The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1913-02-20
JANUARY
LAND DECISIONS
Homestead.

The waiver of the rights of one
prior settler in favor of another vest
no right whatever The rights of such
second settler being dependent en-
tlrely upon his individual acts of
settlement
Prior to the act of Aug. 9. 1912.
the settlement right to unsurveyed
land did not attach to more than 100
acres.
Desert Lands.
An entry may not include lands
partly subject and partly not subject
TO the provisions of the reclamation
502)
Rule 10 of circular (37 L. d. 655).
providing for amendment of entries.
should not be limited to a period of
one year from making of the entry.
lrrigability of land is the esential
feature in entry of arid lands for the
purpose of reclamation. If there can
be no irrigation owing to grades being
impractlcable, the purpose of the en-
try is defeated and works surprise up
on the entryman against which he is
entitled to relief, if he has used rea-
sonable diligence.
AdNblSG.
Where the local land Office has
enormously allowed an entry-even
though the entryman in good faith
has spent all of his means in inn
proving the land-nevertheless the
entry should be cancelled.
Though such errors are unfortunate.
sometimes causing the entryman
heavy expense and hardship, questions
involving the right to public lands
must be decided according to the law
and established rules governing the
same.
hTe purpose of rules ! and 2 of the
rules of practice was to insure good
faith upon the part of the contestant.
A contest should not abate simply
because the contestant subsequently
becomes disqualified to make entry
under that law. Citing Holmes VS..
kinsey (40 L. d. 557).
Mere error of Judgment upon the
part of timber and stone applicant
in swearing that the land applied for
Is best fitted for its timber and stone,
is not sufficient ground for refusing
repayment under the act of March
26, 1908, even when it is determined
after hearing that the land is agri-
cultural in character.
Where a timber and stone appli-
cant examined the land applied for
within 30 days prior to the filing of
his application, a showing of further
examination by the applicant is not
required.
Where new legislation is passed
which may affect pending case before
the secretary on appeal from the COM
missioner, such cases will be remanded
to the commissioner for further con-
sideration under existing statutes.
Mining.
Whether a placer location conforms
sufficiently with the requirements with
respect to form and compaetness is a
question of fact for determination by
the department in the light of the
showing in each particular case.
Even after hearing and adjudica-
tion that land is mineral in character,
the department still retains jurisdic-
tion to consider and determine the
character of the land claimed under
the mineral laws until deprived there
of by the issuance of patent. Citing
Searle Placer III L.. d. 44D.
The fact that land has been ad-
judged mineral in character would not
dispense with the necessity of making
a discovery as basis for location
and mineral patent
Note-These digests are compiled
by William w. Wright, of the District
of Columbia bar.
Citations to above decisions furnish
ed free. Stenographic copies at cost
Owing to the demand for specific
information in regard to public land
entries and pending cases, we desire
to announce that we now maintain a
thoroughly competent "status' clerk
who, under our direction, will furnish
specific information, in regard to any
public land entry or pending case. The
cost of this service is one dollar for
each report, on "status.' Other re-
ports charged for in proportion to
amount of time and attention re-
quired.
CLARK & WRIGHT,
Washington Loan & Trust Building,
Washington, d. C.
Specialty-Associate work for non-
resident attorneys.
-O