Weekly journal-miner., 1912-02-28
HomestMds.

The department is without authority to extend the life of an entry and permit the entryman to make compli. ance with the law as to either resi-. dence or cultivation, subsequent to the expiration of the statutory life thereof.
 Where lands which have been with. drawn from all disposition are re. stored to entry, no application will be received or any rights recognized as initiated by the tender of an appli. cation for any such lands until the order of restitution is received by the local office.
 The act of 1908, providing for sec. ond entries, has no retroactive effect which will operate to cure defective right based upon a claim of prior set. tlemcnt and at tho same time cut off and defeat the assertion of a superior sdverse claim. In other words, one disqualified to initiate a valid settle. ment right cannot claim the privilege of having his status as an entryman determined as of the date of his ap. plication to protect such invalid set. clement right. The right win only be protected from the date the i'm. pediment to its initiation is removed, and the right attaches.
 The act of February 13, 1911, ex. tending time of residence in certain states is remedial statute and should be construed literally. There. fore, the same covers a period of time from December l, 1910, until May IS, inclusive.
 Dessrt Lands.
 Act of June ga, 1910, providing for assignment of entries or parts there of, made within reclamation project, under act of June l7, 1902, cover, only those claims wherein the entry man has satisfactory proof of resi- denee, improvements and cultivation for five years, required by the act. A successful contestant does mol acquire any peeuniary rights. He i, entitled to a period of thirty day' from notice of the cancellation of tho entry within which to apply to enteI the land, but the payments made by the former entryman cannot be cred tied to him, nor is he entitled to tho lower rate per acre for building charges, but must pay the charges ob taining at the time his application t' make entry is filed.
 The mere fact of an outstandini approved right of way will not, unde the provisions of the act of March 2 1891, giving reservoir sites, preven the department from giving approva to colflieting application for rgh of way. The conflict, however, vii be given proper weight in determininI whether approval should be given L n later application covering a portiol of the same ground, especially wher the previous right of way had bee actually utilized.
 One who makes desert entry O public lands must clearly show, submitting proof, not only that h has the right to sufficient supply c water to successfully irrigate the Ian but that the system of ditches is ad' quate for that purpose. and also ths the necessary supply of water h' been actually used on said lands , manner to prove the beneficial T } suits.
 Final Proof
 . The register will be held liable f' ' the costs of republication of fin : proof where an error in description [ land is made by him. The record
 in possession of the register and \ should see that the descriptions a i. correct before directing publieatio n Published instructions of August l { 1909 affirmed.
 Where the proof as to residence ' weak, but there is strong proof of c' n tivation of the land in added ar y and with increasing yield of ero O each year, and evidence showing
 persistent effort to maintain an a' s ual home upon the land, the pro IT will be deemed sufficient. d The law permitting each entry !. timbered and nontimbered lands do n not fix a definite period for maxi h final proof. However, it must be r' h sonnble and made within seven yea fl from date of entry, as in ordina .s homestead entries has been consider
 as the limit of time, which may pr'
 erly be allowed for the making
 final proof of tntries of this class.
 Practice.
 4 oobtep, affidavit filed against ta deser, land entry during the pei