro'al should be
given t" a later application cover
uug Il rcr ;ion o. iAo s"me ground, |
specially whore thc prCviO-a right
o. way h"s bccu aou@Iy ut!liz ID
N-< "!o makes desert entry of
0ah@c lands nus, clearly show in
srhmi'ir- PROOF, not only ulat J..
has the right to Il au:r.oira; supply a
water to Successfully nrteat" the Ian =
but that tic system Of ditchcs
is adequate for that purpose. and
also THAT Ike Necessary supply o. VI
t'r has bc,n actually used On said
!arGs in Il E,.&ncr to prove the bon
Official +, suits
Tho register viil'bo held rcsron-
Sine for the c"sss Of rc.rul'i.alion
of iH,I proof whore au error IN de-
.,rtr,ion Of IND is medt by him
Tic record is .u ross, ION o. The
Register and Re should sec that the
Acscr rirt!trs IRE correct before di-
rcotin& publication. EubIishcd IN
structions Of August l, 1909 IS l.. u. /.