The new era., 1912-02-29
E.e,nt Lana of.iee gecIsIons.

Tie department Is without author
ity to extend the life OF an entry ana
permit the entrymun to make coIhph-
ance with the law as to either resi-
dLnce or cultivation. subsequent to
expiration Of the statutory life there,
OF
" here lands which have been with
drawn from ri disposition are res
tored 10 entry, no application VIII be
received or any rights recognized a5
initiated by the tender Of an uplica-
zion for any such lands until the.
order OF restitution Is received by
the local office. Citing George b.,
Pratt (3S l.. D. 1863
The act OF 1908, providing for sec
Ond entries. has no retroactive eff
feet which Will operate TO cure o.
defective right based upon claim
OF prior settlement and Tt the same
tion of Il superior adverse claim. In
other words, one disqualified to in
,tiate valid settlement right cannot
claim the privilege Of having his
status rs an entrymsn determined as
o. Che date Of lis application 10 plo-I
tcct such invalid settloment right.
The right will only be protected FROM
cEe date the imped!mont to Its mi
atlon is removed. and the right at
tachcs.
The act OF February 18Th. 1911, ex-
lending time Of residence In certain
states Is remedial statute and
SHOULD be construed literally. There
fore, tho same covers Il period of
time from December 1st. 1910, until
May 18th. inclusive.
Act OF june 23. 1910, providing for
assignment Of entries OF parts there
of, made within reclamation projects
under act Of Juno u, 1902. covers
oaly those claims herein the en-
;ryman has satisfactory proof OF res
idCncc, improy cments and cultivation
for five years, required BY tho act,
4 successful contestant does not
aCQGirs any Pccuniary rights. He
iS entitied to period OF thirty days
from notice OF the cancellation OF the
entry within which TO apply to en-
ter the land, hui The payments made
stsys a-r..fc cT6fffheH eiftis sSiiitan Cannot be
credited TO him, nor is he entitled
to the lover rate per acre for build
ing charges, but must pay the charg-
os obtaining ut the time his ApDli-ai
.. ,r To may cry is ,'.d.
The more fact Of a outstanding
approved right Of way VII! not, undo
the PROV isiors Of Tic u,j Oh March
,. 1891, giving reservoir sites. pre-
vent the Department from giving ap-
pruval to Il conflicting application for
righ Of way Tho conflict, However
viii be given proper weight in dctcrI
mining ~h,lhsr HrIro'al SHOULD be
given to a later application coycr-
Ing Il Icr tion o. the s"me around,
specially whore ,lc prcvio"a right
o. way hes been ac'u&H! Ut!.i@ ID
Gl> v!.o makes desert entry of
0uh'ic lands must clearly show in
Srhm"i'ir- IT0rI, not only Iiat -
has the right to Il aucHoira; supply q
water to successfully irieat" tho .an,a
but that tic system of bitches
is adequate for that purpose. and
also that HE Necessary supply o. WI
TT has bon actually used On said
lards in manner to prove the bon
official r. SulfG
Tho register viii be held rosron-
s'Dlc for the c"sss oc Republication
of IH.,I proof whore an error IN de-
.,r.l;ion Of 'EJ is mmd, by him
The record is tH roas, ion o. lh>I
Register and ro should SCI that the
descriptions ere correct before di-
rcctiHg publication. l!ubIishcd IN.
structions OF August /, 1909 IS L. D.