The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1912-09-19
Digest OF RECENT
LAND DECISIONS
Homesteads.


dence and not to any cultivation that
may be specifically required.
Section of the act of Feb. 10. 1909.
requires, among other things in max
ing final proof on entries under the re-
vised statutes, proof also of cultiva-
tion of specific portions of the entry
from year to year.
Obviously the specific requirements
of said act as to cultivation cannot be
acected by the previously enacted Sec
tion 1905 R. s., allowing credit as to
residence on homestead entries for
military service.
Isolated Tracts.
Under the provisions of the act of
April 80, 1912, isolated tracts can be
sold and entered with reservation to
the government of the coal rights. In
such case the entryman should signify
his willingness to accept a limited
patent.
Practice.
Tn contest between two entrvmen.
who in good faith settle upon two ad-
joining homesteads simultaneously.
their rights will be equitably adjusted
by the department.
Note-In the above case the de.
partment follows the reasoning in
Williams VS.. U. s. Obs u. s. sly, and
overrules the case of Sumner VS.. Rob-
erts (23 L. D. 201).
1t has often been held by the depart
ment that, where an entry has been
enormously allowed in violation of the
rule of approximation, said entry may
remain intact subject to consideration
by the board of equitable adjustment,
when it is shown that such entry could
not be reduced without forfeiture of
the improvements of claimant
Information as to proposed restora-
tion of lands will not be given out in
advance of the publication of execu-
tive orders affecting such lands, not
even to those asserting claims, as such
information might embarrass the de-
partment in its adjudication of such
claims
A preference right obtained through
the successful outcome of contest of
public land entry is not assignable.
The law does not provide either ex-
pressly or by implication that this
preference right could be exercised
either directly or indirectly bv anoth-
er even though the third person had
obligated himself after obtaining pat
ent to the land to convey the title
thereto, in whole or in part, to the
successful contestant. The statute
contemplated personal proceeding
and a personal reward
Desert Lands.
There is nothing in the act of June
ance of preference right to a sue
cessful contestant.
The preference right is a reward of
fered to one who has expended his
money and time in obtaining cancella-
tion of an unlawful holding of public
lands. However, only one farm unit
can be entered under such preference
right.
The construction of an artesian well
for reclamation purposes is construc-
tion of irrigation works within the
contemplation of section of the act
of March 2s, 1908, and failure, after
diligent effort, to obtain water by
means of such attempted artesian we..,
without fault on the part of the entry
man, is sufficient ground for an ex-
tension of time.
Mining.
A coal declaratory statement is a
filing required to be made by a person
who, having acquired preference right
to make entry of particular tract of
the public coal land, by the opening
and improving of a coal mine there
on, seeks to preserve such right be-
yond period of 60 days next succeed
ing the date upon which the right ac-
crues. 1t does not and cannot of itself
initiate any right to a tract, but mere
ly preserves and continues a prefer
ence right of entry, already ACQUIRED,
for an additional period of II months.
Such a filing, therefore, ceases up
on a timely presentation of an appli-
cation to purchase, presented by the
declarant, to have any Office to per-
form, except in so far as it must needs
be invoked as against a departmental
withdrawal of the land, or rights al
legged to have been initiated by an ad-
verse claimant, during the preference
right period. AS to all strangers to
the land, the declaratory statement
becomes, upon presentation of an ap-
plication to purchase, functus offieio.
improvements enclosed for mining
purposes, which have ceased to be
used for such purposes, cannot de-
! feat timber and stone entry, where
the land is not shown to possess any
present value for mineral.
When a mineral entry has been
regularly cancelled, it cannot be re.
instated in the absence of posted and
published notice of the application
therefor in the same manner and for
the same time as required for the
notice of the original application.
| Where a mineral claim is held in
valid, a mill site location made in
connection Herewith, of which no use
has been made for milling or reduction
purposes, cannot stand.
Note--These digests are compiled
by William w. Wright, of the District
of Columbia bar.
Citations to above decisions furnish
ed free. Stenograpric copies at cost.
| Owinu tn the demand for specifit