The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1912-04-02

and the exercise of such discretion
will not be disturbed unless there is
an abuse of it,
Objection to the taking of deposit
ton shou'o be taken within the ten
days allowed prior to the issuance of
the commission. The fixing of a date
to take dispositions, subsequent to the
date set for the hearing, Is not in it.
| self error
The particular time for the taking
of dispositions and for hearings, pre-
liminary, continued, and final, rests
in the sound discretion of the local
officers, and due notice and oppOrtu-
nifty for cross examination and for
presenting the testimony in defense
| being given, the exercise Of such dis
erection should not be disturbed I'M
less gross injustice to the party ad-
versely affected thereby appears in
fact or as likely to result
| Rule 2 of the Rules of Practice was
! designed to insure good faith upon
the part of the would-be contestants
and to prevent the filing and prose-
cution of speculative contests by
those who are qualified or do not in
tend to obtain title to the lands under
appropriate 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 con-
testant as would enable them to de-
termine, in the light thereof, wheth-
er the contest should be allowed to be
proceeded with or refused because
merely for speculative or other i'm
proper purpose.
drawal should not be held bar to
the initiation and prosecution of a
contest by person who shows quail
fications under the rules. with a
view to clearing the record of an in
valid entry. To refuse such contests
would result either in the immunity
of invalid claims included within the
limits of temporary Withdrawals from
contest or entail upon the government
the burden 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 griev-
ances of individuals connected with |
public land matters cannot be con-
sidered 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
question. This is necessary in order
that the facts appearing of record,
upon which the commissioner acted
may be shown When decision of
the commissioner is complained of
the petition for certiorari and exhi-
bits must show that the decision com
planned of was erroneous and that a
right has been denied.
Timber and Stone.
Lands containing improvements
cannot be acquired under the timber
and stone law except in the case of
two classes of improvements: "a
those constructed for ditch or canal
purposes, and CD those belonging to
The applicant himself.
Miscellaneous.
Legal title to a tract of land relin-
luished to the United States as base
or a selection does not pass until the
selection is approved. Before that
line the state may recede from it's Sc
ection and take in place, or, for suf-
lc1ent reason, the commissioner may
EJECT the selection, leaving the title
u state to its school base unaffected
" the attempted selection.
Mining.
Where protest alleges that only a
,art of the ground is mineral in char
lcter and embraced in valid, subsist-
ng lode location, and such protest is
sustained by the department., only that
art OF the entry should be cancelled
which is in direct conflict with the
mineral claims. The balance of the
ntry should be allowed to remain in
act.
When a citizen of the United States
as made an entry upon public lands
+ the United States, under and in ac-
ordance with the homestead laws of
he United States, which entry is in
ii respects regular, he may utilize
and and gravel on said land for the /
urpose of improving the entry. Re-
loval OF sand and gravel prior to fill
and subsequent thereto for the
urpose of sale may constitute tres
ass, but will not, necessarily, invali-
ate the entry.As
A valid mining location can be based
My upon discovery made within it's
mits and upon public lands of the
nited States.
When the land department has rem
cred decision that lands within the
rimary limits of railroad grant
7ere mineral in character at the date
the grant, it excerpts such lands
rom the operation of the grant and no
lghts attach thereto under the grant
pom subsequent adjudication by
lat department, in another proceed
lg, that the lands in question are at
ne time non-mineral.-D