El Paso herald. (El Paso, Tex.) 1901-1931, 1912-04-19

, 2 month
Las Cruces, N n. April ia cir
! cuIar letter of instructions issued by
! the United States land office to all
] United States commissioners in the
/ district has just been mailed out and
/ deals with the rights Of entrymen to
/ make second entries under the act Of
| congress approved February B. 1911
BY the wording Of the act OF con-
| gress of February 3, 1911, one who has
/ made desert land entry prior to the
/ date of the act and lost, forfeited or
/ bandoned the land, can secure a sec
| ond entry provided he did not relin-
| Quish the former entry for a valuable
| consideration in excess Of the ring
fee paid.
The question as to the amount Of the
! fling fee in a desert land entry is the
| point on which many mistakes have
been made, for the local oITlce mas
been holding that the 20 cents per
acre paid on filing the entry is the
filing fee. This point has been de
cided by the secretary Of the interior
however, in accordance with the law
Of March 3, 1877. has decided that the
% cents per acre on filing the entry
is not a fee or commission, but an in
stalment on the purchase OF the land
and in the circular Of September 80.
1910, on page Is, section 81, IT IS held
that no ices or COMMISSIONS are re-
Quired Of persons making entry under
the desert land laws, except such fees
as are paid to the offices for taking
affidavits and proofs
This rule applied to second desert
land entries viii mean the cancellation
of many Of the desert land entries
made in the Mimbres valley as numer-
Gus cases are Of record where the par
ties who have entry under the pro-
visions of the act Of February 8, 1911,
have sold or relnQuished their former
entries for a valuable consideration in
excess of the filing fees paid. although
the consideration was less than the p
cents per acre paid at time Of entry.
Several contest cases have been filed
in accordance with this decision. and
during the past few days several en-
tries have been rejected both by the
local land office as well as by the de-
partmenr at Washington, because OF
conflict with the above provision
Another question that has been
raised in the local land office is re-
garding an assignment Of a desert land (
entry, and the register and receiver
have ruled in accordance with the de-
CisiOns of the secretary Of the interior
in previous cases, that the assignment I
Of an entry, or the acceptance Of an |
assignment exhausts the right Of the !
cntryman and this right is not re
stored by the act Of February 8 1871. ]
Return 80 True Bills.
The grand jury which has been In I
session for 10 days has ended for this /
term Of court, and the cases VIII now I
proceed to trial There were 80 true .
bills and y no bills
The case of the old commissioners /
Of the Las Cruces ditch wherein the {
commissioners are plaintiffs in suit [
to recover $4,000 each from George ]
". Kerr for the alleged procuring OF /
malicious indictments against them /
was tried a number Of the leading at /
tCrneys OF the city representing the /
plaintiffs, Manuel Lopez. Catarino Z
ArmijO, NJ. H Peterson. Mr.. Quesen- /
berry and A. AvalOs. AR. Kerr being I
PasO. The case did not go TO the Jury, Z
Judge Medler rendering q decision af- (
ter hearing the case, ruling in favor /
Dr.. Emory N. Paine. Of Deming. Is |.
on business before the local land Of I
flee.
DIT. Nathan Boyd is in the city for a |
few days from his home in the Organs .
To Meet Drum
The Automobile club OF Las Cruces /
viii meet chairman Drum Of the Trans I
continental Touring club on his ocean (
to ocean trip. VIM Palmer, jr., viii 90
as far as Alamogordo in his large car (
to meet DR.. Drum Gerald TOtten also
VIII make the trip and they VIII pilot {
Mr. Drum through San Augustine Pass I
and upon reaching this side OF the
range, a large delegation viii meet /
them with every available machine IN 7
the city, and escort the party 70 Las &
Cruces
Those who 90 to Alamogordo will 4
leave here Sunday. and Monday at 4
about noon Mr.. Drum is expected to |
arrive in Las Cruces, spending the I
balance of the day and go on to FL I
Paso over the Canine Real
Land office Notes.
Desert Land entries. VIM A Hack /
ney, III Stanton street FL PaSO, Tex, /
southwest quarter section 20, township j
% south, range west; lieu selection B
Santa Fe, Pacific railroad company; /
Howell Jones, Topeka Kans-, for the I
southeast quarter Of southwest quar-
ter section r. township is south,
range IS west Land commissioner filed .
lieu selection based on the northwest
quarter Of northwest quarter section +
IS, township II north, range west;
held for publication.
Homestead entries: REQ Clotfelter Z
Hurley, y. ~. southeast quarter Of
southeast quarter section 19, south I
west quarter of southwest quarter sec 7
ton 90. west half Of northwest quarter {
section %, township Is south, range .
u west. Anna. L Latham, Lake Valley (
y. n. east half Of northwest quarter !
lots 1 and 2, section 10, township 90
south range west. Edmonton a. Da-
Wis. Mutt y. N. east half Of southwest
quarter lots 3 and 4, section IS town (
ship 20 south, range west John o. I
Willard Mutt, n. NJ, southeast quar-
ter section 13, township 20 south, range
Desert land entry: Charles W. Hug
gins. Deming, y. NJ, east half section /
13 township p south, range 10 west I
Hadley Reams has returned from
A new brokerage and commission
house has been established at Main ]
street and Las Cruces avenue. man
eyed by EdmOnson Link, son OF B. T.
Link, OF this city.
Interest is being manifested in +ba
coming concert by Ellen Beach Yaw. |
under the auspices Of the local lodge
Of Elks. The concert viii be some
time i'm May, and in southern New Mex
leo Miss Yaw will be heard only in
Las Cruces and Deming-