Semi-weekly herald., 1912-09-19
AUGUST DIGEST OF IMPORT
ANT PUBLIC LAND DECISIONS
HOmesteads

quired.
Section of the act Of Fec. 19,
1909, requires, among other things in
making final proof on entries under
the revised statutes, proof also Of
cultivation of specific portions cf the
entry from year to year.
Obviously the specific requirements
of said act as to cultivation cannot
be affected by the previously enacted
section 2305 r. s., allowing credit as
to residence OIL homestead entries for
military service.
Isolated Tracts.
Under the provisions of the act Of
April 80, 1912, isolated tracts can
be sold and entered with reserva-
tion to the government of the coal
| rights. In such case the entryman
should signify his willingness to ac-
| cept limited patent.
Practice.
In a contest between two entrymen,
| who in good faith settle upon two ad-
I joining homesteads simultaneously,
their rights will lbe equitably adjusted
by the department.
NOTE-In the above case, the de-
partment follows the reasoning in
Williams VS.. U. S. Q3S U. S. 514),
| and overrules the case of Sumner VS..
Roberts (23 l.. D., POLL
1t has often been held by the De-
partment that, when an entry has
been enormously allowed in violation
of the rule approximation, said en-
try may remain intact subject to con-
| sideration by the board of equitable
adjudication, when it is shown that
such entry could not be reduced with
out forfeiture of the improvements of
| claimant
Information as to proposed restora-
tion Of lands will not be given out in
advance of the publication of execu-
tive orders affecting such lands, as
such information might embarrass the
department in its adjudication of such
claims.
| A preerrnce right obtained through
the successful outcome of a contest
of public land entry is not assign
able.
The law does not provide either ex-
pressly or by implication that this
preference right could be exercised
either directly or indirectly by another
even though the third person had
obligated himself after obtaining pat
ent to the land to convey the title
thereto, in whole or in part, to the
contemplated personal proceeding
and personal reward.
| Desert Lands.
There is nothing in the act of June
%, 1910, inconsistent with the allow
ance of a preference right to a sue
cessful contestant.
The preference right is a reward
offered to one who has expended his
money and time in obtaining cancella-
ton of an unlawful holding of public
lands. However, only one farm unit
can be entered under such preference
right.
The construction of an artesian well
for reclamation purposes is a con-
struction of irrigation works within
contemplation of section 3 of the act
of March 28, 1908, and failure, after
diligent effort, to obtain water by
means of such attempted artesian well
without fault on the part of the en-
tryman, is sufficient ground for an
extension of time.
Mining.
A coal declaratory statement is a
filing required to be made by a per-
son who, having acquired preference
right to make entry of a particular
tract of the public coal land, by the
opening and improvin gof coal mine
theron, seeks to preserve such right
beyond period of sixty days next
succeeding the date upon which the
right accrues. 1t does not and cannot
of itself initiate any right to tract,
but merely preserves and continues a
preference right of entry, already ac-
quired, for an additional period of
twelve months.
Such filing, therefore, ceases upon
timely presentation of an applica-
ton to purchase, presented by the
declarant, to have any office to per-
form, except insofar as it must needs
be invoked as against departmental
withdrawal of the land, or rights al
legged to have been initiated by an ad-
verse claimant, during the preference
right period. AS to all strangers to
the land, the declaratory statement
becomes, upon presentation of an ap-
plication to purchase, Functus Officio.
Improvements enclosed for mining
purposes, which have ceased to be
used for such purposes, cannot de-
g