The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1912-11-21
MONTHLY DIGEST
OF Law POINTS

Monthly digest Of important law
points recently decided by the Secre-
tary of the Interior.
Homesteads.
No preference right of entry can be
acquired by contesting an Indian
homestead entry and such contest can
be permitted only by consideration of
the same by the commissioner.
mere settlement upon public land
lunaccompanied by an assertion of
claim in the land department, does
not appropriate the land from settle
nent or entry.
foreign corporation which has
improved and possesses town lots in
an INDIAN reservation and actually
conducts thereon its business in the
state, clearly has residence on the
lots SO far as residence thereon is
possible for foreign corporation, and
may hold such lots.
After complete abandonment of
an entry, subjecting it to cancellation
on contest or governmental proceed
ings, the former entryman does not
forfeit benefits of the act of Feb. 3,
1911, simply by sale of such of his i'm
provements as are in fact movable, at
a sum less than cost and well within
the reasonable value.
The rule of approximation is a rule
merely of administrative expediencv
and not of right. Indeed, the legality
of its application is in many cases at
least doubtful.
1T is general principle that a
purchaser with improvements is en-
titled to redeem his default where no
express forfeiture without right to re-
dem is imposed.
Desert Land.
Where, on account of i'll health and
J advanced age of the applicant annual
proof on desert land entry was
executed before an officer residing out
side of the land district, such techni-
cal violation of the law may, upon
! proper showing, be submitted to the
board of equitable adjudication.
One of the conditions governing
homestead entries within reclamation
projects is that they shall be conform
ed and divided into such farm units
J as the secretary of the interior may
decide to be each adequate for the sup
port of family. The right of entry
being limited to single entry, it is
! evident that the law does not contem-
plate an assignment which will permit
! the acquisition Of two or more units,
the title to which has not passed from
the government.
: The act of June 81, 1906, applies
! only to entrymen who have been
directly or indirectly delayed or pre-
vented from carrying out their own
projected plans and works for obtain
ing water supply, through inter
ference of the government in entering
upon a reclamation project.
Mining.
While there is no specific provision
in the coal land laws that prohibits
the securing of more than one pre-
ference right of entry or the fling of
more than one coal declaratory state
ment, it is nevertheless provided in
paragraph 5 of the regulations issued
in pursuance to the provisions of the
coal land laws (35 l.. d. 665), that the
right to enter or hold lands under such
laws is exhausted by the previous ac-
quisition of preference right of en-
try "unless sufficient cause for the
{ abandonment thereof is shown.'
This legislation would imply, how
ever, that a second coal fling by the
same person may properly be made
when sufficient reason is shown for
the failure of such person to perfect
title to the tract embraced in his first
fling.
The rejection of one of group of
claims applied for under the mining
law for reasons applicable only to
such rejected claim does not affect the
proceedings regularly had as to the
remainder.
The law contemplates and good ad-
ministration requires that an appli-
cart for patent should designate with
certainty and particularly the ground
sought to be patented under his ap-
plcation papers and in his notices
thereon.
The application for patent and the
accompanying papers are the basis
of the proceeding and should be so
clear, certain and definite that no
one will be misled or prejudiced
thereby.
The question of discovery must be
determined by the department in every
case that comes before it and, in reach
ing such conclusion, the department
nav properly avail itself of testimony
upon this question adduced, under
oath, at hearing regularly had.
Note--These digests are compiled
by William w. Wright, of the District
of Columbia bar.
Citations to above decisions furnish
ed free. Stenographic copies at cost.
Owing to the demand for specific in
formation in regard to public land en-
tries and pending cases, we desire to
announce that we now maintain a
thoroughly competent "status' clerk
who, under our direction, will furnish
| specific information in regard to any