The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1912-02-16
Practice

When an application to contest al
: entry is executed before an attorney
such person is thereafter disqualified
from acting as attorney in any sub
sequent proceedings therein. Constru
ling regulations published in (33 L
d., 653.
A MORTGAGE who had notice Of
the hearing before the local land Of
flee, but does not appear, will not
be permitted to intervene after the
local offices have decided the case
and the same is before the depart
ment for consideration.
A motion for rehearing signed only
by the attorney for applicant and the
verification being only in general
terms, and which fails to set forth
the names of proposed witnesses and
substance of proposed testimony is
insufficient under the rules of prac-
tice.
..
When the secretary of interior is
unable to decide the case on its mer-
its from the record before the depart
ment, the case may be remanded for
the taking of further testimony.
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-
pushed.
Where entryman sells the land af-
ter obtaining final receipt, and before
patent, the purchaser takes no better
right than the entryman had at time
of sale.
The filing of an application to Sc
lect indemnity lands is not sufficient
either to vest title in the lands APP
piled 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 tn secretary of the interior, cit
ing Railroad 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.
$3.50.
A homestead entryman may be al
lowed to amend his entry and en-
brace therein adjoining land which he
was not allowed to take at the time
If making his entry, because of it's
being then covered by an existing ell
,ry, providing notice was given at the
line, of its purpose to contest said
entry, and the same has actually
)een done.
- |
Mining
In determining the amount of work
lpon claim, or Improvements placed
hereon for the purpose of represen-
alton, the test is as to the reason
bile value of said work or improve
nents,. not what was paid for it or I
What the contract price was, but it
depends entirely upon whether or not
he said work or improvements were I
easonably worth the amount claimed
1t is within the scope of the conf
nissioner's authority to require affi-
avits of officers of a corporation
howing how much money was ex-
ended on an oil we'll and when ex-
ended. Also affidavits from each Of
he locators showing whether they
yere stockholders or employees of the 4
laimant company.-at the time of
1aking discovery and location; how
luch, If any, of his own funds each. 4
ocator contributed toward the ex- I
ense of sinking the we'll, and wheth- ;
r at time of making discovery and !
ocation they were acting directly or 4
1directly for the claimant company.
-
The purpose of a coal declaratory 4
tatement is to preserve, not to !
reate or initiate preference right
entry. Where the claimant ac-
uires no preference right, in the first :
1stance, his declaratory statement
as no function to perform and hence,
rom the beginning, was null and
old and being nullity, nothing
one subsequent to its filing could
41 - <~sx, T.