The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1912-01-30
DIGEST OF DfCFM-
BER LAND RULINGS

The following important law points
have recently been decided by the
secretary of the interior:
Mining.
In determining the amount of work
upon claim, or improvements placed
thereon for the purpose of representa-
ton, the test is as to the reasonable
value of said work or improvements,
not what was paid for it or what the
contract price was, but it depends en-
tirely upon whether or not the said
work or improvements were reason
ably worth the amount claimed.
1t is within the scope of the COM
mlssloner's authority to require affi-
davits of officers of a corporation
showing how much money was ex-
pended on an oil well and when ex-
pended Also affidavits from each Of
the locators showing whether they
were stockholders or employees of the
Claimant Coat the time of making
discovery and location; how much. Il
any, of his own funds each locator
contributed toward the expense Of
sinking the well, and whether at time
of making discovery and location they
were acting directly or indirectly for
the Claimant Co.
The purpose of coal declaratory
statement is to preserve, not to
create or initiate preference right Of
entry Where the Claimant acquires
no preference right, in the first in
stance, his declaratory statement has
no function to perform and hence,
from the beginning, was null and void
and being nullity, nothing done
subsequent to its fling could operate
to give it any force or effect. Citing
Conway, ct al, VS.. Brooks (39 L. D.,
337).
The purpose of section of the act
of June 25, 1910, relating to oil and
gas bearing lands, was simply to pro-
tect any bona fde occupant or claim
ant of oil or gas bearing lands who
was in diligent prosecution of work
leading to a discovery of oil or gas,
as against any withdrawal Such
proviso, however, has no bearing upon
the question of the measure of proof
necessary to sustain the allegations of
protest, on the ground that the lands
are mineral in character, against a
non mineral section filed before the
withdrawal
When the register and receiver
are both disqualified to sit at the hear
ing of the case, the department has the
power to designate two proper officers
to act. In ex parte cases, the decision
of the register and receiver is more
in the nature of a recommendation to
their superior officer than a judgment,
and the commissioner has jurisdiction
to render his Judgment, subject to re-
view by the department, irrespective
of in fba ahcauaa Of
mendation.
| protest against mineral entry
must be specified and set forth the
various grounds of protest.
Timber and Stone.
Land that is heavily timbered is not
necessarily excluded from homestead
entry. 1t may be homesteaded, pro-
viding it is of such a character as
would be suitable for agricultural use
| II the timber was removed. Otherwise,
heavily timbered land is not subject
to the homestead laws. Citing Finley
VS.. Ness (3S l.. d. 394).
Miscellaneous.
The act of February Is, 1911, con-
strued in view of the act of June 25,
1910, simply makes the latter act in
operative as to land which had been,
prior thereto, properly entered, where
such entry was subsequently relin-
quished.
Where entryman sells the land after
obtaining final receipt, and before
patent, the purchaser takes no better
right than the entryman had at time
of sale.
The fling of an application to select
indemnity lands is not sufficient either
to vest title in the lands applied for
or to divest the selector of title to
the lands offered as base for such
selection.
Neither of these results follow until
the application to select is approved
| by the secretary of the interior. Cit
ing Railrad Co. VS.. Price Co. (133 U.
s., 1867.
1t is proper for the commissioner of
the general land office to require
claimant to amend his homestead en-
try application so as to conform to the
act of June %, 1910, (36 Stat, 5S3).
A homestead entryman may be al
lowed to amend his entry and embrace
therein adjoining land which he was
not allowed to take at the time Of
making his entry, because of it's being
then covered by an existing entry,
providing notice was given at the
time, of it's purpose to contest said
entry, and the same has actually been
done.