Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1912-03-16
RECENT LAND DECISIONS.
Homesteads, Desert Lands, Final Proofs
and Mining.


The following important law point
have recently been decided by the Sec
retary of the Interior, making the Janu
airy digest;
HoMEsrE ADS.
The Department Is without authority
to extend the life of an entry and per
NIT the entryman to make compliance
with the law as to either residence ol
cultivation, subsequent to the expiration
of the statutory life thereof
Where lands which have been with
drawn from all disposition are restored
to entry, no application will be received
or any rights recognized as Initiated by
the tender of an application for any such
lands until the order of restitution 10 re.
ceived by the local Office. Citing George
B. Pratt (3s L. d. 146).
The Act of 1908, providing for second
entries, has no retroactive effect which
will operate to cure a defective right
based upon claim of prior settlemen,
and at the same time cut off and defeat
the assertion Of a superior adverse claim.
In other words, one disqualified to in.
itiate valid settlement right cannot
claim the privilege of having his status
as an entryman determined as of the
date of his application to protect such
invalid settlement right. The right will
only be protected from the date the i'm
pediment to its initiation is removed,
and the right attaches.
The Act of February l3, 1911, extend
ing time of residence in certain states is
a remedial statute and should be con-
structed literally. Therefore the same
covers period of time from December
lst, 1910, until May 18th, inclusive.
DESERT LANDS.
Act of June 23rd, 1910, providing for
assignment of entries or parts thereof
made within reclamation projects under
Act of June l7th, 1902, covers only those
claims wherein the entryman has salts
factory proof ofresidence, improvements
and cultivation, for five years required
by the Act.
A successful contestant does not re-
quire any pecuniary rights. He is en-
titled to a period of thirty days from no.
tice of the cancellation of the entry
within which to apply to enter the land,
but the payments made by the former
entryman cannot be credited to him, nor
is he entitled to the lower rate per acre
for building charges, but must pay the
charges, obtaining at the time his appli-
cation to make entry is filed.
The mere fact of an outstanding ap-
proved right of way will not, under the
provisions of the Act Of March 3rd, 1891,
giving reservoir sites, prevent the De-
partment from giving approval to con-
flicting application for right ofway. The
conflict, however, will be given proper
weight in determining whether approval
should be given to a later application
covering portion of the same ground,
especially where the previous right of
way had been actually utilized.
One who makes desert entry of pub.
lie lands must clearly show, in submit
ting proof, not only that he has the right
to sufficient supply of water to success
fully irrigate the lands, but that the sys-
tenn of bitches is adequate for that pur-
pose and also that the necessary supply
of water has been actually used on said
lands in manner to prove the beneficial
result.
FINAL PROOF.
The Register will be held liable for
the costs of republication of final proof
where an error in description of land
is made by him. The record is in pos
session of the Register and he should
see that the descriptions are correct be-
fore directing publication. Published
instructions of August l1th, 1909, (3S l..
d. 1917. Affirmed.
Where the proof as to residence ia
weak, but there is strong proof of cult
vation of the land in added area and
with increasing yield of crops each year,
and evidence showing a persistent effort
to maintain an actual home upon the
land, the proof will be deemed suffi-
cient.
The law permitting cash entry of TIM
bered and non-timbered lands does no,
fix definite period for making final
proof However, it must be reasonable
and made within seven years from date
OF entry, as an ordinary homestead en-
tries has been considered as the limit oil
time, which may properly be allowed
for the making Of final proof of entries oil
this class.
PRACTICE.
A contest affidavit filed against a des.
ert land entry during the tendency Of
an application for extension of time un.
der the Act of March 28th, 1908, should
allege facts tending to overcome the
prima facia showing Of right to such ex,
tension.
Citing Hoobler va. Treffry, (39 L. D.
557).
The entryman's rights to extension o.
time prima facia, by reason of the mere
filing of the application and the burden
of proof is upon contestant to controverl
these facts set forth in the application
for extension of time.
A motion to dismiss an appeal viii
not be granted, where it appears that tht
interests involved are large and tht
United States is in truth and in fact {
party in interest, but will be disposed o
on its merits.
MINING.
Land chiefly valuable for clay de
pOsit from which cement pnav ha mann