The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1912-02-17
DIGEST JANUARY
LAND DECISIONS

The following important law points
have recently been decided by the sec
retary Of the interior:
/ Homestads.
| The department is without authority
to extend the life of an entry and
permit the entryman to make compli-
ance with the law as to either resi-
dence or cultivation, subsequent to the
expiration of the statutory life there
Of.
Where lands which have been with
drawn from all disposition are restor-
ed to entry, no application win be re-
ceived or any rights recognized as in
itiated by the tender of an applica-
tion for any such lands until the order
of restitution is received by the local
Office. Citing George B. Pratt (3S L.
d. 1869
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 settlement
and at the same time cut off and de-
| feat the assertion of superior ad-
verse claim. In other words, one dis
qualified to initiate a valid settlement
right cannot claim the privilege of
having his status as an entryman de-
termined as of the date Of his applica-
tion to protect such invalid settlement
right. The right will only be protected
from the date the impediment to it's
| initiation is removed, and the right
attaches.
The act of February 13, 1911, ex-
tending time Of residence in certain
states is remedial statute and should
be construed literally. Therefore, the
same covers period of time from De-
cember 1, 1910, until May Is, inclusive.
Desert Lands
! The act of June 23, 1910, providing
for assignment of entries or parts
thereof, made within reclamation pro-
jects under act of June II, 1902, COW
ers only those claims wherein the en-
tryman has satisfactory proof of resi-
dence, improvements and cultivation
for five years, required by the act.
A successful contestant does not
acquire any pecuniary rights. He is
entitled to priod of thirty days from
notice 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 application to make entry
is fled
The mere fact of an outstanding ap-
proved right of way will not, under
the provisions of the act of March 3,
1891, giving reservoir sites, prevent
the department from giving approval
to conflicting application for right
of way. The conflict, however, will
be given proper weight in determining
whether approval should be given to a
later application covering a portion of
the same ground, especially where the
previous right of way had been actu-
ally utilized.
One who makes desert entry of pub
lie lands must clearly show, in sub
mtting proof, not only that he has the
right to sufficient supply of water to
successfully irrigate the lands, but
that the system of bitches is adequate
for that purpose, and also that the
necessary supply of water has been
actually used on said lands in man
ner to prove the beneficial results.
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 possession of the register and he
should see that the descriptions are
correct before directing. publication
Published instructions of August H.
1909 (3S L. d. 1917 Affirmed.
Where the proof as to residence is
-. cxr cf anil
tivation of the land in added area and
year, and evidence showing per
home upon the land, the proof will ht
deemed sufficient.
The law permitting cash entry OF
timbered and non timbered lands does
not fix a definite period for making
final proof. However, it must be rea
sonable and made within seven years
from date of entry, as in ordinary
homestead entries has been consider
ed as the limit of time, which may
properly be allowed for the making OF
final proof of entries of this class.
Mining.
Land chiefly valuable for a clay de
posit, from which cement may bt
) manufactured, does not bring the land
within the mineral classification. There
is no substantial distinction, as far as
the mining laws are concerned. be
tween a deposit of clay suitable fol-
the manufacture of ordinary bricks
and one capable of being utilized in
the production of Portland cement.
The jurisdiction of the land depart
ment in all matters involving the dis
position of the public domain is pie
nary and exclusive, except where spe
cifc legislation has made the adjudi
cations of local tribunals auxiliary to
the proceedings before the land depart
ment connected with acquisition OF
title.
{ Where one applies for patent under
{ non-mineral application, the land de
{ partment must determine the land tC
{ be non-mineral before patent car
.