Weekly journal-miner., 1912-07-24
Hornestcads.

otherwise qualified who have ex- hausted 'lrir homestead right by the entry oi less than l6J acres Of land unGer the homestead law who have camel and received patent thereon by performing ,hc required residence and cultivation, the right 'o make another homes,ea entry of inc area which. added 10 that con. iained in the original ind patented entry, shal' not exceed l60 acres. As lp other cases where the home stead right is restored, i, requires full compliance with the homestead laws as to residence and cultiva- ton of the lands included in the new entry.
 The provisions of section of the act of March End. 1889. apply only to homestead entries of less than l60 acres of land. and have no reference whatever to entries made under the provisions of the SO call cd "Kinkaid Act allowing entries in certain territory not to exceed GO acres
 Section ] of the enlarged home stead act makes no provision for allowance of an entry under said act as additional to a former entry under said act as additional to a former entry upon which proof has been offered. Neither can a right to make such additional entry be gained by deferring the making of final proof on an original entry be yond the fixed, legal statutory period.
 Desert Lands.
 A mere filing of a map and state ment with the state engineer can not of itself create valid and permanent water right any more than the actual construction of a canal. but it is the actual diversion of the water and the application of the same to a beneficial use. The filing of notice fixes priority of such filing but must be diligently followed by construction and benc- ficial use. Where. without filing a notice, unappropriated water is di- vertcd through irrigation works and applied to a beneficial use, the right of the appropriator will date from the construction of his works. and subsequent appropriations cannot di- vest him of the right SO acquired and maintained
 Although section of the Recla. nation Act provides for cultivation of tn entry in default of water pay. ments when due, it is not imperative that cancellation or forfeiture should be declared. II rests with the sound discretion of the secretary of the interior as to whether an entry man may thereafter be permitted to cure such default by payment of the water charges if he has con tinued to comply with the provisions of the homestead act
 When an assignee takes a desert land entry by assignment he not only exhausts his right. under the desert land law precisely the same as if he made the initial entry, but he also assumes the burdens as we'll as the benefits of such entry and is obliged to comply with the require ments of law within the statutory period as fixed by the date of the entry, not by the date of assign ment. While his right under the entry is first initiated by the assign ment, it relates back when SO initiated to the date of the entry. By assignment, the entry becomes his entry and the date thereof is the date when it was firet made.
 Practice.
 A contest directed against an entry in which the claimants name is enormously given must fail un- less he is shown to have received the notice or the rule of idem sonans is applicable
 There is nothing in rules 78 and 70 of the rules of practice that specifically requires petition for cer,iorari to be filed within 20 days or any other definite period after notice of the decision of the com missioner denying . party the right to appeal from his decision
 Mining.
 In determining the meaning of the word minerals" in the admin istra,ion of the United States public land laws, sight must not be lost of the fact that too liberal inter pretation of the word would greatly restrict the lands open to settlement, as we'll as cut down the area and