The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1912-08-15
DIGEST OF JULY
LAND DECISIONS
Homesteads.


soldier. under section 2306 R. s., to
be, first, to the widow, and second in
the event of her death or remarriage
before use or assignment of it to the
original entryman s minor children.
Case of Allen Laughlin (31 L. d. 256),
overruled.
Section of the enlarged homestead
act of February 10, 1909, clearly indi-
Gates that an area equal to one eighth
of the entry under the act must be
cultivated for four years, beginning
from the second year of the entry and
that one fourth thereof must be culti-
waited for three years, beginning with
the third year of the entry. Under Sec
tion 3 of the act, all of the cultiva-
tion may be upon the original entry,
provided a sufficient area thereof be
cultivated to meet the requirements
as to both entries.
Residence and cultivation on the ad-
ditional may be completed by resi-
dence and cultivation on either entry
for such time and such area as is re-
quired by the enlarged homestead act.
Where the declaration of citizenship
of an alien entryman appears regular
in other respects, it is qualified to
make entry notwithstanding his arriv
al in this country through other than
designated port or place OF entry and
even though he may not have regis
tered or been inspected.
AS general rule an application to
enter lands not subject thereto (such
as lands withdrawn), creates no right
in the applicant and his appeal entities
him to a judgment only as to the cor
rectness of the action when taken.
The fact that the cause for rejection
of the application is removed (such as
restoration), during the pendency of
the case on appeal entities the appli-
cant to no specific consideration as
against the right of another interven-
ing after the land becomes subject to
disposition.
Although the general rule is that
when patent has been issued for
public land, the land department loses
all jurisdiction over the matter, and
cannot grant another patent until the
former one is cancelled, vet if patent
is nullity, it conveys no title and the
bland described in such patent con-
tinues to remain public land.
When an entryman innocently and
in good faith. with no intent to violate
or evade any law, sells the timber
growing on his entry, upon the sup
position and belief that he mas done
all that the law requires of him and
that he has a right to make such sale,
action will not be had to require can
collation. of the entry, which, u~on re-
cission of the contract of sale, may
| be carried to completion.
| Practice.
1 - - Al l.. ~
as evidence in a land contest unless it
/ is shown, by laying a proper founda-
tion, that they are the best existing
I evidence.
The only right acquired by one who
/ contests and procure the cancellation
of a homestead entry is the right as
against any other person to make en-
/ try of the land within thirty days
! from date of notice of such caneella-
tion.
A contestant who avails himself of
this right by presenting an application
to enter within the period designated
secures all the benefits accorded him
by statute. If, therefore, he presents
an application to enter, in the exercise
of a preference right, he must comply
with the same conditions and require
ments respecting the land as would be
expected of any other applicant there
for
In other words, he, to the same ex-
tent as any other applicant, would be
bound by the laws and regulations in
force at the date application is actu-
ally filed, without regard to those that
might have obtained at the time his
preference right entry accrued.
Final Proof.
Section 230l r. s., as amended, pro-
vides for Communication proof after the
expiration of IA months from date of
entry.
This necessarily implies that the IA
months period of residence and cult
walton must be the IA months imme-
diately preceding submission of COM
mutation proof.
Communication proof cannot be estab-
lished where the residence consisted
of periods of from one to two weeks
at a time at intervals of from two tc
three months.
In order to commute homestead
entry, the claimant must show sub
stantially continuous personal pres
ence upon the land.
Mining
discovery or mlneral character al
any time before issue of patent will
defeat railroad grant.
Mineral lands include not only
metalliferous but all such as are
) chiefly valuable for their deposits OF
mineral character, which are usefu
, in the arts or valuable for purposes
of manufacture, including petroleum
OIL
The coal land law is essentially on'
, of sale. Failure to comply with the
/ authoritative regulations can be ex
I cused only on substantial grounds il
meritorious cases. Citing Stock Oi
Co. case Gao l.. ID. 1887.
, There is no law providing for limit
r ed patents reserving phosphate de
posits to the United tates. An applica
{ tion to enter such lands, accompanies
| by offer to relinquish such deposits
, cannot avail and must be rejected