The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1912-06-15
DIGEST OF MAY
LAND DECISIONS
Continued from Thursday.)
Desert Lands.

try is not an abandonment of an en-
try. The entry still exists and may
be perfected, and title be acquired. If
an entry is abandoned, the land falls
back into the public domain, and the
government has parted with no land.
Bone VS. lockwood (3S L. d. 253) dis
tinguished.
An entry of unsurveyed lands made
within ninety days after the fling of
the survey plat is subject to the time
ly assertion, within that period, of
possible preference right given by the
act of March 2S, 1908, based upon pos
session and commencement Of recla-
nation OF desert lands prior to their
survey.
Miscellaneous.
trustee of a township in the dis
trict of Alaska is entitled t. compen-
sation only for each day actually en-
gagged and employed in the perform
ance of his duties as such trustee.
Repayment can only be allowed upon
specific statutory authority. Under
the act of June 16, 1880, repayment is
authorized where entries are Cancelled
for conflict or have been erroneously
allowed and can not be confirmed.
1t was the purpose of the act of
March 70, 1908, to afford repayment
where moneys are covered into the
treasury under any application to
make any fling, location, selection, en-
try or proof and in the process of
adjudication such application, entry
or proof is rejected and the party or
his legal representatives have not
been guilty of fraud or attempted
fraud in the transaction.
The small holding law provides for
the perfection, within a limited time,
for the fling of applications claiming
ITS benefits or individuals and person
al rights of adverse possession, and
there is no warrant of law for merg-
ing such Independent rights of the
several occupants of differer,, tracts
into one claim for their combined
tracts either in the names OF one or
in the name of one representing all.
Mining
decision of the secretary of the
interior that land is mineral is bind.
ing on all the officers of the land de-
partment. Such decision can only be
overcome or removed by evidence ad-
dneed at hearing regularly had, after
due notice to all parties claiming an
interest in and to the land under the
mining laws, and at which the burden
must be assumed by the person assert
ing its non mineral character. Such
evidence must clearly show that the
land does not possess value for mining
purposes.
School indemnity selections offered
by states for lands classified as coal
or known to be valuable for such de-
posits could not, prior to April 80,
1872, be accepted or approved; but
those selections offered and pending at
the date of passage of the act of
April 30, 1912, may, in the absence of
intervening adverse rights, and upon
proper elections fled by the states,
now be allowed and accepted as of
April 30, 1912, if there be no other OBJ
lection, the right to offer exchange be-
ing extended by said act, and the Sec
retary of the interior being therein
authorized to accept the exchange up
on conditions herinbefore stated.
Section 1882 in no wise affects the
authority of the land department, con-
ferred by other provisions of the min
ing laws, to investigate in any case
arising under those laws the character
of the land, the suffciency of the i'm
provements, or any matter not affect
ing applicant IS right of possession,
where the claim has been held and
worked for a period which satisfies the
statute of limitations of the state or
territory in which it is situated, with
a view to determine whether he is en-
titled to patent thereto.
As the scope of the several coal land
sections of the revised statutes covers
the entire field of assertion of claims
to and disposal of coal lands, all the
provisions must be read together and
SO construed as to give harmonious
operation if possible.
A person or association duly qualif-
ed may become invested with a sub
stantial claim or right under the coal
land laws which is short of a right to
make present entry.
A company which has opened and
improved it's mine, accompanied by ac-
tual possession, thereby becomes pos
sessed of the right to assert it's ex-
elusive claim to $40 acres of public
coal lands, by filing its declaratory
statement therefor, and thereafter
such association, having seasonably
expended $4,000 in working and i'm
proving its mine, becomes invested
with the right to apply, pay for, and
enter such lands.
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
thoroubhly COMPETENT status clerk
who, under our direction, will furnish
specific information in regard to any
public land entry or pending case. The
cost of this service is one dollar for
each report.
Address all communications to Clark
& Wright, Washington Loan & Trust
building, Washington, ID. c.
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