Deming graphic. (Deming, N.M.) 1903-1948, 1913-06-20
Mere Good Intentions Without Com.
plIance With Law Is Viewed
With Great Dlsfavor
MAN ALWAYS FAMlLy's HEAD
Temporary Absence to Aid Neighbors
to Save Crops Does Not
Break Residence
llONIESTEADS

J
A reservation of property to pub.
lir use Is one of fact than of mere
form. The President is head of all
executive departments and controls
them. An error of one of the depart
mental secretaries in failing to carry
out in words of technical accuracy
the intent of the executive will not
defeat nor impair the effect and
force of his order.
When application is made for Il
tract of public land, regular on its
face, and in due form, the land is
segregated against any other appro-
priation. No right can be obtained
by filing application for it.
An Indian allotment segregates the
land against entry or other disposal.
4 homestead entryman takes upon
himself the burden of all conditions,
climatic and otherwise, etfecting act.
nal cultivation. lie may relinQuish
such entry if unable to comply with
the requirements of the homestead
law, because of such conditions But
so long as he retains the entry he
must comply with what the law re-
quires in the matter of residence, i'm
provements, and cultivation, and do
the acts and things required.
Mere good intentions, with only
slight compliance with legal require.
ments, are not sufficient upon which
the Department may adjudge title TO
a patent. In communication eases
particularly the entryman must
show that such considerable portion
of the cultivable lands of the entry
have been actually farmed and in
such manner, as a farmer would rea-
sonably be expected to farm in main
tanning an agricultural home upon
the land for the length of time in.
volvcd.
Temporary absences 10 aid neigh
bors in press of II busy season, en-
gagged in useful and needed work for
conservation of agricultural crops,
do not break the continuity of resi-
dence.
There is no authirity of law for
granting final certificate to Il home.
stead entryman who is not shown to
be- Il citizen of the United States.
The husband is by law primarily
the head of the family, and the fact
that the wife may contribute even the
greater part of her support does not
of itself destroy his or create her
status as head of the family.
There is no law authorizing the
submission of final proof by the heirs
of the deceased entryman during the
lifetime of his widow.
Neither the widow nor heir will be
allowed to complete mn entry and re-
ceive a patent for the land where the
widow makes default in complying
with the law within the time limit al
lowed by the statute. The widow is
barred by her default and the heir Is
barred because the prior right to
complete the entry was in the widow
PRACTICE
A contest affidavit has no efficacy
whatever until it is fled in the local
office. II may antedate a relinquish-
ment and its execution may be known
to the entryman, who by reason
thereof relinquishes an entry; but II
not filed in the local office prior to
the filing of REIMBURSEMENT OF the
land in the local office It will not be
effective.
An application to amend an entry
will be denied when it appears that
the selector is not seeking an amend
ment for the purpose of effectuatlng
his original intent, but seeks to make
new selection for land that appears
better suited than that originally Sc
lected.
Extra allowance for expert testi.
mony cannot be allowed in a United
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