Rocky Ford enterprise., 1912-11-08
r r r r r + r r r r r + +
MONTHLY DIGEST.
OF Important Public Land De-
cisions.
4. Z. Z. 4 = = = 4. r r 4. 1, 4. =

+ OF Important Public Land De- =
cisions. +
+ r + r + r = + + + r r + I. + +
1t is not residence within the mean
ing of the homestead law for one to
return occasionally to his land while
habitually absent engaged in voca-
ton necessarily recurring his absence.
~ -
An entry made upon land, subse-
quently withdrawn but later restored,
has the same effect upon the entry as
abandonment, and the entryman must
therefore, be governed by the 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 claimants
assertion which is not conclusive up
on the Government.
~
The land department has ample au-
thority 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 hearing in any
case irrespective of technical proceed
ure, where justice to the parties seems
to the Department to require that such
hearing be had. .t
The Department has ample author
ity, under its supervisory power, to
elieve against the inadvertencc, mis-
axe or deceit which resulted in the
dismissal of a contest. notwithstand-
ng the pendencv OF junior contest
On 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. ia
~ ~
The Department cannot recognize
the binding force upon it or upon the
! Commissioner of the General Land
Ofhce of any stipulation entered into
at hearing by special agents and at
torneys for parties in interest, which
may preclude the consideration in the
ease of any question vital to the val
idity or regularity OF the claim.
~
| In making Withdrawals and classi-
fication of large areas OF land. the
| Government finds 1t impracticablc and
unnecessary to determine as to the
status of each particular tract COW
cred thereby, and that frequently ar
cas- to which inchoate rights are being
asserted. and even patented tracts. are
included in such Withdrawals and
classifcations. The fact that GER
tain tract happens to be described in
a list of lands withdrawn or classified
does not OF itself determine the own
crship or i'll any manner affect the ii
tie thereto.
The reclamation act OF June 18TH,
1909, only permits homestead entries
to be made on the express under
standino that they will be reduced to
the area determined by the Secretary
be sufficient for the support OF fam
lily.
Public irrigabe lands in reclama-
ton projects are, under the letter and
spirit of the reclamation laws to be
divided among as many families as
the lands will properly and reason
ably support. The assignment act of
June 23rd, 1910. does not modify this
requirement, but, on the contrary, ex-
pressly imposes it upon assignments.
~
The reclamation required in desert
land entries contempIates proof of a
water supply sufficient and perma-
nent as well as all irrigation system
adequate and substantial under usual
conditions for the raising of ordinary
agricultural crops.
~
Before patent can be legally issued
under a desert land entry it must be
shown that the claimant is possessed
OF sufficient water right to reclaim
the land.
In accepting the purchase money in
connection with a desert land entry.
the Government does not, directly or
indirectly, guarantee that the land is
susceptible of reclamation from its
arid state, but it is for the desert land
anplicant to decide for himself. after
an examination of the land, whether
he believes water can be conducted to
and distributed over the same, as to
reclaim it from desert condition.
~
A preference right OF entry on land
withdrawn for irrigation purposes re-
mains suspended. under operation of
law, until such time as water NAV be
lapplied and designation of farm units
made.
] have opened up an office on Elm
Ave. back OF Awards Drug Store.