Cut Bank pioneer press. [volume] (Cut Bank, Mont.) 1909-current, 1913-06-20
A Few Late
Land Decisions
HOMESTEADS.

executive departments and controls
them. An error of one of the de.
partmental secretaries in failing to
carry out in words of technical ac-
curacy the intent of the executive
will not defea1 nor impair the effect
and force of his order.
When application is made for a
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 dis
posal.
A homestead entryman taks upon
himself the burden of all conditions.
climatic and otherwise, effecting ac-
ual Gu ltivation. He 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
requires in the matter of residence:
Improvement, 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 patent. In commutation cases.
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 farmer would re-
rsonably be expected to farm in
maintaining an Agricultural home
upon the land for the length of time
involved
Temporary absences to aid neigh
bors in press of a Busy season ,engag-
ed in useful and needed work for
conservation of agricultural crops,
do not break the continuity of res
ldence,
There is no authority of law for
granting final Gel tificate to home
stead entryman who is not shown
to be 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 or create her
status aa head of the family. Des-
tinguishing Philipina Adams (4O L.
d. 625).
There is no law authorizing the
submission of final proof by the
heirs of the deceased etryman dur
ing the lifetimesof the widow.
Neither the widow nor heir will be
allowed to complete an entry and re-
celve patent for the land where she
makes default in complying with
the law within the time limit allow
ed by the statue. The widow is
barred by her default and 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 filed in the local
office. 1t may antedate relinouish-
ment and its execution may be,knowp
to the entryman, who by reason
thereof relinquishes an entry; but
If not filed in the local office prior to
the filing of REIMBURSEMENT of the
land in the local office it will not be
effective.
Aapplication TO amend an entry
will be denied when it appears that
the selector is not seeking an amend
ment for the purpose of effectuatinc
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 alloped in e S ;.
District Court but the costs must be
taxed accordig to the statute. ANY
extra allowance to experts is a