The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1913-06-19


ior:
Homesteads.
reservation of property to public
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 departmental see
retaries in failing to carry out in
words of technical accuracy the IN
tent of the executive will not defeat
nor impair the effect and force of his
order.
When application is made for a
tract of public land, regular ON is
face, and in due form, the land Is
segregated against any other appro-
priation. No right can be obtained
by fling application for it.
An Indian allotment segregates the
land against entry or other disposal.
"A homestead entryman takes upon
himself the burden of all conditions.
climatic and otherwise, affecting
actual cultivation He NAV relinuuish
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 requires in
the matter of residence, improve
ments 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 adiudge title to
a patent In communication cases,
particularly the entryman must
ial Alo& L l.
of the cultivable lands of the entry
have been actually farmed and in
such manner, as a farmer would reas-
onably be expected to farm in main
tanning an agricultural home upon the
land for the length of time involved.
Temporary absence to aid neigh
bors in press OF busy season, engag
ed in useful and needed work for con-
servation of agricultural crops, do not
break the continuity of residence.
There is no authority of law for
granting final certificate to home
stead entryman who is not shown to
he a 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
UOl VI ilStii utStIOY HIS UT CREATE HtT
status as head of the family. Distin-
gushing Phillipina Aams (40 L. d.
625).
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 an entry and
=. L
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 com
plete the entry was in the widow.
Practice.
"A contest affidavit has no efficacy
whatever until it is fled in the local
office. 1t may antedate relinquish
ment and its execution may be known
to the entryman, who by reason there
of relinquishes an entry; but if not
filed in the locaI office prior to the
fling 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 effectuating
his original intent, but seeks to make
new selection for land that appears
better suited than thai originally Sc
lected.
Extra allowance for expert testi-
mony cannot be allowed in IT. s.
District Court but the costs must be
taxed according to the statute. Any
extra allowance to "experts' is a
matter of personal or private con
tract between the parties.
Care should be exercised by the
general land Office in ordering hear
ings upon special agents reports or
upon the protest of Individuals to
I fully and accurately state the ma
terial causes of action set out in the
reports or protests and the charges
made should always be considered in
connection with the law under which
an entry is made.
Desert Lands.
The right to make desert entry is
exhausted either by making an entry
or by taking an assignment of an
entry, in whole or in part, whether
the maximum quantity of land or less
is entered or received by assignment |
*One who takes an entry by assign
ment exhausts his desert land rights |
as effectively as though he had made |
an original entry, and this is true
even if he only takes a portion of
such entry. so far as taking other
lands not included in the original en-
I try; but assignment of part of entry |
to person, does not disqualify him
! from receiving assignments of another
of the remaining part of the same en-
try.
AThe mere remaining upon pablo
land without bona fide cultivation and
reasonable diligent effort in the way
of improvements is not the main.nn.
anee of such a settlement as the Iav
contemplates shall reserve tract
from other appropriation, especially
at the hands of a prior claimant who
makes first application to settle tbs